Public Meetings - Oakland, California

The Oakland Public Ethics Commission (PEC) held its annual retreat on August 26, 2023, from approximately 3:01 PM to after 7:00 PM. Commissioners, staff, and members of the public discussed and prioritized the commission's work for the next one to two years across policy, disclosure, outreach, subcommittees, and enforcement. The retreat resulted in a roadmap for staff to develop, with a vote planned for October. Public Comments & Testimony - Open Forum – Speaker (unnamed, regarding Measure X): Urged the commission to fast-track an investigation into an alleged violation of the state constitution’s single-subject rule related to Measure X (November 8, 2022). Stated that any delay is unacceptable given the severity of the issue. - David Shore (Common Cause/BayPEC Coalition): Expressed strong support for the commission's outreach efforts and noted that they are already working on recruiting applicants for the PEC. Offered continued collaboration. - Vince (Oakland resident): Attended to learn more about the commission's work, noting a recent article about upcoming openings for commissioners. Thanked the commission for welcoming him. Discussion Items Policy Priorities (Near-Term) - Executive Director Nicholas Heidorn presented three near-term policy projects: a nonpartisan voter guide for 2024 (pilot), proactive recommendation on the mayor’s salary (city administrator to report early 2024), and a charter review piggybacking on potential ballot measures. Staff recommended prioritizing the voter guide, then mayor’s salary, then charter review. Commissioners generally agreed, with strong interest in public input and data gathering on the mayor’s salary. Policy Priorities (Longer-Term) - Five potential projects were discussed: biennial review of the Lobbyist Registration Act (LRA), ethics commission network, mediation/records reform, contributor certification, and audit program. Commissioners prioritized: 1) LRA review (kick off a systematic law review), 2) ethics commission network (start with meetings, not a full conference), 3) transparency reform/records process improvement (continued engagement with departments). Disclosure Projects – 2023–2025 Roadmap - Lead Analyst Suzanne Duran led a dot-voting exercise on 12 disclosure projects. Results: Open Disclosure 2024 update and Lobbyist fee system are critical and must be completed by early 2024. Show Me the Money maintenance, public records performance dashboard, and Democracy Dollars transparency portal (by 2025) are high priority. Ticket database rebuild and publishing new data sets are lower priority. Public Outreach Priorities - Staff presented six potential outreach messages: enforcement resources, commissioner recruitment, complaint procedures, general awareness, campaign finance tools, and Democracy Dollars. Commissioners voted (three dots each). Top three: 1) enforcement resources, 2) complaint procedures, 3) campaign finance tools. An exercise on enforcement resources messaging identified primary audiences (city council, mayor, community allies), timeframe (through mid-2025 budget cycle), tactics (media engagement, op-eds, meetings, public comment, leveraging data on consequences of understaffing). A proposal was made for each commissioner to do at least one public outreach per quarter, with staff support. Subcommittees Review and Formation - Measure W Outreach Subcommittee: Sunsetted. Its work (contact list, feedback) will be absorbed into the new outreach subcommittee. - Transparency Ad Hoc Subcommittee (Chair: Commissioner Francis Steele): Will develop a five-year vision statement on transparency and identify near-term actions, starting with meetings with city departments. Low staff lift, commissioner-led. - New Ad Hoc Subcommittee on Public Outreach (Chair: Commissioner Charlotte Hill): Focused on 2023-2024 outreach priorities: enforcement resources, complaint procedures, campaign finance tools, and commissioner recruitment for current vacancy. Will create outreach plans and resources. Ends when priorities are completed, then possibly replaced by a Measure W-focused subcommittee. - Commissioner Selection Subcommittee (to form in October) will interview applicants for the upcoming vacancy. Enforcement Report and Case Prioritization Activity - Enforcement Chief Simon Russell reported that enforcement is in a crisis due to zero investigator staff (hiring expected in October). Most cases are on hold; only the most serious are being worked. He is revising complaint procedures and developing an enforcement manual. - Commissioners discussed improving monthly enforcement reports: interest in breaking down cases by type (e.g., misuse of funds, gifts) and respondent category (e.g., elected officials, lobbyists) to strengthen resource requests, but concerns about reputational harm were raised. - A case prioritization exercise had commissioners allocate 10 investigation points among six hypothetical cases. Results varied: some prioritized the high-impact campaign scheme (Case 1) and the high-profile lobbying case (Case 3); others focused on mid-level cases with lower point costs (Cases 2, 4, 5, 6). Chief Russell noted the exercise validated his current approach of focusing on the highest and lowest severity cases. Key Outcomes - Consensus on Near-Term Policy Priorities: Voter guide pilot (highest), proactive mayor’s salary recommendation, and limited charter review. Staff to bring a formal roadmap to the October meeting for a vote. - Disclosure Roadmap: Open Disclosure 2024 update and lobbyist fee system to be completed by early 2024; public records dashboard and Democracy Dollars portal to follow; lower priority on ticket database and new data sets. - Outreach Plan: Enforcement resources, complaint procedures, and campaign finance tools are the top three messages. A new ad hoc subcommittee formed to develop and execute outreach plans. Commissioners committed to at least one outreach activity per quarter. - Subcommittee Actions: The Measure W Outreach Subcommittee was sunsetted. The Transparency Ad Hoc Subcommittee will continue with a vision statement. A new Public Outreach Ad Hoc Subcommittee was formed (Chair: Commissioner Hill, members: Commissioners Gage and Steele). A Commissioner Selection Subcommittee will be formed in October. - Enforcement: Chief Russell will revise complaint procedures and bring forward a draft enforcement manual. Monthly enforcement reports may be enhanced with more granular case-type data, subject to further discussion. The October investigator hire is expected to reduce the backlog.

