Oakland Public Ethics Commission Regular Meeting – June 14, 2023
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Oakland Public Ethics Commission Regular Meeting – June 14, 2023
The Oakland Public Ethics Commission (PEC) held a regular meeting on Wednesday, June 14, 2023, at 6:30 p.m. in Hearing Room 1 at City Hall. Commissioners present were Chair Ryan Micik, Vice Chair Charlotte Hill, Alea Gage, and Francis Upton IV; Commissioners Arvon Perteet and Vincent Steele were absent. The meeting included discussions on Measure W implementation, public records mediation improvements, enforcement confidentiality rules, and a special presentation by former law clerk Chris Nardi. The meeting was briefly recessed for 15 minutes so Chair Micik could speak at a concurrent City Council budget session.
Consent Calendar
- Approval of Minutes (May 10, 2023): The Commission voted 4-0 to approve the draft minutes of the May 10 regular meeting.
Public Comments & Testimony
- No public comments were made during Open Forum or on any agenda item.
Discussion Items
- Mediation Process – Presentation by Chris Nardi: Former law clerk Chris Nardi presented findings on public records request mediations, noting that 14 of 15 pending mediations alleged unlawfully delayed responses, and that electronic data requests (EDDR) from ITD take about two months to process. He compared Oakland’s process to those of San Francisco and San Jose, recommending short-term backlog clearance, medium-term root cause analysis, and long-term enhancement of the Open Government Coordinator role. Commissioners discussed improving department responsiveness, technology innovations, and public outreach.
- Measure W Implementation – Oakland Fair Elections Act: Lead Analyst Suzanne Doran reported that the Mayor’s proposed budget allocated $525,000 for startup costs but postponed the Democracy Dollars voucher program to 2026. Staff advocated for a scaled-down pilot program in 2024 using limited public financing (LPF). Councilmember Kalb proposed an at-large pilot with one staff member, but staff said it would require 3–4 full-time employees to be viable. Chair Micik and Vice Chair Hill highlighted their op-ed in the SF Chronicle supporting a pilot. The Commission expressed consensus to pursue funding for an LPF pilot for the 2024 election and to support a program manager position.
- Subcommittee Reports:
- Measure W Implementation Subcommittee (Upton, Micik, Perteet): Supported the LPF pilot and program manager; plans to draft ordinance language for September City Council.
- Measure W Equity and Outreach Subcommittee (Hill, Gage, Steele): Held discussions on outreach but are waiting for budget clarity before proceeding.
- Transparency and Public Records Subcommittee (Upton, Perteet): Met to review data on requests and plan further inquiries with departments; next meeting June 26.
- Enforcement Case Confidentiality and Election-Related Complaints: Enforcement Chief Simon Russell led a discussion on current confidentiality rules and options for handling complaints during elections. Three options were presented: (1) delaying notification of investigation to complainants until after an election; (2) requiring a 10-business-day preliminary review of election-related complaints; (3) creating a permanent enforcement subcommittee to approve investigation decisions. Commissioners expressed interest in option 1 but noted legal constraints; option 2 was seen as impractical given staffing; option 3 was not favored. The topic will be revisited during the August retreat.
- Disclosure and Engagement: Lead Analyst Doran noted a Special Election for OUSD District 5 on November 7, 2023, adding two pre-election deadlines. Staff are updating candidate materials to reflect new rules under Measure W (disclaimer requirements, lower contribution limits). The Commission discussed social media engagement and potential tabling at events like Art & Soul.
- Enforcement Program Update: Chief Russell reported hiring Garrett Micheels as an exempt limited duration Ethics Investigator. The enforcement caseload stands at 72 matters, with 38 on hold. One dismissal (Case 23-13) was withdrawn due to new evidence; another (Case 23-18, East Oakland Community Project) was dismissed for lack of jurisdiction. The Commission acknowledged the staffing shortage and expressed hope for budget support for an additional investigator, as proposed by Councilmember Ramachandran.
