Oakland Public Ethics Commission Regular Meeting – December 14, 2022

The Oakland Public Ethics Commission held its regular meeting on December 14, 2022, from approximately 6:30 p.m. to 9:03 p.m. via teleconference. Key actions included renewing the virtual meetings resolution, closing a series of ticket-distribution enforcement cases from 2016, approving a $19,000 settlement with Councilmember Rebecca Kaplan for conflict-of-interest and disclosure violations, and discussing the implementation of Measure W (Democracy Dollars) and other transparency initiatives.

Consent Calendar

• Approval of November 9, 2022, Meeting Minutes: Approved 4-0 with one abstention (Commissioner Upton, absent).

Public Comments & Testimony

• Open Forum: Multiple speakers addressed the commission. A speaker (Ms. Boyce) expressed concern about closed equity working group meetings for the General Plan update, stating they violate the Brown Act. Gail Wallace (League of Women Voters) urged the commission to prioritize the executive director search and extend the application deadline past January 2. Ralph Kanz criticized the lack of public policies for selecting commissioners and the executive director, and questioned the handling of public records requests. A homeless advocate reported alleged harassment and a closure order at a park.
• On Virtual Meetings Resolution: Speakers expressed mixed views on remote meetings, with one citing accessibility issues and another citing safety concerns.
• On Ticket Cases Closure: Some public commenters criticized the decision to close cases without penalties, arguing it looks like politicians getting off easy. Others supported the closure given policy improvements.
• On Kaplan Settlement: Speakers expressed varied opinions, with some believing the penalty insufficient given Kaplan’s experience, and others viewing the settlement as appropriate.
• On Recruitment Subcommittee: Ralph Kanz noted the police commission holds public interviews, and urged the PEC to do the same.
• On Measure W: Gail Wallace expressed the League's support and offered coalition resources.
• On Executive Director Search: Ralph Kanz criticized the lack of a public process and suggested a special meeting.

Discussion Items

• Virtual Meetings Renewal (Item 4): The commission reviewed and renewed Resolution 22-01, allowing continued teleconference meetings due to the COVID-19 state of emergency. Staff noted plans to return to in-person or hybrid meetings in March 2023.
• Closing Ticket Distribution Cases (Item 6): Enforcement Chief Simon Russell presented a recommendation to close nine enforcement cases (PEC Case Nos. 16-08a through i) regarding free tickets to Oracle Arena and Oakland Coliseum events from 2015-2016. He cited a new stricter ticket policy adopted in May 2022, improved compliance, and the systemic nature of the issues. Commissioners discussed accountability and precedent, with some emphasizing that naming the officials in the report provided deterrence. The motion passed 5-0.
• Rebecca Kaplan Settlement (Item 7): The commission considered a stipulated agreement for Councilmember Kaplan’s failure to timely report a condominium interest on her Form 700 and for voting on Estuary Park improvements near that property. Staff recommended a $19,000 penalty. Commissioners debated whether her conduct was negligent or reckless, given her experience as a lawyer and elected official. The settlement was approved 5-0.
• Subcommittee Reports: The Outreach Subcommittee (Upton, Hill) reported no recent activity. The Recruitment Subcommittee (Micik, Hill, Upton) identified four finalists for two commissioner vacancies; finalists will present at the January meeting.
• Creation of Measure W Ad Hoc Subcommittee: Chair Perteet proposed an ad hoc committee to oversee implementation of the new Democracy Dollars program. Commissioners Upton and Hill volunteered; the committee will begin work in January.
• Transparency and Public Records Requests (Item 11): Commissioner Upton discussed efforts to analyze citywide public records compliance and suggested the PEC serve as a model.
• Limited Public Financing Program 2022 Summary (Item 9): Staff reported that 90% of available funds ($159,038 of $177,000) were distributed to five candidates in the 2022 election. This was the final cycle for the current program before Measure W takes effect.
• Measure W Implementation Update (Item 10): Staff presented a timeline for the new Democracy Dollars program, noting a tight schedule with funding and staffing effective July 2023. Commissioners emphasized the need for robust outreach and technology development.
• Executive Director’s Report (Item 14): Acting ED Suzanne Doran reported on staffing changes (promotion of Simon Russell to Enforcement Chief, Ana Lara-Franco to Commission Analyst), and the search for a new Executive Director (posting now live). Discussion included whether to use an executive search firm or extend the January 2 deadline. Chair Perteet preferred to wait for applicants before deciding.

Key Outcomes

• Approved (4-0): Renewal of Resolution 22-01 for virtual meetings.
• Approved (5-0): Closing of nine ticket-related enforcement cases (16-08 series) with no further action.
• Approved (5-0): Settlement with Rebecca Kaplan (Case 20-40) imposing a $19,000 penalty for five counts (failure to disclose property interest and conflict of interest).
• Created: Ad hoc Measure W Implementation Subcommittee (Perteet chair, Upton and Hill members).
• Noted: Four finalists for two commissioner vacancies will present at the January 11, 2023 meeting.
• Scheduled: Election of new Chair and Vice-Chair for 2023 at the next meeting.
• Future Topics: Commissioner Mitchell requested review of policies for handling investigations of candidates and media inquiries. Commissioner Perteet requested update on Form 700 transfer duties from City Clerk to PEC.