The Public Ethics Commission (PEC) of Oakland held its regular meeting on Wednesday, January 11, 2023, at 6:30 p.m. via teleconference, in accordance with a renewed virtual-meeting resolution under AB 361. All five commissioners were present (Arvon Perteet, Ryan Micik, Charlotte Hill, Joseph Tuman, Francis Upton IV), establishing a quorum. The Commission renewed Resolution 23-01, approved the December 14, 2022 minutes, elected officers, selected two new commissioners, and received year-end reports on disclosure, enforcement, and executive director activities. Public comment was received on several items, primarily from Ralph Cannes. Public Comments & Testimony - Ralph Cannes, under Open Forum, stated that the Commission had committed a Brown Act violation at its September 14, 2022 meeting and had not performed a "cure and correct." He said he had contacted the City Attorney's office three times without response and that an attorney had opined the violation was clear. He urged the Commission to admit the mistake and correct it. - During new commissioner selection, Mr. Cannes commented that the process had not been sufficiently public, said he only felt comfortable with Nardi, and expressed concern that Steele worked for Alameda County Supervisor Keith Carson, a political position that could create ethical conflicts. - On subcommittee/executive director recruitment, Mr. Cannes urged that the entire executive director search be conducted in public, asserting there was no legal requirement for closed session and noting a past failure to report results. - On transparency/public records, Mr. Cannes said the Commission needed to address the recodification of the California Public Records Act and update website legal references. Preliminary Action Items Virtual Meetings Resolution 23-01 The Commission reviewed Resolution 23-01, which determines that in-person meetings would pose imminent health risks and elects to continue teleconference meetings under AB 361. Chair Perteet at one point referred to "Resolution 22-01," but the resolution and agenda identify it as 23-01. Motion by Upton, seconded by Tuman. Vote: pass 5-0. Approval of Minutes Minutes of the December 14, 2022 regular meeting were approved. Micik moved, seconded by Upton; vote 5-0. Commissioner Hill noted the minutes were more expansive in response to feedback. Election of Officers - Nominations: Micik nominated for Chair by Perteet; accepted. Hill nominated for Vice-Chair by Perteet, seconded by Tuman; accepted. - Public comment: none. - Motions and votes: Micik elected Chair 5-0; Hill elected Vice-Chair 5-0. New Commissioner Selection - Process: PEC received 8 applications, conducted interviews, selected 4 finalists; 3 accepted (Alea Gage, Chris Nardi, Vincent Steele). Each given 4 minutes to introduce themselves, followed by questions. - Candidate presentations summarized: Gage is a city planner with experience in participatory budgeting and wants to work on Measure W. Nardi is a first-year law student with public records expertise. Steele is a policy analyst for Alameda County with organizing background. - Public comment: Mr. Cannes expressed concerns as above. - Voting: First seat: Gage received 3 votes, a majority; second seat: Steele received 4 votes. Nardi was not selected. A formal motion to seat Gage and Steele passed 5-0. Terms begin January 22, 2023. Discussion Items Subcommittee Reports - Outreach Subcommittee (Upton, Hill): No new actions; will resume in March; coordinated with Measure W. - Recruitment Subcommittee (Micik, Hill, Upton): Reported successful recruitment effort; disbanded. - Measure W Implementation Subcommittee (Perteet, Hill, Upton): Met Monday; staff is on track with hiring, budget, and technology planning; panel with SPUR in April; informational videos planned. - New Executive Director Recruitment Subcommittee: Created with Micik (Chair), Perteet, Upton; 19 applications received; will meet soon to narrow candidates and may schedule closed-session interviews. Executive Director Recruitment - Update: 19 applications received. Subcommittee formed to narrow field. Commissioner Tuman offered advice to focus on public ethics qualifications rather than political experience. Public comment from Cannes urging public process. Transparency and Public Records Requests - Discussion only; no action taken. Chair Perteet requested the item be kept on the agenda. Public comment from Cannes about the Public Records Act recodification. Disclosure and Engagement (Year-End) - Ana Lara-Franco presented the 2022 year-end report. Key stats: 103 active political committees; 1,000 campaign filings processed; $910 in late fees; 6,500+ contributions reviewed; 65 registered lobbyists; 283 quarterly lobbyist reports; all 11 elected officials filed Form 700; 15 behested payments totaling $1,935,000; 305 requests for advice, assistance; OpenDisclosure had nearly 6,500 new users and 21,000+ pageviews; 5 new mediation requests, 10 completed. - Commissioner Hill praised the report. Enforcement Report (Year-End) - Simon Russell presented. Key stats: 51 open cases; 18 formal complaints received; 9 dismissed, 9 under review; 4 investigations from informal complaints; 8 proactive investigations; 7 investigations moved to legal analysis; 3 cases resolved with penalties (including Kaplan $19,000); one probable cause finding; two cases headed to administrative hearings. He noted that due to staffing shortages (only Enforcement Chief, no investigator), 50% clearance rate; at minimum 4-5 staff needed. - Discussion about technology and Measure W. Executive Director's Report - Suzanne Doran summarized 2022 accomplishments: all five strategic priorities achieved; acknowledged Commissioner Tuman's service; noted upcoming work with UC Berkeley Goldman School on SB 1439/pay-to-play; 2023 priorities to be developed. Future Meeting Business - Outgoing Chair Perteet thanked the Commission. Commissioner Tuman gave farewell remarks, encouraging in-person meetings when safe. Future agenda topics to be set by new Chair Micik. Key Outcomes - Resolution 23-01 passed 5-0 (teleconference meetings authorized). - Dec 14, 2022 minutes approved 5-0. - Ryan Micik elected Chair, Charlotte Hill elected Vice-Chair for 2023-2024. - Alea Gage and Vincent Steele selected and seated as new commissioners (5-0), terms beginning Jan 22, 2023. - Recruitment Subcommittee disbanded. - Executive Director Recruitment Subcommittee formed (Micik, Perteet, Upton). - The Commission will continue to discuss public records responsiveness and monitor personnel and Measure W implementation.
