Oakland Public Ethics Commission Regular Meeting - July 15, 2026

The Oakland Public Ethics Commission held a regular hybrid meeting on July 15, 2026, starting at 6:35 PM, chaired by Commissioner Francis Upton. The meeting included a presentation from the City Auditor on an ethical climate survey, consideration of a case closure plan, an overview of the limited public financing program, and updates from staff and subcommittees. Public comment was heard throughout, primarily from one speaker who criticized the commission and its enforcement practices.

Public Comments & Testimony

• Gene Hazard spoke multiple times during open forum and on several agenda items. He expressed strong dissatisfaction with the commission's handling of his complaints, alleging a lack of honesty and integrity. He claimed that the enforcement chief improperly dismissed his complaints regarding ballot measures, tree ordinances, and charter violations without legal basis, and that the commission went along with it. He also criticized the repetitive unmeritorious complainant process as arbitrary and an attempt to silence the public. He cited specific statutes (e.g., Oakland City Charter Section 212, Brown Act § 54954.3) and stated he would continue to file complaints and pursue appeals.

Discussion Items

• Approval of Minutes: The commission approved the minutes from the May 2026 meeting by a vote of 4-0 (Commissioners Apfeld, Fisher, Talak, and Chair Upton in favor; Commissioners Brandon, Mitchick, and Baeva absent).
• City Auditor Presentation on Ethical Climate Survey: City Auditor Michael Houston and Senior Performance Auditor Mark Carnes presented findings from a survey of 555 city employees conducted in late 2025/early 2026. The survey measured perceptions of ethical environments for employees, management, and elected officials, using a scoring system from the Institute for Local Government. Overall score was 222 out of 300 (medium). Employees scored 78 (high), management 77 (high), and elected officials 67 (medium). 34% of responses in the elected officials section were “don’t know.” Open-ended comments (178 responses) highlighted themes of transparency, accountability, and council conduct. Discussion covered methodology changes (treatment of “don’t know” responses), comparability with prior surveys, and potential use by the commission to inform transparency work. The auditor reported that the report was distributed citywide and briefings were offered to department heads and council members. No formal action was taken.
• Case Closure Plan: Enforcement Chief Tova Ackerman presented a memo recommending closure with no action on three cases. The commission discussed each:
  • Matter of David Silver: Allegations of incompatible public offices and improper contracting. The first allegation was dismissed because both roles were not public offices; the second was dismissed due to being 9–11 years old and offering limited remedial value.
  • Police Commission: Allegation of a closed-session discussion about a personnel matter that should have been public. Enforcement Chief cited difficulty proving a four-year-old incident (eyewitness accounts from two attendees stated the topic was not discussed) and limited enforcement authority under the Sunshine Ordinance.
  • A third case (not explicitly named but referenced in the enforcement program report) was dismissed under the repetitive unmeritorious complainant process, as the complainant had filed four adverse complaints within 12 months. Commissioners questioned the rationales, particularly regarding the Police Commission case, noting that Sunshine Ordinance violations are difficult to enforce. The commission will consider improving processes for addressing such complaints quickly. After public comment, the commission voted unanimously (4-0) to adopt the enforcement chief’s recommendations.
• Limited Public Financing Overview: Ethics Analyst Jelani Killings presented an informational memo on the limited public financing program for district city council candidates (Districts 2, 4, and 6) in the upcoming election. Approximately $155,000 is available. The nomination period runs from July 13 to August 7, 2026. A special commission meeting will be held in August to determine a pro-rata distribution plan among qualifying candidates. The mayor’s race is not eligible under the current ordinance. No action was taken.
• Enforcement Program Report: Chief Ackerman reported on recent enforcement activities, including dismissals. She clarified that case 2306 was dismissed as outside the commission’s jurisdiction and that a public comment on the matter reflected a misunderstanding. The commission discussed the new repetitive unmeritorious complainant process, including how cases are reviewed by the chair. Ackerman noted that the commission will receive a future report on how staff intends to use discretion.
• Executive Director’s Report: Director Suzanne Duran updated on proposed charter amendments approved by the city council for the November 2026 ballot. The PEC’s recommendation to align salary adjustment years was not adopted, but language allowing the commission discretion to request city administration support or an outside consultant was included. The council removed a provision requiring a liaison from every department to the council. If passed, changes would take effect in 2027.
• Subcommittee Reports: The transparency ad hoc subcommittee reported that it met in May and June and is planning an informal meeting with IT staff on July 30, 2026, to discuss transparency issues. The democracy dollars subcommittee did not report.

Key Outcomes

• Approved minutes from the May 2026 meeting.
• Approved the case closure plan (3 cases closed with no action) by a vote of 4-0.
• Acknowledged the city auditor’s ethical climate survey; no formal action taken.
• Noted the upcoming special commission meeting in August 2026 to determine limited public financing disbursements.
• Received staff reports and subcommittee updates.
• Discussed potential creation of an enforcement subcommittee and scheduling a commission retreat for fall 2026.