Public Meetings - Oakland, California

The Oakland Public Ethics Commission (PEC) held a regular teleconference meeting on Monday, June 7, 2021, at 6:30 p.m. The meeting included approval of prior minutes, selection of a new commissioner, and extensive discussion of a high-profile enforcement case against former building inspector Thomas Espinosa. The commission also received information reports on disclosure, enforcement, and executive activities. Consent Calendar - Approval of May 3, 2021 Regular Meeting Minutes – Adopted unanimously (5-0) with no public comment. Public Comments & Testimony - Terrell Picot (case dismissed earlier) spoke during public comment on the enforcement report, expressing distress over his termination from the Planning and Building Department after an investigation found no violation. He requested help regaining his job. Discussion Items - New Commissioner Selection – Three finalists (Joseph Forderer, Christopher Johnson, Ryan Micik) interviewed. After discussion, the commission used ranked-choice email voting. Ryan Micik received three first-choice votes and was selected. He will be sworn in before the next meeting to fill the vacant seat through January 21, 2023. - In the Matter of Thomas Espinosa (Case No. 16-14) – The commission considered the hearing officer’s post-hearing recommendation finding 43 violations of the Government Ethics Act (bribery, conflicts, misuse of authority, failure to disclose, misuse of city resources) and a recommended penalty of $215,000. Staff recommended $210,000. The commission deliberated penalties for each count, reaching partial agreement on some (e.g., $5,000 per violation for misuse of city resources; $24,600 for count 29 failure to report income from Vivian Tang; $5,000 each for counts 30-33 and $5,750 each for counts 34-37 after linking payments to inspections). However, due to the complexity and lateness, the commission voted to continue the item to the August 2021 regular meeting, with staff to provide a refined penalty proposal reflecting commissioner goals of recouping ill-gotten gains and imposing a deterrent. - Subcommittees – The Recruitment Subcommittee was dissolved following the new commissioner appointment. No other subcommittees active. Information Items - Disclosure and Engagement Report – Staff reported progress on the Sunshine Report Card project, including automating data extraction from NextRequest to improve public records transparency. Also noted new lobbyist and behested payment datasets on Oakland’s open data portal. - Enforcement Program Report – Enforcement Chief Kellie Johnson summarized current caseload (46 open cases) and noted two case closures: (1) Complaint against Mark Sawicki was withdrawn after review; (2) Complaint against Terrell Picot was dismissed because no violation of the Government Ethics Act was found. - Executive Director’s Report – Director Whitney Barazoto reported that the Mayor’s proposed budget did not include new positions for the PEC. Commissioners met with several City Council offices to advocate for staffing. The July 5 meeting was cancelled; next regular meeting set for August. Also noted that an audit of the 2020 Limited Public Financing Program had begun. Key Outcomes - Ryan Micik appointed as commissioner, effective upon swearing-in. - The Thomas Espinosa enforcement matter was continued to the August meeting for further penalty deliberation. - Recruitment subcommittee dissolved. - Staff directed to prepare a detailed penalty analysis for the Espinosa case, including options for doubling or tripling fines where appropriate. - The commission will explore a strategic planning retreat in the coming months.

