Public Meetings - Oakland, California

The Oakland Public Ethics Commission (PEC) held its regular meeting on Monday, November 4, 2019, at 6:30 p.m. in Hearing Room 1 of City Hall. Six of seven commissioners were present (Commissioner Butler absent). The meeting covered enforcement actions on campaign contribution violations, mediation closures, a revision of the Commission’s Complaint Procedures, a legal presentation on ballot measure activities, subcommittee updates, and informational reports. Public Comments & Testimony - Sam Ferguson (Oakland resident) spoke regarding the Oakland Police Department (OPD) mediation case, noting that failure to timely respond to public records requests creates financial exposure for the city because requesters can recover attorney’s fees if they prevail in court. - Remy Angelique Oak (Oakland resident and commission applicant) asked about the operational process for public records requests and how departments prioritize them. - Jenny Ramachendran (Oakland resident and applicant) offered questions for future consideration regarding incidental use of city resources, email signatures, and disclosure at public events. Discussion Items - Approval of October 1, 2019 Meeting Minutes – Approved 5-0 (Commissioner Butler abstained as she was not present). - In the Matter of Dana King for City Council 2014 (Case No. 15-03(b)) – Staff presented findings that the King campaign received $1,400 in contributions from Melanie Shelby and her company (Gray, Greer, Shelby & Vaughn LLC) on the same day, which aggregated to $700 over the $700 contribution limit. The campaign had been terminated. Staff recommended closing the matter with an advisory letter. The Commission voted to adopt the recommendation. - In the Matter of Friends of Desley Brooks for City Council 2014 (Case No. 15-04) – Similar facts: the Brooks campaign received $1,400 from the same donor(s) on August 23, 2013, exceeding the limit by $700. The campaign was terminated. Staff recommended an advisory letter. The Commission voted to adopt the recommendation. - In the Matter of the City of Oakland Finance Department (Case No. 18-37M) – Mediation regarding a redacted business tax statement. Staff determined that the redactions were lawful under O.M.C. 5.04.060 and that the requester received all non-confidential information. The Commission voted to close the mediation without further action. - In the Matter of the Oakland Police Department (Case No. M2019-13) – Mediation concerning a public records request made on February 27, 2019. OPD did not respond until September 23, 2019, when it denied the request citing California Government Code § 6254(f) (pending/active case). Staff recommended closure. Several Commissioners expressed concern about OPD’s delays and lack of communication. The Commission voted to accept the staff recommendation and additionally directed staff to send an advisory letter to OPD citing Government Code § 6253(c) (requirement to provide an estimated date of production when a request cannot be completed within 10 days). - Revision of Commission Complaint Procedures – Commissioners reviewed a revised draft incorporating comments from the October 1 meeting. One amendment was adopted: adding language to the Diversion Agreement section allowing the imposition of a fee to cover costs of required trainings or other actions. The Commission approved the revised Complaint Procedures as amended. - City Attorney Presentation: Ballot Measure Activities and Misuse of Public Resources – Deputy City Attorney Trish Hynes presented an overview of legal restrictions under Oakland Charter § 603(e) and the Government Ethics Act. Topics included definitions of personal purpose, campaign activity, public resources, and the Stanson v. Mott test. Commissioners clarified permissible activities (e.g., neutral, fact-based information) and prohibited activities (e.g., using city resources for campaign work). - Subcommittee Reports – - Limited Public Finance Policy Development Subcommittee (Chair Maxson Velázquez): Two workshops were held with the Alameda County Labor Council and Ella Baker Center to discuss campaign finance reform options (voucher system vs. matching system). - Partnerships Subcommittee (Chair Kong): No new update. - Commissioner Recruitment Subcommittee (Chair Smith): 15 applications received; interviews scheduled for the week of November 18; the full commission will interview finalists likely in December. Key Outcomes - Advisory letters issued to the Dana King and Desley Brooks campaigns for receiving aggregated contributions exceeding the $700 limit. - Mediations closed for the Finance Department and OPD cases; OPD will also receive an advisory letter regarding its failure to provide estimated response dates as required by law. - Complaint Procedures revised and adopted as amended, including new provisions for diversion agreements, default procedures, and hearing process details. - Enforcement update: Since the last report, 4 formal complaints and 2 mediation requests were received; total caseload includes 17 matters in intake, 11 under active investigation, 12 under post-investigation analysis, and 10 in settlement or awaiting hearing. Year-to-date, 34 cases have been closed. - 2020 meeting schedule reviewed; no action required. - Upcoming December meeting will include proposed revisions to the PEC enabling ordinance and a report on sunshine compliance for online agenda postings.