The Oakland Public Ethics Commission (PEC) met on Wednesday, August 9, 2023, at 6:30 p.m. in Hearing Room 1 at City Hall. All six commissioners were present: Chair Ryan Micik, Vice Chair Charlotte Hill, and Commissioners Alea Gage, Arvon J. Perteet, Vincent Steele, and Francis Upton IV. Staff included Executive Director Nicolas Heidorn, Lead Analyst Suzanne Doran, Enforcement Chief Simon Russell, and others. The meeting covered amendments to the Lobbyist Registration Act, a temporary limited public financing program for the 2024 election, and updates on Measure W implementation. Public Comments & Testimony - David (Common Cause California, BayPEC Coalition): Expressed support for reinstating the Limited Public Financing Act (LPF) for the 2024 election cycle, stating that the BayPEC coalition is committed to collaborating on Measure W implementation. He also voiced enthusiasm for a potential voter guide similar to Seattle’s, which he said has worked well there. Discussion Items - Lobbyist Registration Act (LRA) Amendments: Executive Director Heidorn presented a proposal to codify a new $500 annual lobbyist registration fee and $10/day late fee (already approved by City Council), along with fee waivers and reductions. Key elements included: - Full fee waiver for 501(c)(3) nonprofits with annual revenue under $750,000. - Reduced fee ($100) for small businesses/organizations with revenue under $200,000. - Half-fee for lobbyists registering in the second half of the calendar year. - A cap of $1,000 on late filing fees and authority for the Executive Director to waive fees under $500 for non-willful violations. - Mandatory lobbyist training and alignment of quarterly filing deadlines with the end of the month. - A technical amendment to clarify that registration can be voided for failure to complete any required training. - Commissioner Perteet moved to expand the fee waiver to include 501(c)(4) organizations. After debate, the motion failed 2-4 (Chair Micik, Commissioners Steele and Upton opposing; Commissioners Hill and Gage supporting; Commissioner Perteet voting yes). A subsequent motion to adopt the staff recommendation (with the technical amendment) passed 5-1, with Commissioner Perteet dissenting. - Limited Public Financing Act of 2024: Staff proposed a one-time, reimbursement-based public financing program for City Council district elections, using $155,000 in discretionary funds. The program would require candidates to accept a $150,000 expenditure limit (per Measure W), raise $7,500 from Oakland residents, and attend at least one debate. Staff recommended adopting the LPF’s simpler rules rather than Measure W’s more complex requirements. The Commission voted 6-0 to approve the resolution, with amendments to remove a voter guide pilot (which staff determined could be done without council authorization) and a technical renumbering fix. - Measure W Implementation Update: Lead Analyst Doran reported ongoing work: hiring a Program Manager, collaborating with IT on a technology RFP (targeting October release), and exploring partnerships with civic design organizations. An updated timeline was provided, with key milestones including program launch in 2026. - Subcommittee Reports: No updates from the Measure W Equity and Outreach Subcommittee (Chair Hill deferred discussion to the retreat) or the Transparency and Public Records Subcommittee (Chair Upton reported no activity). - Commissioner Recruitment: The Commission is accepting applications through October 27, 2023, to fill one commissioner-appointed seat (currently held by Chair Micik). Staff will conduct outreach, and an ad hoc committee will review applications in October, with interviews in December. - Disclosure and Engagement: Doran reported that 137 campaign filers met the July 31 semi-annual deadline (80% timely, 6% late, 19 non-filers). Lobbyist compliance was high (96% timely). Advice requests in 2023 totaled 106, with top topics being campaign contribution limits and post-service revolving door restrictions. - Enforcement Program: Chief Russell reported 72 open matters, including 2 new formal complaints under preliminary review and 6 informal complaints. The caseload includes 37 cases on hold. No new litigation updates. - Executive Director’s Report: Heidorn noted that the City Council approved the PEC-recommended salaries for the City Attorney ($306,990.63) and City Auditor ($213,137.51). The Council also directed the City Administrator to explore moving mayor’s salary setting to the PEC (to be discussed at the retreat). Staffing: a permanent investigator position is being recruited (application deadline August 14), but the temporary investigator resigned. The PEC’s mediation caseload remains at 13 open cases. Key Outcomes - Approved meeting minutes from July 12, 2023 (6-0). - Approved LRA amendments (5-1) with fee waivers for 501(c)(3) nonprofits under $750,000 revenue, reduced fees for small entities, half-fee for late-year registrants, a $1,000 late-fee cap, and mandatory training. The motion to include 501(c)(4) organizations failed. - Approved Limited Public Financing Act of 2024 (6-0), a temporary program for City Council district elections using $155,000, with a $150,000 expenditure limit, a $7,500 fundraising threshold, and a requirement to attend one debate. The voter guide pilot was removed from the resolution. - No action taken on Measure W implementation, subcommittee reports, recruitment, disclosure, enforcement, or the executive director’s report; these were informational items. - Next meeting: Annual retreat on August 25, 2023 (3:00 p.m. at City Hall). No regular meeting in September.

