Oakland Public Ethics Commission Regular Meeting - May 10, 2023
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Oakland Public Ethics Commission Regular Meeting - May 10, 2023
The Oakland Public Ethics Commission (PEC) held its regular meeting on Wednesday, May 10, 2023, at 6:30 p.m. in Hearing Room 1 of City Hall. The meeting focused on the implementation of Measure W (Oakland Fair Elections Act), including a major discussion on budget cuts and a proposed scaled-down pilot program, along with updates on enforcement, disclosure, and subcommittee work. Commissioners also welcomed a new permanent Executive Director, Nicholas Hydorn.
Consent Calendar
- Approval of Minutes: The Commission unanimously approved the draft minutes from the April 12, 2023 regular meeting (6-0 vote).
Public Comments & Testimony
- Maven Carter Griffin (Wood Street People's Collective, Homeless Action Working Group) expressed the need for outreach to the unhoused community to enable participation in campaigns and voting, and highlighted the challenges of civics engagement amidst encampment sweeps.
- Gail Wallace (League of Women Voters, BayPEC Coalition) reaffirmed the coalition's support for partial implementation of Measure W, noting meetings with Council President and ongoing work on education, modeling, and costing. She emphasized momentum from the 74% voter approval and potential philanthropic resources for outreach.
- Bether Nendez (California Common Cause, co-chair of Berkeley City Bear Campaign Political Practices Commission) expressed enthusiasm for a pilot program, offering the coalition's partnership on research, outreach, and capacity building. She noted that Berkeley recently expanded its public financing program.
Discussion Items
Measure W Implementation – Oakland Fair Elections Act
Acting Executive Director Suzanne Doran reported that the Mayor's proposed budget for FY 2023-25 included only $500,000 total for Measure W, far below the $8 million needed for a full launch. The Commission discussed a scaled-down pilot covering only the four city council districts up for election in 2024, with a projected cost of $3.1 million (a gap of $2.6 million). Key risks included tight timelines, staff turnover, a ransomware attack, and a hiring freeze. Staff recommended pursuing the pilot if funding could be secured, with a focus on paper vouchers, a simple website, and reliance on community partners for outreach. Commissioners debated the merits of a pilot versus postponing to 2026. Commissioner Upton proposed a pilot for all council districts, not just one, to avoid inequity. Commissioner Gage emphasized the program's equity goals and warned against accepting a pilot that might become permanent. Commissioner Steele supported moving forward with the scaled-down version given the deadline. The Commission reached a consensus to direct staff to seek funding from the City Council for a pilot covering the four council districts and additional staff for a successful 2026 rollout.
Enforcement Program Report
Enforcement Chief Simon Russell reported a caseload of 70 matters, with only one investigative staff member (himself) due to a long-standing vacancy. He announced that Enforcement would begin placing some matters on indefinite hold due to a severe staffing shortage, using criteria such as public interest, evidence availability, and resources already invested. He noted that even with a new investigator expected soon, a minimum of four staff is needed. Commissioner Upton suggested exploring technology (e.g., AI) to assist with document review, and Commissioner Steele asked about using interns. The Chief confirmed past use of interns and welcomed advocacy for more funding.
Disclosure and Engagement Report
Commission Analyst Ana Lara-Franco summarized compliance activities: 33 requests for advice from January to April, 46 new employees trained on the Government Ethics Act, 10 of 11 elected officials filing Form 700 on time, and an advisory sent on April 27 about Measure W changes. She noted that campaign finance committees failing to file were referred to the FPPC. Commissioner Gage asked about tracking click-through rates on the advisory; staff will follow up.
Executive Director’s Report
Acting Director Doran reported 24 open public records mediations, including two closed mediation summaries (M2020-09 and M2020-11) provided in the packet. She thanked staff and announced the addition of lobbyist registration fees to the Master Fee Schedule (pending council approval). Commissioner Upton asked about the limits of mediation in investigating withheld records; Enforcement Chief Russell explained that mediation relies on good faith, but enforcement can open a case if there is evidence of deliberate withholding, though Sunshine Ordinance violations carry no penalties. The Commission noted the subcommittee will explore best practices.