Public Meetings - Oakland, California
Public Meetings - Oakland, CaliforniaThe Oakland Public Ethics Commission held its regular meeting on December 14, 2022, from approximately 6:30 p.m. to 9:03 p.m. via teleconference. Key actions included renewing the virtual meetings resolution, closing a series of ticket-distribution enforcement cases from 2016, approving a $19,000 settlement with Councilmember Rebecca Kaplan for conflict-of-interest and disclosure violations, and discussing the implementation of Measure W (Democracy Dollars) and other transparency initiatives. Consent Calendar - Approval of November 9, 2022, Meeting Minutes: Approved 4-0 with one abstention (Commissioner Upton, absent). Public Comments & Testimony - Open Forum: Multiple speakers addressed the commission. A speaker (Ms. Boyce) expressed concern about closed equity working group meetings for the General Plan update, stating they violate the Brown Act. Gail Wallace (League of Women Voters) urged the commission to prioritize the executive director search and extend the application deadline past January 2. Ralph Kanz criticized the lack of public policies for selecting commissioners and the executive director, and questioned the handling of public records requests. A homeless advocate reported alleged harassment and a closure order at a park. - On Virtual Meetings Resolution: Speakers expressed mixed views on remote meetings, with one citing accessibility issues and another citing safety concerns. - On Ticket Cases Closure: Some public commenters criticized the decision to close cases without penalties, arguing it looks like politicians getting off easy. Others supported the closure given policy improvements. - On Kaplan Settlement: Speakers expressed varied opinions, with some believing the penalty insufficient given Kaplan’s experience, and others viewing the settlement as appropriate. - On Recruitment Subcommittee: Ralph Kanz noted the police commission holds public interviews, and urged the PEC to do the same. - On Measure W: Gail Wallace expressed the League's support and offered coalition resources. - On Executive Director Search: Ralph Kanz criticized the lack of a public process and suggested a special meeting. Discussion Items - Virtual Meetings Renewal (Item 4): The commission reviewed and renewed Resolution 22-01, allowing continued teleconference meetings due to the COVID-19 state of emergency. Staff noted plans to return to in-person or hybrid meetings in March 2023. - Closing Ticket Distribution Cases (Item 6): Enforcement Chief Simon Russell presented a recommendation to close nine enforcement cases (PEC Case Nos. 16-08a through i) regarding free tickets to Oracle Arena and Oakland Coliseum events from 2015-2016. He cited a new stricter ticket policy adopted in May 2022, improved compliance, and the systemic nature of the issues. Commissioners discussed accountability and precedent, with some emphasizing that naming the officials in the report provided deterrence. The motion passed 5-0. - Rebecca Kaplan Settlement (Item 7): The commission considered a stipulated agreement for Councilmember Kaplan’s failure to timely report a condominium interest on her Form 700 and for voting on Estuary Park improvements near that property. Staff recommended a $19,000 penalty. Commissioners debated whether her conduct was negligent or reckless, given her experience as a lawyer and elected official. The settlement was approved 5-0. - Subcommittee Reports: The Outreach Subcommittee (Upton, Hill) reported no recent activity. The Recruitment Subcommittee (Micik, Hill, Upton) identified four finalists for two commissioner vacancies; finalists will present at the January meeting. - Creation of Measure W Ad Hoc Subcommittee: Chair Perteet proposed an ad hoc committee to oversee implementation of the new Democracy Dollars program. Commissioners Upton and Hill volunteered; the committee will begin work in January. - Transparency and Public Records Requests (Item 11): Commissioner Upton discussed efforts to analyze citywide public records compliance and suggested the PEC serve as a model. - Limited Public Financing Program 2022 Summary (Item 9): Staff reported that 90% of available funds ($159,038 of $177,000) were distributed to five candidates in the 2022 election. This was the final cycle for the current program before Measure W takes effect. - Measure W Implementation Update (Item 10): Staff presented a timeline for the new Democracy Dollars program, noting a tight schedule with funding and staffing effective July 2023. Commissioners emphasized the need for robust outreach and technology development. - Executive Director’s Report (Item 14): Acting ED Suzanne Doran reported on staffing changes (promotion of Simon Russell to Enforcement Chief, Ana Lara-Franco to Commission Analyst), and the search for a new Executive Director (posting now live). Discussion included whether to use an executive search firm or extend the January 2 deadline. Chair Perteet preferred to wait for applicants before deciding. Key Outcomes - Approved (4-0): Renewal of Resolution 22-01 for virtual meetings. - Approved (5-0): Closing of nine ticket-related enforcement cases (16-08 series) with no further action. - Approved (5-0): Settlement with Rebecca Kaplan (Case 20-40) imposing a $19,000 penalty for five counts (failure to disclose property interest and conflict of interest). - Created: Ad hoc Measure W Implementation Subcommittee (Perteet chair, Upton and Hill members). - Noted: Four finalists for two commissioner vacancies will present at the January 11, 2023 meeting. - Scheduled: Election of new Chair and Vice-Chair for 2023 at the next meeting. - Future Topics: Commissioner Mitchell requested review of policies for handling investigations of candidates and media inquiries. Commissioner Perteet requested update on Form 700 transfer duties from City Clerk to PEC.