The Oakland Public Ethics Commission held its regular meeting on Monday, October 7, 2019, at 6:30 p.m. in Hearing Room 1 at City Hall. Commissioners present: Jodie Smith (Chair), James E.T. Jackson (Vice-Chair), Jill M. Butler, Gail Kong, and Nayeli Maxson Velázquez. Commissioner Jerett Yan joined later. Staff present: Whitney Barazoto (Executive Director), Suzanne Doran (Lead Analyst), Kellie Johnson (Enforcement Chief), and Simon Russell (Investigator). City Attorney Trish Hynes also attended. Consent Calendar - Approval of August 5, 2019 Meeting Minutes: Approved with a minor edit. Motion passed with Commissioner Kong abstaining (as she was absent for that meeting). Public Comments & Testimony - Alexis Schroeder spoke during Open Forum, expressing frustration with delays in public records requests regarding telecommunications facilities. She noted two outstanding requests (19-4253 and 19-4254) that were 33 days overdue, and urged clearer guidelines for processing. - Joe Tuman commented on the Melanie Shelby case, noting confusion about campaign finance rules and suggesting more proactive education for candidates. - Another speaker (identity not given) supported advisory letters to departments to improve public records response times. - Nick Peter Glieder and Johanna Finney ceded their time to Alexis Schroeder, who spoke at length about her ongoing records requests and the misdirection to the FCC. Discussion Items - Commission Complaint Procedures (Revision Draft): Chair Smith and Executive Director Barazoto presented proposed revisions. Key changes include: separating Sunshine Ordinance mediation from complaint procedures, updating references from 'Executive Director' to 'Commission staff', adding a default process for non-responsive respondents, and a new diversion program. The commission discussed notice timing, plain-language versions, and clarifying that mediation is prerequisite to civil action. The item was for discussion only; final approval will be at the next meeting. - Reports on Subcommittees and Commissioner Assignments: - Recruitment Subcommittee (ad hoc): Chair Smith announced a new subcommittee to review applications for two commission-appointed seats (deadline Oct 25, 2019). Members: Smith, Jackson, Kong. - Limited Public Finance Policy Development Subcommittee: Commissioner Maxson Velázquez reported on upcoming educational workshops co-hosted with ACLU of Northern California, covering election process and data. A ballot measure for 2020 is being pursued. - Subcommittee on Partnerships: Commissioner Kong provided an update on exploring grant funding from foundations to support policy work, citing Seattle's experience with voucher system reforms. Key Outcomes - Adopted Stipulation for Libby Schaaf for Mayor (Case No. 18-19.1): The commission adopted the revised stipulation, imposing a $1,000 fine (increased from $600) and a $2,400 forfeiture to the City's general fund for receiving excess campaign contributions from 11 West Partners and affiliates. Motion passed unanimously. - Issued Warning Letter to Melanie Shelby (Case No. 15-03): The commission accepted staff's recommendation to issue a warning letter to Shelby for making aggregated contributions over the limit to two city council campaigns. Commissioner Yan suggested also sending advisory letters to the affected candidates and treasurers; staff will research and bring a recommendation to a future meeting. Motion passed. - Closed Mediations Without Further Action: - Case No. M2019-04 (Katano Kasaine, Finance Department): Closed after responsive documents were provided, despite significant delays. - Case No. M2019-12 (Katano Kasaine, Finance Department): Closed after documents were provided, with the requester noting frustration over delays, especially regarding RF emission reports misattributed to the FCC. - Discussed Complaint Procedures: Revisions will be brought back for a vote at the November meeting. - Noted Enforcement Activity: Since July, the commission received 1 formal complaint and 3 mediation requests. Total caseload: 14 in intake, 9 under investigation, 19 post-investigation, 6 in settlement, and 20 ongoing mediations. Over 100 subpoenas issued in the last six months. - Reported Disclosure & Engagement Progress: Lobbyist e-filing system is on schedule for beta testing in November; Open Disclosure team planning for 2020 update; 26 of 34 city boards/commissions meet online agenda posting requirements (down to 4 non-compliant after further review).

