OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Oakland Public Ethics Commission Regular Meeting: July 12, 2023

Public Ethics CommissionWednesday, July 12, 2023
BodyOakland, California
SessionPublic Ethics Commission
DateWednesday, July 12, 2023
StatusFILED
Video Record

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Transcript — Verbatim
2:40

I don't need to sign any one day for speaking.

2:51

Oh, actually, we need to meet.

4:16

Welcome everyone to the July meeting of the Oakland Public Ethics Commission.

4:21

As a reminder to all who may be viewing or joining us tonight, the commission works to promote fairness, openness, honesty, and integrity in city government.

4:31

And we will start out this meeting by taking the role.

4:45

Present.

4:46

Commissioner Upton.

4:47

Present.

4:48

And I am present.

5:03

All right.

5:04

Um let's start out with uh staff and commission announcements.

5:09

Um I will start out by making a brief announcement, and that is that we are planning to hold our annual PEC retreat uh next month on August 24th from 3 to 8 p.m.

5:25

So uh scheduling note for everyone.

5:27

Uh the retreat will be an opportunity for commissioners and staff to discuss at length our goals and priorities for the coming year, and hopefully come out with uh uh clear understanding of what we hope to accomplish uh over the next 12 months.

5:43

Uh it will be held as a public meeting, and the public is welcome and encouraged to attend and give their input as well.

5:52

Um are there any additional commissioner announcements?

5:58

All right, are there any staff announcements?

6:03

Good evening, Commissioners.

6:04

Nicholas Hydern, executive director of the PC.

6:07

Very small announcement.

6:08

The city is holding a commissioner appreciation mixer on July 31st from 5 to 7 p.m.

6:15

that they're encouraging all members of boards and commissions to attend uh RSPPs by July 17th, and we'll send you guys additional information on that.

6:24

This is the city's attempt to recognize and appreciate all of you for the work that you do for the city.

6:30

Thank you.

6:34

Thank you very much.

6:35

And um I've already RSVP'd for that, so hopefully uh that'll be a good opportunity for the PEC to make a showing there and uh interact with some other folks in our city government.

6:48

Uh we'll move on unless there are any additional announcements to our agenda item number three, which is open forum.

6:58

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

7:07

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

7:16

The commission urges members of the public not to make complaints or ask the commission to investigate alleged legal violations at public meetings, since the public disclosure of such complaints or requests may undermine any subsequent investigation undertaken.

7:31

So if you have an ethics complaint to lodge, uh we encourage you to contact staff at ethics commission at Oaklandca.gov for assistance in filing that complaint.

7:43

Um if you have a com if you have a public comment, uh please approach.

7:49

I see we have one individual.

7:50

Uh please state your name if you would like that to be recorded in the meeting minutes.

7:54

My name is Asada Oligbala.

7:57

I'm here uh Yeah, we should we should say you have uh three minutes for your comment.

8:17

I uh I'm gonna run out of here because I'm across the way at the police commission selection panel meeting, very much engaged with that.

8:26

I go to a lot of uh meetings of the city, city council meetings, city committee uh committee meetings, board and commission meetings, and the the lack of consistency related to the enforcement of the Brown Act is very challenging, and there should be some system that sets up to make sure that the Brown Act is being enforced, and I don't know who should do that, but I can tell you the Brown Act is not being implemented correctly.

8:58

City council meeting yesterday, uh the agendized item was not uh agendized, spoke on it anyway.

9:10

And uh public comment, I was expected to speak.

9:14

I said I can't speak if you don't have the item for me to speak.

9:17

You speaking on something completely not agendized.

9:20

The other thing that I'm concerned about is this measure W that you guys participated in.

9:26

Within the original um mission of Measure W, it says citizens would have an opportunity to support candidates.

9:35

You allow an affirmative action component to be brought into the measure W based on people who are not citizens.

9:44

As an African American who is constantly faced with Proposition 209, I cannot deal with issues related to race.

9:52

But people who are not dealing with issues but are actually who related to race but are actually dealing with affirmative action, they get an opportunity to push that forward.

10:05

And one of the groups was Asians for affirmative action.

10:10

And every time we have tried three times since 1996 to in Proposition 209, and the Asian community has fought it tooth and nail.

