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.