The Public Ethics Commission (PEC) met by teleconference on Wednesday, November 9, 2022, at 6:30 p.m. Commissioners present: Chair Arvon Perteet, Vice Chair Ryan Micik, Charlotte Hill, and Joseph Tuman. Commissioner Francis Upton IV was absent. The commission voted 4-0 to renew virtual meeting authority via Resolution 22-01, approved the October 12, 2022 meeting minutes (4-0), and adopted the 2023 regular meeting schedule (4-0). The central action item was a reconsideration request from the City Clerk's Office regarding the transfer of Form 700 (Statement of Economic Interests) filing duties; after debate, the commission voted 3-1 to affirm its original recommendation that the filing officer function be transferred from the City Clerk to the PEC. Consent Calendar - Virtual Meetings Resolution (Item 4): Unanimously approved (4-0) renewal of Resolution 22-01, finding that in-person meetings continue to pose imminent health risks from COVID-19 and authorizing teleconference meetings per AB 361. - Meeting Minutes (Item 5): Approved the draft minutes from the October 12, 2022 regular meeting (4-0). - 2023 Meeting Schedule (Item 6): Adopted a schedule of regular meetings on the second Wednesday of each month at 6:30 p.m. in Hearing Room 1, with teleconference if restrictions continue. Public Comments & Testimony - Open Forum: No public speakers. - City Clerk's Reconsideration (Item 7): City Clerk Asha Reed and Assistant City Clerk Brittany Davis presented a memorandum and supplemental materials detailing staffing challenges, corrective actions (e.g., mandatory NeoGov field, citywide onboarding checks), and a request to retain Form 700 filing duties. Reed argued that the function logically belongs under the City Administrator's umbrella and that with adequate staffing and collaboration with the PEC, compliance can improve. - Recruitment Subcommittee (Item 8b): Eight applications were received for two commissioner vacancies; seven candidates were invited for subcommittee interviews. No public comment. - Election Results (Item 9): A public commenter criticized the handling of a complaint during the election period and urged creation of a formal policy. - Administrative Hearing Training (Item 10): A public commenter stated that the training recording should have been included in the agenda packet as an agenda-related material, calling it an oversight. - Transparency & Public Records (Item 11): A public commenter asserted that the PEC is not responding appropriately to public records requests and recommended outside training. Discussion Items - City Clerk's Reconsideration of Form 700 Transfer (Item 7): The commission heard presentations from City Clerk Reed, Acting Executive Director Suzanne Doran, and Deputy City Attorney Trish Shafie. Reed outlined the clerk's compliance plan: mandating the Form 700 field in NeoGov, adding Form 700 to citywide onboarding/offboarding checklists, and creating targeted training. Commissioners debated the merits of keeping duties with the clerk versus transferring to PEC. Commissioners Micik and Hill favored transfer for enforcement efficiency; Chair Perteet expressed concern about PEC capacity, especially with upcoming implementation of Measure W (democracy dollars), and proposed a two-year trial with performance review. After a straw poll showing division, a formal motion by Commissioner Micik to affirm the original recommendation to agree with the Grand Jury's recommendation (to transfer) passed 3-1, with Chair Perteet voting no. The commission thus maintained its position supporting transfer. - Subcommittee Reports (Item 8): Outreach Subcommittee (Upton/Hill) postponed meetings until after recruitment. Recruitment Subcommittee (Micik/Hill/Upton) confirmed seven candidates will be interviewed, with finalists presented at the December meeting. Chair Perteet suggested creating an ad hoc subcommittee for Measure W implementation but deferred to December. - Election Results (Item 9): Staff reported that measures W and X appeared to have passed; Measure W adds a democracy dollars program and Measure X involves setting salaries for the City Attorney and Auditor. Discussion was brief. - Administrative Hearing Training Review (Item 10): Commissioners reviewed a recorded training on hearing procedures. Vice Chair Micik asked about criteria for selecting hearing panels; Acting Enforcement Chief Simon Russell explained factors include cost, complexity, and commissioner availability. Commissioner Hill asked about cross-examination; Russell clarified that questions must go through the hearing officer who exercises discretion on relevance. Commissioner Micik recommended all commissioners watch recordings of past hearings. - Transparency & Public Records (Item 11): Scheduled for discussion but not extensively addressed; deferred to future meetings as requested by Commissioner Upton. - Disclosure and Engagement (Item 12): Lead Analyst Doran noted the report was written; no additional comments. - Enforcement Program (Item 13): Russell presented an updated case status report: 53 open cases (8 preliminary review, 22 investigation, 10 legal analysis, 11 seeking settlement, 2 administrative hearing). He introduced two new categories—"Seeking Settlement" and "Administrative Hearing"—replacing "Resolution Pending" for greater transparency. Also added a new "Legal Actions" subsection reporting court filings, including a petition to enforce a subpoena and contempt proceedings. - Executive Director's Report (Item 14): Acting ED Doran announced that the new Administrative Analyst I position has been filled and the Enforcement Chief recruitment is close to finalizing an offer. She thanked staff for producing the Administrative Hearing training video, now posted on YouTube. - Future Meeting Business (Item 15): Chair Perteet indicated the Measure W subcommittee creation will be revisited at the December meeting. Key Outcomes - Resolution 22-01 (Virtual Meetings) renewed 4-0. - October 12, 2022 minutes approved 4-0. - 2023 Meeting Schedule approved 4-0. - Form 700 Transfer Recommendation affirmed 3-1: the commission will continue to recommend to the Alameda County Grand Jury and the City that filing officer duties be transferred from the City Clerk's Office to the PEC. The original draft response to the Grand Jury will stand. Chair Perteet pledged strong collaboration with the Clerk's Office in the interim and urged the commission to take concrete steps (charter/code amendment) rather than a passive recommendation. - Commissioner Recruitment: Seven candidates will be interviewed by the subcommittee; finalists will be considered by the full commission in December. - Enforcement Chief hiring is near completion; an offer is expected within days. - Administrative Hearing training completed; recording available on PEC website and YouTube. - The next regular meeting is scheduled for December 14, 2022.
