Oakland Public Ethics Commission Regular Meeting - January 29, 2025

The meeting was called to order at 6:34 p.m. by Chair Ryan Micik. The Commission discussed 2024 accomplishments, enforcement challenges, budget priorities, and approved several administrative adjustments. Vice Chair Francis Upton IV was elected Chair and Commissioner Tanya Bayeva elected Vice Chair for 2025.

Consent Calendar

• Approval of December 11, 2024, meeting minutes was deferred due to a voting record error; staff will correct and bring back.

Public Comments & Testimony

• David Shore (California Common Cause) expressed strong support for the Commission’s work, highlighted the BayPEC coalition’s continued commitment to Democracy Dollars, and endorsed exploring a dedicated revenue ballot measure for PEC funding.
• Gail Wallace (League of Women Voters of Oakland) affirmed the League’s long-standing collaboration with the PEC, stressed that enforcement and Democracy Dollars are intertwined anti-corruption measures, and urged the Commission to pursue alternative funding mechanisms given the city’s fiscal crisis.

Discussion Items

• Disclosure and Engagement Report (Item 5): Lead Analyst Alex Van Buskirk reported that for the April 15, 2025 special election, there are 10 qualified candidates for Mayor and 6 for City Council District 2. The PEC finalized a special filing schedule with the FPPC. In 2024, the PEC processed over 1,000 campaign filings covering nearly $5.2 million in contributions through mid-October. Lobbyist compliance: 64 lobbyists registered, reporting 533 contacts. Staff also conducted ethics training for over 400 new city employees and nearly 90 supervisor-level employees.
• Enforcement Program Report (Item 6): Executive Director Nicolas Heidorn reviewed 2024 enforcement: the Commission approved $441,658 in penalties across seven cases (the highest in PEC history). New Enforcement Chief Tovah Ackerman was introduced. The unit received 24 formal complaints (12 dismissed, 9 in intake) and 62 informal complaints (47 rejected). The complaint backlog remains high with 141 open matters, largely due to understaffing (one investigator for 100 non-Form 700 cases). Staff estimate needing three investigators and one staff attorney to address the load.
• Executive Director’s Report (Item 7): Heidorn highlighted 2024 successes: managing the 2024 election, passing Measure OO (73% voter approval), reinstating the Limited Public Financing Program, and significant enforcement actions. Staffing challenges and Measure W funding uncertainties were emphasized. The City faces an estimated $120 million annual structural deficit, and the PEC’s budget priorities are: (1) maintaining existing staffing, (2) adding one investigator (or more), (3) restoring Democracy Dollars startup funding for a 2028 pilot, and (4) ensuring continued public financing if Democracy Dollars is postponed. Commissioners discussed the need to request additional enforcement staff and explore revenue options.
• Appointment to Mayor-Appointed Vacancy (Item 9): The only finalist, Daniel Adler, withdrew for personal reasons; another candidate did not meet the civic organization qualification. The Commission agreed to first ask the interim Mayor’s office if it intends to appoint. If not, staff will do a light-touch recruitment and forward candidates to the Mayor. No Commission appointment will be pursued at this time.
• Biennial Adjustment of Campaign Finance Limits (Item 10): Based on a 6.5% CPI increase, staff recommended raising the individual contribution limit from $600 to $650 and the broad-based political committee limit from $1,200 to $1,300. Voluntary spending limits and maximum Democracy Dollars proceeds were also adjusted (e.g., Mayor’s spending limit from $500,000 to $532,500; Mayor’s Democracy Dollars max from $333,333 to $355,000). Unanimously approved.
• Adjustment of PEC Meeting Notice Period (Item 11): Staff proposed reducing the 10-day (effectively 12-day) posting requirement to 7 days, citing administrative burden and modern digital notification. The change will be included in a future omnibus cleanup proposal to the City Council. Unanimously endorsed.
• Amendment to Penalty Guidelines for Form 700 (Item 12): Staff recommended switching from a contact-based penalty to a time-based one for Form 700 non-filers (1–60 days late: diversion; 61–120 days: $200; 121–180 days: $400). Maximum streamline penalty reduced from $800 to $400. The change aims to simplify enforcement for the large volume of filers. Unanimously approved.
• Commissioner Appointment Process (Item 13): Vice Chair Upton presented a proposal to streamline vacancy appointments by maintaining a list of vetted applicants and using a ranked-choice oral voting procedure to select candidates. The proposal will be developed into formal operating procedure amendments.
• Subcommittees and Commissioner Assignments (Item 14): Chair Micik presented the termination statement of the Charter Review Subcommittee, noting its success with Measure OO and memorializing unenacted reforms. Two new subcommittees were created: (1) Democracy Dollars Community Engagement Plan (Commissioners Tilak, Bayeva, Gage; Chair: Tilak) to review the engagement plan; (2) PEC Revenue Options (Commissioners Upton, Micik, Gage; Chair: Upton) to develop potential revenue measures for PEC funding, with a target of presenting options by the March meeting.

Key Outcomes

• Election of Officers (Item 8): Commissioner Francis Upton IV was elected Chair (unanimous) and Commissioner Tanya Bayeva was elected Vice Chair (unanimous) for 2025. Outgoing Chair Ryan Micik was thanked for his two years of service.
• Campaign finance limit adjustments approved effective immediately.
• Meeting notice period reduction endorsed (proposed to City Council via cleanup bill).
• Form 700 penalty guidelines amended to time-based, lower fines, effective 60 days after adoption (unless City Council vetoes).
• Revenue Options Subcommittee created to explore ballot measures or other funding sources for Democracy Dollars and enforcement.
• Democracy Dollars Engagement Plan Subcommittee created to guide outreach planning.
• Commissioner vacancy: Staff directed to contact Mayor’s office; if no interest, staff will recruit candidates for Mayor’s consideration.