Public Meetings - Oakland, California

This regular meeting of the Oakland Public Ethics Commission (PEC) began at 6:30 PM on June 13, 2024. Commissioners present: Vice Chair Upton (presiding), Commissioners Gage (arrived late), Steele, Taloc, and Mitchick (Chair). Commissioner Hill was absent. The Commission heard a detailed presentation from Goldman School of Public Policy students on transparency best practices, addressed multiple enforcement actions including a probable cause finding for bribery and false evidence, approved a $50,000 settlement with Lyft, and amended penalty guidelines to include ability to pay. Consent Calendar - Meeting Minutes: Initially, the Commission approved minutes from April 10, 2024 (vote 3-0-1, with Chair Mitchick abstaining for not attending) and May 22, 2024 (vote 3-0-1, Commissioner Taloc abstaining). However, legal counsel later advised that minutes require a majority of the full commission, not just those present. The items were re-voted: April minutes passed 4-0-1 (Mitchick abstaining), and May minutes passed 4-0-1 (Taloc abstaining). Public Comments & Testimony - Ralph Cannes (member of public) commented on the mediation program, calling it ineffective and urging changes to allow concurrent filings or a 30-day limit before filing a complaint. He also criticized the process for the ballot measure proposal and raised concerns about conflicts of interest involving councilmember Dan Cobb. - Lyft Representative (Joel Aurora) urged approval of the settlement agreement, emphasizing that Lyft conducted due diligence by reviewing Form 410 and solicitation materials that stated the committee was not candidate-controlled. Discussion Items - Goldman Student Presentation on Transparency (Item 5): Kelsey Perez, Chelsea Hall, Diaz Army, and Rand Manriquez presented their report "Open by Default: A Best Practices Analysis for Meaningful Transparency in the City of Oakland." Key findings: 70% of Oakland residents were dissatisfied with public records responses; the city faces challenges with decentralization, staff training, and data access. Best practices identified include cross-departmental coordination, open data portals, police data dashboards, and contract tracking dashboards. Preliminary cost savings estimates ranged from $4,000/week to $2.5 million/year. Long-term recommendations: establish a public records office, revamp open data policy, expand police dashboard, and create a contract tracking dashboard. - Executive Director's Report (Item 8): Nicholas Hydorn reported on the city's $170M fiscal deficit and impacts on PEC: elimination of the Limited Public Financing (LPF) program for 2024, a $100,000 reduction in Democracy Dollars startup funding (now $425,000), and cuts to candidate education and enforcement reserves. He also provided an update on the ballot measure proposal, noting significant modifications by Councilmember Kalb (e.g., adding only one enforcement staff in 2026, removing proportional reduction protections, and limiting mayor's salary adjustments to inflation only). Councilmember Ramashandran proposed removing mayor's salary setting entirely. - Enforcement Report (Item 7): Chief Simon Russell reported a jump in open cases from 89 to 148, primarily due to 51 new Form 700 non-filer cases. Key Outcomes - Probable Cause Finding – Michael Dabney (Case 2328): The Commission found probable cause for bribery (offering a thing of value to a city inspector for an official act) and providing false evidence to the PEC. The case was set for an administrative hearing before an outside hearing officer, with staff directed to return with a list of nominees. - Settlement Agreement – Lyft Inc. (Case 2041.2): Approved a no-contest settlement for $50,000 (half the alleged illegal contribution) for violating the contractor ban. The Commission requested staff to consider issuing an advisory on best practices for donors to verify candidate-controlled committees. - Streamlined Settlement – Michelle Phillips (Case 2411): Approved a streamlined settlement for a $50 disgorgement and training for accepting a $300 gift ($50 over the limit) as a department head. - Closure Recommendation – Jesse Boudart (Case 2338): Voted to close the case with an advisory letter, finding no violation of misuse of city resources for two emails soliciting votes for a professional organization board seat. No further advisory actions were taken. - Form 700 Enforcement Update (Item 13): Approved closure of several cases where filers were on long-term leave, had filed with the Oakland Housing Authority, or were erroneously listed. The ongoing enforcement program has reduced the number of open non-filer cases. - Penalty Guidelines Amendment (Item 14): Approved adding "respondent's ability to pay the contemplated penalty without suffering undue financial hardship" as a ninth factor in determining penalties, effective immediately. - Future Business: Commissioners expressed interest in inviting IT staff to present on challenges with email searches for public records requests.

