Oakland Public Ethics Commission Meeting January 11, 2023

The Public Ethics Commission (PEC) of Oakland held its regular meeting on Wednesday, January 11, 2023, at 6:30 p.m. via teleconference, in accordance with a renewed virtual-meeting resolution under AB 361. All five commissioners were present (Arvon Perteet, Ryan Micik, Charlotte Hill, Joseph Tuman, Francis Upton IV), establishing a quorum. The Commission renewed Resolution 23-01, approved the December 14, 2022 minutes, elected officers, selected two new commissioners, and received year-end reports on disclosure, enforcement, and executive director activities. Public comment was received on several items, primarily from Ralph Cannes.

Public Comments & Testimony

• Ralph Cannes, under Open Forum, stated that the Commission had committed a Brown Act violation at its September 14, 2022 meeting and had not performed a "cure and correct." He said he had contacted the City Attorney's office three times without response and that an attorney had opined the violation was clear. He urged the Commission to admit the mistake and correct it.
• During new commissioner selection, Mr. Cannes commented that the process had not been sufficiently public, said he only felt comfortable with Nardi, and expressed concern that Steele worked for Alameda County Supervisor Keith Carson, a political position that could create ethical conflicts.
• On subcommittee/executive director recruitment, Mr. Cannes urged that the entire executive director search be conducted in public, asserting there was no legal requirement for closed session and noting a past failure to report results.
• On transparency/public records, Mr. Cannes said the Commission needed to address the recodification of the California Public Records Act and update website legal references.

Preliminary Action Items

Virtual Meetings Resolution 23-01

The Commission reviewed Resolution 23-01, which determines that in-person meetings would pose imminent health risks and elects to continue teleconference meetings under AB 361. Chair Perteet at one point referred to "Resolution 22-01," but the resolution and agenda identify it as 23-01. Motion by Upton, seconded by Tuman. Vote: pass 5-0.

Approval of Minutes

Minutes of the December 14, 2022 regular meeting were approved. Micik moved, seconded by Upton; vote 5-0. Commissioner Hill noted the minutes were more expansive in response to feedback.

Election of Officers

• Nominations: Micik nominated for Chair by Perteet; accepted. Hill nominated for Vice-Chair by Perteet, seconded by Tuman; accepted.
• Public comment: none.
• Motions and votes: Micik elected Chair 5-0; Hill elected Vice-Chair 5-0.

New Commissioner Selection

• Process: PEC received 8 applications, conducted interviews, selected 4 finalists; 3 accepted (Alea Gage, Chris Nardi, Vincent Steele). Each given 4 minutes to introduce themselves, followed by questions.
• Candidate presentations summarized: Gage is a city planner with experience in participatory budgeting and wants to work on Measure W. Nardi is a first-year law student with public records expertise. Steele is a policy analyst for Alameda County with organizing background.
• Public comment: Mr. Cannes expressed concerns as above.
• Voting: First seat: Gage received 3 votes, a majority; second seat: Steele received 4 votes. Nardi was not selected. A formal motion to seat Gage and Steele passed 5-0. Terms begin January 22, 2023.

Discussion Items

Subcommittee Reports

• Outreach Subcommittee (Upton, Hill): No new actions; will resume in March; coordinated with Measure W.
• Recruitment Subcommittee (Micik, Hill, Upton): Reported successful recruitment effort; disbanded.
• Measure W Implementation Subcommittee (Perteet, Hill, Upton): Met Monday; staff is on track with hiring, budget, and technology planning; panel with SPUR in April; informational videos planned.
• New Executive Director Recruitment Subcommittee: Created with Micik (Chair), Perteet, Upton; 19 applications received; will meet soon to narrow candidates and may schedule closed-session interviews.

Executive Director Recruitment

• Update: 19 applications received. Subcommittee formed to narrow field. Commissioner Tuman offered advice to focus on public ethics qualifications rather than political experience. Public comment from Cannes urging public process.

Transparency and Public Records Requests

• Discussion only; no action taken. Chair Perteet requested the item be kept on the agenda. Public comment from Cannes about the Public Records Act recodification.

Disclosure and Engagement (Year-End)

• Ana Lara-Franco presented the 2022 year-end report. Key stats: 103 active political committees; ~1,000 campaign filings processed; $910 in late fees; 6,500+ contributions reviewed; 65 registered lobbyists; 283 quarterly lobbyist reports; all 11 elected officials filed Form 700; 15 behested payments totaling $1,935,000; 305 requests for advice, assistance; OpenDisclosure had nearly 6,500 new users and 21,000+ pageviews; 5 new mediation requests, 10 completed.
• Commissioner Hill praised the report.

Enforcement Report (Year-End)

• Simon Russell presented. Key stats: 51 open cases; 18 formal complaints received; 9 dismissed, 9 under review; 4 investigations from informal complaints; 8 proactive investigations; 7 investigations moved to legal analysis; 3 cases resolved with penalties (including Kaplan $19,000); one probable cause finding; two cases headed to administrative hearings. He noted that due to staffing shortages (only Enforcement Chief, no investigator), 50% clearance rate; at minimum 4-5 staff needed.
• Discussion about technology and Measure W.

Executive Director's Report

• Suzanne Doran summarized 2022 accomplishments: all five strategic priorities achieved; acknowledged Commissioner Tuman's service; noted upcoming work with UC Berkeley Goldman School on SB 1439/pay-to-play; 2023 priorities to be developed.

Future Meeting Business

• Outgoing Chair Perteet thanked the Commission. Commissioner Tuman gave farewell remarks, encouraging in-person meetings when safe. Future agenda topics to be set by new Chair Micik.

Key Outcomes

• Resolution 23-01 passed 5-0 (teleconference meetings authorized).
• Dec 14, 2022 minutes approved 5-0.
• Ryan Micik elected Chair, Charlotte Hill elected Vice-Chair for 2023-2024.
• Alea Gage and Vincent Steele selected and seated as new commissioners (5-0), terms beginning Jan 22, 2023.
• Recruitment Subcommittee disbanded.
• Executive Director Recruitment Subcommittee formed (Micik, Perteet, Upton).
• The Commission will continue to discuss public records responsiveness and monitor personnel and Measure W implementation.