Oakland Public Ethics Commission Regular Meeting - October 9, 2024

The Oakland Public Ethics Commission (PEC) held its regular meeting on Wednesday, October 9, 2024, at 6:30 p.m. in Hearing Room 1 of City Hall. The meeting covered a presentation by the Planning and Building Department on public records response, the selection of a new commissioner, a discussion on Democracy Dollars pilot options, and updates on enforcement, disclosure, and other commission activities. Commissioners also addressed public comments, approved minutes, and planned for future work.

Public Comments & Testimony

• Gene Hazzard criticized the commission for failing to investigate the legal status of the Oakland Promise initiative, stating he has raised the issue since 2019 and the PEC has remained silent. He also questioned the commission's handling of Measure W (Democracy Dollars) and Measure O.
• Ralph Kanz complained about inconsistent responses to written comments and the lack of follow-up on a records retention policy change approved by the city council without commission review. He also argued that a dismissal of a complaint about a special meeting violated the Sunshine Ordinance.
• Scott Law (during open forum) suggested the commission schedule a future agenda item to discuss the standard for candidate-controlled committees, citing a recent case and offering to forward an FPPC letter on the topic.

Discussion Items

Planning and Building Department Records Presentation

• Assistant Director Albert Merid and Acting Administrative Analyst II Jonathan Arnold presented on the department's public records request process. Key statistics: 2,712 requests in 2021, 2,352 in 2022, 2,265 in 2023, and 2,044 as of October 9, 2024. The department has 9 staff positions (3 currently vacant). Average initial response time is 1.8 days; average completion time is 14 days (84% completed within 20 days, 93% within 30 days). All requests receive a 10-day determination response.
• Challenges include delays in obtaining email records through the city's EDDR portal (up to a month), the need for redactions (code enforcement, copyright-protected building plans), and the dependency on off-site storage for paper records.
• The department uses NextRequest for tracking and Adobe Pro for redactions. They do not categorize requests by type for reporting. Staff training includes bi-weekly meetings and shadowing. They are working with the city clerk's office on citywide digitization efforts.
• Commissioners asked about the large fee (over $6,000) for a 3R report (residential record report), which was based on a fee study. The department noted that the fee reflects the work involved and that a lower-cost option for basic permit information is being considered.
• A mediation case (PEC #2024-01) involving the department was discussed; the department committed to follow up on the case number to improve future responsiveness.

Selection of New PEC Commissioner

• Two finalists, Tanya Bayeva and Daniel Adler, each gave a 4-minute introduction answering preset questions and then responded to commissioner questions.
• Tanya Bayeva: Corporate and impact investment attorney with 15+ years of experience; stressed compliance frameworks, internal investigations, and community outreach. She proposed tracking educational methods against compliance rates and exploring AI for complaint intake.
• Daniel Adler: Deputy Director for Climate Finance at the state Infrastructure and Economic Development Bank; background in public policy, philanthropy, and nonprofit leadership. He emphasized public trust, transparency, and potential for city-facilitated candidate forums and mailers.
• Commissioners praised both candidates. By a 4-0 vote (Commissioner Steele absent), the commission selected Tanya Bayeva to fill both the partial term (through January 21, 2025) and the subsequent full three-year term (starting January 22, 2025). The appointment is effective upon swearing-in.

Democracy Dollars Implementation (Pilot Options)

• Program Manager Suzanne Doran presented a staff memo outlining eight possible modifications for a scaled-down pilot in 2026 if full funding is not available. Two main options were detailed: a mayoral-only pilot (less cost-effective) and a council district-only pilot (focusing on Districts 2, 4, and 6), which could reduce the Democracy Dollars Fund by over 75%.
• Commissioners expressed general consensus around the council district-only approach, but raised concerns about the tipping point where a pilot becomes ineffective (e.g., too few districts, too low voucher value). They emphasized the need for candidate input and a clear strategy for scaling up.
• Staff noted that the commission would need a 5-vote majority to make program changes and that long-term funding options would be presented in December. Public comments on this item criticized Measure O and questioned the program's financial sustainability.

Disclosure and Engagement Update

• Lead Analyst Alex Van Buskirk reported that the NetFile API issue affecting the Open Data portal has been resolved. The first pre-election filing deadline was September 26; staff is screening for late contributions and independent expenditures. So far in September, $57,176 in independent expenditure spending has been reported in three City Council races.
• Commissioners asked about tracking of new independent expenditure disclosures (Form 305) and authorization statements. Staff saves materials internally and follows up on missing filings. The online tool Open Disclosure Oakland is updated daily.

Enforcement Program Update

• Enforcement Chief Simon Russell reported that two formal and five informal complaints were received since the last update; one case was dismissed. The total open caseload is 140. He noted the dismissal of Case #19-23 (regarding a nonprofit's legal status) due to lack of jurisdiction under the Corporations Code.
• Commissioners thanked Chief Russell for his eight years of service and emphasized the need for adequate staffing. Chief Russell stated that a minimum of four enforcement staff are needed, while currently only two positions exist (one will be vacant after his departure on October 25).
• Public comments again raised the jurisdictional issue and requested a written citation of the statute.

Executive Director's Report

• Executive Director Nicolas Heidorn reported on the transition following Chief Russell's resignation. The Enforcement Chief recruitment posting opened October 2 and closes October 21. Staff is requesting additional resources (contractor funding, city attorney assistance) during the transition.
• He updated on the Ramachandran/Jenkins contribution limit proposal: the amended ordinance (raising limits to $800 general, $1,500 broad-based, with expenditure limits required for 2026) passed first reading on October 1 but second reading was delayed due to lack of quorum on October 7; it will return October 15.
• The Limited Public Financing Program (LPF): 7 of 13 candidates who opted in qualified for Phase 2. Available funding per candidate increased to $22,142 (from ~$11,000). Staff is processing reimbursement claims.
• Public comment reiterated concerns about the city's records retention policy not being reviewed by the commission.

Subcommittees and Commissioner Assignments

• Chair Micik noted the Charter Review and Commissioner Recruitment subcommittees have completed their work. He will hold off on forming a new Democracy Dollars Outreach subcommittee until the next meeting when more commissioners are present.
• Vice Chair Upton suggested that the transparency work (department presentations) may warrant a new subcommittee for next steps.

Key Outcomes

• Approved minutes of the September 16, 2024 Special Meeting (approved 4-0; Commissioner Steele absent) and the July 10, 2024 Regular Meeting (approved unanimously).
• Appointed Tanya Bayeva as new commissioner for both the partial term (through January 21, 2025) and the full term (through January 21, 2028) by a 4-0 vote.
• Directed staff to pursue a council district-only Democracy Dollars pilot as the preferred option for 2026, with further analysis on candidate input and cost thresholds.
• Noted enforcement staffing transition: recruitment underway, with interim responsibilities assumed by the Executive Director and support from the City Attorney's Office for an upcoming administrative hearing.
• Set future agenda items: discussion on streamlining commissioner recruitment, potential engagement on candidate-controlled committee guidance, and a presentation from the Information Technology Department on public records systems.