The meeting was called to order at 6:32 p.m. with Commissioners Jodie Smith (Chair), James E.T. Jackson (Vice-Chair), Jill Butler, Gail Kong, Nayeli Maxson, and Jerett Yan present. The meeting covered approval of minutes, a stipulation for a campaign contribution limit violation, closure of a mediation case, and information reports. The meeting adjourned at an undisclosed time after 8:44 p.m. Consent Calendar - Approval of June 3, 2019 Minutes: Approved 5-0. Commissioner Jackson abstained as he was not present at the May meeting. A typo on page four was corrected. Public Comments & Testimony - Open Forum: Gene Hazard criticized the practice of dismissing complaints when information is not forthcoming. Love Life (Ms. Olegbala) expressed concerns about misrepresentation of ballot measures and the commission's independence. Ralph Kates complained about delays in public records requests and questioned the mediation requirement. - Item 4 (Lobbyist Disclosure): Love Life and Ralph Kates spoke, with Kates raising a three-year-old complaint about solicitation of campaign contributions not being disclosed. - Item 6 (Schaaf Stipulation): Gene Hazard urged the commission not to approve the stipulation without knowing the treasurer from the 2014 case. Love Life argued the mayor's office was not present and the investigation was incomplete. Ralph Kates alleged the 2014 campaign knew of illegal contributions before the election and did not return them. - Item 7 (Mediation M2019-01): Requester Marlene Sachs provided detailed testimony, alleging the Mayor's office withheld records related to Measure AA polling and consultants. She urged the commission to open an enforcement investigation, noting the mayor's office refused to participate in mediation. - Item 10 (Enforcement Report): Gene Hazard questioned the dismissal of his complaint about a special meeting, citing a Brown Act limitation on salary discussions. He requested further review. - Item 11 (Executive Director Report): Love Life asked about annual reports and the timeliness of complaint resolution. Discussion Items - Item 4: Guest Presentation – Survey of Lobbyist Disclosure Requirements: Intern Casey Petersen presented research on lobbyist filing practices in other cities, highlighting gaps in Oakland's electronic filing and public data access. Commissioners discussed the benefits of e-filing and the IT department's approval of a pilot system. - Item 6: Stipulation – In the Matter of Libby Schaaf For Mayor 2018 (Case 18-19.1): Enforcement Chief Kellie Johnson presented the stipulation, recommending a $2,400 forfeiture and a $600 fine for receiving $2,400 in excess contributions from 11 West Partners and affiliates. The violation was the second aggregation issue for the Schaaf campaign. Commissioners debated the fine amount, noting mitigating factors but also the repeated nature. Commissioner Jackson moved to accept the stipulation with a modified fine of $1,000 (the baseline penalty). The motion passed unanimously (5-0), with the matter to return for final approval after party feedback. - Item 7: Mediation – In the Matter of the Office of Mayor Libby Schaaf (Case M2019-01): Staff recommended closing the mediation without further action and referring the remaining Government Ethics Act complaint to Enforcement. The requester had requested closure due to the mayor's office's non-cooperation. Commissioner Yan abstained due to a potential conflict of interest (his firm representing the city in Measure AA litigation). The motion passed 4-0-1. - Item 8: Subcommittee Reports: Commissioner Maxson reported on the Limited Public Finance Policy Development Subcommittee, noting that the public campaign finance reform may move forward via ballot initiative. Chair Smith reported on the Partnerships Subcommittee, with Commissioner Kong to provide an update at the next meeting. - Item 9: Education and Engagement Report: Lead Analyst Suzanne Doran reported on new features: a subscription alert for disclosure filings (www.opendisclosure.io) and progress on a lobbyist e-filing system with a pilot expected in January 2020. She also mentioned an advisory on social media use for city employees. - Item 10: Enforcement Program Report: Enforcement Chief Johnson reported that since June 3, 2019, one formal complaint and three mediation requests were received. The total caseload is 50 pending matters, with 26 cases closed this year. She noted the commission received a $100,000 one-time allocation for election-related expenses in FY2020-21. - Item 11: Executive Director’s Report: Executive Director Whitney Barazoto highlighted the FY2019-20 budget of $1.16 million, a pending mayoral appointment of Joe Tuman to fill a vacancy, and the filing of performance appraisals. She also noted the commission's ability to expand its authority through future ballot measures. Key Outcomes - Approved June 3, 2019 minutes with a typo correction. - Accepted stipulation in the Schaaf campaign case with a modified fine of $1,000 (instead of $600), plus forfeiture of $2,400. The matter will return for final approval after the respondent is notified. - Closed mediation Case M2019-01 without further action, and referred the remaining Government Ethics Act complaint to Enforcement for preliminary review. - Noted progress on the lobbyist e-filing system and public data portal, with a pilot expected in early 2020. - Reported that the commission has 50 pending enforcement cases with one investigator, and 26 cases have been closed so far in 2019.

