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CITY of OAKLAND PUBLIC ETHICS COMMISSION One Frank Ogawa Plaza (City Hall) Special Commission Meeting Monday, July 31, 2017 Hearing Room 1 6:30 P.M

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CITY of OAKLAND PUBLIC ETHICS COMMISSION One Frank Ogawa Plaza (City Hall) Special Commission Meeting Monday, July 31, 2017 Hearing Room 1 6:30 P.M CITY OF OAKLAND PUBLIC ETHICS COMMISSION One Frank Ogawa Plaza (City Hall) Special Commission Meeting Monday, July 31, 2017 Hearing Room 1 6:30 p.m. Commissioners: Marc Pilotin (Chair), Krisida Nishioka (Vice-Chair), Lisa Crowfoot, Dana King, Gail Kong, Jodie Smith, and Jonathan Stein Commission Staff: Whitney Barazoto, Executive Director; Milad Dalju, Deputy Director and Chief of Enforcement; Suzanne Doran, Lead Analyst – Civic Technology and Engagement; Jelani Killings, Ethics Analyst; Ana Lara-Franco, Commission Assistant; Simon Russell, Investigator City Attorney Staff: Trish Hynes, Deputy City Attorney SPECIAL MEETING AGENDA 1. Roll Call and Determination of Quorum. 2. Staff and Commission Announcements. 3. Open Forum. CONSENT ITEMS1 4. Approval of Commission Meeting Draft Minutes. a. June 5, 2017, Regular Meeting Minutes (Attachment 1 – Minutes) ACTION ITEMS 5. In the Matter of Lynette Gibson McElhaney (Case No. 15-07). Staff presents a report summarizing evidence that Councilmember Lynette Gibson McElhaney committed the following violations of the Oakland Government Ethics Act: 1) solicited and accepted gifts valued at more than $50 from a source she knew, or had reason to know, was a restricted source, in violation of Section 2.25.060(C) of the Oakland Government Ethics Act; 2) made a governmental decision in which she had a disqualifying financial interest in violation of Section 2.25.040(A) of the Oakland Government Ethics Act, and; 3) failed to disclose the gifts she received from the restricted source on her annual statement of economic interests in violation of Section 2.25.040(B) of the Oakland Government Ethics Act. Staff recommends that the Commission refer this matter to an administrative hearing before a single Commissioner. (Attachment 2 – Staff Report) 6. Draft Ticket Distribution Policy. The Commission’s ad hoc Ticket Policy Subcommittee presents a revised draft City-wide policy for Commissioners to review and potentially approve as a proposal to submit to City Council to replace the City’s existing ticket distribution policy 1 If more than one item is on Consent, all Consent items will be voted on all at once, unless a Commissioner requests removal of an item from Consent prior to the vote. 1 CITY OF OAKLAND PUBLIC ETHICS COMMISSION One Frank Ogawa Plaza (City Hall) Special Commission Meeting Monday, July 31, 2017 Hearing Room 1 6:30 p.m. (City Council Resolution 82032). (Attachment 3 – Staff Memorandum; Attachment 4 – Revised Draft Policy; Attachment 5 – Clean Copy of Draft Policy) 7. In the Matter of Desley Brooks and Friends of Desley Brooks for City Council 2014 (Case No. 14-20). As a candidate for City Council in the November 2014, election, Councilmember Brooks was required to sign and file an Oakland Campaign Reform Act (OCRA) Form 301 before she and her campaign committee accepted any contributions at the higher limits allowable under OCRA. Councilmember Brooks and Friends of Desley Brooks for City Council 2014 started accepting contributions at the higher limits on August 17, 2013, approximately 11 months before Councilmember Brooks signed and filed an OCRA Form 301 on July 21, 2014. Between August 17, 2013, and July 21, 2014, Councilmember Brooks and Friends of Desley Brooks for City Council 2014 accepted 55 contributions in amounts over the applicable contribution limits, totaling $28,100 in contributions received over the applicable contribution limits. Proposed Penalty: $700. (Attachment 6 – Staff Memorandum; Attachment 7 – Stipulation) DISCUSSION ITEMS 8. 2016-17 Alameda County Grand Jury Report. The Grand Jury released a report on June 1, 2017, that included, among other matters, a review of closed session decisions made by Oakland City Council in recent years as part of the development process for three city-owned properties. The report alleges violations of the California Brown Act and the Oakland Sunshine Ordinance and concludes with findings and recommendations for the City. Attached is the full report; the relevant section can be found on pages 14 – 29 and is titled, Backroom Dealing in Developing City-Owned Properties in Oakland. (Attachment 8 – 2016-17 Alameda County Grand Jury Report) 9. Subcommittee Reports. Commissioners may discuss subcommittee assignments, create a new subcommittee, or report on work done in subcommittees since the Commission’s last regular meeting. Current or recent subcommittees include the following: a. Campaign Finance Subcommittee – Jonathan Stein (Chair), Lisa Crowfoot, and Dana King (held a public meeting on July 19, 2017) b. Education and Outreach