Subcommittee Reports
- Transparency and Public Records Subcommittee (Chair Upton): Met on April 27; staff is working on improving mediation processes, publishing granular data on department responses, and engaging top departments (e.g., Planning, Police) to identify barriers. Commissioner Hill asked about ways commissioners can help; staff noted that direct mediation involvement is not practical, but data analysis and advocacy are helpful.
- Measure W Equity and Outreach Subcommittee (Chair Hill): Met recently; drafted high-level outreach goals and talking points, and is prioritizing an outreach plan outline by May 19. The subcommittee aims to include the unhoused community and is partnering with Common Cause and other groups.
- Measure W Implementation Subcommittee (Chair Perteet): Discussed the impact of the Mayor's budget proposal cutting funding, and the option of a scaled-down pilot. Staff presented a pilot costing $3.1 million, with a $2.6 million gap.
New Executive Director Announcement
Chair Micik announced the appointment of Nicholas Hydorn as the new permanent Executive Director. Hydorn, a former policy and legal director of Common Cause California and an Oakland native, introduced himself and expressed commitment to the PEC's mission. He will start the following week.
Key Outcomes
- Consensus on Measure W Pilot: The Commission directed staff to pursue funding from the City Council for a scaled-down pilot program covering the four council districts up for election in 2024, as well as additional staff funding for a successful 2026 rollout. The decision was a consensus, not a formal motion.
- Enforcement Hold Policy: Enforcement Chief Russell will begin placing certain matters on hold due to staffing shortages, using criteria outlined in the report. The Commission acknowledged the situation and will consider long-term strategic planning at a future retreat.
- Future Meeting Business: No specific items were proposed for the next meeting. Public comment was received regarding unhoused community issues and homelessness, but no action was taken.
Meeting Transcript
All right, welcome everyone to the May meeting of the Oakland Public Ethics Commission. Uh, as a reminder to all who may be viewing or attending tonight, the commission works to promote fairness, openness, honesty, and integrity in city government. And uh, we've got a couple of agenda items tonight uh in particular that uh speak to that role and our role moving forward. So let's get to it. We'll take the role. Uh Vice Chair Hill. Present. Commissioner Gage. Present. Commissioner Pertit. Present. Uh Commissioner Steele. Present. And Commissioner Upton. Here. And I am also present. We have a quorum, and we'll move on to agenda item number two. Staff and Commission announcements. Um I do have an announcement. Um I am very happy to announce that after a extremely thorough search process, we have appointed a new permanent executive director, uh, Nicholas Hydorn. And uh Nicholas, we are excited to have on board. He's exceptionally qualified. He has over a decade of experience working on state and local government policy and reform. Uh among other experience, he served as the policy and legal director of common cause California. And uh we uh really excited to have him lead our staff into the next chapter of the PEC's history. Um Nicholas is here and he's signed up to introduce himself. Great. Thank you so much, uh Chair Maic for that warm introduction. And uh although I don't actually start until next week, I did want to take the opportunity to just briefly introduce myself to the commission as well as to members of the public. So although I'm actually coming to the commission by way of Sacramento, I'm originally from Oakland. I've lived in Tenniscal, Laurel, Grass Valley, and a few other neighborhoods. So coming to the commission is a little bit like a homecoming for me, and I'm excited to be back in Oakland. Um, as Chair Meich explained too, I've spent most of my career working on areas of government reform, transparency, um, campaign finance ethics. So the mission of the PEC of fairness, honest, accountable government are really core to what I believe in, and it's a mission that really resonates with me. I also think as we look at the PEC's mission, its importance is probably more so now than maybe ever before. You know, when you look at um look at, for example, national polling, you'll see that members of the public are increasingly growing a little bit disillusioned with democracy. So this is a really important moment for democracy in promoting trust in government. And that's really one of the core functions that the ethics commission provides. Uh of course, there are some challenges ahead for the PC in the city of Oakland, staffing finance, uh other issues, but I feel extremely grateful. Joining this commission because we have one of the strongest ethics commissions in the state. Uh excellent staff, uh, excellent commissioner. So I feel fortunate to be joining with you to work on that. Uh and just in closing, I also want to extend a particular thank you to uh Chair Mechik as well as Acting Director Dorn for welcoming me and helping to integrate me uh before I started. So thank you, and I'm looking forward to teaming up with you all. Thank you so much. Thank you very much. Uh are there any other staff or commissioner announcements? All right. Uh is there any public comment on this item? All right.
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