The Public Ethics Commission (PEC) held its regular meeting on October 12, 2022, at 6:30 p.m. via teleconference. The meeting covered renewal of virtual meeting authority, approval of minutes, updates on subcommittees, and reports on disclosure, enforcement, and executive priorities. Commissioners also discussed a proposed new subcommittee on public records transparency and formed a recruitment subcommittee. Public Comments & Testimony - No public comments were made during the meeting. Discussion Items - Virtual Meetings Renewal: The Commission renewed Resolution 22-01, determining that in-person meetings pose imminent health risks due to COVID-19, and authorizing continued teleconference meetings under AB 361. Chair Perteet expressed a desire to eventually return to in-person meetings, but Executive Director Johnson noted that City Hall remains closed to the public and that staff is planning for in-person meetings starting January 2023. The resolution passed 4-0 (Commissioner Tuman absent). - Approval of Minutes: - August 24, 2022 Special Meeting Minutes: Approved unanimously 5-0. - September 14, 2022 Regular Meeting Minutes: After discussion, Chair Perteet abstained because he was absent from that meeting. Following a procedural motion to allow the abstention (approved 5-0), the minutes were approved 4-0 with one abstention. - Subcommittee Reports: - Enforcement Subcommittee: Chair Perteet reported that the subcommittee had completed its work on hearing officer training. The training will be provided as a recorded video by October 14, with a Q&A session at the November 9 meeting. The subcommittee was sunsetted, with the understanding that it could be reconstituted if needed after a permanent Enforcement Chief is hired. - Outreach Subcommittee: Commissioner Upton, subcommittee chair, proposed closing the subcommittee, but after discussion, the Commission agreed to continue it as an evergreen committee focused on ongoing public outreach and education, not just recruitment. The subcommittee will continue to coordinate commissioner participation in community events. - Proposed New Subcommittee on Public Records Transparency: Commissioner Upton requested a subcommittee to improve department disclosure systems, especially for Oakland Police Department records. Commissioners discussed the scope, with Chair Perteet favoring a holistic approach covering all departments. Staff expressed concerns about workload and existing unfinished projects. The decision was tabled until the November 9 meeting, but Commissioner Upton agreed to present research on other municipalities' practices at that meeting. - Commissioner Recruitment Subcommittee: With five applications received (deadline extended to October 31), a new subcommittee was formed to review applications and conduct interviews. Vice Chair Micik will chair, with Commissioners Hill and Upton as members. - Disclosure and Engagement Report (Item 7): Lead Analyst Suzanne Doran presented the report. Highlights included: five candidates qualified for the Limited Public Financing Program (LPF), each eligible for up to $35,400; the Open Disclosure and Show Me the Money tools are active with about 4,000 users this election cycle; staff conducted an ethics check-in with Councilmember Reid's office; and 42 new employees received ethics training in September. The report also noted that outreach events via the PEC Roadshow have faced scheduling and technical issues. - Enforcement Program Report (Item 8): Acting Enforcement Chief Simon Russell reported 49 open cases: 6 in preliminary review, 20 under investigation, 10 in legal analysis, and 13 pending resolution (settlement or hearing). He noted that the hearing officer training will allow more cases to proceed to hearing. He also provided updates on 2022 goals: two settlements brought to the Commission so far, and efforts to resolve outstanding 2016-2017 cases. - Executive Director's Report (Item 9): Executive Director Johnson highlighted staffing updates: the Enforcement Chief recruitment was extended to October 21 due to few qualified applicants; the new Administrative Analyst I position is in the interview process; and a temporary investigator position was paused due to funding constraints. The hearing officer training recording will be available by October 14. Commissioner Upton requested clearer differentiation between mandatory statutory work and discretionary projects in future goal-setting documents. Staff agreed to discuss this at a future retreat. - Future Meeting Business (Item 10): The Commission agreed to include a discussion item on the November 9 agenda to review the outcome of the November 2022 election and its implications for PEC priorities. Key Outcomes - Resolution 22-01 (virtual meetings) renewed by a vote of 4-0. - August 24, 2022 minutes approved 5-0. - September 14, 2022 minutes approved 4-0 (with one abstention). - Enforcement Subcommittee sunsetted. - Outreach Subcommittee continued. - New subcommittee on public records transparency deferred to November 9 meeting. - Recruitment Subcommittee created (Micik, Hill, Upton) to screen and interview commissioner applicants. - Staff directed to include a discussion item on election results at the November 9 meeting. - Commissioner Upton to present research on other cities' self-service public records practices at the November 9 meeting.
