Oakland Public Ethics Commission Regular Meeting – August 9, 2023
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Oakland Public Ethics Commission Regular Meeting – August 9, 2023
The Oakland Public Ethics Commission (PEC) met on Wednesday, August 9, 2023, at 6:30 p.m. in Hearing Room 1 at City Hall. All six commissioners were present: Chair Ryan Micik, Vice Chair Charlotte Hill, and Commissioners Alea Gage, Arvon J. Perteet, Vincent Steele, and Francis Upton IV. Staff included Executive Director Nicolas Heidorn, Lead Analyst Suzanne Doran, Enforcement Chief Simon Russell, and others. The meeting covered amendments to the Lobbyist Registration Act, a temporary limited public financing program for the 2024 election, and updates on Measure W implementation.
Public Comments & Testimony
- David (Common Cause California, BayPEC Coalition): Expressed support for reinstating the Limited Public Financing Act (LPF) for the 2024 election cycle, stating that the BayPEC coalition is committed to collaborating on Measure W implementation. He also voiced enthusiasm for a potential voter guide similar to Seattle’s, which he said has worked well there.
Discussion Items
- Lobbyist Registration Act (LRA) Amendments: Executive Director Heidorn presented a proposal to codify a new $500 annual lobbyist registration fee and $10/day late fee (already approved by City Council), along with fee waivers and reductions. Key elements included:
- Full fee waiver for 501(c)(3) nonprofits with annual revenue under $750,000.
- Reduced fee ($100) for small businesses/organizations with revenue under $200,000.
- Half-fee for lobbyists registering in the second half of the calendar year.
- A cap of $1,000 on late filing fees and authority for the Executive Director to waive fees under $500 for non-willful violations.
- Mandatory lobbyist training and alignment of quarterly filing deadlines with the end of the month.
- A technical amendment to clarify that registration can be voided for failure to complete any required training.
- Commissioner Perteet moved to expand the fee waiver to include 501(c)(4) organizations. After debate, the motion failed 2-4 (Chair Micik, Commissioners Steele and Upton opposing; Commissioners Hill and Gage supporting; Commissioner Perteet voting yes). A subsequent motion to adopt the staff recommendation (with the technical amendment) passed 5-1, with Commissioner Perteet dissenting.
- Limited Public Financing Act of 2024: Staff proposed a one-time, reimbursement-based public financing program for City Council district elections, using $155,000 in discretionary funds. The program would require candidates to accept a $150,000 expenditure limit (per Measure W), raise $7,500 from Oakland residents, and attend at least one debate. Staff recommended adopting the LPF’s simpler rules rather than Measure W’s more complex requirements. The Commission voted 6-0 to approve the resolution, with amendments to remove a voter guide pilot (which staff determined could be done without council authorization) and a technical renumbering fix.
- Measure W Implementation Update: Lead Analyst Doran reported ongoing work: hiring a Program Manager, collaborating with IT on a technology RFP (targeting October release), and exploring partnerships with civic design organizations. An updated timeline was provided, with key milestones including program launch in 2026.
- Subcommittee Reports: No updates from the Measure W Equity and Outreach Subcommittee (Chair Hill deferred discussion to the retreat) or the Transparency and Public Records Subcommittee (Chair Upton reported no activity).
- Commissioner Recruitment: The Commission is accepting applications through October 27, 2023, to fill one commissioner-appointed seat (currently held by Chair Micik). Staff will conduct outreach, and an ad hoc committee will review applications in October, with interviews in December.
- Disclosure and Engagement: Doran reported that 137 campaign filers met the July 31 semi-annual deadline (80% timely, 6% late, 19 non-filers). Lobbyist compliance was high (96% timely). Advice requests in 2023 totaled 106, with top topics being campaign contribution limits and post-service revolving door restrictions.
- Enforcement Program: Chief Russell reported 72 open matters, including 2 new formal complaints under preliminary review and 6 informal complaints. The caseload includes 37 cases on hold. No new litigation updates.