The Public Ethics Commission (PEC) held its regular meeting on July 12, 2023, at 6:30 p.m. in Hearing Room 1, City Hall. Commissioners discussed a guest presentation on pay-to-play corruption, approved the annual report, voted to postpone the Democracy Dollars program for the 2024 election due to budget constraints, and directed staff to explore a temporary limited public financing program. Consent Calendar - Approval of June 14, 2023 Minutes: The minutes were approved with 4 ayes and 2 abstentions (Commissioner Steele abstained). Public Comments & Testimony - Asada Oligbala expressed concerns about inconsistent Brown Act enforcement across city meetings and criticized Measure W for allowing non-citizens to participate in the Democracy Dollars program, arguing it violates the California Constitution and amounts to affirmative action. He urged the commission to uphold constitutional requirements. Guest Presentation: Detecting and Preventing Pay-to-Play Corruption - UC Berkeley Goldman School students (Bridget Cervelli, Mina Koyama, and Teddy Sherbin, via report) presented findings from their report on pay-to-play corruption prevention. They identified three key barriers: lack of data transparency (e.g., no public contractor database), low policy awareness among regulated parties, and implementation/enforcement challenges. Recommendations included: (1) creating a PEC-regulated public contractor database, (2) launching a public engagement campaign, (3) developing a network of ethics commissions for information sharing, (4) mandating contribution certification from campaigns, (5) enhancing online training materials, and (6) instituting random campaign audits. Commissioners discussed the need for stronger enforcement and staffing, noting the PEC is comparatively understaffed (e.g., only one enforcement staff member handling 70 cases). Discussion Items - Measure W Implementation Update and Democracy Dollars Postponement: Executive Director Nicolas Heidorn reported that the City Council’s FY 2023-2025 budget eliminated funding for Democracy Dollars vouchers for 2024 but provided $525,000 in startup costs and a Program Manager position. The Commission voted unanimously (6-0) to postpone distribution and use of Democracy Dollars for the November 2024 election. Separately, the Commission voted unanimously (6-0) to direct staff to develop options for a limited public financing (LPF) program for the 2024 election cycle only, similar to the 2022 LPF program, using $155,000 in discretionary funds. - Subcommittee Reports: - Measure W Implementation Subcommittee (Chair Arvon Perteet): Disbanded, as no further work is needed while Democracy Dollars are postponed. - Measure W Equity and Outreach Subcommittee (Chair Charlotte Hill): To continue meeting after the commission’s retreat, with potential to broaden focus to general outreach. - Transparency and Public Records Subcommittee (Chair Francis Upton IV): Commissioner Alea Gage was added to the subcommittee. The subcommittee plans to meet July 24. Key Outcomes - Minutes Approved (4 ayes, 2 abstentions). - 2022 Annual Report Approved (6-0) with minor editorial corrections. - Democracy Dollars Postponement for 2024 (6-0). - Limited Public Financing Exploration directed for 2024 (6-0). - Disbanded Measure W Implementation Subcommittee. - Appointed Commissioner Gage to Transparency Subcommittee. - Upcoming Retreat: Scheduled for August 24, 2023, 3–8 p.m., to set annual priorities. - Enforcement Update: In litigation, a contempt motion was granted against a respondent for failing to comply with a subpoena, resulting in $2,454 in attorney’s fees and $1,500 in court sanctions.