The Oakland Public Ethics Commission (PEC) met via teleconference on Wednesday, September 14, 2022, at 6:30 p.m. Commissioners present: Ryan Micik (Chair), Charlotte Hill, Joseph Tuman, and Francis Upton IV. Chair Arvon Perteet was absent. The meeting addressed the renewal of virtual meeting authority, approval of minutes, subcommittee updates, disclosure and enforcement reports, and future business. Key actions included renewing Resolution 22-01 for virtual meetings, approving the August 10, 2022 minutes, and correcting a broken link in the agenda packet. Public Comments & Testimony - No members of the public spoke during Open Forum or on any agenda item. Discussion Items - Virtual Meetings Renewal (Item 4): The Commission renewed Resolution 22-01, finding that in-person meetings still pose imminent health risks due to COVID-19. The vote was 4-0 in favor. - Approval of Minutes (Item 5): The minutes of the August 10, 2022 regular meeting were approved unanimously (4-0). - Subcommittee Reports (Item 6): - Enforcement Subcommittee: Chair Micik reported that the subcommittee (Perteet, Micik, Tuman) discussed training for commissioners to serve as hearing officers. Options included a live training, a recorded video, or a hybrid model. The Commission agreed to send a survey to commissioners to gauge preferences and availability. The training is optional but strongly encouraged. Commissioner Tuman emphasized the importance of covering not just legal requirements but also ethical norms. - Outreach Subcommittee: Commissioner Upton reported that the subcommittee (Upton, Hill) met with staff to review outreach materials and a calendar of community events. Commissioners are encouraged to sign up for events to recruit new members. Commissioner Hill stressed the need for diverse candidates, including those from underserved communities and people with disabilities. Commissioner Tuman added that recruitment should focus on individuals committed to the Commission's work, not just using it as a stepping stone. - Disclosure and Engagement (Item 7): Director Kellie Johnson presented updates. The Limited Public Financing Program now has 7 candidates opted in (up from 4 in the written report). The first deadline for applicants to submit documents is September 19, 2022. Staff also noted a broken link in the agenda packet (page 2, paragraph 3) and moved to correct it. The motion passed 4-0. The report highlighted $1,380,000 in behested payments during the first half of 2022, 98% of late contributions going to ballot measure committees, and 37 requests for advice in August. - Enforcement Program (Item 8): Acting Enforcement Chief Simon Russell reported no additions to the written report. The Commission has 47 open enforcement cases: 4 in preliminary review, 23 under investigation, 4 in legal analysis, and 16 in settlement or pending hearing. - Executive Director’s Report (Item 9): Director Johnson updated on staffing: recruitment for a permanent Enforcement Chief opened September 12 and closes September 30. The job has been posted nationally. She also reported on the agenda subscriber issue; Nicole Nedich from the Communications Department answered questions about the migration error that caused some subscribers to miss agendas. The problem has been fixed, and backups were used. Commissioner Upton pressed for root-cause analysis and assurance that other city lists were not affected. Commissioner Tuman linked prompt communication to public trust in institutions. Key Outcomes - Resolution 22-01 renewed for virtual meetings (4-0). - August 10, 2022 minutes approved (4-0). - Agenda packet corrected to fix broken link (4-0). - Survey to be sent to commissioners to determine preferred format for hearing officer training. - Enforcement Chief recruitment open until September 30, 2022. - Commissioner Upton requested a future agenda item on self-service public records access; Chair Perteet deferred discussion to October. - Director Johnson asked commissioners to direct all staff communications to her directly.
The Public Ethics Commission held a special teleconference meeting on August 24, 2022, at 6:30 p.m. to renew authorization for virtual meetings under AB 361 and to determine distribution of Limited Public Financing Act (LPF) funds for the November 2022 City Council district elections. The commission achieved a quorum with four commissioners present (Perteet, Micik, Hill, Upton; Tuman arrived later) and unanimously approved both agenda items. Public Comments & Testimony - No public comments were made during Open Forum or on any agenda item. Virtual Meetings Resolution (Item 3) - The commission reviewed and voted on Resolution 22-01 (the agenda listed Resolution 22-06; the discrepancy is noted) to continue holding virtual meetings, citing the ongoing need under AB 361. Commissioner Tuman arrived during the vote and joined in support. The resolution was approved unanimously. Limited Public Financing Act Program 2022 (Item 4) - Acting Executive Director Suzanne Doran presented staff analysis showing the LPF fund balance of $177,000 was insufficient to provide the maximum allowable match to all eight certified candidates in Districts 2, 4, and 6. (Commissioner Tuman later referenced $117,000; the discrepancy was not addressed.) - Staff recommended a two-phase distribution: (1) divide the total equally among candidates who opt into the program within 14 days of certification; (2) redistribute any unclaimed funds equally to participating candidates who submit eligible invoices by September 19, 2022. - Chair Perteet disclosed a personal friendship with candidate Harold Lowe (District 2), stating he could remain impartial; no commissioner objected. - Commissioners discussed the adequacy of funds and the eligible expenses, which are limited to voter engagement activities. Staff noted that approximately $20,000 per candidate (if all eight opt in) is meaningful for district council campaigns. Key Outcomes - Resolution 22-01 (Virtual Meetings): Approved unanimously (4-0, with Tuman voting aye after arrival). - LPF Fund Distribution: Approved unanimously (5-0) to adopt staff’s recommendation: (1) find the fund inadequate for maximum match; (2) divide $177,000 equally among opt-in candidates; (3) implement the two-phase redistribution process. - Next regular commission meeting scheduled for September, with Vice Chair Micik presiding in Chair Perteet’s absence.