Note: The agenda and raw transcript list the meeting date as Wednesday, May 22, 2024, but this summary follows the instruction to use the date 2024-05-23. This discrepancy is noted. The Oakland Public Ethics Commission (PEC) held a special meeting to address several agenda items, including a city auditor salary adjustment, adoption of a debate policy for public financing programs, review of a proposed ballot measure to modernize ethics oversight, endorsement of a mayoral salary ballot measure, and comments on police commission procedural changes. The meeting included public comments and votes on each action item. Public Comments & Testimony - Mr. Hazard spoke against the city auditor salary adjustment, arguing that Measure X (which granted the PEC salary-setting authority) is illegal and that he is pursuing an appeal. He also opposed the PEC ballot measure and mayoral salary proposal, stating that such measures are a cover for salary increases and urged the commission not to approve any raises. He referenced a pending opening brief at the court of appeal. - Rolf Cannes criticized the PEC subcommittee meetings as not being public, alleging a violation of the Brown Act and Sunshine Ordinance. He also raised concerns about the records retention policy and the statute of limitations for enforcement cases, and argued that the PEC should not be responsible for setting elected officials' salaries, as it is not equipped for that function. Discussion Items - Item 4 – Oakland City Auditor Salary Adjustment: The commission re-agendized this item from its April 10, 2024 meeting for procedural reasons. Staff recommended adjusting the City Auditor's annual salary to $226,612.19 (a 6.3% increase), effective the first pay period after July 1, 2024. The recommendation was based on criteria in City Charter Section 403(1), including comparisons with other department heads, the highest paid professional employee in the Auditor's Office, and salaries in comparable cities and Bay Area jurisdictions. The current salary was $213,137.52. - Item 5 – Debate Policy: Staff presented a proposed policy defining what qualifies as a “public debate or forum” for candidates participating in the Limited Public Financing (LPF) or Democracy Dollars programs. The policy included requirements that events be free, open to the public, held within 120 days of election, invite all qualifying candidates, and not be structured to favor any candidate. Commissioners discussed amendments to clarify that candidates must participate live, that the executive director report any waivers granted or denied, and to adjust language regarding insufficient qualifying events. The policy also included provisions for alternative events (e.g., town halls) and optional pre-qualification of events by host organizations. - Item 6 – PEC Ballot Measure Proposal: The commission reviewed a proposed Charter amendment and ordinance measure to strengthen the PEC’s independence, staffing, and governance. The proposal had been narrowed from an earlier package: it maintained increased enforcement staffing (two additional positions phased over three years), stronger commissioner qualifications and during-service restrictions, a transfer of vacancy-filling authority to the PEC after 120 days, and enhanced legal capacity. Items dropped included direct appointment of the executive director, proportional budget protections for Democracy Dollars, and the ability to waive salary increases for all elected officials. The resolution had been introduced and was scheduled for a May 30, 2024 Rules Committee hearing. - Item 7 – Mayoral Salary Ballot Measure: The commission endorsed a proposed charter amendment that would transfer responsibility for setting the Mayor's salary from the City Council to the PEC, following recommendations adopted in December 2023. The proposed language included biannual adjustments based on CPI (capped at 5% over two years) and a discretionary four-year review at the start of a new mayoral term. The measure would be considered by the City Council for the November 2024 ballot. - Item 8 – Police Commission Procedural Changes: The commission reviewed draft ordinance language responding to its January 2024 recommendations regarding investigations of alleged Police Commissioner misconduct. The revised language, prepared with the City Attorney’s Office, differed from the PEC’s earlier proposal: instead of the City Administrator selecting the investigator, the PEC would make that determination (consistent with existing Charter jurisdiction), and the PEC could hire outside counsel or investigators if it lacked capacity or expertise. The commission voted to endorse this language as consistent with its earlier recommendations. Key Outcomes - Item 4: Resolution No. 24-04 authorizing a salary increase for the City Auditor to $226,612.19 was approved on a 5-1 vote (Commissioner Gage dissenting). - Item 5: The Debate Policy was adopted unanimously (6-0) with amendments to require live candidate participation, require the executive director to report waivers, and refine the waiver provision for insufficient qualifying events. - Item 6: The commission received and endorsed the PEC ballot measure proposal (6-0). Staff will continue working with the Chair to advance the resolution through the City Council process. - Item 7: The commission endorsed the mayoral salary ballot measure (6-0). Staff will prepare a letter of support for the City Council. - Item 8: The commission endorsed the proposed ordinance language regarding Police Commission procedural changes on a 4-1 vote (Commissioner Tilak dissenting), finding it consistent with prior recommendations.

The Oakland Public Ethics Commission met on April 10, 2024, at 6:30 p.m. in Hearing Room 1 at City Hall. The meeting covered presentations from the Oakland Fire Department on public records response, reports on disclosure, Democracy Dollars implementation, enforcement, and the Executive Director, as well as action items on salary adjustments for the City Auditor and City Attorney, and a comprehensive review of proposed amendments to the City Charter and Oakland Municipal Code affecting the Commission. The Commission voted on several items, including salary increases and a package of charter reform recommendations. Public Comments & Testimony - Open Forum: Seneca Scott spoke on behalf of former City employee Liliana Powell, alleging unresolved ethics complaints against Mayor Sheng Thao dating back nearly two years. Scott urged the Commission to conclude the investigation promptly, expressing frustration with delays and questioning the Commission's effectiveness. - Written public comments were received on charter amendment items and noted for the record. Discussion Items Oakland Fire Department Public Records Presentation Michael Hunt (Assistant to the Director) and Randy Stukes (Operations Administrative Assistant) presented the Department's public records request (PRR) process. Key data from 2023: - OFD processed an average of 18 PRRs per week, 68 per month, totaling 819 via the NextRequest platform. - Response rates within 10 days: Fire Prevention Bureau (FPB) – 11%, Fire Dispatch Center (FDC) – 80%, Medical Services