The Public Ethics Commission met on Monday, May 3, 2021, at 6:30 p.m. via teleconference. The meeting covered approval of minutes, two diversion agreements for ethics violations, a major report on the city's public records system, and routine updates. There was significant public comment, particularly regarding the two enforcement cases. Consent Calendar - Approval of April 5, 2021 Meeting Minutes: Approved unanimously (5-0). Public Comments & Testimony - On the Everett Cleveland Jr. case (Item 5): Multiple speakers (Brian Warwick, Aner Chu, Angelika Patrick, Matt Conde, Jason Vargas) expressed strong support for Mr. Cleveland, describing him as principled, honest, and dedicated. They argued that the city's lack of training and oversight was the root cause and that the investigation's conclusion that he “influenced” the review was unfair. Some urged the Commission to consider the systemic issues rather than penalize a good employee. - On the Norma Thompson case (Item 6): Speakers (including Thompson herself, Angelika Patrick, Susan Shelton, Matt Conde, Aner Chu, Kit Hoover, Jason Vargas) similarly supported Ms. Thompson, highlighting her long public service, expertise, and that she was repeatedly asked to return by the city. They argued the city bore responsibility for the revolving-door and training failures, and that the diversion agreement was appropriate. Ms. Thompson stated she was unaware of the revolving-door policy and that she never worked on Oakland projects for CHDC while at the city. - On the Sunshine Review Report (Item 7): Alexis Schroeder, a regular public records requester, detailed a case where the city provided incomplete records for cell antenna permits, undermining trust. She urged the Commission to measure completeness and accuracy, not just fulfillment. Discussion Items - In the Matter of Everett Cleveland Jr. (Case 20-03(a)): Staff presented a diversion agreement for violations of misuse of position, nepotism, and failure to file Form 700. The respondent allegedly influenced the 2019 NOFA process involving his father-in-law's nonprofit. The agreement requires a $600 payment and ethics training. Commissioners noted the city's failure to provide adequate training and supervision. The Commission approved the motion 5-0. - In the Matter of Norma Thompson (Case 20-03(b)): Staff presented a revised diversion agreement for violations of misuse of position, revolving-door restrictions, and failure to file Form 700. Thompson consulted for CHDC while working for the city. The agreement includes an $800 payment, ethics training, and a requirement to help develop training materials for city employees and nonprofits. Commissioners debated the city's role, with some emphasizing the systemic failure. The motion passed 4-1, with Commissioner Tuman voting no. - Sunshine Review Subcommittee Report: Chair MacDonald presented the “Spotlight on Oakland’s Public Records System” report, which analyzed 19,949 public records requests from 2018-2020. Key findings: 46% increase in requests in 2020, only 56% received initial response within 10 days, 64% fell into overdue status, average 105 days to close, 70% of surveyed users dissatisfied. The report includes five recommendations: a performance report card, enhanced training, continued data analysis, technical fixes to NextRequest, and a dedicated city lead for records management. The Commission adopted the report unanimously (5-0). - Subcommittee Reports: The Sunshine Review Subcommittee was terminated. The Recruitment Subcommittee continues; the recruitment period closes May 5. Key Outcomes - Approved minutes of April 5, 2021 (5-0). - Approved diversion agreement for Everett Cleveland Jr. with $600 payment and training (5-0). - Approved diversion agreement for Norma Thompson with $800 payment, training, and development of training materials (4-1; Tuman dissented). - Adopted Sunshine Review Report with recommendations for improving public records response (5-0). - Requested report back: Vice Chair Yan and Commissioner Perteet requested that HCD senior leadership appear before the Commission within 90 days to present a plan to address systemic ethics training and policy gaps. - Ongoing: Staff will begin implementing the Sunshine recommendations and report progress monthly.