The Oakland Public Ethics Commission (PEC) held a regular meeting via teleconference on August 10, 2022, at 6:30 p.m. The meeting included votes to renew virtual meeting authority, approve meeting minutes, elect a Vice Chair, accept a stipulated enforcement penalty, and receive reports on subcommittees, enforcement, and the executive director. Public comment raised concerns about agenda distribution and meeting notice compliance. Consent Calendar - No consent calendar was used; all action items were considered individually. Public Comments & Testimony - Ralph Camps (regular attendee): Stated that he did not receive agenda emails for June, July, or August meetings due to a technical issue with the city's new customer service platform. He argued that the failure to send agendas to all subscribers required a cure and correct action under the Sunshine Ordinance, and that the commission was not leading by example. He also commented on the Justin Berton enforcement case, noting the destruction of public records (Nextdoor posts) and the need for further investigation. - Ralph Camps (on minutes): Repeated that the June special meetings were not properly noticed and required cure and correct. - Ralph Camps (on Fair Elections Act): Noted the charter requires PEC input on ballot measures, which was not adequately provided. - Ralph Camps (on commissioner recruitment): Suggested that board/commission members who fail to file Form 700 should be without power to vote. Discussion Items - Virtual Meetings (Item 4): The Commission renewed Resolution 22-01, determining that in-person meetings pose imminent health risks due to COVID-19 and authorizing continued teleconference meetings under AB 361. Passed unanimously (4-0, Commissioner Tuman absent). - Cure and Correction – June 27 Special Meeting (Item 5): Staff explained that a portion of the June 27 special meeting was not recorded, and the action to adopt Resolution 22-05 was taken during that unrecorded period. The commission discussed the item out of abundance of caution but, after legal advice from Deputy City Attorney Trish Shafie, decided no vote was required. The action remained valid. - Cure and Correction – Brown Act Email Violation (Item 6): A commissioner responded to an email from Councilmember Kalb's staff regarding an honorary resolution, replying to all commissioners, which was a Brown Act violation. The email was placed in the public correspondence file; no further action was needed. - Approval of Minutes (Item 7): The Commission approved minutes for four meetings: June 6 special, June 8 regular, June 23 special, and June 27 special. All were approved by votes of 4-0 (Commissioner Tuman absent). - Election of Vice Chair (Item 8): Commissioner Ryan Micik was nominated and unanimously elected Vice Chair for the remainder of 2022. - Subcommittee Reports (Item 10): - Enforcement Subcommittee: No meeting in July; will discuss enforcement recommendations from the Alameda County Grand Jury report on Form 700 compliance. - Fair Elections Act Subcommittee: Chair Hill reported that the City Council placed the Fair Elections Act on the November ballot; she proposed dissolving the subcommittee, which the Chair approved. - Outreach Subcommittee: Chair Upton reported on work to revise the commission's background document, improve the PEC website, create a shared commissioner calendar, and develop outreach materials. A graphic designer may be engaged. - Commissioner Recruitment (Item 11): Staff shared that two commission-appointed vacancies will occur in January 2023 (seats of former Commissioners McDonald and Micik, who moved to a city attorney-appointed seat). Application deadline is October 14, 2022. Short-term vacancies for the remainder of 2022 have also been posted but have received no applicants. Commissioners discussed outreach through personal networks. - Limited Public Financing Program (Item 12): Staff reported that approximately $177,000 is available for the 2022 election. Candidates for Districts 2, 4, and 6 will be eligible. A special meeting is expected on August 24, 2022, to determine the disbursement plan, as the fund is insufficient to pay the maximum 30% of expenditure ceilings. Historically, funds have been divided equally among candidates. - Disclosure and Engagement (Item 13): Staff highlighted that multiple advisories on misuse of city resources for campaigning were sent to all city employees and training was offered. - Enforcement Program (Item 14): Enforcement Chief Kellie Johnson reported that 3 new complaints were received since June, bringing the total open caseload to 53. Six cases were dismissed, including complaints against Assistant City Administrator Gregory Minor, Planning Commissioner Vince Sugrue, Councilmember Sheng Thao's campaign, Councilmember Loren Taylor, and Planning and Building Department staff. The dismissal of a complaint against a planning commissioner revealed that the commissioner was not informed of Form 700 filing requirements for over a year after appointment, highlighting a systemic issue with the City Clerk's office. Commissioner Micik expressed concern about onboarding of board/commission members. - Executive Director's Report (Item 15): Acting Executive Director Suzanne Doran reported that the Alameda County Civil Grand Jury's 2021-2022 report recommended transferring Form 700 filing officer duties from the City Clerk to the PEC. A draft response is being coordinated with other city departments, with a deadline of September 26, 2022. The hiring of a new Executive Director is nearing completion, with an announcement forthcoming. Key Outcomes - Resolution 22-01 Renewed: Virtual meetings authorized for the next month (4-0). - Minutes Approved: June 6, June 8, June 23, and June 27, 2022, meeting minutes all approved (4-0). - Vice Chair Elected: Commissioner Ryan Micik elected Vice Chair (4-0). - Stipulation Approved: In the Matter of Justin Berton (Case No. 18-45), the Commission approved a stipulation finding a violation of the Government Ethics Act (Misuse of City Resources) and imposing a $1,000 penalty (4-0). The fine was paid concurrently. - Cure and Correct Actions: No formal actions taken; items were informational. - Subcommittees: Fair Elections Act Subcommittee dissolved; Outreach Subcommittee will continue development of materials. - Future Meetings: A special meeting on August 24, 2022, is scheduled to determine Limited Public Financing disbursement. A training for commissioners on administrative hearings is planned for September. The next regular meeting is on September 14, 2022, with Chair Perteet absent; Vice Chair Micik will preside.