Division (MSD) – 95%. - OFD has zero dedicated PRR staff; recommended one FTE "public records specialist". - Challenges include lack of training, unwieldy EDDR (electronic data discovery) requests, and unspecific requests. - Commissioners discussed potential technology improvements, self-service options, and better use of the NextRequest platform. Disclosure and Engagement Alex Van Buskirk presented the report, noting 49 lobbyists registered for 2024, and ongoing compliance efforts. No additional discussion. Democracy Dollars Implementation Program Manager Suzanne Doran reported progress on the Haas Jr. Foundation grant, including a graduate student researcher and a new community engagement specialist position (54 applicants). Staff recommended a cooperative purchase agreement for the technology platform, to be presented to City Council. Enforcement Program Enforcement Chief Simon Russell reported that the Enforcement Unit has one full-time investigator (down from two due to a staff transition). Current caseload: 89 open matters, with 55% on hold due to staffing shortages. Three proactive complaints were filed since the last report. Executive Director's Report Nicolas Heidorn announced that for the first time in over a year, all budgeted PEC positions are filled (8 full-time). Melanie Newcomb (new Administrative Assistant) and Alex Van Buskirk (new Ethics Analyst) were welcomed. Heidorn noted a projected $177 million city deficit and potential budget challenges; the PEC already faced a 58% cut from Measure W baseline. He also highlighted 16 open mediations. OCRA Guide 2024 The Commission reviewed the updated Oakland Campaign Reform Act Guide, reflecting changes from Measure W (contribution limits, new disclaimer requirements). No action required. City Auditor Salary Adjustment Staff recommended increasing the City Auditor's salary from $213,137.52 to $226,612.19 (6.3% increase), effective in the first pay period after July 1, 2024. The recommendation was based on charter criteria including comparison with top employee salary, other department heads, and comparable jurisdictions. Commissioner Gage proposed a smaller increase but was not seconded. Motion to adopt staff recommendation passed 3-1 (Gage opposed, Steele, Tilak, and Vice Chair Upton in favor). City Attorney Salary Adjustment Staff recommended increasing the City Attorney's salary from $306,990.58 to $320,958.84 (4.6% increase). The motion passed unanimously 4-0. Review and Recommend Amendments to the City Charter and OMC Executive Director Heidorn presented a comprehensive package of 19 proposed amendments developed by the Charter Review Subcommittee (Micik, Hill, Tilak). The proposals aimed to strengthen PEC staffing and independence and align the charter with the new Democracy Dollars mission. Key elements: direct appointment of Executive Director, increased enforcement staffing, enhanced commissioner qualifications and post-service restrictions, ballot referral power, and lobbyist gift prohibitions. The Commission voted unanimously to endorse the recommendations and direct staff to work with the City Council to place one or more on the November 2024 ballot. Key Outcomes - Approved the March 13, 2024, meeting minutes (4-0). - Approved City Auditor salary increase to $226,612.19 (3-1). - Approved City Attorney salary increase to $320,958.84 (4-0). - Endorsed the 19-proposal charter amendment package and authorized staff to pursue ballot placement with the City Council.

The Oakland Public Ethics Commission (PEC) held its regular meeting on Wednesday, March 13, 2024, at 6:30 p.m. in Hearing Room 1 of City Hall. The Commission addressed a range of items including approval of prior minutes, reports on disclosure and enforcement activities, a proposed settlement agreement for a campaign finance violation, the biannual City Council salary adjustment, a comprehensive set of proposed charter amendments, and subcommittee updates. The meeting also included a closed session for the Executive Director’s performance evaluation and subsequent open session actions on compensation. Public Comments & Testimony - Gene Hazard spoke during Open Forum about outstanding public records requests to the PEC and raised concerns regarding the Children’s Initiative (Oakland Promise) and a prior audit. He also commented on the Council salary adjustment item, cautioning that a pending lawsuit (Case No. 23-CV-039291) challenges the legality of Measure X, which governs the salary adjustment process. He urged the Commission to wait for the court’s decision before acting. - During the enforcement report discussion, Mr. Hazard gave additional testimony regarding a formal complaint he filed about Measure X (the 2022 ballot measure), alleging a violation of the state single-subject rule. - One member of the public spoke during the settlement agreement item, expressing interest in the Measure AA campaign and indicating he would make further public records requests. Discussion Items - Disclosure & Engagement Report: Program Manager Suzanne Doran reported on compliance with campaign finance and lobbyist disclosure requirements. Since the last meeting, staff reviewed 65 campaign statements, issued amendment requests to six filers, assessed $440 in late fees, and referred three non-filers for enforcement. In 2023, Oakland committees reported over $765,680 in contributions; 40% of contributions over $100 came from Oakland addresses. Forty-eight lobbyists registered for 2024, and 68 quarterly activity reports were filed. The top lobbyist client by contacts was Earthjustice (206 contacts). Staff also provided ethics training to over 120 new City employees and conducted a Government Ethics Training for Form 700 filers. - Enforcement Program Report: Enforcement Chief Simon Russell reported on staffing additions, including a permanent investigator (Treva Hadden), a temporary investigator (Alex Van Buskirk), and two part-time law clerks (Graham Willard and Chris Nardi). The Enforcement Unit currently has 86 open cases, with 50 on hold (58% of the total). Since January, 15 new complaints were received; three streamlined settlements for low-level violations were executed. Chief Russell also detailed a new Records Retention Schedule addressing “unused evidence” gathered during investigations. - Proposed Settlement – Susan Montauk (PEC No. 19-01.2): Chief Russell presented a settlement agreement involving a 2018 campaign committee (“The Oakland Fund for Measure AA”) that failed to disclose it was candidate-controlled. The respondent, Susan Montauk, a board member, agreed to a $500 penalty (reduced from a $1,000 baseline due to cooperation and mitigating factors). The Commission approved the settlement by a unanimous 5-0 vote. - Council Salary Adjustment: Executive Director Nicolas Heidorn explained that under Measure X, the Commission must adjust councilmember salaries every two years based on CPI, up to a maximum of 5% per year. The two-year CPI increase was 7.6%, triggering a mandatory minimum increase of 5%, raising annual salary from $103,621.82 to $108,802.91. The Commission voted 5-0 to adopt staff’s recommendation of a 5% increase, noting discretion could allow up to 