The Oakland Public Ethics Commission (PEC) held a regular meeting on April 5, 2021, at 6:30 p.m. via teleconference. The meeting covered the selection of a new commissioner, enforcement actions on three cases, and informational reports on disclosure, enforcement, and executive activities. Key outcomes included approval of a diversion agreement for one case, a failed motion for a second diversion, a scheduled hearing for a bribery case, and reopening of the commissioner recruitment process. Consent Calendar - Approval of March 1, 2021, Meeting Minutes: Approved unanimously (5-0) with no public comment. Public Comments & Testimony - Everett Cleveland Jr. Case (20-03(a)): Two members of the public spoke in support of Mr. Cleveland. Christina Katz Mulvey, a former supervisor, attested to his integrity and noted systemic training failures in the Housing Department. Mary Ann Leshin, a colleague, echoed these sentiments and highlighted confusion about Form 700 requirements. - Norma Thompson Case (20-03(b)): No public comments were offered. - Manuel Altamirano Sr. Case (20-04(a)): No public comments were offered. Discussion Items - New Commissioner Selection: The Commission interviewed five applicants (Samantha Columbus, Christopher Johnson, Linda Morton, Nicholas Sheehan, Derrick Wright). Due to issues regarding meeting attendance requirements and potential incompatible office questions, the Commission voted to reopen the application period for 30 days (motion passed 4-0-1). - Subcommittee Reports: Commissioner MacDonald proposed a Recruitment Subcommittee consisting of himself, Vice Chair Yan, and Commissioner Perteet, which was accepted. The Sunshine Review Subcommittee update was deferred to the next meeting. - Information Items: Staff presented reports on Disclosure and Engagement (including campaign finance and lobbyist compliance statistics), the Enforcement Program (52 open cases), and the Executive Director’s Report (including budget requests, mediation summaries, and collections). Key Outcomes - Everett Cleveland Jr. (Case 20-03(a)): The Commission voted 4-0 to approve staff’s recommendation to offer a Diversion Agreement, which would require Cleveland to admit to violations (misuse of position, nepotism, failure to file Form 700), pay a $150 fee, and complete ethics training. The final agreement will return for approval. - Norma Thompson (Case 20-03(b)): A motion to approve a similar Diversion Agreement failed (2-2, with one commissioner absent). The Commission did not grant staff authority to offer diversion, but staff may return with revised recommendations. - Manuel Altamirano Sr. (Case 20-04(a)): The Commission unanimously (4-0) found probable cause for bribery and misuse of position violations and scheduled the matter for an administrative hearing. The respondent could not be located. - Commissioner Recruitment: The application period was reopened through approximately April 30, 2021, to allow new applicants and to permit current applicants to attend a PEC meeting before final selection in June 2021.

The Public Ethics Commission (PEC) held its regular meeting via teleconference on Monday, March 1, 2021, at 6:30 p.m. Chair Michael MacDonald presided. All five commissioners present (MacDonald, Yan, Klein, Perteet, Tuman) formed a quorum. Staff reported on enforcement, disclosure, and the annual report, and commissioners approved three action items unanimously. Consent Calendar - Approval of February 1, 2021 Meeting Minutes: Unanimously approved (5-0). The minutes had been distributed in advance; no public or commissioner comments. Public Comments & Testimony - No public comments were offered on any agenda item during the meeting. Action Items - Public Ethics Commission Annual Report 2020: Executive Director Whitney Barazoto presented the report, highlighting 460 advice calls, 44 cases resolved, $23,000 in fines, and new data tools (Show Me the Money, lobbyist dashboard). Commissioners praised the work and suggested adding a commissioner bio and photo. The report was approved as amended (unanimous). - Lobbyist Public Access Portal and Newly Published Datasets Demonstration: Lead Analyst Suzanne Doran demonstrated new features: sortable lobbyist directory, client search, and two automated datasets (contacts with public officials and contributions solicited by lobbyists). Commissioners noted the importance of transparency and approved the item (unanimous). Discussion Items - Reports on Subcommittees and Commissioner Assignments: Chair MacDonald announced the Sunshine Review Subcommittee will reconvene soon, with Commissioner Klein joining. Information Items - Race for Power Report (September 2020): The Commission revisited this report on campaign finance disparities. Commissioners discussed the need for voter education, training for candidates, and the potential of a democracy voucher system. No action taken. - Disclosure and Engagement Report: Suzanne Doran reported that 58 campaign statements were filed by the February 1 deadline (73% timely), with 4 non-filers and late penalties assessed. Board/commission ethics training had 70 and 90 attendees on two days. - Enforcement Program: Chief Kellie Johnson reported 77 open cases, including 2 new complaints. Summaries of three resolved matters were provided: dismissal of a complaint against Councilmember Kaplan (insufficient evidence), and two public records mediation closures (OPD and Mayor’s Office). - Executive Director’s Report: Whitney Barazoto updated on commissioner recruitment (deadline March 5, 2021), budget proposals, and the shift of mediation summaries to the engagement team. One additional seat remains open for City Attorney appointment. Key Outcomes - Approved February 1, 2021 meeting minutes (5-0). - Approved 2020 Annual Report as amended (5-0). - Approved Lobbyist Portal and Datasets demonstration (5-0). - No other votes taken; all action items passed unanimously. - Commissioner recruitment open until March 5, 2021, for the PEC-appointed seat and the City Attorney appointee.