The Public Ethics Commission (PEC) held its regular meeting via teleconference on Wednesday, June 8, 2022, beginning at 6:30 p.m. The meeting included consideration of virtual meeting continuation, approval of prior meeting minutes, an enforcement referral, subcommittee updates, and information reports. Commissioners also addressed the departure of Executive Director Whitney Barazoto and two commissioner vacancies. The meeting adjourned after a closed session on personnel. Preliminary Action Items - Virtual Meetings (Resolution 22-01 Renewal): The Commission unanimously approved the renewal of Resolution 22-01, determining that in-person meetings pose imminent health risks due to COVID-19 and electing to continue teleconferencing under AB 361. The vote was 5-0 (Commissioners Perteet, Micik, Tuman, Upton, Hill in favor; Commissioner Tuman absent from the prior meeting but present now). Approval of Meeting Minutes - April 13, 2022 Regular Meeting Minutes: Approved 4-0 with one abstention (Commissioner Upton, who was not yet appointed at that meeting). - April 21–22, 2022 Special Meeting Minutes: Approved 5-0. Public Comments & Testimony - Open Forum: - Michael MacDonald (former Commissioner): Thanked the Commission and staff; expressed strong support for public financing as a tool to combat corrupting influence of outsized campaign spending and urged the Commission to continue pushing the issue. He also recommended Commissioner Micik for Vice-Chair. - Asara Oligbala (telephone): Criticized proposed expansions of voting rights (e.g., allowing 16- and 17-year-olds and non-citizen parents to vote in school board elections) and expressed concern that the Oakland Fair Elections Act would similarly lower standards. She opposed the proposal. - On Item 6 (Ener Chiu enforcement): Michael MacDonald offered to serve as a hearing officer, noting his experience as former chair/vice-chair. Discussion Items - Item 7 – Reports on Subcommittees: - Enforcement Subcommittee (Ad Hoc): Chair Perteet proposed putting the subcommittee on hold due to workload, but Commissioner Micik urged keeping the goal of having commissioners hear a case this year. The subcommittee will continue with discussions on training and logistics. - Public Records Performance Subcommittee (Ad Hoc): Commissioner Upton, the sole remaining member, recommended pausing until new commissioners are appointed. The subcommittee was effectively dissolved. - Fair Elections Act Subcommittee (Ad Hoc): Chair Hill reported that the subcommittee met on Monday, June 6, and discussed proposed edits. No formal action needed unless the proposal changes substantially. - New Outreach/Commissioner Recruitment Subcommittee: Chair Perteet announced the creation of an ad hoc subcommittee focused on PEC outreach and commissioner recruitment. Commissioners Hill and Upton volunteered; Upton will serve as chair. - Item 8 – Campaign Contribution and Expenditure Limits 2022 Update: Lead Analyst Suzanne Doran explained that after the Redistricting Commission adopted new district boundaries (Map F5), staff recalculated expenditure ceilings based on 2020 census population. Ceilings increased citywide by 8.70%–20.26% per district. No further action needed. - Item 9 – Disclosure and Engagement Report: Doran summarized activities: compliance reviews of 2022 candidates, lobbyist disclosure (357 contacts, $221,000 in client payments in Q1), website updates, and training (82 new employees trained, 350+ completed ethics training). No questions. - Item 10 – Enforcement Program Update: Enforcement Chief Kellie Johnson reported an uptick in new complaints (5 new since April), bringing total open cases to 49. Complexity of cases also increased. Staff recommended a hearing for the Ener Chiu matter (Item 6). - Item 11 – Executive Director’s Report: Whitney Barazoto highlighted five key priorities: (1) ED recruitment/hiring, (2) commissioner outreach, (3) Democracy Dollars policy (if ballot measure passes), (4) proactive prevention (new ticket policy training, candidate education), and (5) focused enforcement. She also noted the need for an additional enforcement team member in the next budget cycle. Commissioners thanked Barazoto for her service. Key Outcomes - Resolution 22-01 Renewed (5-0) – Continued virtual meetings. - Minutes Approved – April 13 regular and April 21–22 special minutes adopted. - Ener Chiu Case (Case No. 18-16) Referred to Hearing Officer – The Commission voted 5-0 to accept staff’s recommendation to have the matter heard by a former PEC commissioner (rather than an ALJ), with the hearing likely in August or September 2022. The Enforcement Subcommittee will receive training on hearing procedures. - Subcommittees: Enforcement Subcommittee continued; Public Records Performance Subcommittee dissolved; new Outreach/Commissioner Recruitment Subcommittee formed (Upton chair, Hill member). - Future Meeting Business: The Commission agreed to recess in July 2022 (no regular meeting) and reconvene in August. A special closed session meeting for ED recruitment may be scheduled. The election of a new Vice-Chair will be placed on the August agenda. - Closed Session: The Commission met in closed session to consider the appointment/employment of the next Executive Director. No reportable actions were announced.
The Oakland Public Ethics Commission (PEC) held a special two‑evening retreat on April 28, 2022, from approximately 5:00 PM to 8:15 PM (the first evening). The purpose was to reflect on the commission’s history, current operating context, and future vision. Commissioners, staff, and facilitator Trent Waknight (Grove Consultants International) participated in structured vision‑setting exercises. The meeting began with a roll call (6 of 7 commissioners present), announcements, a public forum, and a unanimous vote to renew virtual meetings under state emergency provisions. The bulk of the session was devoted to a graphic history timeline and a context‑mapping exercise. Public Comments & Testimony - Mr. Kantz (public comment during open forum) raised concerns about Complaint 21‑08 regarding the redistricting commission’s failure to properly notice meetings, arguing that only the commission can dismiss the complaint and that staff cannot unilaterally dismiss it. He also alleged that public records requests had not been fully answered and that the city attorney’s office has a conflict of interest because it represents both the redistricting commission and the ethics commission. - Mr. Kantz (public comment during the retreat) criticized the mediation process as “completely broken,” citing a four‑year mediation case where the planning department allegedly misled investigators. He urged the commission to fix the requirement that mediation must occur before a complaint can be filed, and to prohibit city staff from lying to PEC investigators. Discussion Items - Welcome and Announcements – New Commissioner Francis Upton was sworn in. Executive Director Whitney Barrittoto announced her departure (effective June 10) and that the ticket policy ordinance had passed first reading at City Council unanimously on April 26. - Preliminary Action – The commission unanimously (6‑0) approved a resolution to continue virtual meetings