7.5% but the default was appropriate. - Charter Review Recommendations: The Charter Review Subcommittee (Commissioners Micik, Hill, Tilak) presented 10 proposed amendments to strengthen PEC staffing, independence, and mission alignment. Key proposals included: (1) direct appointment of Executive Director by the Commission; (2) minimum staffing of two additional enforcement staff; (3) proportional budgeting for Measure W (Democracy Dollars); (4) clear legal capacity for the PEC, including requiring the Enforcement Chief be an attorney; (5) enhanced commissioner qualifications and post-service restrictions; (6) vacancy-filling authority transferred to the PEC after 120 days; (7) ballot referral power by supermajority vote; (8) updated mission language emphasizing inclusive democracy; and (9) discretion to waive salary increases during fiscal hardship. The Commission voted 5-0 to direct staff to draft charter amendment language. - Subcommittee Reports: - Transparency & Public Records Subcommittee: Chair Upton reported the subcommittee has concluded its work, having facilitated OPD and OFD presentations, and launched a research partnership with UC Berkeley Goldman School students. A termination statement was provided. - Public Outreach Subcommittee: Chair Steele reported on a March 7 meeting focused on outreach materials, an elevator pitch, a revamped PowerPoint, and an outreach calendar. Commissioners committed to staffing events. Discussion included coordinating commissioner pairings for speaking engagements. - Charter Review Subcommittee: Already addressed above. - Executive Director Performance and Compensation: In closed session, the Commission evaluated Executive Director Heidorn’s performance as above satisfactory. In open session, the Commission approved a 5% salary increase (to $191,213.76) plus five additional days of management leave (motion passed 5-0). Subsequently, following discussion of retention and comparison with other department heads, the Commission approved an additional 5% retention bonus for a total 10% increase (motion passed 5-0). Key Outcomes - Approved minutes of the January 17, 2024, regular meeting (5-0). - Approved settlement in the matter of Susan Montauk, imposing a $500 penalty (5-0). - Adopted resolution for a 5% salary increase for City Councilmembers, effective July 2024, raising annual salary to $108,802.91 (5-0). - Directed staff to draft charter amendment language based on the Charter Review Subcommittee’s ten proposals, with consideration of commissioner input (5-0). - Awarded Executive Director a 5% salary increase, five additional management leave days, and an additional 5% retention bonus (total 10% increase) for the 2024-2025 fiscal year (5-0 on each motion). - Noted the termination of the Transparency and Public Records Subcommittee; new transparency-related work to be addressed by a future subcommittee. - Noted the public outreach subcommittee’s plan to finalize outreach materials and schedule speaking engagements.

The Oakland Public Ethics Commission (PEC) held its first meeting of 2024 on January 17, covering a packed agenda. The meeting featured a detailed presentation from the Oakland Police Department (OPD) on public records request (PRR) challenges, a discussion on proposed legislation affecting PEC enforcement authority, budget priority setting for the mid-cycle budget, and other administrative items. Key themes included severe staffing and capacity constraints across city departments, particularly OPD and PEC enforcement. Public Comments & Testimony - No oral public comments were made during open forum. Written public comments were received on several agenda items and read into the record: Gail Wallace (League of Women Voters Oakland) expressed support for PEC staffing requests. Gene Hazard raised a legal challenge to item 10 (salary setting). Gerald Cheney disagreed with the dismissal of his ethics complaint. Consent Calendar - The commission approved the draft meeting minutes unanimously. Discussion Items - OPD Public Records Presentation: Deputy Director Keanu Suttle, Records Manager Nikita Williams Pierre, and Supervisor Ali Bonda presented. OPD receives over 800 PRRs per month, far more than any other city agency. It has no dedicated PRR unit; on average only two police records specialists work on PRRs (out of a budgeted 26 authorized, with only 16 filled). The department estimates needing 45 staff for the entire records division to handle workload. Currently, there are 705 open requests, of which 449 are overdue. Most urgent requests (60-70% of new requests) are for stolen vehicle, burglary, and domestic violence reports. Complex requests (e.g., voluminous email searches) account for the backlog. OPD ensures a response within 10 days via a records determination form, but full fulfillment may take months. Staff work extensive overtime; burnout is high. Commissioner Upton, Gage, Pertit, and Vice Chair Hill asked questions about staffing, technology, and potential fees. OPD noted a 20-year-old records management system and a small IT unit (one civilian, two officers). Commissioners expressed interest in advocating for OPD staffing and technology improvements. - Proposed Public Safety Ordinance (Item 5): Enforcement Chief Simon Russell presented staff analysis of pending legislation affecting PEC enforcement authority, particularly regarding police commissioner misconduct and OPD records compliance. Staff recommended adoption of non-substantive changes and supporting workplace retaliation training for police commissioners, but suggested amendments to the “independent investigator” provision to clarify assignment criteria (subject matter jurisdiction/expertise), procedure (single hearing or PEC vote), and a fast-track option with referral back to the assigning body. After discussion, the commission voted unanimously to adopt the staff recommendation with additional amendments: specifying who assigns complaints, requiring a PEC vote for findings (version 2), and allowing the assigned investigator to request reassignment due to capacity or expertise. The commission also urged the city attorney to clarify charter compliance. - PEC Mid-Cycle Budget Priorities (Item 6): Executive Director Nicholas Hydorn outlined budget needs: immediate request for two additional investigators to address enforcement backlog (currently 60% of cases on hold; caseload-to-staff ratio of 44:1 vs. 14:1 in comparable agencies), and one ethics analyst starting January 2025 for Democracy Dollars program logistics. The commission adopted the draft letter with minor formatting changes, directing the chair to submit it. - Lobbyist Training Frequency (Item 7): The commission adopted a policy requiring lobbyists to retrain every two years (online) and setting a March 31 deadline for January re-registrants, to simplify administration. - Election of Officers (Items 8-9): Chair Mitchick was re-elected chair. Commissioner Upton was elected vice chair. - Salary Setting Process (Item 10): Staff presented the upcoming process for adjusting city council, city attorney, and city auditor salaries, noting new constraints under Measure X (CPI cap of 5% per year for council). Commissioners