The Oakland Public Ethics Commission held a virtual regular meeting on February 1, 2021, at 6:31 p.m. via teleconference. Chair Michael MacDonald presided. The Commission addressed the approval of previous meeting minutes, a procedural request to use a volunteer hearing officer in the Thomas Espinosa enforcement case, and received informational reports on campaign finance adjustments, disclosure activities, enforcement updates, and executive director's report. Commissioner Janani Ramachandran announced her resignation effective February 2, 2021, to pursue elected office. Consent Calendar - Approval of January 4, 2021 Meeting Minutes: The Commission approved the minutes with a 6-0 vote (Commissioner Perteet abstained, as he was not yet a member at that time). The motion was made by Commissioner Klein and seconded by Commissioner Tuman. Public Comments & Testimony - Open Forum: Megan Stefan thanked outgoing Commissioner Ramachandran for her service and raised a concern about the definition of "public servant" in relation to Oakland Unified School District jurisdiction, suggesting it be discussed further. - On the Espinosa Case: Megan Stefan urged the Commission to use a single hearing officer for efficiency, noting that a full commission hearing would be time-consuming given the 47 alleged violations. She also lamented the lack of funds for a paid hearing officer. Discussion Items - Reports on Subcommittees and Commissioner Assignments (Sunshine Review Subcommittee): Chair MacDonald reported that the subcommittee, which reviews the city's public records act compliance, had taken a break in December and January. He invited commissioners interested in joining to contact him. Information Items - Oakland Campaign Reform Act Contribution Limit and Expenditure Ceiling Annual Adjustment for 2021: Lead Analyst Suzanne Doran presented the annual CPI-based adjustment. Contribution limits for individuals and broad-based committees remained unchanged, while expenditure ceilings for each office increased slightly. No action required. - Disclosure and Engagement Report: Lead Analyst Doran highlighted improvements to the Lobbyist Dashboard, including search by name and sorting capabilities. Staff also noted ongoing work on the "Show Me the Money" campaign finance app to include expenditure data. - Enforcement Program: Enforcement Chief Kellie Johnson reported that the office had received three new complaints since the last meeting, bringing the total caseload to 72 open cases (15 in intake, 12 under investigation, 14 post-investigation analysis, 8 in settlement or awaiting hearing, and 23 ongoing public records mediation). She noted an increase in PEC-initiated cases, driven by election cycles and increased public attention during the pandemic, and reminded that the PEC's jurisdiction is limited by ordinance. - Executive Director's Report: Executive Director Whitney Barazoto thanked outgoing Commissioner Ramachandran for her service and announced that recruitment for a new commissioner is open until March 5, 2021. She also reported that the respondent in the Anthony Harbaugh case had requested a payment plan for the $55,000 fine imposed in January. Key Outcomes - Approval of January 4 Meeting Minutes (6-0, one abstention). - Authorization to Use a Volunteer Hearing Officer in the Matter of Thomas Espinosa (Case No. 16-14): The Commission voted 6-0 in favor of staff's recommendation to hold the administrative hearing before a volunteer hearing officer rather than the Office of Administrative Hearings, citing cost savings (estimated $10,000–$15,000) and scheduling efficiency. The hearing is anticipated to take place in April 2021. The case involves 47 alleged violations of the Oakland Government Ethics Act, including bribery, conflicts of interest, misuse of city resources, and failure to report income. The maximum potential administrative penalty is $1,151,737. - No further action taken on informational items.