The Public Ethics Commission met on June 3, 2019, at 6:30 p.m. in Hearing Room 1 of Oakland City Hall. The meeting covered an audit of the Limited Public Financing Program, approval of six mediation cases, adoption of core values for inclusive engagement, and updates from subcommittees and staff. All votes were unanimous except one mediation case where a motion to send back failed. Consent Calendar (Approval of Minutes) - The Commission approved the May 6, 2019 regular meeting minutes (5-0, Commissioner Jackson abstaining as he was not present at that meeting). Public Comments & Testimony - One public speaker, John McKenna, commented during the discussion of mediation cases, suggesting tracking case length by department to identify systemic issues. No other public comments were made. Action Items Audit of Limited Public Financing Program for 2018 Election - Assistant City Auditor Mike Edmonds and Performance Auditor Jennifer Lim presented the audit. The audit found overall controls adequate but identified two minor issues: (1) six out of ten candidates submitted financial statements that did not reconcile, and one candidate overpaid by approximately $150; (2) three candidates deposited reimbursement checks between 5 and 17 days after receipt, exceeding the three-day requirement. Four recommendations were made, and staff agreed to implement them. The Commission voted unanimously to accept the report. Mediation Cases (6 items) - The Commission closed six mediations without further action, each on a 6-0 vote, except for Case 18-39M where a motion to send back for IT search verification failed (2-4) and the staff recommendation then passed (5-0, Commissioner Maxson abstaining). Case 18-39M involved a request for records on the 2015 Noncompliant Rental Project; the requester was dissatisfied with a redacted phone number but records were produced. - Other cases: 18-02M (Mayor's Office/OPD – 10-month delay, records produced); 18-06M (City Administrator/Planning – over 1-year delay, 2,436 pages produced); 18-24M (Finance Dept – three spreadsheets of 25,000-26,000 entries each, plus one record from Councilmember Kalb's office); M2019-03 (City Clerk – Mayor's ballot argument, records produced after 3 months); M2019-10 (Human Resources – 13 records produced after mediation initiation). Core Values for Inclusive Engagement - The Commission adopted a simplified set of core values for public communications: Collaborative Community, Joint Accountability, Open Mindset, Inclusive Design, and Proactive Transparency. The motion passed 6-0. Discussion Items Reports on Subcommittees and Commissioner Assignments - Campaign Finance Subcommittee update: Commissioner Maxson reported on a BayPEC meeting, discussions with ACLU and foundations, and a timeline for reform by end of 2020. Two information documents were created for community outreach. - The Commission dissolved the standing Campaign Finance Subcommittee and created an ad hoc Limited Public Finance Policy Development Subcommittee (Chair Maxson, members Butler and Jackson). The Subcommittee on Partnerships was reconstituted with Chair Kong and member Smith. Information Items Education and Engagement Program - Lead Analyst Suzanne Doran reported on compliance reviews of board/commission agenda postings, lobbyist e-filing, and community outreach events with the League of Women Voters. Enforcement Program - Enforcement Chief Kellie Johnson reported caseload: 18 matters in intake/preliminary review, 8 under investigation, 18 under post-investigation analysis, 6 in settlement or awaiting hearing, and 16 ongoing records request mediations. She noted an increase in proactive cases and that staff will propose enforcement procedure revisions later in the year. Executive Director’s Report - Whitney Barazoto introduced summer interns Meredith Wang and Casey Petersen, noted the departure of Mediation Coordinator Kyle McLean, and updated on changes to FPPC ticket distribution regulations that were influenced by the PEC’s report. Key Outcomes - Approved minutes of May 6, 2019 (5-0). - Accepted the Limited Public Financing Program audit report (6-0). - Closed six mediation cases (all passed with votes as described). - Adopted core values for public communications (6-0). - Reconfigured subcommittees: created ad hoc Limited Public Finance Policy Development Subcommittee and reconstituted Partnerships Subcommittee. - Staff to bring enforcement procedure revisions later in 2019. - Staff to pursue ticket policy amendments with City Council, incorporating new FPPC regulations.

The Oakland Public Ethics Commission held its regular meeting on Monday, May 6, 2019, at 6:30 p.m. in Hearing Room 1 of City Hall. Commissioners present included Chair Jodie Smith, Vice-Chair James E.T. Jackson (absent), Jill Butler, Lisa Crowfoot, Gail Kong, Nayeli Maxson, and newly appointed Commissioner Jerett Yan. Staff and the Deputy City Attorney were also present. The meeting covered a proposed amendment to the Oakland Campaign Reform Act, adoption of core values for inclusive engagement, enforcement actions including a $5,600 stipulation for campaign finance violations, and several mediation closures. Commission subcommittees reported on campaign finance reform and partnerships. Consent Calendar - Approval of Minutes: The Commission unanimously approved the March 4, 2019 regular meeting minutes (5-0) and the April 4, 2019 retreat meeting minutes as amended (changing "unnecessary enforcement" to "eliminate problems before enforcement is needed") without opposition. Public Comments & Testimony - No public comments were made during Open Forum. - During discussion of the PEC Core Values for Inclusive Engagement, a public speaker suggested linking the values to a mission statement to highlight the Commission's proactive educational role. - No public comments were offered on the 11 West Partners enforcement matter or any of the three mediation closures. Discussion Items - Council President Kaplan's Proposed Amendments to the Oakland Campaign Reform Act (OCRA): Bobbi Lopez, Policy Director for