discussed data sources and public input; no action taken. - Committee Reports: Vice Chair Hill reported on the Transparency Subcommittee, which hosted the OPD presentation and will refine questions for future department visits. She stepped down due to family health issues; Commissioner Gage will serve as acting chair. Chair Mitchick reported the Charter Review Subcommittee will begin meeting to propose charter amendments. The Commissioner Selection Subcommittee was disbanded after completing its work. Key Outcomes - Unanimous approval of meeting minutes. - Unanimous approval of the public safety ordinance comment letter with amendments (motion by Chair Mitchick, seconded by Commissioner Upton). - Unanimous approval of the mid-cycle budget letter with Vice Chair Hill’s formatting suggestions. - Unanimous adoption of the lobbyist training policy. - Election of Chair Mitchick and Vice Chair Upton. - Vice Chair Hill stepped down from the Outreach Subcommittee; Commissioner Gage appointed acting chair. - The Commissioner Selection Subcommittee was disbanded. Enforcement Report Enforcement Chief Russell reported that 2023 was challenging due to 15 months without a permanent investigator. Only 43% of formal complaints were processed; 60% of cases remain on hold. Two new staff (permanent investigator, temporary investigator) started in January 2024. The enforcement unit will bring high-impact cases to the commission in early 2024. Staff reiterated the need to make the temporary investigator permanent. Executive Director’s Report Director Hydorn highlighted accomplishments: hiring multiple staff, securing grant funding, developing new trainings (lobbyist, Form 700 diversion), and implementing new procedures. He acknowledged Commissioner Pertit’s departure and thanked him for his service.

The Oakland Public Ethics Commission (PEC) held its regular meeting on December 13, 2023, starting at 6:31 PM. The meeting covered staff announcements, approval of minutes, selection of a new commissioner, a recommendation on setting the mayor's salary, a draft voter guide design, subcommittee reports, and enforcement updates. A quorum was present with five commissioners in attendance. Consent Calendar - Approval of Minutes: The October 25, 2023 special meeting minutes were approved 5-0 with one abstention (Commissioner Pertit was absent) after a correction to the spelling of Commissioner Upton's name. The November 8, 2023 regular meeting minutes were approved 6-0. Public Comments & Testimony - Commissioner Selection Finalist: One member of the public spoke in support of finalist Kevin Covarubius, citing his long-term leadership in Oakland and his impact on the speaker's own civic engagement. - No public comments were made during Open Forum or other agenda items. Discussion Items - Staff and Commission Announcements: Executive Director Nicholas Hydorn introduced new Commission Analyst Teddy Toshoma. Enforcement Chief Simon Russell introduced new permanent investigator Triva Haddon. The chair announced an agenda order change to move Item 8C (Commissioner Selection Subcommittee report) up before Item 5. - Selection of New PEC Commissioner: Two finalists, Karun Talak and Kevin Covarubius, each gave four-minute presentations addressing their interest, skills, goals, and additional information. Commissioners asked questions regarding enforcement resources, outreach philosophy, and time commitment. After discussion, a motion was made and seconded to appoint Karun Talak. The motion passed 6-0. Mr. Talak's term begins in January 2024, with his first meeting expected in March. Both finalists were encouraged to apply for the mayor's appointment vacancy. - Recommendation on Setting the Mayor's Salary: Executive Director Hydorn presented six options (A1, A2, A3, B1, B2, C) based on prior commission discussion. Options ranged from automatic adjustments linked to judicial salaries or inflation to periodic PEC review. After commissioner comments, the commission voted 6-0 to recommend Option C (a hybrid approach with two-year inflation adjustments capped at 5% and a discretionary four-year review). A separate motion to also forward a statement of principles (excluding a bullet on limited discretion) was approved 6-0, with the chair and executive director authorized to submit a cover letter. - Voter Guide Design: Staff presented a draft comparison-format voter guide for the Democracy Dollars pilot, informed by user testing and stakeholder feedback. Key features included candidate statements, priorities, endorsements, and campaign finance information. Commissioners offered suggestions on layout, clarity, and digital accessibility. No formal vote was taken; staff will refine the guide and return with design guidelines. - Reports on Subcommittees: - Transparency and Public Records Subcommittee (Commissioner Upton): Completed a proposal for a research project with Goldman School of Public Policy and sent a letter to the Oakland Police Department for an upcoming interview. - Public Outreach Subcommittee (Vice Chair Hill): Continued planning a calendar of outreach events, with a goal of finalizing a list of events for commissioner participation in early 2024. - Charter Review Subcommittee Established: The chair announced formation of a subcommittee to review potential charter amendments to strengthen the PEC. The chair and Vice Chair Hill will serve; incoming Commissioner Talak expressed interest and will be appointed after being sworn in. - Disclosure and Engagement Update: Program Manager Suzanne Doran noted delays due to staff turnover but reported progress on implementing lobbyist registration and training. - Enforcement Update: Chief Simon Russell reported 86 total cases (53 on hold), 14 active investigations, and 10 post-investigation cases. Seven staff-generated investigations into senior non-filers of Form 700 were opened. The new investigator will help reduce backlog. - Executive Director's Report: Hydorn announced that the Lobbyist Registration Act and Lobbyist Public Financing Program became law, with $210,000 in available funds. A $200,000 grant from the Haas Junior Foundation will fund an outreach specialist. Staffing has improved with two new hires and offers for an additional investigator and two law clerks. A quarterly meeting of ethics commission directors from major California cities has been established. - Future Meeting Business: Reminder that chair and vice chair elections will occur at the January meeting. Key Outcomes - Commissioner Selection: Karun Talak was appointed as the new PEC commissioner, effective January 2024, with the first meeting expected in March 2024. Vote: 6-0. - Mayor's Salary Recommendation: The commission recommended Option C (hybrid inflation and discretionary review) and agreed to forward a statement of principles to the city administrator. Vote: 6-0 on both motions. - Charter Review Subcommittee: Established with the chair and Vice Chair Hill; incoming Commissioner Talak to be added after being sworn in. - Staffing Progress: Multiple positions filled or offered, including permanent investigator, commission analyst, and contract investigator; outreach specialist to be hired mid-2024 via grant.