- Executive Director’s Report: Executive Director Nicolas Heidorn reported that lobbyist registration fees ($500 annual, $10 per day late fee) passed first reading at City Council on June 6 and are expected for final adoption June 20. Open mediations dropped from 24 to 16, thanks to law clerk Chris Nardi. Budget amendments to fund a program manager and an additional investigator are under consideration.
- Future Meeting Business: The Commission plans to hold its annual retreat in August, with dates to be finalized by email.
Key Outcomes
- Measure W Pilot: The Commission directed staff to pursue a limited public financing (LPF) pilot for the 2024 election and secured support from Council President Bas’s budget team for a program manager. The City Council will adopt the final budget on June 26.
- Mediation Backlog: The PEC reduced open mediations from 24 to 16 due to focused staff efforts. The Transparency Subcommittee will continue analyzing departmental responsiveness.
- Lobbyist Fee: Approval of the lobbyist registration fee appears likely; staff will bring back ordinance amendments and a waiver policy for nonprofits.
- Enforcement Process: No formal changes were voted on. The Commission will discuss confidentiality and election-related complaint procedures at the August retreat.
- Personnel: Garrett Micheels joined as an investigator. The Commission hopes to fill additional investigative positions pending budget approval.
Meeting Transcript
Yeah. I mean, I think I want to come with you. I guess I would I will grab that. Well that would be better. That would quite be a good one. Or confirm finances and resources. Otherwise, you might have proved things that are not in the budget. That's how you got into it. Don't do it. I don't know if you don't think one. I'd like to begin by just saying one of the definitions of the standard. I've told you the open two five years. So let's talk about which the values we've struck with the code budget. I can see the third of these in a four thing for this process. And if I just twenty years ago, the two thousand and three. That's why we are just general bodies. That's what you got involved. That you can go for more views. And yet we're the only strategies that have the three evidence in the show that you work. We are every point. All right, without further ado, uh, welcome everyone to the June meeting of the Oakland Public Ethics Commission. As a reminder who all uh to all who may be watching or attending tonight, the Commission works to promote fairness, openness, honesty, and integrity in city government. And uh, we will start by taking the roll. Uh, Vice Chair Hill. Present. Uh Commissioner Gage. Present. Commissioner Pertit. Commissioner Pertit is absent. Commissioner Steele. Commissioner Steele is absent. Commissioner Upton. And I am present, and there are four of us, and we have a quorum. Um, we will move to item number two, uh, which is staff and commission announcements. Um, I'm going to start off by making a couple of announcements uh related to the uh order of operations tonight. Uh first of all, uh, due to a concurrent city council meeting uh that is taking place down the hall. And um logistical considerations related to that, we are going to be moving up our conversation about measure W. Um, so that's discussion item number six, um, we are going to have right after open forum. And then since there is also Measure W business in uh discussion item uh agenda item number seven, we are going to be doing that right after uh number six. So the order is going to be open forum, then items six and seven, uh, then items four, five, and so on. Uh the other announcement that I have is that I may need to call a brief recess. Uh, at some point during this meeting, I uh have signed up as a public speaker at the City Council meeting to uh emphasize the commission's support and position on budget amendments related to Measure W. So at that point, um, once it's my turn to speak, um, I will entertain a motion for a fifteen minute recess. Um, at which I will go and return, hopefully in 15 minutes, and we will reconvene uh and pick up the agenda where we left off. Uh so that's what we can expect tonight, and um I'll recognize our uh still new executive director, uh, Nicholas Hyde, uh, for announcements. Wonderful. Thank you. Uh thank you, Chair, and good evening, Commissioners. Uh a few housekeeping items uh related to what the chair was just sharing. Uh we do have a concurrent city council meeting, an eventful night for the PC where the mayor's budget is going to be discussed, including items relating to the PEC.
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