The Oakland Public Ethics Commission (PEC) held a regular meeting on Wednesday, June 14, 2023, at 6:30 p.m. in Hearing Room 1 at City Hall. Commissioners present were Chair Ryan Micik, Vice Chair Charlotte Hill, Alea Gage, and Francis Upton IV; Commissioners Arvon Perteet and Vincent Steele were absent. The meeting included discussions on Measure W implementation, public records mediation improvements, enforcement confidentiality rules, and a special presentation by former law clerk Chris Nardi. The meeting was briefly recessed for 15 minutes so Chair Micik could speak at a concurrent City Council budget session. Consent Calendar - Approval of Minutes (May 10, 2023): The Commission voted 4-0 to approve the draft minutes of the May 10 regular meeting. Public Comments & Testimony - No public comments were made during Open Forum or on any agenda item. Discussion Items - Mediation Process – Presentation by Chris Nardi: Former law clerk Chris Nardi presented findings on public records request mediations, noting that 14 of 15 pending mediations alleged unlawfully delayed responses, and that electronic data requests (EDDR) from ITD take about two months to process. He compared Oakland’s process to those of San Francisco and San Jose, recommending short-term backlog clearance, medium-term root cause analysis, and long-term enhancement of the Open Government Coordinator role. Commissioners discussed improving department responsiveness, technology innovations, and public outreach. - Measure W Implementation – Oakland Fair Elections Act: Lead Analyst Suzanne Doran reported that the Mayor’s proposed budget allocated $525,000 for startup costs but postponed the Democracy Dollars voucher program to 2026. Staff advocated for a scaled-down pilot program in 2024 using limited public financing (LPF). Councilmember Kalb proposed an at-large pilot with one staff member, but staff said it would require 3–4 full-time employees to be viable. Chair Micik and Vice Chair Hill highlighted their op-ed in the SF Chronicle supporting a pilot. The Commission expressed consensus to pursue funding for an LPF pilot for the 2024 election and to support a program manager position. - Subcommittee Reports: - Measure W Implementation Subcommittee (Upton, Micik, Perteet): Supported the LPF pilot and program manager; plans to draft ordinance language for September City Council. - Measure W Equity and Outreach Subcommittee (Hill, Gage, Steele): Held discussions on outreach but are waiting for budget clarity before proceeding. - Transparency and Public Records Subcommittee (Upton, Perteet): Met to review data on requests and plan further inquiries with departments; next meeting June 26. - Enforcement Case Confidentiality and Election-Related Complaints: Enforcement Chief Simon Russell led a discussion on current confidentiality rules and options for handling complaints during elections. Three options were presented: (1) delaying notification of investigation to complainants until after an election; (2) requiring a 10-business-day preliminary review of election-related complaints; (3) creating a permanent enforcement subcommittee to approve investigation decisions. Commissioners expressed interest in option 1 but noted legal constraints; option 2 was seen as impractical given staffing; option 3 was not favored. The topic will be revisited during the August retreat. - Disclosure and Engagement: Lead Analyst Doran noted a Special Election for OUSD District 5 on November 7, 2023, adding two pre-election deadlines. Staff are updating candidate materials to reflect new rules under Measure W (disclaimer requirements, lower contribution limits). The Commission discussed social media engagement and potential tabling at events like Art & Soul. - Enforcement Program Update: Chief Russell reported hiring Garrett Micheels as an exempt limited duration Ethics Investigator. The enforcement caseload stands at 72 matters, with 38 on hold. One dismissal (Case 23-13) was withdrawn due to new evidence; another (Case 23-18, East Oakland Community Project) was dismissed for lack of jurisdiction. The Commission acknowledged the staffing shortage and expressed hope for budget support for an additional investigator, as proposed by Councilmember Ramachandran. - Executive Director’s Report: Executive Director Nicolas Heidorn reported that lobbyist registration fees ($500 annual, $10 per day late fee) passed first reading at City Council on June 6 and are expected for final adoption June 20. Open mediations dropped from 24 to 16, thanks to law clerk Chris Nardi. Budget amendments to fund a program manager and an additional investigator are under consideration. - Future Meeting Business: The Commission plans to hold its annual retreat in August, with dates to be finalized by email. Key Outcomes - Measure W Pilot: The Commission directed staff to pursue a limited public financing (LPF) pilot for the 2024 election and secured support from Council President Bas’s budget team for a program manager. The City Council will adopt the final budget on June 26. - Mediation Backlog: The PEC reduced open mediations from 24 to 16 due to focused staff efforts. The Transparency Subcommittee will continue analyzing departmental responsiveness. - Lobbyist Fee: Approval of the lobbyist registration fee appears likely; staff will bring back ordinance amendments and a waiver policy for nonprofits. - Enforcement Process: No formal changes were voted on. The Commission will discuss confidentiality and election-related complaint procedures at the August retreat. - Personnel: Garrett Micheels joined as an investigator. The Commission hopes to fill additional investigative positions pending budget approval.