The Oakland Public Ethics Commission (PEC) held its regular teleconference meeting on January 4, 2021, at 6:30 p.m., with Chair James Jackson presiding. All seven commissioners were present, forming a quorum. The meeting included approval of previous minutes, election of officers for 2021, consideration of a post-hearing recommendation in a bribery case, and informational reports from staff. Consent Calendar - Approval of December 7, 2020 Meeting Minutes: The draft minutes were approved unanimously (6-0) with a correction noted by Commissioner Ramachandran (spelling of Commissioner Tuman's name). Motion by Commissioner Klein, seconded by Commissioner Butler. Public Comments & Testimony - Open Forum: No public speakers. - Public Comment on Agenda Item 6 (In the Matter of Anthony Harbaugh): One speaker, Andrew Rathmann, urged the Commission to adopt the hearing officer's factual and legal findings and consider a warning rather than a fine, noting the respondent's lack of prior violations and the substantial penalty already served through job loss and prosecution. Discussion Items - Election of Officers for 2021: Chair James Jackson nominated Commissioner Michael MacDonald for Chair; seconded by Commissioner Butler. No other nominations; motion carried 5-0-1 (Commissioner MacDonald abstained). Commissioner MacDonald assumed the Chair. For Vice Chair, Commissioner Klein nominated Commissioner Jerett Yan; seconded by Commissioner Ramachandran. No other nominations; motion carried 4-0-2 (Commissioners MacDonald and Yan abstained). Commissioner Yan was elected Vice Chair. - In the Matter of Anthony Harbaugh (Case No. 18-11): The Commission considered the hearing officer's recommendation and staff's proposed penalty. Staff recommended a $20,500 administrative penalty; the hearing officer had proposed $13,500. After discussion of aggravating and mitigating factors, Commissioner Butler moved to adopt the hearing officer's factual and legal findings and impose a $20,500 penalty. Motion seconded by Commissioner Klein and passed unanimously (7-0). - Disclosure and Engagement Report (Item 8): Lead Analyst Suzanne Doran presented a summary of 2020 accomplishments, including compliance activities, OpenDisclosure usage (8,043 users, 38,818 pageviews), lobbyist database launch, and outreach efforts. Commissioners received the report without action. - Enforcement Program Report (Item 9): Enforcement Chief Kellie Johnson provided an end-of-year summary, noting priority case updates and the hiring of investigator Vickie Ma. Report received without action. - Executive Director's Report (Item 10): Executive Director Whitney Barazoto highlighted the release of the "Race for Power" report, the Limited Public Financing Program disbursement ($137,485 to seven candidates), and a keynote presentation to the Alameda County Grand Jury Association. Report received without action. Key Outcomes - Minutes Approved: December 7, 2020, draft minutes were approved as corrected. - Officers Elected: Michael MacDonald was elected Chair and Jerett Yan was elected Vice Chair for 2021. - Harbaugh Penalty Imposed: The Commission adopted the hearing officer's findings and ordered a $20,500 administrative penalty for multiple violations of the Government Ethics Act, including bribery, conflict of interest, misuse of city resources, and failure to report gifts and income. - Reports Received: All informational reports were accepted without formal action. The meeting adjourned at approximately 7:29 p.m.

