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Record of Proceedings

Oakland Public Ethics Commission Meeting: October 25, 2023 - Mayor's Salary and Other Business

Public Ethics CommissionWednesday, October 25, 2023
BodyOakland, California
SessionPublic Ethics Commission
DateWednesday, October 25, 2023
StatusFILED
Video Record

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Transcript — Verbatim
4:56

All right, we're gonna go ahead and get started.

5:00

Welcome everyone to this special meeting of the Oakland Public Ethics Commission for October 25th, 2023.

5:09

This meeting is being held because our regular meeting two weeks ago had to be canceled due to a lack of quorum, unfortunately.

5:18

So apologies to uh all who came to that meeting or took time out of your schedule.

5:23

Um, but we're going to be tonight handling a number of items from the agenda from that meeting.

5:30

And uh thank you for taking time to come out this evening.

5:34

Um as a reminder who may to all who may be viewing or attending tonight, the commission works to promote fairness, openness, and integrity in city government.

5:46

And we have a lot of substantive and I think exciting items that we're gonna be discussing tonight that are gonna help us uh move forward with that mission and with our programs.

5:58

So uh let's get to it.

6:00

I'll start by taking the roll.

6:01

Vice Chair Hill.

6:03

Present.

6:03

Commissioner Gage.

6:05

Present.

6:06

Commissioner Pertit.

6:08

Commissioner Pertit is absent.

6:10

Commissioner Steele?

6:11

Present.

6:12

Commissioner Upton.

6:14

Here.

6:15

And I am present.

6:17

I'm Ryan Mitchick, and we have a quorum.

6:21

So um I'd also like to acknowledge that we have several PEC and Oakland City staff with us here tonight.

6:29

Um we have our executive director, Nicholas Hydorn.

6:31

Uh we have Suzanne Duran, our lead analyst and now our acting democracy dollars program manager.

6:40

Um we have our uh uh commission assistant Chris Gonzalez, and uh we normally have uh deputy city attorney Trisha Shafey, uh, but uh instead tonight we have uh Farah Hussein, uh the assistant city attorney uh filling in tonight.

6:58

So thank you to all attending.

7:01

And uh I also want to mention uh we have also our new city administrator, uh Justin Johnson, who's going to be attending uh tonight and uh perhaps chiming in on uh one of our agenda items.

7:15

So um we'll move on to item number two, which is staff and commission announcements.

7:21

And uh as I just mentioned, City Administrator Johnson is here, so uh he's here specifically to speak about our discussion about the mayor's salary, uh which is item number 10 on the agenda tonight.

7:33

So what we're gonna do is we're gonna move that item up so that uh agenda item number 10 occurs right after open forum.

7:42

So we're gonna move from open forum, which is agenda item number three directly to number 10, uh, so that uh Mr.

7:51

Johnson can take part in that conversation uh as we discuss that since it does pertain to him and to his office.

7:58

And then we'll just go on with the regular agenda as it's presently situated from there, uh, starting with item number four.

8:06

So uh is that clear?

8:09

Okay, great.

8:10

Uh any staff announcements.

8:14

All right, any additional commissioner announcements.

8:20

All right.

8:20

Um I'll just mention uh one additional announcement that I was able to attend, and I know a couple of other commissioners attended the Art and Soul Festival in Oakland as one of our outreach events.

8:33

I saw uh Commissioner Upton and Commissioner Steele there uh as well as um uh some of our staff there.

8:41

Jelani was there.

8:43

Um it was a wonderful event and a lot of interest in the commission.

8:49

Um so appreciate everyone who took part in that.

8:53

All right, we'll move on to item number three, which is open forum.

8:58

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

9:08

Umrdnance, the commission cannot discuss the substance of any public comment that does not pertain to an item listed on the agenda.

9:16

Uh is there any public comment?

9:21

All right, seeing none, we'll move on.

9:24

As I mentioned, we're gonna be moving directly to item number 10 on the agenda tonight, which is our discussion of setting the mayor's salary.

9:36

So we're gonna be discussing whether the responsibility of setting the mayor's salary should be transferred from the city council to the commission, and if so, what factors the commission should follow or consider in setting the mayor's salary?

9:48

Uh executive director Hydorn uh composed an excellent memo, kind of setting the table for this discussion.

10:00

Do you want to come up and kind of verbally tee us off and uh just summarize uh uh what you wrote and uh deliver a preamble for our discussion?

10:09

Thank you, uh Chair Meichuk, and good evening, Commissioners.

10:13

So, yes, at the July uh City Council meeting, the City Council passed a motion directing the city administrator to come back with a proposal to transfer the responsibility for setting the mayor's salary to the public ethics commission.