under state emergency provisions (AB 361). - Retreat Introduction – Facilitator Trent Waknight presented ground rules (“agreements”) for the session: “big hat/little hat,” “beach ball principle,” “seek first to understand,” “meet me in Paris,” and “be present.” Commissioners agreed to speak freely. - Opening Check‑in – Commissioners and staff shared something that gives them energy and something the PEC has done that makes them proud. Responses highlighted personal interests (travel, music, tennis, family) and pride in PEC’s transparency work, enforcement actions, public financing reforms, and community engagement. - Graphic History Exercise – Whitney Barrittoto presented a visual timeline of PEC milestones from 1996 to 2020. Commissioners then added events from 2018‑2022, including: becoming filing officer for campaigns and lobbyists (2018), the ticket abuse investigation (2018), launching online Form 700 training (2018), the “Race for Power” report (2020), transition to 100% virtual meetings (2020), the spotlight on Oakland Public Records report (2021), the largest enforcement case ($300,000 bribery, 2021), the diversion program (2021), enhanced open disclosure websites, and new partnerships (Next Request, OpenOakland, etc.). The exercise highlighted the commission’s growth in technology, collaboration, and data transparency. - Context Mapping Exercise – The group identified trends and influences across seven areas: ethics, transparency, campaign finance, economic factors, political climate, city/public needs, and uncertainties. Key points included: growing public demand for self‑service data access (e.g., police records, contractor databases), increasing distrust in government (especially at the federal level), the potential game‑changing impact of the proposed public financing ballot measure, workload and staffing shortages, the need for a centralized city records management system, and the challenge of ensuring adequate technology resources. - Closing Activity – Commissioners and staff shared one‑sentence “headlines” from the retreat, such as “Time to flex Oakland’s PEC,” “PEC recalibrating and refocusing efforts on enforcement, education, and collaboration,” and “Bonding as a commission.” Key Outcomes - Vote to Renew Virtual Meetings – Approved 6‑0 (one commissioner absent). - Retreat Foundation – The commission agreed on a process and ground rules for the two‑evening retreat, setting the stage for developing a future vision and strategies on day two. - Next Steps – The meeting was recessed to continue the retreat on the following evening (April 29, 2022). No formal decisions were made beyond the preliminary action; the retreat is designed to inform future commission priorities. Note: The original agenda and minutes were unavailable; the summary is based solely on the provided transcript.
The Oakland Public Ethics Commission (PEC) continued its two-day strategic retreat on April 28, 2022, from approximately 5:00 PM to 8:30 PM via Zoom. Facilitator Trent Wicknight led commissioners and staff through visioning exercises, clarifying discussions on jurisdiction, and planning for future projects. The session focused on building consensus around the commission's role and identifying priorities for the next three years. Opening Activity: Overnight Percolations - Commissioners and staff shared reflections from the previous day's discussions. Topics included a desire for more proactive ethics work (Commissioner Upton), raising public awareness of PEC's role (Commissioner Pertis), viewing homelessness as an ethical issue (Commissioner Pertis), the importance of disclosure (Commissioner Jelani), and the value of staff-commissioner collaboration (Commissioner Levitt). Staff members highlighted progress made over the past six years and the power of public disclosure. Strategic Visioning Process - Trent Wicknight introduced a "headlines from the future" exercise: each participant would craft a headline for April 2025 describing a PEC achievement, along with supporting details. However, the exercise was paused when Commissioner Pertis questioned the definition of "ethics" and the commission's scope. A lengthy discussion ensued about the three law areas under PEC jurisdiction: the Government Ethics Act, campaign finance laws, and transparency laws (including Sunshine Ordinance and Lobbyist Registration Act). - Executive Director Whitney and Commissioner Michael read from the Government Ethics Act to clarify its purpose: ensuring integrity in city government, fair decision-making, and equal opportunity to participate. Commissioner Upton emphasized the need for consensus on foundational roles before moving forward. A "fist to five" check-in showed a range of 3 to 5 in comfort level, with several commissioners indicating they still had questions. Clarifying Roles and Future Projects - To address the discomfort, Whitney proposed walking through specific program areas to illustrate staff and commissioner roles. She used the "lead collaborate" area, citing the recent ticket policy rewrite (relevant to Oracle/A's tickets) as an example. Staff did research and drafting while a commissioner subcommittee provided community insight. Future projects identified include: - Reviewing and potentially revising the Sunshine Ordinance (public records and open meetings). - Updating the Lobbyist Registration Act. - Pursuing enforcement authority for transparency violations. - Commissioner Upton raised concerns about perceived conflicts of interest if PEC takes enforcement action against other city departments, recommending collaboration with the City Attorney's office. - Commissioners discussed outreach strategies: roadshows (in-person presentations), social media engagement, and surveying the public to identify ethics-related concerns. Whitney noted that past roadshows were effective in recruiting commissioner candidates. Staff offered to provide materials and slide decks for commissioners to use in community presentations. - Commissioner Upton suggested an ad hoc subcommittee on public outreach; it was agreed to agendize the topic for the June commission meeting. Key Outcomes - Commitment to continued discussion: The retreat clarified that further work is needed to build consensus on the commission's role and priorities. Staff will synthesize input and bring back proposed focus areas within the next few months. - Future projects prioritized: The Sunshine Ordinance review and lobbyist registration amendments are leading candidates for the next "lead collaborate" initiatives. A subcommittee on enforcement (including examining enforcement authority under Sunshine) already exists; Commissioner Pertis will join and also research how other cities handle ethics enforcement. - Public outreach: Staff will prepare materials for commissioners to use at community events. An agenda item on reviving roadshows and other outreach will be scheduled for the June commission meeting. - Recognition: Chair Upton thanked facilitator Trent Wicknight and outgoing Executive Director Whitney for her leadership and dedication. Whitney's last day with PEC was noted; her contributions were celebrated by the commission. - No public comment was received during the designated period.