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Record of Proceedings

Oakland Public Ethics Commission Meeting January 11, 2023: Officers Elected, New Commissioners Selected, 2022 Year-End Reports

Public Ethics Commission — Wednesday, January 11, 2023
BodyOakland, California
SessionPublic Ethics Commission
DateWednesday, January 11, 2023
StatusFILED
Video Record
0:00 / 2:33:25

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
5:47

So we can determine forum.

5:49

Oh, there we go.

5:50

Um welcome.

5:54

Hold on.

5:55

Now the other one wants to come back.

5:57

Hold on.

5:57

Now the other one wants to come back.

6:04

Okay.

6:05

Welcome everyone to the f uh to the January um twenty twenty three meeting of the Oakland Public Ethics Commission.

6:14

Um we have a quorum, which means that we have at least four commissioners and we'll start the meeting by taking a roll call.

6:22

Um Commissioner Hill.

6:26

Present.

6:28

Commissioner Tuman here.

6:30

Commissioner Upton.

6:32

Here.

6:33

Vice Chair Mitchick.

6:35

Present.

6:36

And Chair Pertit is also present.

6:39

So we have five commissioners present this evening, which means we have a quorum.

6:43

Um we also have staff um acting executive director, Suzanne Duran.

6:48

Um our Chief Simon Russell, also our deputy city attorney, Trisha Shafi.

6:57

Um do we have any other staff on this evening.

7:03

Anna Laura Franco is here also, our commission is uh uh analyst.

7:07

Okay, thank you.

7:10

Okay, so we'll move on to item number two.

7:14

Um on the agenda staff and commission announcements.

7:17

Are there any staff or commissioner announcements?

7:24

No staff announcements.

7:28

Any commissioner announcements.

7:34

All right, we'll move on to item number three, which is open forum.

7:40

Open form is a time for a member of the public to comment on any matter within the jurisdiction of the PEC and that is not otherwise included in tonight's agenda.

7:49

Under the Sunshine Ordinance, the commission cannot discuss the substance of any public comment made that does not pertain to an item listed on the agenda.

7:59

Is there any public comment?

8:00

So this is where I'm gonna need some assistance from staff because I'm doing this for my phone.

8:04

Um if you could look and um unmute people um as we go along and announce who was next, that would be greatly appreciated.

8:14

So is there any other comments?

8:16

This is Anna Lara Franco.

8:18

There is uh Ralph Cannes.

8:20

Um is going to speak.

8:22

I'm going to allow him to talk.

8:24

And then let me uh put the timer up.

8:26

And it's uh two minutes.

8:29

Two minutes, correct.

8:30

Thank you.

8:30

Oops, hold on.

8:36

This is Ralph Cannes.

8:37

Um just a follow-up to the commission's violation of the Brown Act at the September September 14, 2022 meeting.

8:46

Um, which you still have not done a Karen correct about.

8:50

Uh you did send me a letter, staff sent me a letter saying contact the city attorney's office.

8:55

I've contacted city attorney's office three times, and they refuse to respond.

9:00

Asking a simple question.

9:03

Was it a violation of the Brown Act?

9:06

It's a simple yes or no question.

9:09

And Miss Chaffee is incapable of answering a question, which is a very basic question relative to what this commission does and what is enforcement responsibilities are about.

9:23

And this commission is supposed to be setting example for the rest of the city, and you're not and the city attorney's office is completely silent on the issue.

9:34

If it wasn't a violation, say so.

9:37

But I now have an attorney expressing the opinion that it was a clear violation of the Brown Act.

9:45

That was provided to Miss Shabby.

9:48

And the city attorney's office, and they don't respond.

9:52

And this commission doesn't respond.

Discussion Breakdown — Share of Meeting
Public Ethics██████████████████18%
Procedural█████████████████17%
Commissioner Appointment Process████████████████16%
Public Engagement███████████11%
Measure W Implementation██████████10%
Public Records Management██████6%
Technology and Innovation████4%
Budget and Finance████4%
Subcommittee Management███3%
Summary of Proceedings

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.

Meeting Transcript

So we can determine forum. Oh, there we go. Um welcome. Hold on. Now the other one wants to come back. Hold on. Now the other one wants to come back. Okay. Welcome everyone to the f uh to the January um twenty twenty three meeting of the Oakland Public Ethics Commission. Um we have a quorum, which means that we have at least four commissioners and we'll start the meeting by taking a roll call. Um Commissioner Hill. Present. Commissioner Tuman here. Commissioner Upton. Here. Vice Chair Mitchick. Present. And Chair Pertit is also present. So we have five commissioners present this evening, which means we have a quorum. Um we also have staff um acting executive director, Suzanne Duran. Um our Chief Simon Russell, also our deputy city attorney, Trisha Shafi. Um do we have any other staff on this evening. Anna Laura Franco is here also, our commission is uh uh analyst. Okay, thank you. Okay, so we'll move on to item number two. Um on the agenda staff and commission announcements. Are there any staff or commissioner announcements? No staff announcements. Any commissioner announcements. All right, we'll move on to item number three, which is open forum. Open form is a time for a member of the public to comment on any matter within the jurisdiction of the PEC and that is not otherwise included in tonight's agenda. Under the Sunshine Ordinance, the commission cannot discuss the substance of any public comment made that does not pertain to an item listed on the agenda. Is there any public comment? So this is where I'm gonna need some assistance from staff because I'm doing this for my phone. Um if you could look and um unmute people um as we go along and announce who was next, that would be greatly appreciated. So is there any other comments? This is Anna Lara Franco. There is uh Ralph Cannes. Um is going to speak. I'm going to allow him to talk. And then let me uh put the timer up. And it's uh two minutes. Two minutes, correct. Thank you. Oops, hold on. This is Ralph Cannes. Um just a follow-up to the commission's violation of the Brown Act at the September September 14, 2022 meeting. Um, which you still have not done a Karen correct about. Uh you did send me a letter, staff sent me a letter saying contact the city attorney's office. I've contacted city attorney's office three times, and they refuse to respond.

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