The Oakland Public Ethics Commission (PEC) held its regular meeting on Wednesday, May 10, 2023, at 6:30 p.m. in Hearing Room 1 of City Hall. The meeting focused on the implementation of Measure W (Oakland Fair Elections Act), including a major discussion on budget cuts and a proposed scaled-down pilot program, along with updates on enforcement, disclosure, and subcommittee work. Commissioners also welcomed a new permanent Executive Director, Nicholas Hydorn. Consent Calendar - Approval of Minutes: The Commission unanimously approved the draft minutes from the April 12, 2023 regular meeting (6-0 vote). Public Comments & Testimony - Maven Carter Griffin (Wood Street People's Collective, Homeless Action Working Group) expressed the need for outreach to the unhoused community to enable participation in campaigns and voting, and highlighted the challenges of civics engagement amidst encampment sweeps. - Gail Wallace (League of Women Voters, BayPEC Coalition) reaffirmed the coalition's support for partial implementation of Measure W, noting meetings with Council President and ongoing work on education, modeling, and costing. She emphasized momentum from the 74% voter approval and potential philanthropic resources for outreach. - Bether Nendez (California Common Cause, co-chair of Berkeley City Bear Campaign Political Practices Commission) expressed enthusiasm for a pilot program, offering the coalition's partnership on research, outreach, and capacity building. She noted that Berkeley recently expanded its public financing program. Discussion Items Measure W Implementation – Oakland Fair Elections Act Acting Executive Director Suzanne Doran reported that the Mayor's proposed budget for FY 2023-25 included only $500,000 total for Measure W, far below the $8 million needed for a full launch. The Commission discussed a scaled-down pilot covering only the four city council districts up for election in 2024, with a projected cost of $3.1 million (a gap of $2.6 million). Key risks included tight timelines, staff turnover, a ransomware attack, and a hiring freeze. Staff recommended pursuing the pilot if funding could be secured, with a focus on paper vouchers, a simple website, and reliance on community partners for outreach. Commissioners debated the merits of a pilot versus postponing to 2026. Commissioner Upton proposed a pilot for all council districts, not just one, to avoid inequity. Commissioner Gage emphasized the program's equity goals and warned against accepting a pilot that might become permanent. Commissioner Steele supported moving forward with the scaled-down version given the deadline. The Commission reached a consensus to direct staff to seek funding from the City Council for a pilot covering the four council districts and additional staff for a successful 2026 rollout. Enforcement Program Report Enforcement Chief Simon Russell reported a caseload of 70 matters, with only one investigative staff member (himself) due to a long-standing vacancy. He announced that Enforcement would begin placing some matters on indefinite hold due to a severe staffing shortage, using criteria such as public interest, evidence availability, and resources already invested. He noted that even with a new investigator expected soon, a minimum of four staff is needed. Commissioner Upton suggested exploring technology (e.g., AI) to assist with document review, and Commissioner Steele asked about using interns. The Chief confirmed past use of interns and welcomed advocacy for more funding. Disclosure and Engagement Report Commission Analyst Ana Lara-Franco summarized compliance activities: 33 requests for advice from January to April, 46 new employees trained on the Government Ethics Act, 10 of 11 elected officials filing Form 700 on time, and an advisory sent on April 27 about Measure W changes. She noted that campaign finance committees failing to file were referred to the FPPC. Commissioner Gage asked about tracking click-through rates on the advisory; staff will follow up. Executive Director’s Report Acting Director Doran reported 24 open public records mediations, including two closed mediation summaries (M2020-09 and M2020-11) provided in the packet. She thanked staff and announced the addition of lobbyist registration fees to the Master Fee Schedule (pending council approval). Commissioner Upton asked about the limits of mediation in investigating withheld records; Enforcement Chief Russell explained that mediation relies on good faith, but enforcement can open a case if there is evidence of deliberate withholding, though Sunshine Ordinance violations carry no penalties. The Commission noted the subcommittee will explore best practices. Subcommittee Reports - Transparency and Public Records Subcommittee (Chair Upton): Met on April 27; staff is working on improving mediation processes, publishing granular data on department responses, and engaging top departments (e.g., Planning, Police) to identify barriers. Commissioner Hill asked about ways commissioners can help; staff noted that direct mediation involvement is not practical, but data analysis and advocacy are helpful. - Measure W Equity and Outreach Subcommittee (Chair Hill): Met recently; drafted high-level outreach goals and talking points, and is prioritizing an outreach plan outline by May 19. The subcommittee aims to include the unhoused community and is partnering with Common Cause and other groups. - Measure W Implementation Subcommittee (Chair Perteet): Discussed the impact of the Mayor's budget proposal cutting funding, and the option of a scaled-down pilot. Staff presented a pilot costing $3.1 million, with a $2.6 million gap. New Executive Director Announcement Chair Micik announced the appointment of Nicholas Hydorn as the new permanent Executive Director. Hydorn, a former policy and legal director of Common Cause California and an Oakland native, introduced himself and expressed commitment to the PEC's mission. He will start the following week. Key Outcomes - Consensus on Measure W Pilot: The Commission directed staff to pursue funding from the City Council for a scaled-down pilot program covering the four council districts up for election in 2024, as well as additional staff funding for a successful 2026 rollout. The decision was a consensus, not a formal motion. - Enforcement Hold Policy: Enforcement Chief Russell will begin placing certain matters on hold due to staffing shortages, using criteria outlined in the report. The Commission acknowledged the situation and will consider long-term strategic planning at a future retreat. - Future Meeting Business: No specific items were proposed for the next meeting. Public comment was received regarding unhoused community issues and homelessness, but no action was taken.