- Executive Director’s Report: Heidorn noted that the City Council approved the PEC-recommended salaries for the City Attorney ($306,990.63) and City Auditor ($213,137.51). The Council also directed the City Administrator to explore moving mayor’s salary setting to the PEC (to be discussed at the retreat). Staffing: a permanent investigator position is being recruited (application deadline August 14), but the temporary investigator resigned. The PEC’s mediation caseload remains at 13 open cases.
Key Outcomes
- Approved meeting minutes from July 12, 2023 (6-0).
- Approved LRA amendments (5-1) with fee waivers for 501(c)(3) nonprofits under $750,000 revenue, reduced fees for small entities, half-fee for late-year registrants, a $1,000 late-fee cap, and mandatory training. The motion to include 501(c)(4) organizations failed.
- Approved Limited Public Financing Act of 2024 (6-0), a temporary program for City Council district elections using $155,000, with a $150,000 expenditure limit, a $7,500 fundraising threshold, and a requirement to attend one debate. The voter guide pilot was removed from the resolution.
- No action taken on Measure W implementation, subcommittee reports, recruitment, disclosure, enforcement, or the executive director’s report; these were informational items.
- Next meeting: Annual retreat on August 25, 2023 (3:00 p.m. at City Hall). No regular meeting in September.
Meeting Transcript
All right. I think we're all present, and uh we can go ahead and get started. Uh, welcome everyone to the August regular meeting of the Oakland Public Ethics Commission. Uh, the commission works to promote fairness, honesty, and transparency in city government, and we've got some meaty items on the agenda tonight that will hopefully lead to a robust discussion about how to how to do that. So uh, we'll start by taking the role. Uh, Vice Chair Hill. Present. Commissioner Gage. Present. Commissioner Pertit. Present. Commissioner Steele. Uh, Commissioner Upton. Present. And I am present. And we have a quorum, and we can move forward to item number two, which is staff and commission announcements. Um, I'll start out by announcing that uh with a reminder that we are having our annual retreat later this month. Uh, we previously mentioned uh that as being scheduled on Thursday, August twenty-fourth. Um, that is actually going to be on August twenty-fifth. Uh, we shifted it a day to accommodate commissioners' schedules. So August twenty-fifth will be our retreat. It will be open to the public. Um it will be a public meeting, uh, and it's going to take place in a conference room uh here uh at City Hall, and uh that exact location will be uh published in the in the meeting announcement and the agenda. So um uh also want to announce that uh then in September we plan on taking our annual recess. Um we do not anticipate having a regular meeting scheduled uh in September. Um if something comes up uh that requires our immediate attention, uh we may call a special meeting uh just to address that issue. Uh however, it is our intention to recess for September, at least as far as the regular meetings go. Um are there any additional commissioner announcements? Are there any staff announcements? Okay, great. We'll move on to item number three, which is open forum. Uh 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 the substance of any public comment made that does not pertain to an item listed on the agenda. Um is there any public comment? Okay, great. Uh please state your name if you would like that to be recorded in the meeting minutes. And uh we have a timer that we can set. Um as soon as that gets going, uh you may start your comment. I'm gonna start uh be really brief. I'm David with Common Cause California on behalf of the BayPEC coalition. And basically, we just want to um you know, kind of show up, say hello, remind y'all that we're very much still engaged in um wanting to kind of collaborate with you all, um, wanting to do all the work that it's gonna take to make sure that democracy dollars and all of measure w implementation uh happens in you know 2024 initially, and then in 2026 when we really roll out the democracy dollars. Um we also uh yeah, want to express our support for reinstating the LPF for this first um election cycle. Uh we obviously are doing that kind of with the assumption with the hope that in 2026 we wouldn't need it because we will have democracy dollars. Um yeah, also we've heard um that there's a chance that there's gonna be uh some kind of like voter guide that matches or is similar to what uh would happen in Seattle. Um or yeah, if there is something like that, that's something that we also feel like has worked really well in Seattle. And um if we're trying to implement something like that in Oakland, we'd be very happy about that. So that's all I got for today. Thank you all so much for your work, and we look forward to continued partnership over these next couple years. Great, thank you. And uh I'd uh uh remind commenters to uh comment on if there's a specific agenda item um try to give that comment while we're discussing that agenda item, but thank you for that comment.
openpublica.com