The Oakland Public Ethics Commission (PEC) held its regular November meeting on November 8, 2023, at 6:30 PM. The meeting covered a voter guide pilot, revised enforcement procedures, the 2024 meeting schedule, subcommittee reports, disclosure updates, and an enforcement caseload overview. All six commissioners were present, and staff reported on recruitment and legislative progress. Public Comments & Testimony - Voter Guide Discussion (Item 8): - Gail Wallace, President of the League of Women Voters of Oakland, expressed the League’s interest in partnering with the PEC on voter guides, highlighting their Easy Voter Guide produced in three languages with candidate priorities and ballot measure pros/cons. She offered to share experience on expenses and distribution. - Louise Anderson, League member, described using the printed Easy Voter Guide with incarcerated youth at the Alameda County Juvenile Justice Center, noting its value where internet access is limited. - Deborah Scheffler, League member, detailed the League’s guide distribution to over 100 community organizations, challenges of condensed timelines, and the need for broader distribution. She suggested leveraging the PEC’s government-supported distribution to reach more voters. - Future Business (End of Meeting): A member of the public expressed concern about the October 2023 meeting cancellation due to lack of quorum, and recounted his motivation for applying to the commission based on a news article about Democracy Dollars. The chair apologized and explained the cancellation. Discussion Items - Voter Guide Pilot (Item 8): - Executive Director Nicholas Hydorn presented a proposal to create a PEC voter guide for 2024, modeled on Seattle’s candidate introductions, to coincide with the early release of Democracy Dollars vouchers. The guide would include candidate photos, 200-word statements, and a note on Democracy Dollars eligibility. Staff recommended a structured, comparative format (like the League’s Voters Edge) over traditional block text. - Sharon Stone (League of Women Voters of California) presented Voters Edge, an online guide covering 37 counties, with 84% candidate participation in Alameda County. She noted challenges in candidate recruitment and the guide’s reliance on volunteers. - Commissioners discussed inclusion of photos (potential bias), candidate priorities, endorsements, and methods to measure reach. Commissioner Hill suggested low-cost testing (e.g., split mailings with different links). Commissioner Steele raised concerns about excluding non-Democracy Dollars candidates. The discussion also touched on the timeline: a pilot paper guide expected in October 2024, with a final guide ready for 2026. - Revised Streamline and Diversion Procedures (Item 5): - Enforcement Chief Simon Russell proposed expanding the list of violations eligible for streamlined resolution (e.g., minor misuse of city resources, small campaign contribution violations), clarifying eligibility criteria, authorizing the Executive Director to approve streamline settlements without a commission vote (except for elected officials, chiefs of staff, department directors, and campaigns over $50,000), and explicitly allowing diversion (training) for streamlined cases. - Commissioners debated the delegation of authority to the Executive Director. Commissioner Pertit opposed, arguing it is the commission’s responsibility to adjudicate all enforcement matters and that commissioners would lose insight into minor cases. Commissioner Upton and Commissioner Hill supported the change for efficiency, especially given staffing constraints. Commissioner Gage suggested adding a sunset clause or a report-back requirement. After a motion and withdrawal, a final motion passed (5-0) to adopt the four prongs with a report due by August 31, 2024, on the program’s progress. - 2024 Meeting Schedule (Item 6): - Executive Director Hydorn recommended Wednesdays at 6:30 PM with eight meetings per year (bimonthly) instead of 12, to allow staff more time for research and policy work. The proposed calendar included a January 24 start (to avoid Christmas-New Year prep) but commissioners preferred January 17 to retain the current roster before term expirations. The motion passed unanimously. - Subcommittee Reports (Item 7): - Transparency and Public Records Subcommittee (Commissioner Upton): Reported on an October 23 meeting, finalizing questions for the Oakland Police Department regarding public records. The subcommittee will invite OPD to the January 17 meeting. - Public Outreach, Enforcement Resources, and Campaign Finance Subcommittee (Commissioner Hill): Discussed recruitment results (17 applicants, diverse pool), plans for a commissioner op-ed in January 2024 urging enforcement resources, and development of a PEC outreach calendar. - Disclosure and Engagement Report (Item 9): - Program Manager Suzanne Duran reported on the pilot for independent expenditure disclosure in the special election. Four PACs submitted 15 supplemental reports; the online form worked, but a more automated solution is needed for 2024. She also addressed a candidate using the wrong campaign committee ID, noting that staff proactively contacted the candidate and that the data was still searchable in the official database. - Enforcement Program Update (Item 10): - Enforcement Chief Russell presented a new breakdown of the 70+ open cases by violation type, including 8 bribery cases, 5 conflicts of interest, 29 cases of alleged misuse of official position, 11 contractor campaign contribution cases, and 5 whistleblower retaliation cases. Many cases are on hold due to staffing. Commissioners suggested reordering the table to highlight total cases per violation type. - Executive Director’s Report (Item 10 continued): - Hydorn reported that recruitment for commissioner vacancies yielded 17 applicants (up from 8-9 in prior years). The city council approved the Limited Public Financing Act of 2024 and the Lobbyist Registration Act amendments. Staffing: two to three vacancies are expected to be filled soon. He commended staff for their work under strain. Key Outcomes - Voter Guide: The commission will continue developing a pilot voter guide for 2024, with a mock guide and draft guidelines expected in December 2023 or January 2024. Staff will conduct user testing at libraries. - Streamline and Diversion Procedures (Item 5): Approved with four prongs (expanded violations, clear eligibility criteria, ED authority to approve streamline settlements with exceptions for elected officials and major campaigns, and explicit diversion authorization). Staff must report program progress by August 31, 2024. - 2024 Meeting Schedule (Item 6): Approved: Wednesdays at 6:30 PM, eight meetings per year, with the January meeting moved to January 17, 2024. - Enforcement: The commission received the new caseload breakdown and will see future reports with improved formatting. - Subcommittee Work: The Transparency Subcommittee will invite OPD to the January 17 meeting; the Outreach Subcommittee will develop a commissioner op-ed and an outreach calendar.

