Oakland Public Ethics Commission Regular Meeting – November 8, 2023

The Oakland Public Ethics Commission (PEC) held its regular November meeting on November 8, 2023, at 6:30 PM. The meeting covered a voter guide pilot, revised enforcement procedures, the 2024 meeting schedule, subcommittee reports, disclosure updates, and an enforcement caseload overview. All six commissioners were present, and staff reported on recruitment and legislative progress.

Public Comments & Testimony

• Voter Guide Discussion (Item 8):
  • Gail Wallace, President of the League of Women Voters of Oakland, expressed the League’s interest in partnering with the PEC on voter guides, highlighting their Easy Voter Guide produced in three languages with candidate priorities and ballot measure pros/cons. She offered to share experience on expenses and distribution.
  • Louise Anderson, League member, described using the printed Easy Voter Guide with incarcerated youth at the Alameda County Juvenile Justice Center, noting its value where internet access is limited.
  • Deborah Scheffler, League member, detailed the League’s guide distribution to over 100 community organizations, challenges of condensed timelines, and the need for broader distribution. She suggested leveraging the PEC’s government-supported distribution to reach more voters.
• Future Business (End of Meeting): A member of the public expressed concern about the October 2023 meeting cancellation due to lack of quorum, and recounted his motivation for applying to the commission based on a news article about Democracy Dollars. The chair apologized and explained the cancellation.

Discussion Items

• Voter Guide Pilot (Item 8):
  • Executive Director Nicholas Hydorn presented a proposal to create a PEC voter guide for 2024, modeled on Seattle’s candidate introductions, to coincide with the early release of Democracy Dollars vouchers. The guide would include candidate photos, 200-word statements, and a note on Democracy Dollars eligibility. Staff recommended a structured, comparative format (like the League’s Voters Edge) over traditional block text.
  • Sharon Stone (League of Women Voters of California) presented Voters Edge, an online guide covering 37 counties, with 84% candidate participation in Alameda County. She noted challenges in candidate recruitment and the guide’s reliance on volunteers.
  • Commissioners discussed inclusion of photos (potential bias), candidate priorities, endorsements, and methods to measure reach. Commissioner Hill suggested low-cost testing (e.g., split mailings with different links). Commissioner Steele raised concerns about excluding non-Democracy Dollars candidates. The discussion also touched on the timeline: a pilot paper guide expected in October 2024, with a final guide ready for 2026.
• Revised Streamline and Diversion Procedures (Item 5):
  • Enforcement Chief Simon Russell proposed expanding the list of violations eligible for streamlined resolution (e.g., minor misuse of city resources, small campaign contribution violations), clarifying eligibility criteria, authorizing the Executive Director to approve streamline settlements without a commission vote (except for elected officials, chiefs of staff, department directors, and campaigns over $50,000), and explicitly allowing diversion (training) for streamlined cases.
  • Commissioners debated the delegation of authority to the Executive Director. Commissioner Pertit opposed, arguing it is the commission’s responsibility to adjudicate all enforcement matters and that commissioners would lose insight into minor cases. Commissioner Upton and Commissioner Hill supported the change for efficiency, especially given staffing constraints. Commissioner Gage suggested adding a sunset clause or a report-back requirement. After a motion and withdrawal, a final motion passed (5-0) to adopt the four prongs with a report due by August 31, 2024, on the program’s progress.
• 2024 Meeting Schedule (Item 6):
  • Executive Director Hydorn recommended Wednesdays at 6:30 PM with eight meetings per year (bimonthly) instead of 12, to allow staff more time for research and policy work. The proposed calendar included a January 24 start (to avoid Christmas-New Year prep) but commissioners preferred January 17 to retain the current roster before term expirations. The motion passed unanimously.
• Subcommittee Reports (Item 7):
  • Transparency and Public Records Subcommittee (Commissioner Upton): Reported on an October 23 meeting, finalizing questions for the Oakland Police Department regarding public records. The subcommittee will invite OPD to the January 17 meeting.
  • Public Outreach, Enforcement Resources, and Campaign Finance Subcommittee (Commissioner Hill): Discussed recruitment results (17 applicants, diverse pool), plans for a commissioner op-ed in January 2024 urging enforcement resources, and development of a PEC outreach calendar.
• Disclosure and Engagement Report (Item 9):
  • Program Manager Suzanne Duran reported on the pilot for independent expenditure disclosure in the special election. Four PACs submitted 15 supplemental reports; the online form worked, but a more automated solution is needed for 2024. She also addressed a candidate using the wrong campaign committee ID, noting that staff proactively contacted the candidate and that the data was still searchable in the official database.
• Enforcement Program Update (Item 10):
  • Enforcement Chief Russell presented a new breakdown of the 70+ open cases by violation type, including 8 bribery cases, 5 conflicts of interest, 29 cases of alleged misuse of official position, 11 contractor campaign contribution cases, and 5 whistleblower retaliation cases. Many cases are on hold due to staffing. Commissioners suggested reordering the table to highlight total cases per violation type.
• Executive Director’s Report (Item 10 continued):
  • Hydorn reported that recruitment for commissioner vacancies yielded 17 applicants (up from 8-9 in prior years). The city council approved the Limited Public Financing Act of 2024 and the Lobbyist Registration Act amendments. Staffing: two to three vacancies are expected to be filled soon. He commended staff for their work under strain.

Key Outcomes

• Voter Guide: The commission will continue developing a pilot voter guide for 2024, with a mock guide and draft guidelines expected in December 2023 or January 2024. Staff will conduct user testing at libraries.
• Streamline and Diversion Procedures (Item 5): Approved with four prongs (expanded violations, clear eligibility criteria, ED authority to approve streamline settlements with exceptions for elected officials and major campaigns, and explicit diversion authorization). Staff must report program progress by August 31, 2024.
• 2024 Meeting Schedule (Item 6): Approved: Wednesdays at 6:30 PM, eight meetings per year, with the January meeting moved to January 17, 2024.
• Enforcement: The commission received the new caseload breakdown and will see future reports with improved formatting.
• Subcommittee Work: The Transparency Subcommittee will invite OPD to the January 17 meeting; the Outreach Subcommittee will develop a commissioner op-ed and an outreach calendar.