The Oakland Public Ethics Commission (PEC) held its regular meeting on Wednesday, April 12, 2023, at 6:30 p.m. in Hearing Room 1 at City Hall. All six commissioners were present. The meeting addressed several action items including setting salaries for the City Attorney and City Auditor, approving minutes, and advancing lobbyist fee proposals. Discussions covered Measure W implementation, budget challenges, enforcement staffing, and subcommittee updates. Public Comments & Testimony - David Shore, Money and Politics Manager at Common Cause California, introduced himself and expressed enthusiasm for collaborating with the commission on Measure W and the Democracy Dollars program. Discussion Items - Approval of Minutes: The Commission approved the January 11, 2023 regular meeting minutes (4-0 vote, with two abstentions from Commissioners Gage and Steele who were not present at that meeting), the February 27-28, 2023 special meeting minutes (6-0), and the March 8, 2023 regular meeting minutes (5-0, with one abstention from Commissioner Upton due to technical issues). - City Attorney Salary (Resolution 23-04): The Commission unanimously adopted a resolution setting the City Attorney’s annual salary at $306,990.63, effective the first payroll period of Fiscal Year 2023-2024. The adjustment reflects a 15% differential above the highest paid subordinate in the office and comparability with Bay Area city attorney salaries, including a 2.5% negotiated wage increase effective July 2023. Vote: 6-0. - City Auditor Salary (Resolution 23-05): The Commission unanimously adopted a resolution setting the City Auditor’s annual salary at $213,137.51, effective the first payroll period of FY 2023-2024. The adjustment provides an 18% differential above the highest paid subordinate and aligns with Bay Area auditor salaries. Vote: 6-0. - Lobbyist Registration and Late Filing Fees: The Commission authorized staff to request that the City Council add a $500 annual lobbyist registration fee and a $10 per day late filing fee to the Master Fee Schedule, effective January 2024. Staff will develop a waiver policy for 501(c)(3) nonprofits and community-based organizations demonstrating hardship. Vote: 6-0. - Executive Director Recruitment: Chair Micik reported that the search for a permanent Executive Director is nearly complete, with an announcement expected at the May meeting. - Subcommittee Reports: - Transparency and Public Records Subcommittee (Upton, Perteet): Not yet met; staff has been working on mediation and public records improvements. - Measure W Equity and Outreach Subcommittee (Hill, Gage, Steele): Met to define goals, drafted talking points for commissioners, and launched a Measure W webpage with a subscription list and speaker request form. - Measure W Implementation Subcommittee (Perteet, Hill, Micik): Discussed budget constraints and delays from the February ransomware attack. Staff reported that the city requested over $2 million in cuts to the PEC’s budget, and a hiring freeze is in place through June 30, 2023. - Measure W Implementation Update: Acting Executive Director Doran provided a timeline: the program is scheduled to launch in January 2024 with Democracy Dollars distributed by April 1, 2024. Challenges include a citywide $120 million operating deficit, slowed IT and finance processes due to the ransomware attack, and a 43% vacancy rate in PEC staff. The commission will participate in a SPUR panel on April 20. - Disclosure and Engagement: Analyst Ana Lara-Franco reported that staff trained 86 new employees in February and March, conducted a Form 700 training for 24 employees, and published an advisory on SB 1439 (pay-to-play restrictions). The lobbyist registration portal is back online after the ransomware attack. - Enforcement Program: Chief Simon Russell reported 66 total active matters, including 5 formal complaints (1 opened for investigation, 4 under preliminary review), 21 informal complaints (15 rejected, 6 under review), and 3 proactive complaints. New part-time law clerk Chris Nardi has been hired to assist with legal analysis and mediation. - Executive Director’s Report: Acting Director Doran highlighted the hiring of Chris Nardi and new Commission Assistant Chris Gonzales, who started April 1. The mediation program has 27 open mediations; a backlog reduction plan is underway. The city’s hiring freeze and budget shortfall continue to impact staffing; a hardship exception request for temporary hires has been submitted. - Future Meeting Business: Commissioner Perteet raised concerns about potential conflicts of interest where vendors might gain unfair advantage by partnering with outreach organizations. The Deputy City Attorney advised case-by-case review and offered conflict training for commissioners. The commission agreed to be vigilant about transparency in communications. Key Outcomes - Approved minutes for January 11, February 27-28, and March 8, 2023. - Adopted Resolutions 23-04 and 23-05 setting the City Attorney salary at $306,990.63 and the City Auditor salary at $213,137.51, effective FY 2023-2024. - Authorized staff to propose adding a $500 annual lobbyist registration fee and $10/day late fee to the Master Fee Schedule, with a waiver policy to be developed. - Executive Director recruitment to be resolved by May 2023. - Subcommittees will continue work on Measure W outreach, implementation, and transparency. - Enforcement program continues with 66 cases; new hires are assisting. - Budget proposal under review; city facing $120 million general fund deficit.

