Public Ethics Commission Special Meeting – November 19, 2025

The Public Ethics Commission held a special meeting on November 19, 2025, addressing administrative matters, a case closure plan, enforcement progress, and subcommittee reports. The meeting included public comments, discussion of proposed rule changes, and unanimous votes on minutes, the 2026 meeting schedule, and case closures.

Public Comments & Testimony

• Ralph Cannes criticized the meeting's special designation (only three days' notice) and argued it should have been a regular meeting with ten days' notice. He also claimed city council special meetings in September and November violated the city charter and Brown Act by having multi-item agendas, and urged the commission to investigate.
• Ralph Cannes also questioned whether six meetings per year are sufficient for the commission's workload, called for better handling of aged complaints, and noted that ad hoc subcommittees may violate the Brown Act. He suggested consulting the city clerk about Zoom meeting procedures.
• Mr. Hazard repeatedly accused the commission of ignoring material facts, violating the Sunshine Ordinance, and being a "kangaroo court." He cited specific complaints (Oakland Promise not being a nonprofit, Measure A transaction-and-use tax misrepresentation) and demanded the commission enforce city charter Section 208. He also criticized the commission for not allowing dialogue during public comment and for being dismissive.
• Brenda Harbin Forte submitted a written comment (not read aloud) regarding the Jim Chanin case, raising a potential Form 700 violation and questioning the closure.

Discussion Items

• Approval of Minutes (September 17, 2025): Commissioners noted a correction (Commissioner Misik instead of "still" in item 11D). Minutes approved unanimously.
• 2026 Regular Meeting Schedule: Staff proposed six meetings (third Wednesday every other month) and noted plans to implement remote public comment via Zoom. City Attorney Oliver explained the Brown Act's alternative teleconferencing rules: if invoked, remote public comment must be enabled at all meetings, and a quorum of members must be physically present. After discussion, the commission voted to adopt the schedule without the remote participation provision (removed from motion). Motion passed unanimously.
• Proposed Amendments to Conflict of Interest Code: Presented by Director Duran. City charter requires the commission review before council passage. No motion to comment was made; the item was passed without action. Later, the commission reopened public comment for this item after realizing the omission. No further action.
• 2025 Case Closure Plan: Enforcement staff presented 10 cases for commission vote, including a 9-year-old complaint against Desley Brooks (alleged kickbacks from a farmers market). Staff recommended closure due to age, lack of evidence, and respondent's attempt to cure the conflict. Another case (Jim Chanin) was discussed: complainant alleged personnel issues and retaliation, but staff determined it was outside PEC jurisdiction (no private gain). Commissioner questions touched on time sensitivity, referral practices, and Form 700 issues. The commission voted unanimously to accept staff recommendations for closure.
• Enforcement Program Report: Staff reported open matters reduced from 152 to 135, and announced hiring of a full-time investigator and part-time law clerk. Discussion included how similar complaints are handled, the policy on referrals, and the possibility of a written policy for referring out-of-jurisdiction complaints.
• Executive Director Report: Staff presented a revised programs and priorities chart for feedback. Commissioners asked about scheduling a retreat; staff suggested late spring/early summer 2026.
• Subcommittee Reports:
  • Revenue Options Ad Hoc: Completed work, recommended not pursuing a ballot measure at this time but keeping the issue alive. Discussion focused on the challenges of a parcel tax and the need for alternative funding.
  • Democracy Dollars Engagement Ad Hoc: Finalizing review of a Local Policy Lab outreach plan; still active.
  • Commissioner Recruitment and Selection: Advanced five of eight applicants to full commission interviews.
• Future Meeting Business: Commissioners requested staff to clarify whether the remote participation rule can be revisited once invoked, and to research the city council's single-subject rule for special meetings (later withdrawn after city attorney said Charter Section 208 is not in PEC jurisdiction). Also requested information on the records retention policy change and whether it required PEC review.

Key Outcomes

• Approval of September 17, 2025 minutes – unanimous.
• Adoption of 2026 regular meeting schedule (without remote participation provision) – unanimous.
• Approval of 2025 case closure plan (10 cases) – unanimous.
• No action on conflict of interest code amendments (no motion to comment).
• Enforcement report accepted; staff to bring back information on remote participation rule and records retention policy.