The Oakland Public Ethics Commission (PEC) held a regular teleconference meeting on Monday, December 7, 2020, at 6:30 p.m. due to the COVID-19 emergency. Chair James E.T. Jackson presided, with Vice-Chair Jill M. Butler and Commissioners Avi Klein, Michael MacDonald, Janani Ramachandran, Joseph Tuman, and Jerett Yan present. Staff included Executive Director Whitney Barazoto, Lead Analyst Suzanne Doran, Enforcement Chief Kellie Johnson, Investigator Simon Russell, and Ana Lara-Franco. Deputy City Attorney Trish Shafie attended. The meeting covered action items, updates on mediation and enforcement cases, the Limited Public Financing Program, and reports from subcommittees and the Executive Director. Consent Calendar - Approval of November 2, 2020, Regular Meeting Minutes: The Commission voted to adopt the minutes from the November 2 meeting. (Motion by Vice-Chair Butler, seconded by Commissioner MacDonald; passed unanimously.) Public Comments & Testimony - Two members of the public spoke during Open Forum. Their names and topics were not recorded in the provided materials. Discussion Items - Mediation Summary – Case No. M2017-12 (City of Oakland Department of Human Services): Staff presented that the mediation, initiated in June 2017 over a public records request for Measure Z and Measure D grant proposals, was closed after all responsive documents were provided by April 19, 2019. The Enforcement Chief recommended closing the case without further action. Commissioners discussed the matter and voted to accept the recommendation. (Motion by Commissioner Tuman, seconded by Vice-Chair Butler; vote: 6–0, with all present in favor.) - Limited Public Financing (LPF) Program 2020 Summary: Staff reported that $137,485 (90% of available funds) was distributed to eligible District City Council candidates during the November 2020 election. The report was informational; no action taken. - Reports on Subcommittees and Commissioner Assignments: - Sunshine Review Subcommittee: Chair MacDonald updated that the subcommittee continues to meet and aims to have a draft report ready for the January 2021 meeting. - Commissioner Recruitment Subcommittee: Chair Jackson announced that with the appointment of two new commissioners (including Avi Klein) the subcommittee’s work was complete, and he dissolved the subcommittee. - Enforcement Program Update: Enforcement Chief Johnson reported that since November 2, 2020, the Commission received 2 new complaints. The total caseload stands at 70 enforcement and 21 mediation cases. One status change was noted: the closing of Case M2017-12 (see Action Items). - Executive Director’s Report: Ms. Barazoto provided an overview of recent activities, including the swearing-in of Commissioner Avi Klein on November 19, 2020, and plans for a mid-December orientation for new commissioners. Staff also conducted ethics trainings for City employees and the Redistricting Commission. Key Outcomes - Approved the November 2, 2020, regular meeting minutes. - Closed mediation Case M2017-12 without further action. - Dissolved the Commissioner Recruitment Subcommittee. - Noted the status of the Sunshine Review Subcommittee’s ongoing work. - Received the LPF Program summary, Enforcement Program update, and Executive Director’s report as informational items.

The Public Ethics Commission (PEC) met via teleconference on Monday, November 2, 2020, at 6:30 p.m. The meeting included approval of previous minutes, adoption of the 2021 meeting schedule, public interviews and selection of two new commissioners, closure of a Sunshine Ordinance mediation, and informational reports on disclosure, enforcement, and executive activities. Consent Calendar - Approval of October 5, 2020, Meeting Minutes: Approved 4-0-1 (Commissioner Ramachandran abstained due to absence). - 2021 Regular Meeting Schedule: Adopted unanimously. The schedule lists monthly meetings on the first Monday at 6:30 p.m. in Hearing Room 1, with a recess in September. Public Comments & Testimony - Open Forum: Two speakers addressed the Commission. One speaker raised concerns about alleged voter fraud by the Oakland City Council, the Unity Council’s misuse of federal funds, and Oakland Promise's use of city resources without accountability. A second speaker echoed these points and criticized the Commission for not acting on Oakland Promise. - During New Commissioner Selection: Two members of the public spoke. One expressed support for both candidates, stating they would be a positive addition. The other questioned the Commission’s jurisdiction, particularly regarding Oakland Promise, and urged the Commission to address what they called unethical behavior. - During Mediation Discussion (Fire Department): Speakers urged the Commission to not only close the mediation