Subcommittee – Krisida Nishioka (Chair), Gail Kong, and Marc Pilotin (held a public meeting on June 16, 2017) c. Ticket Policy Subcommittee (ad hoc) – Marc Pilotin (Chair), Dana King, and Jonathan Stein (disbanded on July 3, 2017) 2 CITY OF OAKLAND PUBLIC ETHICS COMMISSION One Frank Ogawa Plaza (City Hall) Special Commission Meeting Monday, July 31, 2017 Hearing Room 1 6:30 p.m. INFORMATION ITEMS 10. Disclosure Program. Lead Analyst Suzanne Doran provides a report of recent disclosure and data illumination activities. (Attachment 9 – Disclosure Report) 11. Education and Engagement Program. Commissioners will review Ethics Analyst Jelani Killings' report on the Commission’s education and outreach activities. (Attachment 10 – Education Report, (Attachment 11 – PEC Newsletter) 12. Enforcement Program. Deputy Director Milad Dalju provides an update on the Commission’s enforcement work since the last regular Commission meeting. (Attachment 12 – Enforcement Report and Attachments) 13. Executive Director’s Report. Executive Director Whitney Barazoto reports on current Commission projects and significant activities since the Commission’s last meeting. (Attachment 13 – Commission Projects) The meeting will adjourn upon the completion of the Commission’s business. A member of the public may speak on any item appearing on the agenda. All speakers will be allotted a maximum of three minutes unless the Chairperson allocates additional time. Should you have questions or concerns regarding this agenda, or wish to review any agenda-related materials, please contact the Public Ethics Commission at (510) 238-3593 or visit our webpage at www.oaklandnet.com/pec. 7/21/17 Approved for Distribution Date Do you need an ASL, Cantonese, Mandarin or Spanish interpreter or other assistance to participate? Please email [email protected] or call (510) 238-3593 or (510) 238-2007 for TDD/TTY five days in advance. ¿Necesita un intérprete en español, cantonés o mandarín, u otra ayuda para participar? Por favor envíe un correo electrónico a [email protected] o llame al (510) 238-3593 o al (510) 238- 2007 para TDD/TTY por lo menos cinco días antes de la reunión. Gracias. 3 CITY OF OAKLAND PUBLIC ETHICS COMMISSION One Frank Ogawa Plaza (City Hall) Special Commission Meeting Monday, July 31, 2017 Hearing Room 1 6:30 p.m. 你需要手語,西班牙語,粵語或國語翻譯服務嗎？請在會議前五個工作天電郵 [email protected] 或 致電 (510) 238-3593 或 (510) 238-2007 TDD/TTY。 4 CITY OF OAKLAND PUBLIC ETHICS COMMISSION One Frank Ogawa Plaza (City Hall) Regular Commission Meeting Monday, June 5, 2017 Hearing Room 1 6:30 p.m. DRAFT Commissioners: Marc Pilotin (Chair), Krisida Nishioka (Vice-Chair), Lisa Crowfoot, Dana King, Gail Kong, and Jonathan Stein Commission Staff: Whitney Barazoto, Executive Director; Milad Dalju, Deputy Director and Chief of Enforcement; Suzanne Doran, Lead Analyst – Civic Technology and Engagement; Jelani Killings, Ethics Analyst; Ana Lara-Franco, Commission Assistant; Simon Russell, Investigator City Attorney Staff: Trish Hynes, Deputy City Attorney REGULAR MEETING MINUTES 1. Roll Call and Determination of Quorum. The meeting was called to order at 6:32 p.m. Members present: Commissioners Pilotin, Nishioka, Crowfoot, King, and Kong. Commissioner Stein was absent Staff present: Whitney Barazoto, Milad Dalju, and Suzanne Doran City Attorney Staff: Trish Hynes, Deputy City Attorney 2. Staff and Commission Announcements. There were no staff or Commission announcements. 3. Open Forum. There were no public speakers. CONSENT ITEMS1 4. Approval of Commission Meeting Draft Minutes. a. April 3, 2017, Regular Meeting Minutes b. April 25, 2017, Special Meeting Minutes – Retreat c. May 15, 2017, Special Meeting Minutes – Recruitment Commissioner Nishioka moved and Commissioner King seconded to approve all consent items. The motion passed 5-0. 1 If more than one item is on Consent, all Consent items will be voted on all at once, unless a Commissioner requests removal of an item from Consent prior to the vote. 1 CITY OF OAKLAND PUBLIC ETHICS COMMISSION One Frank Ogawa Plaza (City Hall) Regular Commission Meeting Monday, June 5, 2017 Hearing Room 1 6:30 p.m. DRAFT ACTION ITEMS 5. Draft Ticket Distribution Policy. The ad hoc Ticket Policy Subcommittee presented a draft City-wide policy for Commissioners to review as a recommended replacement to the City’s existing ticket distribution policy (City Council Resolution 82032). Commissioners discussed the draft and asked questions. There were four public speakers: Brenda Roberts, Stephanie Hom, Ken Katz (comment via email), and Becca. 6. In the Matter of the City Administrator Deanna Santana; Case No. 13-08. Staff recommended that the Commission close this matter without further action. Commissioner Kong moved and Commissioner Nishioka seconded to approve staff recommendation. The motion passed 5-0. DISCUSSION ITEMS 7. Subcommittee Reports. Chair Pilotin announced that the Enforcement Subcommittee has been
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