The Oakland Public Ethics Commission (PEC) held a special meeting on October 26, 2023, due to a lack of quorum at the prior regular meeting. The commission addressed a full agenda including the potential transfer of mayoral salary setting authority from the city council to the PEC, approval of routine items, pursuit of grant funding for the Democracy Dollars program, and updates on enforcement and outreach. All votes were unanimous where taken. Consent Calendar - Approval of Minutes: The commission unanimously approved the minutes from the August 9, 2023 regular meeting and the August 25, 2023 retreat. (Vote: 5-0). - Late Filing Fee Waiver Guidelines: Adopted staff's proposal for waiving per diem late fees for campaign finance and lobbying reports. The policy presumes good cause for first-time late filers (1–7 days), requires proof of incapacitation for repeat offences, and sets an appeal process to the commission. (Vote: 5-0). Public Comments & Testimony - No public comments were made during open forum or on any agenda item. Discussion Items - Mayor's Salary Setting Authority (Agenda Item 10 moved up): The commission discussed whether the responsibility for setting the mayor's salary should be transferred from the city council to the PEC. Executive Director Nicholas Hydorn presented a memo outlining options: keep the current formula (benchmarking against six nearest cities, salary at 70–90% of average), use a more automated approach (e.g., CPI adjustment or pegging to a Superior Court judge's salary), or a hybrid with periodic reviews. City Administrator Justin Johnson attended to answer questions. Commissioners expressed general support for the PEC taking on this role but favored a more automated, less discretionary process to depoliticize salary setting. Commissioner Gage suggested pegging at 80% of the average of three highest and three lowest population cities. Vice Chair Hill favored CPI adjustments with periodic reviews. Chair Mitchick summarized a consensus toward automation with limited discretion. No vote was taken; staff will bring a menu of options in December for a formal recommendation. - Democracy Dollars Grant Funding (Agenda Item 6): Staff requested authorization to apply to the Evelyn and Walter Haas, Jr. Fund for a grant to hire an outreach specialist (likely a city employee) and possibly a graduate student to support the Democracy Dollars program, which is set to launch in 2026. The grant would cover salaries and outreach activities. The commission unanimously approved the application and authorized the executive director, in consultation with the chair and vice chair, to execute necessary agreements. (Vote: 5-0). - Amendment to Limited Public Financing Act of 2024 (Agenda Item 7): Staff proposed removing the $155,000 cap on the limited public financing program to allow use of up to $50,000 in carry-forward funds from previous cycles. The commission unanimously adopted a resolution recommending the city council adopt the amendment, with a minimum allocation of $155,000. (Vote: 5-0, met two-thirds requirement). - Subcommittee Reports: - Transparency and Public Records Subcommittee (Commissioner Upton reporting): The subcommittee has met twice. Plans include applying for a Goldman grant, inviting police, fire, and planning departments for presentations in early 2024, and developing standard and customized questions for each department. A vision statement is pending. - Outreach and Resources Subcommittee (Vice Chair Hill reporting): The subcommittee reviewed staff's outreach plan for commissioner recruitment, produced short video introductions from commissioners, and plans to address enforcement resource needs. Future meetings will focus on a calendar of speaking events for commissioners. - Commissioner Recruitment Update (Agenda Item 9): Staff reported 13 applications received so far (50% more than prior cycles), with the deadline on October 28. Outreach included 14 meetings, ads in three publications, and an Oaklandside article. Staff will provide a demographic breakdown after the deadline. A new subcommittee (Chair Mitchick, Commissioner Upton, and Commissioner Pertit if available, else Vice Chair Hill) was formed to review applications, conduct first-round interviews, and forward finalists to the full commission for a December vote. - Disclosure and Engagement Report: Acting Democracy Dollars Program Manager Suzanne Duran reported that the new independent expenditure disclosure system under Measure W is being tested during the November special election. Filers have been able to attach communications, and the system is working well despite additional staff steps to publish data. Contribution limits ($600 for individuals, $1,200 for qualifying PACs) are in effect. - Enforcement Program Update: Enforcement Chief Simon Russell reported that approximately three-quarters of enforcement cases are on hold due to lack of permanent investigators. Hiring is underway for two investigators (one permanent, one limited-term) and two part-time law clerks. The office is piloting Form 700 enforcement: senior city officials (directors, deputy directors, elected officials, certain commissioners) who have not filed will receive a grace period until end of October, then face progressive penalties. The goal is 90% compliance next year. No enforcement files were compromised in the city's ransomware attack. Starting next month, caseload reporting will be more detailed by violation type and stage. - Executive Director's Report: Nicholas Hydorn reported on staff transitions (loss of analyst Anna Laura Franco to another department; replacement offer extended) and positive progress on hiring. The equity team (staff volunteer group) is meeting monthly to apply a racial equity lens to commission activities. Hydorn also attended a peer exchange in Seattle to learn from their Democracy Dollars program. Key Outcomes - The commission reached consensus on supporting PEC authority to set the mayor's salary with an automated process; staff will return with specific options in December. - Unanimously approved minutes from two prior meetings. - Unanimously adopted late filing fee waiver guidelines. - Unanimously authorized grant application to Haas, Jr. Fund for Democracy Dollars outreach capacity. - Unanimously approved amendment to limited public financing program (remove $155k cap). - Formed a Recruitment Subcommittee (Chair Mitchick, Commissioner Upton, plus one more) to review applications and interview candidates for an open PEC seat. - Enforcement team is actively piloting Form 700 compliance and hiring new investigators and law clerks. - Next regular meeting scheduled for November (date to be determined).