10:26

At our August retreat, uh this commission discussed wanting to have us as a body meet and discuss what we thought of that proposal.

10:34

And if we did think it was a good idea for the city for the public ethics commission to set the mayor's salary, how we might want to recommend to the city administrator that that be done.

10:43

So the purpose of this discussion is to uh start that and get guidance from the commission to staff.

10:49

Uh as we discuss this, and hopefully the commission has uh a consensus or a majority view of where we want to go, I will take that feedback and intend to come back with a proposal in December for us to vote on, and we would then provide that recommendation to the city administrator's office.

11:04

Uh by way of background, currently the public ethics commission sets the salary of all of the city's elected officials except for the mayor.

Discussion Breakdown — Share of Meeting
Public Engagement████████████████████████████████32%
Ethics and Campaign Finance████████████████████████24%
Public Ethics███████████11%
Personnel Matters████████8%
Public Records Management███████7%
Procedural█████5%
Commissioner Appointment Process█████5%
Enforcement Program Report█████5%
Public Records1%
Summary of Proceedings

Oakland Public Ethics Commission Meeting: October 25, 2023

The Oakland Public Ethics Commission held a special meeting on October 25, 2023, due to a lack of quorum at the previously scheduled regular meeting. The commission discussed and took action on several items, including a significant discussion on whether to assume responsibility for setting the mayor's salary, approval of late filing fee waiver guidelines, and pursuit of grant funding for the Democracy Dollars program. The meeting included attendance by City Administrator Justin Johnson.

Public Comments & Testimony

  • No public comments were made during open forum or on specific agenda items.

Discussion Items

  • Mayor's Salary (Item 10): The commission discussed a proposal to transfer responsibility for setting the mayor's salary from the city council to the PEC. Executive Director Nicholas Hydorn presented a memo outlining options ranging from automated processes (e.g., CPI indexing, pegging to superior court judge salary) to approaches with greater discretion (similar to city attorney/auditor). City Administrator Justin Johnson attended and expressed support for the commission's work. Commissioners generally favored the PEC taking on the role and leaned toward a more automated process with limited discretion to minimize politicization. Options discussed included indexing to CPI, using the current formula (70-90% of average of six nearest city manager salaries) but pegging at 80%, or a hybrid approach with periodic review. No formal vote was taken; staff will bring back a menu of options in December for a vote.
  • Late Filing Fee Waiver Guidelines (Item 5): The commission adopted guidelines for waiving $10 per day late fees for campaign finance and lobbying reports. The guidelines include a presumption of good cause for first-time late filers (1-7 days) and strict criteria for subsequent waivers (e.g., hospitalization, stolen documents). The motion passed unanimously.
  • Grant Funding for Democracy Dollars (Item 6): The commission approved submitting an application to the Evelyn and Walter Haas Junior Fund for funding to hire an outreach specialist (likely a city employee) and possibly a graduate student for the Democracy Dollars program, which is set to launch in 2026. The motion passed unanimously.
  • Amendment to Limited Public Financing Act (Item 7): The commission approved a resolution to remove the $155,000 cap on the 2024 Limited Public Financing Act, allowing the use of potential carry-forward funds (up to $50,000) from the 2022 cycle. The motion passed 5-0, meeting the two-thirds requirement.
  • Subcommittee Reports (Item 8):
    • Transparency and Public Records Subcommittee (Commissioner Upton): Reported plans to conduct interviews with police, fire, and planning departments in 2024, developing standard and customized questions, and pursuing a Goldman grant.
    • Public Outreach, Recruitment, Enforcement, Ethics Complaints, and Campaign Finance Subcommittee (Vice Chair Hill): Reported on recruitment videos, social media outreach, and plans to focus on enforcement resources in future meetings.
    • A new Commissioner Recruitment Subcommittee was formed, consisting of Chair Mitchick, Commissioner Upton, and Commissioner Pertit (if available, otherwise Vice Chair Hill), to review applications and conduct interviews.
  • Commissioner Recruitment Update (Item 9): The commission received an update that 13 applications had been received (with two days remaining), a 50% increase over previous cycles, attributed to enhanced outreach efforts including 14 meetings, ads in three publications, and an article in Oaklandside.
  • Disclosure and Engagement Report (Item 11): Acting Democracy Dollars Program Manager Suzanne Duran reported on the upcoming special election, new independent expenditure disclosure requirements under Measure W, and troubleshooting efforts. She noted that the system is working incrementally and that filers have been able to attach political communications as required.
  • Enforcement Program Update (Item 12): Enforcement Chief Simon Russell reported that approximately three-quarters of enforcement cases are on hold due to staffing shortages, but two investigators (one permanent, one limited duration) and two part-time law clerks are being hired. He also outlined a pilot program for enforcing Form 700 filings against senior city officials (department directors, deputy directors, elected officials, certain commissioners) with a grace period until the end of October, followed by diversion training and monetary penalties. The goal is 90% compliance next year.
  • Executive Director's Report (Item 13): Nicholas Hydorn reported on staff transitions, including the departure of analyst Anna Laura Franco after seven years and the offer of a replacement. He also noted the formation of an internal equity team, attendance at a Seattle ethics conference, and ongoing staffing challenges. The commission's roadmap from the retreat was highlighted.

