OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Oakland Public Ethics Commission Regular Meeting - July 15, 2026

Public Ethics CommissionWednesday, July 15, 2026
BodyOakland, California
SessionPublic Ethics Commission
DateWednesday, July 15, 2026
StatusFILED
Video Record
0:00 / 1:44:09

Transcript — Verbatim
5:08

We're waiting for a quorum.

6:16

There it is.

6:39

You have that big huge book.

6:48

All right.

6:52

Suzanne, are we ready?

6:56

Jelani, are we ready?

6:58

Okay, great.

7:00

Uh K Top, can you start recording, please?

7:03

Welcome everyone to this regular meeting of the Oakland Public Ethics Commission.

7:07

The meeting has started at 635.

7:10

I'm Commission Chair Francis Upton.

7:12

I'll be presiding over today's meeting.

7:14

As a reminder to those in attendance, the Public Ethics Commission is an independent agency of the city of Oakland that works to promote more inclusive, representative, and accountable democracy in Oakland and to promote fairness, openness, honesty, and integrity in city government.

7:29

We'll begin with item one, taking the role.

7:31

Commissioners, please indicate if you are present as I call your name.

7:44

Present.

7:47

Present.

7:53

Present.

7:54

And uh Commissioner Mishuk is not present, and I am present.

7:58

So we do have a quorum just barely.

8:02

Next is uh and we have uh the following staff present.

8:06

Executive director, Suzanne Duran, enforcement chief Tova Ackerman, ethics analyst Shalani Killings, and Ethics Honest uh Wada Shawrari.

8:14

And our pollen parliamentarian for the meeting is Deputy City Attorney Oliver Luby.

8:20

Are there any staff and commission announcements?

8:27

Good evening.

8:28

Um thank you for director Suzanne Dorren.

8:30

I did just want to um welcome one of our newest staff members who's gonna be starting next week.

8:36

Um Dylan Bazerty, who's joining us as an investigator.

8:41

We're very excited about that.

8:42

And I'll just acknowledge a few of the other staff who happen to be here.

8:45

We've got uh one of our our new analysts uh Neil Thorsen, we have Ben Marr, uh our other investigator, and uh Katherine Stein, who's joined us as our management intern.

8:57

So great.

8:58

Welcome.

9:00

We we always like it when there are more investigators.

9:04

Um also note that uh we are going to move item six uh of the agenda to right after the approval of the minutes so that uh Auditor Houston can uh not have to wait for other action items uh in his presentation.

9:20

Um the PEC meetings are now in hybrid format and public comment is available both in person and via Zoom.

9:27

Detailed instructions for participating are provided on the commissioner's meetings web page and at the end of the agenda.

9:34

Uh we'll now move to item three, open forum.

9:38

Before we start, I want to go over the public comment process so we all know what to expect.

9:43

A member of the public may speak on any item appearing on the agenda.

9:46

If you wish to speak during open forum on an item that is on our agenda tonight, please stay seated until that item is called.

9:54

When I open the floor for public comment on the item to come to the podium.

10:00

Tonight we will make we will also be accepting public comments for participants joining via Zoom and by phone.

10:06

When an item is called that you wish to comment on, please use the raise hand feature in Zoom or press star nine if you're participating by phone.

10:13

When it is your turn to speak, the staff will call your name and unmute your line.

10:16

Speakers are generally allotted one three-minute turn to speak per item, subject to change by the chair based on the number of speakers.

10:23

So that everyone gets a chance to speak and be heard.

10:26

Please leave the podium promptly when your allotted time is up.

10:28

Participants on Zoom will be muted when their time is up.

10:32

I also want to clarify how we handle public comment, both during open forum and during public comment periods later on the agenda, so that everyone is confident that they'll have a chance to be heard and knows what to expect.

10:43

Open forum is a time for members of the public to comment on any matter within the jurisdiction of the PEC that is not on tonight's agenda.

10:51

Commissioners cannot discuss the substance of any comments made during open forum.

10:56

Not because we're not interested, but because the item is not on tonight's agenda.

11:00

However, we listen to what you have to say.

11:03

The purpose of public comment is for us to hear from you.

11:06

It is not time for the commissioners to talk, answer questions, or have dialogue.

11:10

It is a time for us to listen.

11:12

Again, public comment is not a time for commissioners to talk or answer questions.

11:16

After the close of each public comment period, we may address questions or concerns that you raised.

11:21

For example, I may ask you to give staff uh your contact information so that they can follow up with you to give you the information that you've requested.

Discussion Breakdown — Share of Meeting
Ethics and Campaign Finance█████████████████████████████████████████████46%
Procedural███████████████15%
Enforcement Program Report██████████10%
Open Meeting Laws█████████9%
Pending Litigation██████6%
Charter Reform██████6%
Campaign Finance█████5%
Public Engagement███3%
Summary of Proceedings

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.

Meeting Transcript

We're waiting for a quorum. There it is. You have that big huge book. All right. Suzanne, are we ready? Jelani, are we ready? Okay, great. Uh K Top, can you start recording, please? Welcome everyone to this regular meeting of the Oakland Public Ethics Commission. The meeting has started at 635. I'm Commission Chair Francis Upton. I'll be presiding over today's meeting. As a reminder to those in attendance, the Public Ethics Commission is an independent agency of the city of Oakland that works to promote more inclusive, representative, and accountable democracy in Oakland and to promote fairness, openness, honesty, and integrity in city government. We'll begin with item one, taking the role. Commissioners, please indicate if you are present as I call your name. Present. Present. Present. And uh Commissioner Mishuk is not present, and I am present. So we do have a quorum just barely. Next is uh and we have uh the following staff present. Executive director, Suzanne Duran, enforcement chief Tova Ackerman, ethics analyst Shalani Killings, and Ethics Honest uh Wada Shawrari. And our pollen parliamentarian for the meeting is Deputy City Attorney Oliver Luby. Are there any staff and commission announcements? Good evening. Um thank you for director Suzanne Dorren. I did just want to um welcome one of our newest staff members who's gonna be starting next week. Um Dylan Bazerty, who's joining us as an investigator. We're very excited about that. And I'll just acknowledge a few of the other staff who happen to be here. We've got uh one of our our new analysts uh Neil Thorsen, we have Ben Marr, uh our other investigator, and uh Katherine Stein, who's joined us as our management intern. So great. Welcome. We we always like it when there are more investigators. Um also note that uh we are going to move item six uh of the agenda to right after the approval of the minutes so that uh Auditor Houston can uh not have to wait for other action items uh in his presentation. Um the PEC meetings are now in hybrid format and public comment is available both in person and via Zoom. Detailed instructions for participating are provided on the commissioner's meetings web page and at the end of the agenda. Uh we'll now move to item three, open forum. Before we start, I want to go over the public comment process so we all know what to expect. A member of the public may speak on any item appearing on the agenda. If you wish to speak during open forum on an item that is on our agenda tonight, please stay seated until that item is called. When I open the floor for public comment on the item to come to the podium. Tonight we will make we will also be accepting public comments for participants joining via Zoom and by phone. When an item is called that you wish to comment on, please use the raise hand feature in Zoom or press star nine if you're participating by phone. When it is your turn to speak, the staff will call your name and unmute your line. Speakers are generally allotted one three-minute turn to speak per item, subject to change by the chair based on the number of speakers. So that everyone gets a chance to speak and be heard. Please leave the podium promptly when your allotted time is up. Participants on Zoom will be muted when their time is up. I also want to clarify how we handle public comment, both during open forum and during public comment periods later on the agenda, so that everyone is confident that they'll have a chance to be heard and knows what to expect.

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