Council President Rebecca Kaplan, presented proposed amendments adding Sections 3.12.116 and 3.12.117 to OCRA. The amendments would require disclosure of up to five principal officers for non-candidate-controlled committees (ballot measure and independent expenditure committees) and impose new reporting requirements for City officials (Form 700 filers) who solicit campaign contributions from entities doing or seeking business with the City. Commission staff expressed support in concept and worked with the author’s office on technical clarifications, including aligning terms with state law and extending the reporting timeline from 10 to 30 days. Commissioners discussed scope, definitions, and funding implications. The Commission voted to support the amendments contingent on further refinement by staff in collaboration with the council office. - PEC Core Values for Inclusive Engagement: Following the April 4 retreat, staff presented draft values. Commissioners supported the concept and requested simplified, visual wording for use on speaker cards and at meetings. The item was referred back to staff for refinement and will return for formal approval. - Enforcement - In the Matter of 11 West Partners, LLC (Case No. 18-19): The Commission adopted a stipulation, signed by the respondent, imposing a $5,600 administrative penalty for exceeding the $800 contribution limit ($2,400 overage) and violating the contractor contribution ban ($3,200). The violations involved contributions to Libby Schaaf’s 2018 mayoral campaign directed by Adam Goldenberg across four affiliated entities. Mitigating factors included lack of intent, full cooperation, and no prior record. The penalty combined the unlawful amounts without additional $1,000 baseline fines. - Mediation Closures: Three mediation matters were closed without further action after requesters confirmed receipt of requested records: - Amber Todd (Case No. 18-25M): Finance Department provided a spreadsheet with 25,395 entries responsive to a July 22, 2018 request. - Oakland Police Department (Case No. 18-26M): OPD eventually disclosed all responsive records after a 15-month delay; an additional request for an oral interview was not covered by the Sunshine Ordinance. - Amber Todd (Case No. 18-30M): Finance Department provided a spreadsheet with 24,371 entries responsive to a September 11, 2018 request. - Subcommittee Reports: - Campaign Finance Subcommittee: Chair Maxson outlined options for public financing reform, ranging from a preliminary report to a comprehensive ballot measure. The Commission discussed leveraging momentum from the Bay Area Political Equality Collaborative (BayPEC) and community partners. Commissioners expressed varying views on scope, need for broader community input, and feasibility of funding (e.g., general fund vs. new revenue). No formal action was taken; the subcommittee will continue deliberating. - Ad Hoc Partnerships Subcommittee: (Commissioners Kong, Maxson, Crowfoot) Reported that they are developing a list of potential partners and will reconvene after the May 8 BayPEC meeting to align with campaign finance planning. - Information Items: - Education and Engagement Program: Staff reported on compliance checks, e-filing prototypes for lobbyist and behested payment data, and upcoming OpenOakland Day of Service on May 11. - Enforcement Program: Enforcement Chief Johnson highlighted progress in prioritizing new cases and resolving older matters. The Commission noted improved reporting clarity. - Executive Director's Report: Director Barazoto announced that the Mayor’s proposed budget included a one-time $100,000 allocation for 2020 election-related expenses, but did not include requested staffing increases. Key Outcomes - Approved March 4 and April 4 meeting minutes. - Voted to support Council President Kaplan’s OCRA amendments, with direction to staff to finalize technical amendments in coordination with the author’s office. - Referred Core Values for Inclusive Engagement back to staff for shortening and visualization, to return at a future meeting. - Approved stipulation in 11 West Partners, LLC with a $5,600 penalty for campaign contribution limit and contractor ban violations. - Closed three mediations without further action (Cases 18-25M, 18-26M, 18-30M). - No formal action on campaign finance reform options; subcommittee to continue exploring with BayPEC and report in June. - Received and filed information reports on education, enforcement, and executive activities.

The Oakland Public Ethics Commission (PEC) held its regular meeting on Monday, March 4, 2019 at 6:32 p.m. at City Hall, Hearing Room 1. The meeting was called to order with Commissioners Jodie Smith (Chair), James E.T. Jackson (Vice-Chair), Lisa Crowfoot, Gail Kong, and Nayeli Maxson present. Commissioner Jill Butler was absent. The meeting included approvals, public comment, discussions on the mediation program and a budget letter, subcommittee reports, and information reports. The meeting closed at 9:05 p.m. after a closed session to evaluate the Executive Director's performance. Staff and Commission Announcements - Executive Director Whitney Barazoto introduced the new Enforcement Chief, Kellie F. Johnson, effective February 28, 2019. Johnson brings over 20 years of experience as a prosecutor and disciplinary counsel. - The City Auditor’s office is recruiting to fill a vacant commissioner seat; the deadline for applications is March 14, 2019. - Deputy City Attorney Trish Hynes reported that the City’s Oakland Campaign Reform Act (OCRA) regulates only independent expenditures for mass mailings, slate mailings, or campaign materials, not the content of ads, due to First Amendment limitations. - Commissioner Maxson announced a Bay Area Political Equality Collaborative (BayPEC) meeting on May 8, 2019, regarding campaign finance reform. Open Forum - A member of the public, Ralph Cannes, spoke about a pending public records request (No. 18-3820) to the Mayor's office for Nextdoor postings. He stated that the city admitted deleted posts were not retained and that mid-process communications do not appear in the city's record request system, calling for system improvements. Action Items Approval of Commission Meeting Draft Minutes (February 4, 2019) - Commissioner Kong noted a typographical error (“pain language” should be “plain language”). Commissioner Jackson moved, Commissioner Crowfoot seconded approval with the correction. The motion passed 5-0. Mediation Program and Mediation Request Form - Kyle McLean, Legal Extern, presented the revised Mediation Request Form, incorporating input from the February meeting. Changes included simplified language, clarification of timelines (mediation shall commence within 10 days unless impracticable), and options for terminating mediation and filing complaints. - Commissioners suggested further improvements: adding headings, clarifying

