Oakland Public Ethics Commission Meeting Summary - January 17, 2024

The Oakland Public Ethics Commission (PEC) held its first meeting of 2024 on January 17, covering a packed agenda. The meeting featured a detailed presentation from the Oakland Police Department (OPD) on public records request (PRR) challenges, a discussion on proposed legislation affecting PEC enforcement authority, budget priority setting for the mid-cycle budget, and other administrative items. Key themes included severe staffing and capacity constraints across city departments, particularly OPD and PEC enforcement.

Public Comments & Testimony

• No oral public comments were made during open forum. Written public comments were received on several agenda items and read into the record: Gail Wallace (League of Women Voters Oakland) expressed support for PEC staffing requests. Gene Hazard raised a legal challenge to item 10 (salary setting). Gerald Cheney disagreed with the dismissal of his ethics complaint.

Consent Calendar

• The commission approved the draft meeting minutes unanimously.

Discussion Items

• OPD Public Records Presentation: Deputy Director Keanu Suttle, Records Manager Nikita Williams Pierre, and Supervisor Ali Bonda presented. OPD receives over 800 PRRs per month, far more than any other city agency. It has no dedicated PRR unit; on average only two police records specialists work on PRRs (out of a budgeted 26 authorized, with only 16 filled). The department estimates needing 45 staff for the entire records division to handle workload. Currently, there are 705 open requests, of which 449 are overdue. Most urgent requests (60-70% of new requests) are for stolen vehicle, burglary, and domestic violence reports. Complex requests (e.g., voluminous email searches) account for the backlog. OPD ensures a response within 10 days via a records determination form, but full fulfillment may take months. Staff work extensive overtime; burnout is high. Commissioner Upton, Gage, Pertit, and Vice Chair Hill asked questions about staffing, technology, and potential fees. OPD noted a 20-year-old records management system and a small IT unit (one civilian, two officers). Commissioners expressed interest in advocating for OPD staffing and technology improvements.
• Proposed Public Safety Ordinance (Item 5): Enforcement Chief Simon Russell presented staff analysis of pending legislation affecting PEC enforcement authority, particularly regarding police commissioner misconduct and OPD records compliance. Staff recommended adoption of non-substantive changes and supporting workplace retaliation training for police commissioners, but suggested amendments to the “independent investigator” provision to clarify assignment criteria (subject matter jurisdiction/expertise), procedure (single hearing or PEC vote), and a fast-track option with referral back to the assigning body. After discussion, the commission voted unanimously to adopt the staff recommendation with additional amendments: specifying who assigns complaints, requiring a PEC vote for findings (version 2), and allowing the assigned investigator to request reassignment due to capacity or expertise. The commission also urged the city attorney to clarify charter compliance.
• PEC Mid-Cycle Budget Priorities (Item 6): Executive Director Nicholas Hydorn outlined budget needs: immediate request for two additional investigators to address enforcement backlog (currently 60% of cases on hold; caseload-to-staff ratio of 44:1 vs. 14:1 in comparable agencies), and one ethics analyst starting January 2025 for Democracy Dollars program logistics. The commission adopted the draft letter with minor formatting changes, directing the chair to submit it.
• Lobbyist Training Frequency (Item 7): The commission adopted a policy requiring lobbyists to retrain every two years (online) and setting a March 31 deadline for January re-registrants, to simplify administration.
• Election of Officers (Items 8-9): Chair Mitchick was re-elected chair. Commissioner Upton was elected vice chair.
• Salary Setting Process (Item 10): Staff presented the upcoming process for adjusting city council, city attorney, and city auditor salaries, noting new constraints under Measure X (CPI cap of 5% per year for council). Commissioners discussed data sources and public input; no action taken.
• Committee Reports: Vice Chair Hill reported on the Transparency Subcommittee, which hosted the OPD presentation and will refine questions for future department visits. She stepped down due to family health issues; Commissioner Gage will serve as acting chair. Chair Mitchick reported the Charter Review Subcommittee will begin meeting to propose charter amendments. The Commissioner Selection Subcommittee was disbanded after completing its work.

Key Outcomes

• Unanimous approval of meeting minutes.
• Unanimous approval of the public safety ordinance comment letter with amendments (motion by Chair Mitchick, seconded by Commissioner Upton).
• Unanimous approval of the mid-cycle budget letter with Vice Chair Hill’s formatting suggestions.
• Unanimous adoption of the lobbyist training policy.
• Election of Chair Mitchick and Vice Chair Upton.
• Vice Chair Hill stepped down from the Outreach Subcommittee; Commissioner Gage appointed acting chair.
• The Commissioner Selection Subcommittee was disbanded.

Enforcement Report

Enforcement Chief Russell reported that 2023 was challenging due to 15 months without a permanent investigator. Only 43% of formal complaints were processed; 60% of cases remain on hold. Two new staff (permanent investigator, temporary investigator) started in January 2024. The enforcement unit will bring high-impact cases to the commission in early 2024. Staff reiterated the need to make the temporary investigator permanent.

Executive Director’s Report

Director Hydorn highlighted accomplishments: hiring multiple staff, securing grant funding, developing new trainings (lobbyist, Form 700 diversion), and implementing new procedures. He acknowledged Commissioner Pertit’s departure and thanked him for his service.