The Oakland Public Ethics Commission (PEC) held its regular in-person meeting on Wednesday, March 8, 2023, beginning at 6:30 p.m. in Hearing Room 1 at Oakland City Hall. Present were Chair Ryan Micik, Vice-Chair Charlotte Hill, and Commissioners Alea Gage, Arvon Perteet, and Vincent Steele; Commissioner Francis Upton IV joined by telephone. Staff included Acting Executive Director Suzanne Doran, Commission Analyst Ana Lara-Franco, Enforcement Chief Simon Russell, an intern, and Deputy City Attorney Trish Shafie. The agenda included approval of prior meeting minutes, subcommittee and staffing updates, Measure W implementation, disclosure and engagement, enforcement litigation activity, the Executive Director’s monthly report, and a closed session on selecting the next Executive Director. Action Items: Meeting Minutes - The January 11, 2023 regular meeting minutes, which had been carried over because of a quorum issue at the February 15 special meeting, were approved 4-0. Commissioners Gage and Steele abstained because they had not been seated at the January meeting. - The February 15, 2023 special meeting minutes were approved unanimously after an amendment changed Vice-Chair Hill’s arrival time on page one from 7:46 p.m. to 7:54 p.m. Public Comments & Testimony - Gail Wallace introduced herself at the open forum on behalf of the BayPac coalition, and the Chair deferred her comments to the Measure W discussion so they could be addressed in context. - During the Measure W discussion, Ms. Wallace, also representing the League of Women Voters of Oakland, said BayPac supports the PEC’s work and wants first-year success to be treated as one stage in a longer process. She listed three priorities: outreach to Oakland’s diverse communities through multiple languages and partners, thorough candidate training, and a smooth interface for residents and candidates. She also recommended tracking district-level voter participation and first-time local donors, and using both quantitative and qualitative data, including candidate and participant interviews. Wallace said BayPac would keep submitting comments as the program develops. Discussion: Subcommittee and Commissioner Assignments - The Executive Director Selection Subcommittee was disbanded because its selection work was complete and decision-making had moved to the full Commission. - The Commission disbanded the existing Outreach Subcommittee and formed a new Measure W Equity and Outreach Subcommittee to build an equity-driven community engagement and education plan for Democracy Dollars. Vice-Chair Hill agreed to chair it, and other commissioners volunteered. - The Commission also formed a Sunshine and Public Records Request Subcommittee to assist with mediation, public-record request processes, and recommendations for improving city responses. Commissioner Upton agreed to lead it, and Commissioner Perteet volunteered to serve. - On the existing Measure W Implementation Subcommittee, Chair Micik joined the group; Commissioner Upton agreed to step aside temporarily and later said he would be happy to rejoin. The working arrangement was not fully finalized because of a meeting-quorum issue and was expected to be revisited when all commissioners could attend in person. Discussion: Measure W Implementation and Democracy Dollars Program - A staff memorandum updated the Commission on Measure W, the Oakland Fair Elections Act passed by voters on November 8, 2022. - The Commission’s budget proposal was submitted to the City administration on February 21, 2023, requesting full funding for the Democracy Dollars program and five new PEC staff positions. The city budget process will go to the City Council in May. - Staff has drafted a business-requirements document for the Democracy Dollars technology system and is working to issue a Request for Information (RFI) and Request for Proposal (RFP) to potential vendors. - The implementation timeline includes a preliminary phase in 2023 and a launch phase in 2024. It calls for Democracy Dollars vouchers to be distributed by April 1, 2024; candidates to apply in early 2024; and PEC staff to process vouchers and disburse funds from May through November 2024, followed by audit and performance evaluation. - The performance measures table in the staff memo was presented as a sample and not as a final set, and staff invited feedback on which metrics to track. - Commissioner Perteet expressed concern that the primary goal must be getting Democracy Dollars out to voters, not creating premature metrics, and he recommended a “pre-mortem” planning exercise for potential budget, hiring, or vendor delays. Other commissioners emphasized collecting baseline data, measuring both program input and outcome improvements, and considering a research or academic partner for evaluation. Discussion: Disclosure and Engagement Report - Campaign finance statements covering October 23 through December 31, 2022 had a January 31 deadline; 90 percent of active campaign committees filed, and outreach to four non-filers was continuing. - Lobbyist annual registrations and quarterly activity reports were due in late January. As of the report date, there were 63 registered lobbyists and 63 fourth-quarter reports on file, with three possible non-filers being contacted. - The report noted that the OakApps system and lobbyist registration portal were offline because of the city’s ransomware incident; staff said good-faith filing problems and paper back up would be considered. - Regarding Form 700 compliance, staff are working with the City Clerk and Human Resources to share data, update the conflict-of-interest code, and improve department-level action, especially after City administration rejected a Grand Jury recommendation to transfer Form 700 oversight to the PEC. - Commissioner Perte filed a cautionary request for the