10:20

But with this measure W, something that gave them advantage, you assisted in giving people who are here as visa violators who are not citizens to have an opportunity to participate in a system that's only meant according to the Constitution of California.

10:37

Citizens, and you overlook that.

10:40

How can you be an ethical group and you don't even follow the constitution of the state?

10:46

So I'm highly insulted with this measure W.

10:50

As an African American, my grandmother couldn't vote.

10:54

My parents barely got to vote.

10:56

I vote in every election.

10:58

I take seriously the voting component, and I had to earn it.

11:03

And when you get it, just because you pay taxes, I think that's something y'all say they deserve it.

11:10

That's affirmative action.

11:13

And I'm struggling over there at the school board for reparations for black students.

Discussion Breakdown — Share of Meeting
Campaign Finance██████████████████████22%
Public Engagement████████████████████20%
Public Ethics█████████████████17%
Procedural████████████12%
Ethics and Campaign Finance████████████12%
Subcommittee Management████4%
Public Records Management████4%
Data Collection███3%
Enforcement Program Report██2%
Summary of Proceedings

Oakland Public Ethics Commission Regular Meeting: July 12, 2023

The Public Ethics Commission (PEC) held its regular meeting on July 12, 2023, at 6:30 p.m. in Hearing Room 1, City Hall. Commissioners discussed a guest presentation on pay-to-play corruption, approved the annual report, voted to postpone the Democracy Dollars program for the 2024 election due to budget constraints, and directed staff to explore a temporary limited public financing program.

Consent Calendar

  • Approval of June 14, 2023 Minutes: The minutes were approved with 4 ayes and 2 abstentions (Commissioner Steele abstained).

Public Comments & Testimony

  • Asada Oligbala expressed concerns about inconsistent Brown Act enforcement across city meetings and criticized Measure W for allowing non-citizens to participate in the Democracy Dollars program, arguing it violates the California Constitution and amounts to affirmative action. He urged the commission to uphold constitutional requirements.

Guest Presentation: Detecting and Preventing Pay-to-Play Corruption

  • UC Berkeley Goldman School students (Bridget Cervelli, Mina Koyama, and Teddy Sherbin, via report) presented findings from their report on pay-to-play corruption prevention. They identified three key barriers: lack of data transparency (e.g., no public contractor database), low policy awareness among regulated parties, and implementation/enforcement challenges. Recommendations included: (1) creating a PEC-regulated public contractor database, (2) launching a public engagement campaign, (3) developing a network of ethics commissions for information sharing, (4) mandating contribution certification from campaigns, (5) enhancing online training materials, and (6) instituting random campaign audits. Commissioners discussed the need for stronger enforcement and staffing, noting the PEC is comparatively understaffed (e.g., only one enforcement staff member handling ~70 cases).

Discussion Items

  • Measure W Implementation Update and Democracy Dollars Postponement: Executive Director Nicolas Heidorn reported that the City Council’s FY 2023-2025 budget eliminated funding for Democracy Dollars vouchers for 2024 but provided $525,000 in startup costs and a Program Manager position. The Commission voted unanimously (6-0) to postpone distribution and use of Democracy Dollars for the November 2024 election. Separately, the Commission voted unanimously (6-0) to direct staff to develop options for a limited public financing (LPF) program for the 2024 election cycle only, similar to the 2022 LPF program, using $155,000 in discretionary funds.
  • Subcommittee Reports:
    • Measure W Implementation Subcommittee (Chair Arvon Perteet): Disbanded, as no further work is needed while Democracy Dollars are postponed.
    • Measure W Equity and Outreach Subcommittee (Chair Charlotte Hill): To continue meeting after the commission’s retreat, with potential to broaden focus to general outreach.
    • Transparency and Public Records Subcommittee (Chair Francis Upton IV): Commissioner Alea Gage was added to the subcommittee. The subcommittee plans to meet July 24.