The Oakland Public Ethics Commission (PEC) held its regular meeting on Monday, February 4, 2019, at 6:30 p.m. in Hearing Room 1 of City Hall, Oakland. The meeting included action on a new mediation request form, approval of an ethics resource guide, discussion of subcommittee assignments and commission priorities, and informational reports on campaign finance limits, disclosure, education, enforcement, and executive director activities. Public speakers raised concerns about the City Council's certification of Measure AA, the pace of Sunshine Ordinance mediations, and the need for greater transparency and enforcement. Consent Calendar - Approval of January 7, 2019 Regular Meeting Minutes: Approved 6-0 (Commissioner Maxson abstained as she was not present at the January meeting). No public speakers. Public Comments & Testimony - Gene Hazard: Criticized the City Council for certifying the results of Measure AA (a parcel tax) despite the Alameda County Registrar showing it failed to receive the required two-thirds voter approval. He argued this denied the will of voters and urged the PEC to consider the matter. He also objected to the proposed mediation request form, stating it created an unnecessary barrier to public records access under the California Public Records Act. - Love Life (Ms. Olagbala): Echoed concerns about Measure AA, describing the Council's action as voter suppression. She also criticized the mediation form, questioned the enforcement scope of the PEC, and asked about follow-up on fines (e.g., Councilmember McElhaney's $8,000 penalty). She urged the commission to include education for board and commission members. - Ralph Kanne: Stated he had been waiting nearly three years for resolution of his public records request. He recommended adding a 30-day time limit to the mediation process and suggested changing complaint procedures rather than creating a separate mediation form. He also urged public meetings for subcommittees. - John McKenna: Praised the proposed Government Ethics Act Guide as a helpful tool for public understanding of the PEC's scope, and suggested adding average processing times to the enforcement report to manage public expectations. Discussion Items - Reports on Subcommittees and Commissioner Assignments: Chair Smith opened the discussion by highlighting the commission's growth since the 2014 ballot measure: a thirty-fold increase in advice calls (400 in 2018), 333 new city employees trained via new employee orientations, and the commission becoming the filing officer for lobbyist and campaign disclosures. She noted that the PEC is requesting two new staff positions (a Senior Investigator and an Ethics Analyst III) in the upcoming city budget to address capacity shortfalls. The following subcommittee changes were made: - Campaign Finance Subcommittee: Continued with Commissioners Crowfoot and Jackson; new Commissioner Maxson appointed and agreed to chair. - Education and Outreach Subcommittee: Closed; Commissioner Butler volunteered to coordinate community outreach events, with support from Commissioner Jackson. - Complaint Procedures Subcommittee: Closed as policy work is complete, pending input from the future Enforcement Chief. - Ticket Policy Guidance Subcommittee: Closed; policy recommendations have been forwarded to the City Council. Commissioners Crowfoot and Maxson discussed the commission's authority to issue advisory opinions and guidance under existing law while waiting for council action. - Several commissioners volunteered to serve as mediators for Sunshine Ordinance mediations (Butler, Kong, Smith). Retreat planning was assigned to Commissioners Kong and Jackson. Key Outcomes - Mediation Request Form: Sent back to staff for revisions incorporating commissioner and public feedback, including adding plain-language statements that mediation is a prerequisite to filing a complaint, that mediation typically occurs by phone or email, and clarifying that complainants may proceed to a formal complaint if mediation is not progressing. Staff will also respond to a legal question about the definition of "timely inspection and copying." - Government Ethics Act Guide: Approved with minor editorial corrections (e.g., consistent use of defined terms). The guide summarizes local ethics laws for public servants. - Closed Subcommittees: Education and Outreach, Complaint Procedures (ad hoc), and Ticket Policy Guidance (ad hoc) were closed. - New Assignments: Nayeli Maxson appointed chair of the Campaign Finance Subcommittee; Lisa Crowfoot and James Jackson continue as members. Jill Butler and James Jackson will coordinate community outreach. Gail Kong and James Jackson will help plan the annual retreat in March. - No Action on Informational Items: The annual adjustment of campaign contribution and expenditure limits for 2019 was noted (e.g., contribution limits for persons not adopting expenditure ceilings increased to $200; for those adopting ceilings, to $800). The enforcement report was received, including dismissal of Complaint No. 18-49 (alleging City Council violated Charter Section 401 by increasing the City Attorney's salary) for lack of jurisdiction—the complainant disagreed and argued the PEC should oversee Charter violations.