The Oakland Public Ethics Commission held a special meeting on October 25, 2023, due to a lack of quorum at the previously scheduled regular meeting. The commission discussed and took action on several items, including a significant discussion on whether to assume responsibility for setting the mayor's salary, approval of late filing fee waiver guidelines, and pursuit of grant funding for the Democracy Dollars program. The meeting included attendance by City Administrator Justin Johnson. Public Comments & Testimony - No public comments were made during open forum or on specific agenda items. Discussion Items - Mayor's Salary (Item 10): The commission discussed a proposal to transfer responsibility for setting the mayor's salary from the city council to the PEC. Executive Director Nicholas Hydorn presented a memo outlining options ranging from automated processes (e.g., CPI indexing, pegging to superior court judge salary) to approaches with greater discretion (similar to city attorney/auditor). City Administrator Justin Johnson attended and expressed support for the commission's work. Commissioners generally favored the PEC taking on the role and leaned toward a more automated process with limited discretion to minimize politicization. Options discussed included indexing to CPI, using the current formula (70-90% of average of six nearest city manager salaries) but pegging at 80%, or a hybrid approach with periodic review. No formal vote was taken; staff will bring back a menu of options in December for a vote. - Late Filing Fee Waiver Guidelines (Item 5): The commission adopted guidelines for waiving $10 per day late fees for campaign finance and lobbying reports. The guidelines include a presumption of good cause for first-time late filers (1-7 days) and strict criteria for subsequent waivers (e.g., hospitalization, stolen documents). The motion passed unanimously. - Grant Funding for Democracy Dollars (Item 6): The commission approved submitting an application to the Evelyn and Walter Haas Junior Fund for funding to hire an outreach specialist (likely a city employee) and possibly a graduate student for the Democracy Dollars program, which is set to launch in 2026. The motion passed unanimously. - Amendment to Limited Public Financing Act (Item 7): The commission approved a resolution to remove the $155,000 cap on the 2024 Limited Public Financing Act, allowing the use of potential carry-forward funds (up to $50,000) from the 2022 cycle. The motion passed 5-0, meeting the two-thirds requirement. - Subcommittee Reports (Item 8): - Transparency and Public Records Subcommittee (Commissioner Upton): Reported plans to conduct interviews with police, fire, and planning departments in 2024, developing standard and customized questions, and pursuing a Goldman grant. - Public Outreach, Recruitment, Enforcement, Ethics Complaints, and Campaign Finance Subcommittee (Vice Chair Hill): Reported on recruitment videos, social media outreach, and plans to focus on enforcement resources in future meetings. - A new Commissioner Recruitment Subcommittee was formed, consisting of Chair Mitchick, Commissioner Upton, and Commissioner Pertit (if available, otherwise Vice Chair Hill), to review applications and conduct interviews. - Commissioner Recruitment Update (Item 9): The commission received an update that 13 applications had been received (with two days remaining), a 50% increase over previous cycles, attributed to enhanced outreach efforts including 14 meetings, ads in three publications, and an article in Oaklandside. - Disclosure and Engagement Report (Item 11): Acting Democracy Dollars Program Manager Suzanne Duran reported on the upcoming special election, new independent expenditure disclosure requirements under Measure W, and troubleshooting efforts. She noted that the system is working incrementally and that filers have been able to attach political communications as required. - Enforcement Program Update (Item 12): Enforcement Chief Simon Russell reported that approximately three-quarters of enforcement cases are on hold due to staffing shortages, but two investigators (one permanent, one limited duration) and two part-time law clerks are being hired. He also outlined a pilot program for enforcing Form 700 filings against senior city officials (department directors, deputy directors, elected officials, certain commissioners) with a grace period until the end of October, followed by diversion training and monetary penalties. The goal is 90% compliance next year. - Executive Director's Report (Item 13): Nicholas Hydorn reported on staff transitions, including the departure of analyst Anna Laura Franco after seven years and the offer of a replacement. He also noted the formation of an internal equity team, attendance at a Seattle ethics conference, and ongoing staffing challenges. The commission's roadmap from the retreat was highlighted. Key Outcomes - Adopted late filing fee waiver guidelines (unanimous). - Approved grant application to Haas Junior Fund for Democracy Dollars outreach specialist (unanimous). - Approved amendment to Limited Public Financing Act removing the $155,000 cap (5-0). - Approved minutes from August 9 and August 25 meetings (unanimous). - Formed Commissioner Recruitment Subcommittee (Chair Mitchick, Commissioner Upton, and Commissioner Pertit or Vice Chair Hill). - Staff directed to bring back a menu of options for mayor's salary process in December. - Enforcement program expanding Form 700 enforcement as a pilot targeting senior officials, with a goal of 90% compliance next year.