Oakland Public Ethics Commission Meeting - March 20, 2025
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Oakland Public Ethics Commission Meeting - March 20, 2025
The Oakland Public Ethics Commission (PEC) held a regular meeting on March 20, 2025, to address enforcement actions, Form 700 compliance, revenue options for stable funding, operational policy amendments, and the executive director's salary and leave. The meeting included public comments, deliberation on an enforcement case, and several unanimous approvals.
Public Comments & Testimony
- Gene Hazard spoke about a complaint filed against the city attorney regarding Measure A, arguing the ballot language misrepresents the tax type and violates law. He urged an urgency finding by the PEC.
- Chair Francis Upton made a personal comment about concerns with the federal government, unrelated to PEC business.
- Karen Totem (Code Compliance Relocation Program) clarified a complaint against her department, stating proper notice was given to a property owner about relocation benefits.
- Ralph Cannes criticized the commission for focusing resources on a minor bribery case while ignoring more significant violations, such as those involving former elected official Libby Shaff and the redistricting commission.
- Nika Daniels Johnson raised concerns about smart meter installations and lack of oversight, requesting assistance. The chair noted the PEC does not have jurisdiction over that issue.
Discussion Items
Approval of Meeting Minutes
The commission unanimously approved the minutes from the December 11, 2024, and January 29, 2025, meetings.
PEC Case 2328 – Enforcement Against Respondent Michael Dabney
This case involved allegations of bribery and providing false information. The commission reviewed findings from a hearing officer (Commissioner Taloc) who recommended a $1,750 penalty. After deliberation and two votes (initial motion failed 3-3), a second motion passed 5-1 to adopt the findings and impose a $1,750 penalty due within 121 days. The enforcement unit argued the bribery was serious, while public commenters urged leniency, noting the respondent's financial hardship and lack of prior violations.
Form 700 Enforcement Update and Closure Recommendations
Staff reported on compliance efforts for 2023 annual filings, requesting approval to close 19 cases with no violation, approve diversion settlements for 7 cases, and continue enforcement on 9 cases. The commission unanimously accepted the staff recommendations.
Enforcement Program Report
Chief Ackerman presented an update: 171 open cases (42 Form 700, 129 other), with a strategy to focus on both large and simple cases. The commission noted progress but requested future breakdowns by subject matter.
Revenue Options to Fund the PEC
Executive Director Nicholas Hydorn presented preliminary work on a parcel tax to fund Measure W (democracy dollars) and/or expand enforcement. The range would be $18-$34 per parcel. The subcommittee recommended polling Oaklanders to gauge priorities. Commissioners discussed exploring professional polling via foundations and considering different parcel tax structures.
Disclosure and Engagement Report
Staff reported on the April 15 special election compliance and 2024 election cycle spending. The commission thanked staff for analysis.
Amendments to PEC Operations Policies
The commission adopted several amendments, including: streamlining commissioner selection (allowing a list of pre-qualified candidates for future vacancies), updating mission statement, clarifying abstention procedures, and adjusting notice periods. A motion passed unanimously with minor technical corrections.
Executive Director Performance Evaluation and Salary (Closed Session was held; open session continued)
The commission deliberated on salary adjustment and management leave for Executive Director Nicholas Hydorn. After discussion, the commission voted 5-1 to approve a 5% salary increase (to $229,775) and unanimously awarded the maximum 10 days of management leave (5 days for overtime, 5 for superior performance).
Key Outcomes
- PEC Case 2328: Motion passed (5-1) to adopt hearing officer's findings of fact and conclusions, imposing a $1,750 penalty due within 121 days.
- Form 700 Cases: Unanimously approved staff recommendations for closure, diversion, and continued enforcement.
- Operational Policies: Adopted amendments unanimously after minor edits.
- Executive Director Compensation: Approved 5% salary increase and 10 days management leave.
- Revenue Options: Commission directed staff to explore polling and potential partnerships for a more professional survey on parcel tax options for funding the PEC.
Meeting Transcript
Welcome to the March meeting of the Oakland Public Ethics Commission. Um, what am I supposed to where's the what I say the purpose of the commission, don't I? In the script. Anyway, we're gonna do the role. Uh Commissioner Chair Upton, I'm here. Vice Chair Baieva. Here. Uh Commissioner Gage. Here. Commissioner Mitchick. Here. Commissioner Steele. Here. Commissioner Taloc. Here. Great. We have a quorum. So the first item is staff and commission announcements. Are there any staff or commissioner announcements? I have one. We were going to be uh for uh the convenience of the staff to not keep them so late. We're going to move item ten to be right after item six in the agenda this evening. Uh any other announcements. Next item is open forum. So uh for open forum, please state your name if you wish to make public comment and that to be included in the minutes. Uh, the commission urges members of the public not to make complaints or ask the commission to investigate alleged legal violations at public meetings since public disclosure of such complaints or requests may undermine any subsequent investigation undertaken. Contact staff at Ethics Commission at Oak at Oakland CA.gov for assistance in filing a complaint. Under the Sunshine Ordinance, the commission cannot discuss the substance of any public comment that does not pertain to an item listed on the agenda. K Top, is there gonna be video behind us? My name is uh Gene Hazard, and you could go to CleanOakland.com and go to my blog. I just handed out to you what I filed a complaint on March 14th, and it's related to measure A that is going to appear on the April 15th special election. I filed not only with the public ethics commission, because this is an ethical issue when the city attorney, Brian Richardson, has falsely represented, and when you go to the voter guide, falsely represented in the law box that says transaction sales and use tax. First of all, it's not a sales tax. If you go to and you have it there, uh 4.26010. In the voter guide, it says title. The ordinance shall be known as the City of Oakland transaction and use tax ordinance. It is not a sales tax, and you will also have in what I gave you the definitions of a what is a use tax. A use tax is a tax that's imposed on the usage, storage, or consumption of goods and services that were purchased without paying sales tax. What is a sales tax? A sales tax is a tax imposed on sales of goods and services. It is typically a percentages of the purchase price, and it's added to the final cost. This requires an urgency finding, in as much as we're dealing with the April 15th uh special election, where this will appear on the ballot. I also filed with the California Bar Association, because what uh city attorney Ryan Richardson has done is Malfeasance. He is purposely misleading the voter. What happened on December 17th, 2024? It was the first reading of the measure. The second reading occurred on January 2nd when the three new members who were elected to the uh city council approved the second reading. That's because in the initial reading, the sales tax, what he has incorporated into the little box. It is not, it wasn't there either in the first reading or second reading. It came afterwards.
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