The Fair Political Practices Commission (FPPC) held its first meeting of 2019 in Oakland, California, on January 20, 2019, from approximately 2:30 PM to after 2:30 PM (the meeting ran long). The meeting featured a presentation from the Oakland Ethics Commission, a contentious discussion on text message advertising disclaimers, and the adoption of major changes to the streamlined settlement program. Commissioners voted on several items, including a letter to the legislature regarding misuse of public funds for campaigns. Consent Calendar - The commission approved the December 2018 meeting minutes. - The enforcement calendar (items 4 and 6 through 26) was adopted unanimously. (Item 5 had been pulled.) Public Comments & Testimony - Daniel Swain, CEO of Tosker (relay), argued that peer-to-peer text messages are person-to-person communications, not general advertisements, and that adding the “who funded this ad” disclaimer reduces response rates. He requested the commission grant an opinion exempting such messages from the full disclaimer requirement. - Trent Lang, president of the California Clean Money Campaign, stated that the “who funded this ad” language is inappropriate for conversational texts. He suggested a legislative fix and argued that the disclosure should only apply to the first message in a thread, and that a simple link might suffice. He also urged the commission to allow some flexibility. - Jim Sutton, a practicing political attorney, argued that the law on text message disclaimers is not clear, citing high legal bills to interpret it. He pointed to ambiguities in the definition of “advertisement” and which disclaimer applies, and encouraged the commission to take up an opinion rather than deny it. - Stephen Kaufman, chair of the Enforcement Review Task Force, opposed three specific provisions in the streamlined settlement regulation that automatically exclude certain 24-hour report violations from the streamline program, arguing they eliminate needed flexibility. He provided examples of past cases that would have been excluded. - Trent Lang (again) supported the streamlined regulation’s general approach but advocated for the three provisions to remain, noting that late 24-hour reports near an election cause significant public harm. He proposed a 48-hour grace period for inadvertent errors and a de minimis exception for small amounts relative to total campaign activity. Discussion Items - Oakland Ethics Commission Presentation: Whitney (executive director) presented an overview of the Oakland Ethics Commission, including its history, staffing, and enforcement of ethics, campaign finance, and sunshine laws. Highlights included a partnership with Code for America to create the open disclosure.io website, a review of city ticket policies for athletic events, and a public financing program for city council candidates. Commissioners praised the collaborative approach. - Regulation 18702.2 (Conflict of Interest – Property): Staff proposed amendments to clarify that a property interest more than 1,000 feet from a decision site is presumed immaterial, rebuttable by clear and convincing evidence. The commission adopted the regulation after a brief discussion, including technical clarifications on the 500 and 1,000-foot thresholds. - Request for Review of Denial Opinion (Text Message Ads): The commission considered whether to overturn the acting executive director’s denial of an opinion request from Tosker. After hearing from the applicant, stakeholders, and legal counsel, the commission decided to affirm the denial but committed to a broader rulemaking on digital advertising disclaimers. The chair noted the need to address emerging technologies before the 2020 election cycle. - Streamlined Settlement Program (Regulations 18360.1 and 18360.2): Substantial debate centered on three provisions excluding late 24-hour reports from the streamline program. After a closed session, the parties reached a compromise that added a de minimis exception and increased penalties for late filings. The amendments were adopted unanimously, and the full regulation passed. The commission also debated the process for approving streamlined stipulations, ultimately voting to allow the chief of enforcement to execute them after a 10-day public notice period in an executive report, with the option for commissioners to flag concerns. - Budget Update: The quarterly expenditure report for the second quarter of 2018-19 was presented. Staff added line items for the San Bernardino and Sacramento contracts. Current staffing is 82.5 FTEs, with five positions being recruited. - Letter to Legislature re: Public Money for Campaigns: A motion to send a letter to legislative leaders asking for an amendment to the Political Reform Act to explicitly prohibit spending public money on campaign activities and give the FPPC enforcement authority was passed, but with an amendment to first bring back a draft letter with supporting documentation for full commission review at the next meeting. - Legislative Delegation: The commission adopted a modified B+ option (B++), authorizing the executive director to delegate to the legislative director the authority to accept or refuse non-substantive amendments on sponsored legislation, with written notification to the commission. Substantive amendments require full commission approval, potentially via a special meeting. Key Outcomes - Regulation 18702.2 adopted with technical amendments (unanimous). - Denial of Tosker opinion affirmed; staff to develop a broader regulation on digital ad disclaimers. - Streamlined settlement regulations (18360.1 and 18360.2) adopted with the compromised amendments: late 24-hour reports are excluded from streamline unless the amount is de minimis relative to total campaign activity, and penalties for pre-election late filings are increased. The new process for streamlined stipulations moves them from the consent calendar to an executive report. - Letter to legislature on public funds for campaigns: staff to draft letter with supporting documentation for approval at the February meeting. - Legislative delegation for non-substantive amendments adopted (B++ option). - The next FPPC meeting is scheduled for February 2019; the commission will also address the text message ad issue further.