but also to send a letter to the Fire Department reminding them of statutory timelines for public records requests, and suggested that training alone is insufficient. - During Disclosure Report: A speaker expressed appreciation for the campaign finance tool but raised concerns about misleading ballot measure language (e.g., Measures RR and KK) and the lack of voter education. - During Enforcement Report: A speaker reiterated concerns about Oakland Promise, noting an ongoing investigation and urging the Commission to verify the organization’s legal status. - During Executive Director’s Report: A speaker recommended that the Commission send an informational memo to all city departments regarding public records request timelines, rather than relying on training. Discussion Items - New Commissioner Selection (Item 6): The Commission’s ad-hoc recruitment subcommittee received 11 applications, interviewed 7 candidates, and selected 4 finalists. Two finalists withdrew—one to pursue city employment, another for personal reasons. The two remaining finalists, Avi Klein and Arvon Perteet, each gave a 4-minute introduction and answered commissioner questions. The Commission voted (6-0) to appoint both. Avi Klein was selected for the immediate vacancy (term ending January 21, 2022), and Arvon Perteet for the term beginning January 22, 2021 (ending January 21, 2024). The vote to confirm the appointments passed unanimously. - Subcommittee Reports: - Sunshine Review Subcommittee: Chair Michael MacDonald reported that the subcommittee continues to meet twice monthly and has a first draft of a report card-style evaluation, with a target to present in January 2021. - Commissioner Recruitment Subcommittee: Chair James Jackson reported that the subcommittee’s work was concluded with the selection of new commissioners; the subcommittee was dissolved. Key Outcomes - Approved October 5, 2020, minutes: 4-0-1 (Ramachandran abstained). - Adopted 2021 Regular Meeting Schedule: Unanimous vote. - Selected two new commissioners: Avi Klein (immediate term through Jan. 21, 2022) and Arvon Perteet (term Jan. 22, 2021 – Jan. 21, 2024). Both appointments passed 6-0. - Closed Mediation Case M2020-16 (Fire Department): The Commission accepted staff’s recommendation to close the mediation without further action, as responsive documents were released on October 7, 2020. The vote was unanimous. - Informational reports accepted: Disclosure and Engagement report (noting over $2.3 million in independent expenditures, all candidate committees compliant, and launch of the “Show Me the Money” mapping tool); Enforcement Program update (68 active cases, ongoing investigation into Oakland Promise, and dismissal of a complaint against Carroll Fife); Executive Director’s report (progress on part-time positions, PEC legislation amendments to be considered by City Council Rules Committee on November 12, 2020). Additional Notes - The Commission noted that the City Attorney’s office clarified that a partial term of less than 1.5 years does not count toward the two-term limit, which was relevant for the shorter vacancy. - Executive Director Whitney Barazoto confirmed that the part-time investigator and ethics analyst positions are moving through approval processes, funded by a $100,000 one-time budget allocation. - Chief Kellie Johnson confirmed an ongoing investigation into Oakland Promise based on the City Auditor’s report.

Note: The agenda and transcript indicate the meeting was held on October 5, 2020, but the provided summary date is October 8, 2020. This summary uses the later date as instructed. This teleconference meeting of the Oakland Public Ethics Commission (PEC) covered action on two enforcement cases, updates on the OpenDisclosure campaign finance tool, subcommittee reports, and information items on disclosure, enforcement, and executive activities. The Commission voted to dismiss a long-standing complaint against a building inspector and upheld a $5,000 penalty for a contractor campaign contribution violation. Consent Calendar - Approval of Minutes: The Commission unanimously approved the draft minutes for the August 3, 2020 regular meeting and the August 21, 2020 special meeting. Votes were 5-0 (with Commissioner Tuman abstaining on the regular minutes) and 6-0 on the special meeting minutes. Public Comments & Testimony - Open Forum: Alexis Schroeder raised concerns about public records, specifically that color-coded documents (e.g., radio frequency and electromagnetic energy reports) are often provided only in black-and-white grayscale, and that some city-approved documents lack applicant signatures. - Elise Bernstein (speaking on Enforcement Item 10): Commented on her dismissed complaint against City Auditor Courtney Ruby, stating that while the