Commission to cooperate with city departments when possible and to avoid making a takeover recommendation without current sufficient resources. Discussion Item: Enforcement Program Report - Enforcement Chief Simon Russell said the ransomware attack had disrupted access to electronic case-load data, although he also confirmed he had recently regained access to the files and could work on cases again. A later report covering case trends since December 21, 2022 was still anticipated. - The Commission received the dismissal notice for Complaint No. 22-19: In the Matter of Carroll Fife. Enforcement staff found insufficient evidence or lack of jurisdiction on each allegation, including an alleged Form 700 reporting failure, alleged PPP fraud, and an alleged conflict of interest in a July 2022 vote. The complaint was dismissed, the case was closed, and the PEC took no action on it. - Enforcement litigation updates included: two matters against Mark Hung Tran and Margaret Tran, both dismissed at the PEC’s request; one case, City v. Charlie Ngo, had a March 29, 2023 hearing on contempt; and in the Matter discussed in the report, the presiding judge granted the PEC’s petition to enforce an investigative subpoena. The report noted that no allegations in pending cases had been proved or admitted. Discussion Item: Executive Director’s Report - Acting Executive Director Doran outlined 2023 priorities, including implementation of Measure W, public-records improvements, digital complaint forms, enforcement backlog reduction, and preparation of the Commission’s 2022 annual report. - Staff completed interviews and made offers for several positions, including an Administrative Assistant, a Temporary Investigator, and a Management Intern/Law Clerk. The hiring process was continuing. - Commissioner orientation for Alea Gage and Vincent Steele is planned. One PEC seat remains open and will be filled by appointment; references at the the Mayor’s office were continuing. - Staff has begun work on the salary-setting process for the City Attorney and City Auditor created by Measure X, and a phased memo to the Commission was planned. Key Outcomes - Approved the January 11, 2023 regular meeting minutes. - Approved the February 15, 2023 special meeting minutes, with the arrival-time amendment. - Disbanded the Executive Director Selection Subcommittee and the former Outreach Committee. - Established a Measure W Equity and Outreach Subcommittee, chaired by Vice-Chair Hill, and a Sunshine reports investigation and Public Records Requests Subcommittee led by Commissioner Upton was announced. - Agreed to continue developing Measure W performance metrics, procurement, staffing, outreach, and evaluation planning. - Moved into closed session under California Notice Code section 54957(b) to consider the appointment or employment of the next PEC Executive Director. No action was reported after the closed session, and the meeting then adjourned.

The Oakland Public Ethics Commission held a special meeting on February 28, 2023, from 6:30 p.m. to 8:30 p.m. via teleconference. The primary agenda items were to renew Resolution 23-03 authorizing virtual meetings under AB 361 and to hold a closed session to interview candidates for the vacant Executive Director position. All six commissioners were present, establishing a quorum. Virtual Meetings Resolution (Item 4) - The Commission reviewed and took action to adopt Resolution 23-03, which determines that conducting in-person meetings would pose imminent health risks due to COVID-19 and elects to continue teleconferenced meetings in accordance with California Government Code Section 54953(e). - No public comment was offered on this item. - Commissioner Hill moved to adopt the resolution, seconded by Commissioner Perteet. Closed Session (Item 5) - The Commission entered closed session pursuant to Government Code Section 54957(b) to discuss the recruitment and appointment process for the next Executive Director. No action was reported from closed session during the open portion of the meeting. Key Outcomes - Resolution 23-03 adopted unanimously (6-0): Chair Micik, Vice Chair Hill, Commissioners Gage, Perteet, Steele, and Upton all voted aye. - The meeting adjourned following the closed session, with no additional open-session business conducted.

This two-day special meeting (February 27–28, 2023) of the Oakland Public Ethics Commission was held via teleconference. The primary business was to adopt a resolution to continue virtual meetings under AB 361 and to conduct closed‑session interviews for the vacant Executive Director position. Discussion Items - Virtual Meetings Resolution (Resolution 23-03): On February 27, the Commission had already adopted a resolution determining that in‑person meetings pose imminent risks to attendees’ health due to COVID‑19, thereby electing to continue conducting meetings via teleconferencing in accordance with California Government Code Section 54953(e). The resolution cites ongoing state and local emergencies, CDC guidance on distancing and high‑risk populations, and the inability of City facilities to ensure adequate ventilation and distancing. - Closed Session – Executive Director Recruitment: On February 28, the Commission met in closed session pursuant to Government Code Section 54957(b) to consider the appointment or employment of the next Executive Director. Interviews were conducted with candidates. Key Outcomes - Resolution 23-03 was adopted (exact vote tally not available from the record; the resolution was approved on February 27). - The Commission concluded its closed‑session interviews; no public announcement of a selection was made. - The next regular meeting was scheduled for March 8, 2023, to be held in person. No public comments were received during either day of the meeting. No other action items were considered.