Key Outcomes

  • Adopted late filing fee waiver guidelines (unanimous).
  • Approved grant application to Haas Junior Fund for Democracy Dollars outreach specialist (unanimous).
  • Approved amendment to Limited Public Financing Act removing the $155,000 cap (5-0).
  • Approved minutes from August 9 and August 25 meetings (unanimous).
  • Formed Commissioner Recruitment Subcommittee (Chair Mitchick, Commissioner Upton, and Commissioner Pertit or Vice Chair Hill).
  • Staff directed to bring back a menu of options for mayor's salary process in December.
  • Enforcement program expanding Form 700 enforcement as a pilot targeting senior officials, with a goal of 90% compliance next year.

Meeting Transcript

All right, we're gonna go ahead and get started. Welcome everyone to this special meeting of the Oakland Public Ethics Commission for October 25th, 2023. This meeting is being held because our regular meeting two weeks ago had to be canceled due to a lack of quorum, unfortunately. So apologies to uh all who came to that meeting or took time out of your schedule. Um, but we're going to be tonight handling a number of items from the agenda from that meeting. And uh thank you for taking time to come out this evening. Um as a reminder who may to all who may be viewing or attending tonight, the commission works to promote fairness, openness, and integrity in city government. And we have a lot of substantive and I think exciting items that we're gonna be discussing tonight that are gonna help us uh move forward with that mission and with our programs. So uh let's get to it. I'll start by taking the roll. Vice Chair Hill. Present. Commissioner Gage. Present. Commissioner Pertit. Commissioner Pertit is absent. Commissioner Steele? Present. Commissioner Upton. Here. And I am present. I'm Ryan Mitchick, and we have a quorum. So um I'd also like to acknowledge that we have several PEC and Oakland City staff with us here tonight. Um we have our executive director, Nicholas Hydorn. Uh we have Suzanne Duran, our lead analyst and now our acting democracy dollars program manager. Um we have our uh uh commission assistant Chris Gonzalez, and uh we normally have uh deputy city attorney Trisha Shafey, uh, but uh instead tonight we have uh Farah Hussein, uh the assistant city attorney uh filling in tonight. So thank you to all attending. And uh I also want to mention uh we have also our new city administrator, uh Justin Johnson, who's going to be attending uh tonight and uh perhaps chiming in on uh one of our agenda items. So um we'll move on to item number two, which is staff and commission announcements. And uh as I just mentioned, City Administrator Johnson is here, so uh he's here specifically to speak about our discussion about the mayor's salary, uh which is item number 10 on the agenda tonight. So what we're gonna do is we're gonna move that item up so that uh agenda item number 10 occurs right after open forum. So we're gonna move from open forum, which is agenda item number three directly to number 10, uh, so that uh Mr. Johnson can take part in that conversation uh as we discuss that since it does pertain to him and to his office. And then we'll just go on with the regular agenda as it's presently situated from there, uh, starting with item number four. So uh is that clear? Okay, great. Uh any staff announcements. All right, any additional commissioner announcements. All right. Um I'll just mention uh one additional announcement that I was able to attend, and I know a couple of other commissioners attended the Art and Soul Festival in Oakland as one of our outreach events. I saw uh Commissioner Upton and Commissioner Steele there uh as well as um uh some of our staff there. Jelani was there. Um it was a wonderful event and a lot of interest in the commission. Um so appreciate everyone who took part in that. All right, we'll move on to item number three, which is open forum. Open forum is a time for members of the public to comment on any matter within the jurisdiction of the PEC that is not otherwise included on tonight's agenda. Umrdnance, the commission cannot discuss the substance of any public comment that does not pertain to an item listed on the agenda. Uh is there any public comment? All right, seeing none, we'll move on. As I mentioned, we're gonna be moving directly to item number 10 on the agenda tonight, which is our discussion of setting the mayor's salary.

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