PEC found no violation, she believes the Auditor’s actions were unfair and misleading. She also urged support for Measure S1 on the ballot. - Megan Stefan thanked the Open Oakland volunteers for the OpenDisclosure tool. - Mrs. Olubala (on multiple items): Criticized the City Council’s emergency meeting procedures that limit public comment to one time at the beginning, reducing public participation. She requested a copy of the PEC’s letter to the City Council regarding the Sunshine Ordinance. Discussion Items - OpenDisclosure 2020 Web Application Demonstration: Lead Analyst Suzanne Doran and volunteers from Open Oakland (Alina Rubelac, Colin King Bailey, Karen Ivey) presented the updated campaign finance visualization tool at www.opendisclosure.io. New features include a homepage with live election snapshots, donor search across all elections, and daily email alerts. The tool is updated every 24 hours from the city’s database. The Commission accepted the report unanimously. - In the Matter of Rich Fielding (Complaint No. 16-11): Enforcement Chief Kellie Johnson presented the staff recommendation to dismiss the case. The complaint alleged that Principal Inspection Supervisor Rich Fielding sent a letter to PG&E in November 2015 requesting power disconnection at 1919 Market Street. After further investigation—including subpoenaing PG&E records, interviewing witnesses, and reviewing a video—staff found no evidence that the city ordered a power shutoff. The video time-stamp showed the incident occurred in January 2016, not November 2015, and the person seen was a contractor, not a city employee. The Commission voted unanimously to adopt the staff recommendation and close the matter. - In the Matter of Haydel and Lane Partners (Complaint No. 19-24): Chief Johnson presented the case, which involved a $1,000 contribution to Councilmember Lynette Gibson-McElhaney’s legal defense fund on October 21, 2018, while Lane Partners was a city contractor subject to the contractor contribution ban (O.M.C. §3.12.140). The original staff recommendation was a $2,000 penalty, but the Commission in March 2020 directed staff to renegotiate to $5,000. Respondent’s attorney, Zach Wasserman, requested reconsideration, arguing that his client had asked for legal advice before making the contribution and had self-reported. He cited a prior PEC case (Cyprus Security) where a $600 fine was imposed for a similar violation. After debate, the Commission voted 4-1 to uphold the $5,000 penalty (Commissioner Jackson dissenting). Mr. Wasserman indicated the respondent would sign the revised stipulation and pay the $5,000 within the week. - Subcommittee Reports: - Sunshine Review Subcommittee (Commissioner MacDonald, Chair): Reported that the subcommittee is continuing its work on a “sunshine review report card” with help from Open Oakland, aiming to have a draft by year-end. - Commissioner Recruitment Subcommittee (Chair Jackson, with Commissioners MacDonald and Yan): Reported that 10 applications were received for two upcoming vacancies. Finalists will be invited to the November PEC meeting for interviews. Key Outcomes - Approved the August 3 and August 21, 2020 meeting minutes. - Accepted the OpenDisclosure 2020 report and thanked the volunteer team. - Dismissed the Rich Fielding complaint (Case 16-11) without further action. - Upheld the $5,000 penalty against Lane Partners and Andrew Haydel (Case 19-24); respondent agreed to pay the fine and sign the stipulated settlement. - Received reports on disclosure and enforcement activities, including: - Disclosure: As of September 23, 2020, $873,000 in late contributions had been reported, with 79% going to third-party independent expenditure committees. Four committees reported $160,481 in independent expenditures. 63 lobbyists registered, reporting $475,605 in payments and 271 contacts. Five candidate committees were non-compliant with pre-election filing; staff is coordinating with the FPPC. - Enforcement: The Enforcement Unit received 4 new complaints since the last report, bringing the total caseload to 89. Several complaints were dismissed for lack of jurisdiction, including those against the City Attorney, City Auditor, and City Council regarding the June 23 budget vote. - Executive Director’s Report: Whitney Barazoto updated on the PEC’s August 13 letter to the City Administrator and City Council urging reinstatement of the Sunshine Ordinance and public comment on each agenda item. The City Administrator responded that the Council’s resolution effectively restored most rules, but the PEC disagrees that enforcement provisions are fully reinstated. Staff also welcomed two new interns. - Noted the discrepancy between the meeting date (October 5, 2020) and the provided summary date (October 8, 2020).