The Oakland Public Ethics Commission (PEC) held its regular meeting on Monday, January 7, 2019, at 6:30 p.m. in City Hall Hearing Room 1. All seven commissioners were present. The meeting included the election of officers, selection of a new commissioner, reconsideration of warning letters for campaign contributors, subcommittee reports, and annual program updates. The commission also honored outgoing Chair Jonathan Stein and Commissioner Krisida Nishioka. Consent Calendar - Approval of December 3, 2018 Regular Meeting Minutes: The minutes were approved 6-0 (Commissioner Butler abstained because she was not a commissioner at that meeting) after amendments correcting redundant text and clarifying the two separate votes taken on the minutes. Public Comments & Testimony - Open Forum: Ralph Cannes addressed the commission regarding a public records request to the Mayor’s Office for Nextdoor posts, noting that the response required additional time. He referenced a 2007 article about former Mayor Jerry Brown destroying records and warned he would file a complaint with the PEC if the request was not fulfilled by January 15, 2019. - New Commissioner Selection Process: A member of the public criticized the selection process, stating that the subcommittee interviews were not open to the public and urging that future processes be fully transparent. - Agenda Item 7: No public comment was offered on the reconsideration of warning letters. Discussion Items - Election of Officers (2019): - Chair: Commissioner Jodie Smith was nominated by outgoing Chair Jonathan Stein and elected by voice vote (one abstention). Smith thanked the commission and expressed commitment to working with staff and the public. - Vice Chair: Commissioner James E.T. Jackson was nominated and elected by voice vote (one abstention). Jackson expressed enthusiasm for continuing the commission’s work. - New Commissioner Selection: The recruitment subcommittee received 20 applications, interviewed 19 candidates over three evenings, and presented six finalists. Each finalist gave a four-minute statement and answered commissioner questions. Finalists were: Mark P. Cohen, Daniel Ettlinger, Kimball Lane, Nayeli Maxson, Michelle McGill, and David Roe. After a secret ballot, Nayeli Maxson received a majority of votes in the first round and was appointed to fill the commission-appointed vacancy (term begins January 22, 2019). Maxson is an attorney and former candidate for Oakland City Council District 4, with experience in policy analysis, campaign finance reform, and community engagement. - Campaign Finance Compliance Reconsideration (Agenda Item 7): Staff recommended rescinding warning letters for four contributors based on new information: - Mark Tran (Desley Brooks committee): Was said to have never made the reported contributions; the committee amended its filings. - Scott Clifford (Cat Brooks committee): A $25 overage was attributed to him in error by the committee. - Katrin Wehrheim and Cassia Stepak (Cat Brooks committee): Both made contributions over the limit by $54.06 and $35.06 respectively due to unknowingly purchasing tickets as in-kind contributions; the committee self-corrected and refunded the overages before any PEC intervention. Commissioners debated whether to issue advisory letters instead of full dismissal. A motion was made to rescind warning letters for Clifford and Tran and to issue advisory letters for Wehrheim and Stepak. The motion passed by voice vote. - Subcommittee Reports: - Campaign Finance Subcommittee: Awaiting a comprehensive policy report integrating public outreach findings; community organizations have expressed interest in partnering on campaign finance reform. - Education and Outreach Subcommittee: Praised staff efforts, especially Jelani Killings; roadshow events were highlighted. - Complaint Procedures Subcommittee: Completed its review; awaiting hiring of a new enforcement chief to finalize revised procedures. - Ticket Policy Guidance Subcommittee: Waiting for City Council to act on a revised ticket distribution policy drafted by the PEC; staff plans to proceed with regulations afterward. - Commissioner Recruitment Subcommittee: Dissolved after completing its work. - Information Items (Program Reports): - Disclosure Program: 2018 was the first full election cycle as filing officer. Staff processed nearly 1,000 campaign filings, assessed $2,330 in late fees, and ended the year with all candidate and ballot measure committees in compliance. The Open Disclosure website had 1,808 new users generating 19,664 page views. Lobbyist filings transitioned smoothly. Staff is working on digitizing FPPC Form 803 (bested payments) and exploring e-filing. - Education and Engagement Program: 400 advice calls were handled (70% increase over 2017). Online ethics training for Form 700 filers was launched but only 190 employees completed it; staff plans to improve delivery. Joint trainings with the FPPC and candidate resource binders were noted. Limited Public Financing Program had 10 participants, each receiving up to $18,345. - Enforcement Program: A record 50 enforcement matters were initiated in 2018 (33 closed). Notable cases included the Thomas Espinosa bribery investigation (47 counts, referred to administrative hearing) and a $2,550 fine against Councilmember Lynette Gibson McElhaney. The enforcement team conducted the first comprehensive contribution limit review before the November 2018 election, obtaining $5,425 in forfeitures. - Executive Director’s Report: Staff requested two new positions for the FY 2019-20 budget: a Senior Investigator and an Ethics Analyst III, to address increased workload. Key Outcomes - Elected Officers: Jodie Smith (Chair) and James E.T. Jackson (Vice Chair) for 2019. - Appointed Commissioner: Nayeli Maxson was selected to fill the commission-appointed vacancy. - Warning Letter Reconsideration: For Mark Tran and Scott Clifford, warning letters rescinded and cases closed with no action. For Katrin Wehrheim and Cassia Stepak, warning letters rescinded and replaced with advisory letters; cases closed. - Subcommittees: Recruitment subcommittee disbanded; ticket policy subcommittee to await council action; complaint procedures revision pending new enforcement chief. - Upcoming Actions: Staff will continue budget advocacy for two new positions, pursue campaign finance reform legislation, improve behested payment disclosure, and enhance online ethics training for city employees.