Oakland Public Ethics Commission Special Meeting - May 23, 2024

Note: The agenda and raw transcript list the meeting date as Wednesday, May 22, 2024, but this summary follows the instruction to use the date 2024-05-23. This discrepancy is noted.

The Oakland Public Ethics Commission (PEC) held a special meeting to address several agenda items, including a city auditor salary adjustment, adoption of a debate policy for public financing programs, review of a proposed ballot measure to modernize ethics oversight, endorsement of a mayoral salary ballot measure, and comments on police commission procedural changes. The meeting included public comments and votes on each action item.

Public Comments & Testimony

• Mr. Hazard spoke against the city auditor salary adjustment, arguing that Measure X (which granted the PEC salary-setting authority) is illegal and that he is pursuing an appeal. He also opposed the PEC ballot measure and mayoral salary proposal, stating that such measures are a cover for salary increases and urged the commission not to approve any raises. He referenced a pending opening brief at the court of appeal.
• Rolf Cannes criticized the PEC subcommittee meetings as not being public, alleging a violation of the Brown Act and Sunshine Ordinance. He also raised concerns about the records retention policy and the statute of limitations for enforcement cases, and argued that the PEC should not be responsible for setting elected officials' salaries, as it is not equipped for that function.

Discussion Items

• Item 4 – Oakland City Auditor Salary Adjustment: The commission re-agendized this item from its April 10, 2024 meeting for procedural reasons. Staff recommended adjusting the City Auditor's annual salary to $226,612.19 (a 6.3% increase), effective the first pay period after July 1, 2024. The recommendation was based on criteria in City Charter Section 403(1), including comparisons with other department heads, the highest paid professional employee in the Auditor's Office, and salaries in comparable cities and Bay Area jurisdictions. The current salary was $213,137.52.
• Item 5 – Debate Policy: Staff presented a proposed policy defining what qualifies as a “public debate or forum” for candidates participating in the Limited Public Financing (LPF) or Democracy Dollars programs. The policy included requirements that events be free, open to the public, held within 120 days of election, invite all qualifying candidates, and not be structured to favor any candidate. Commissioners discussed amendments to clarify that candidates must participate live, that the executive director report any waivers granted or denied, and to adjust language regarding insufficient qualifying events. The policy also included provisions for alternative events (e.g., town halls) and optional pre-qualification of events by host organizations.
• Item 6 – PEC Ballot Measure Proposal: The commission reviewed a proposed Charter amendment and ordinance measure to strengthen the PEC’s independence, staffing, and governance. The proposal had been narrowed from an earlier package: it maintained increased enforcement staffing (two additional positions phased over three years), stronger commissioner qualifications and during-service restrictions, a transfer of vacancy-filling authority to the PEC after 120 days, and enhanced legal capacity. Items dropped included direct appointment of the executive director, proportional budget protections for Democracy Dollars, and the ability to waive salary increases for all elected officials. The resolution had been introduced and was scheduled for a May 30, 2024 Rules Committee hearing.
• Item 7 – Mayoral Salary Ballot Measure: The commission endorsed a proposed charter amendment that would transfer responsibility for setting the Mayor's salary from the City Council to the PEC, following recommendations adopted in December 2023. The proposed language included biannual adjustments based on CPI (capped at 5% over two years) and a discretionary four-year review at the start of a new mayoral term. The measure would be considered by the City Council for the November 2024 ballot.
• Item 8 – Police Commission Procedural Changes: The commission reviewed draft ordinance language responding to its January 2024 recommendations regarding investigations of alleged Police Commissioner misconduct. The revised language, prepared with the City Attorney’s Office, differed from the PEC’s earlier proposal: instead of the City Administrator selecting the investigator, the PEC would make that determination (consistent with existing Charter jurisdiction), and the PEC could hire outside counsel or investigators if it lacked capacity or expertise. The commission voted to endorse this language as consistent with its earlier recommendations.

Key Outcomes

• Item 4: Resolution No. 24-04 authorizing a salary increase for the City Auditor to $226,612.19 was approved on a 5-1 vote (Commissioner Gage dissenting).
• Item 5: The Debate Policy was adopted unanimously (6-0) with amendments to require live candidate participation, require the executive director to report waivers, and refine the waiver provision for insufficient qualifying events.
• Item 6: The commission received and endorsed the PEC ballot measure proposal (6-0). Staff will continue working with the Chair to advance the resolution through the City Council process.
• Item 7: The commission endorsed the mayoral salary ballot measure (6-0). Staff will prepare a letter of support for the City Council.
• Item 8: The commission endorsed the proposed ordinance language regarding Police Commission procedural changes on a 4-1 vote (Commissioner Tilak dissenting), finding it consistent with prior recommendations.