Key Outcomes

  • Minutes Approved (4 ayes, 2 abstentions).
  • 2022 Annual Report Approved (6-0) with minor editorial corrections.
  • Democracy Dollars Postponement for 2024 (6-0).
  • Limited Public Financing Exploration directed for 2024 (6-0).
  • Disbanded Measure W Implementation Subcommittee.
  • Appointed Commissioner Gage to Transparency Subcommittee.
  • Upcoming Retreat: Scheduled for August 24, 2023, 3–8 p.m., to set annual priorities.
  • Enforcement Update: In litigation, a contempt motion was granted against a respondent for failing to comply with a subpoena, resulting in $2,454 in attorney’s fees and $1,500 in court sanctions.

Meeting Transcript

I don't need to sign any one day for speaking. Oh, actually, we need to meet. Welcome everyone to the July meeting of the Oakland Public Ethics Commission. As a reminder to all who may be viewing or joining us tonight, the commission works to promote fairness, openness, honesty, and integrity in city government. And we will start out this meeting by taking the role. Present. Commissioner Upton. Present. And I am present. All right. Um let's start out with uh staff and commission announcements. Um I will start out by making a brief announcement, and that is that we are planning to hold our annual PEC retreat uh next month on August 24th from 3 to 8 p.m. So uh scheduling note for everyone. Uh the retreat will be an opportunity for commissioners and staff to discuss at length our goals and priorities for the coming year, and hopefully come out with uh uh clear understanding of what we hope to accomplish uh over the next 12 months. Uh it will be held as a public meeting, and the public is welcome and encouraged to attend and give their input as well. Um are there any additional commissioner announcements? All right, are there any staff announcements? Good evening, Commissioners. Nicholas Hydern, executive director of the PC. Very small announcement. The city is holding a commissioner appreciation mixer on July 31st from 5 to 7 p.m. that they're encouraging all members of boards and commissions to attend uh RSPPs by July 17th, and we'll send you guys additional information on that. This is the city's attempt to recognize and appreciate all of you for the work that you do for the city. Thank you. Thank you very much. And um I've already RSVP'd for that, so hopefully uh that'll be a good opportunity for the PEC to make a showing there and uh interact with some other folks in our city government. Uh we'll move on unless there are any additional announcements to our agenda item number three, which is open forum. Open forum is a time for a member of the public to comment on any matter within the jurisdiction of the PEC that is not otherwise included in tonight's agenda. Under the Sunshine Ordinance, the Commission cannot discuss it the substance of any public comment that does not pertain to an item listed on the agenda. The commission urges members of the public not to make complaints or ask the commission to investigate alleged legal violations at public meetings, since the public disclosure of such complaints or requests may undermine any subsequent investigation undertaken. So if you have an ethics complaint to lodge, uh we encourage you to contact staff at ethics commission at Oaklandca.gov for assistance in filing that complaint. Um if you have a com if you have a public comment, uh please approach. I see we have one individual. Uh please state your name if you would like that to be recorded in the meeting minutes. My name is Asada Oligbala. I'm here uh Yeah, we should we should say you have uh three minutes for your comment. I uh I'm gonna run out of here because I'm across the way at the police commission selection panel meeting, very much engaged with that. I go to a lot of uh meetings of the city, city council meetings, city committee uh committee meetings, board and commission meetings, and the the lack of consistency related to the enforcement of the Brown Act is very challenging, and there should be some system that sets up to make sure that the Brown Act is being enforced, and I don't know who should do that, but I can tell you the Brown Act is not being implemented correctly. City council meeting yesterday, uh the agendized item was not uh agendized, spoke on it anyway. And uh public comment, I was expected to speak. I said I can't speak if you don't have the item for me to speak. You speaking on something completely not agendized. The other thing that I'm concerned about is this measure W that you guys participated in. Within the original um mission of Measure W, it says citizens would have an opportunity to support candidates. You allow an affirmative action component to be brought into the measure W based on people who are not citizens. As an African American who is constantly faced with Proposition 209, I cannot deal with issues related to race. But people who are not dealing with issues but are actually who related to race but are actually dealing with affirmative action, they get an opportunity to push that forward. And one of the groups was Asians for affirmative action. And every time we have tried three times since 1996 to in Proposition 209, and the Asian community has fought it tooth and nail. But with this measure W, something that gave them advantage, you assisted in giving people who are here as visa violators who are not citizens to have an opportunity to participate in a system that's only meant according to the Constitution of California.

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