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Public Ethics Commission Pending Complaints

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Public Ethics Commission Pending Complaints Public Ethics Commission List of Pending Complaints Date Date of * † Case # Complainant Respondents Alleged Violation Status/Phase Priority Rec’d Alleged Viol 10/29/14 14-25 Scott Brizel, PSAI Realty 06/14 Alleges a violation of the Oakland Campaign Reform Act (OCRA) as Investigation 1 Julian Nadel Partners, LLC; PSAI a result of four contributions that total $2,800, over the $700 Realty Partners II, contribution limit, made to the Libby Schaaf for Oakland Mayor 2014 LLC; PSAI Realty committee. Partners CAC; Peter Sullivan Associates, Inc. 9/19/14 14-24 Ralph Kanz Susan Piper 4/3/14 Alleges respondent made contributions to City Council candidate Resolution 1 5/18/14 Anne Campbell-Washington while she was on the Oakland Unified School District Board, during the time the respondent was negotiating a contract with the Oakland Unified School District. 9/19/14 14-23 PEC-initiated/ Oakland Maritime 2013-2014 Alleges that businesses that were negotiating contracts with the Resolution 1 Anonymous Support Services, City made contributions to City Councilmember Rebecca Kaplan, Inc., Cypress who is also a candidate for elective office, during the time the Security, LLC contract was being considered by the City Council. 9/25/14 14-22 Ralph Kanz Oakland Unified 8/19/14 - Alleges violation of the Sunshine Ordinance and California Public Intake 2 School District present Records Act by the Oakland Unified School District in responding Rebecca Hopkins, to a public records request. Troy Flint 9/3/14 14-20 PEC-initiated Desley Brooks, 8/1/13 – Alleges failure to file OCRA Form 301 before accepting higher Resolution 1 Friends of Desley 7/20/14 contributions at the limit allowable for candidates who accept the Brooks voluntary expenditure ceilings per Form 301. 8/28/14 14-19 Gene Hazzard Michael V. Johnson 06/20/2014 Alleges that the Committee to elect Michael V. Johnson for City Investigation 1 Council committed several acts in violation of Title 3 of Oakland Campaign Reform Act,,i.e. Sections 3.12.050, et. Al. 7/17/14 14-16 Robin John Bailey, ED of 6/19/14 Alleges the respondent made it difficult for complainant to record Intake 2 Raveneau Workforce the audio of a public meeting by forcing her to move her recording Investment Board device to a less favorable location. * Status aligns with the Commission’s complaint procedures: Intake, Preliminary Review, Investigation, Resolution, or Administrative Hearing. † Priority code (1-3, with 1 being the first priority) is assigned based on the following factors: Commission authority to issue penalties, impact of Commission decision, public interest, timing, and relevancy, and Commission resources. 11/21/14 1 Date Date of * † Case # Complainant Respondents Alleged Violation Status/Phase Priority Rec’d Alleged Viol 7/14/14 14-15 Ralph Kanz Councilmembers 6/5/14 and Alleges a violation of OMC Section 2.24.020 by respondent’s not Intake 2 Dan Kalb and Libby 7/1/14 submitting a Council meeting item regarding a redistricting Schaaf commission to the Public Ethics Commission 7/14/14 14-14 Ralph Kanz City Councilmember 6/12/14 Alleges failure to obtain recommendation from PEC on Rules Intake 2 Pat Kernighan Committee Item violated OMC §2.24.020 7/14/14 14-13 Ralph Kanz City Councilmember 6/19/14 Alleges failure to file agenda related material on Rules Committee Intake 2 Dan Kalb Agenda violated OMC §2.20.080 7/14/14 14-12 Ralph Kanz City Council 6/23/14 Alleges failure to notice closed session meeting agendas in Intake 2 through violation of the Sunshine Act; Alleges serial council meetings held 7/3/14 to discuss Coliseum/Oakland A’s also in violation of the Sunshine Act 7/14/14 14-11 Ralph Kanz Public Ethics 7/7/14 Alleges failure to file draft Ethics ordinance with City Clerk (OMC § Investigation 1 Commission 2.20.080) 6/23/14 14-10 Jeffrey Cash Rebecca Kaplan, 2010 and Alleges candidate used ballot measure funds to pay for expenses Investigation 1 Coalition for Safe ongoing associated with her candidacy for City elective office in violation of Streets and Local the Oakland Campaign Reform Act. Jobs 5/6/14 14-09 Cyrus Farivar OPD & Amber Fuller Request Alleges violation of the Sunshine Ordinance and California Public Preliminary 2 made on Records Act by the Oakland Police Department in responding to a Review 2/9/14 public records request. 9/11/13 13-08 Rashidah Mayor Jean Quan Ongoing Alleges a violation of the Ralph M. Brown Act and Oakland Investigation 2 Grinage Sunshine Ordinance by holding private meetings to “re-legislate City Administrator through labor negotiations what was public policy decided in Open Deanna Santana Session under the Ralph M. Brown Act.” (Related to decisions being made about whether to place intake positions within the City Attorney Oakland Police Department or the Citizens’ Police Review Board.) Barbara Parker 7/23/13 13-5 John Klein Office of the Mayor 6/25/13 to Alleges a violation of the California Public Records Act by the Investigation 2 present Office of the Mayor in not responding to a public records request. 11/21/14 2 Date Date of * † Case # Complainant Respondents Alleged Violation Status/Phase Priority Rec’d Alleged Viol 7/15/13 13-4 Retired Oakland Police & Fire 6/19/13 Alleges a violation of the Oakland Sunshine Ordinance and the Investigation 2 Police Officers Retirement System Ralph M. Brown Act by holding a closed session meeting on June Association Board 19, 2013. 6/10/13 13-3 Ralph Kanz City Council 6/10/13 Alleges a violation of the Oakland Sunshine Ordinance and the Investigation 2 Members: Brooks, Ralph M. Brown Act by five Councilmembers meeting to agree to Reid, Gallo, Kalb & hold a special meeting on June 13, 2013. Gibson-McElhaney 4/26/12 12-04 City Auditor/ Ignacio De La Alleges respondent failed to report $37,500 in payments from a Investigation 2 Anonymous Fuente campaign group tied to a lobbyist for a group competing for the Coliseum mgmt contract (alleges failure to report payment and a COI issue) 4/4/12 12-03 City Auditor/ Downtown Oakland 12/09 and Alleges respondents failed to provide adequate public notice about Investigation 2/3 Anonymous Association and annually discussions and decisions related to the payment of “holiday Lake Merritt/Uptown thereafter bonuses,” adds that discussion of bonuses was never put on open District Assoc. session agenda 4/4/11 11-01 PEC initiated ABC Security and/or Various; Complaint alleges two contractors made impermissible campaign Investigation 2 Ana Chretien; approx. betw contributions to candidates in the Nov 2010 election (OCRA; Marina Security 3/1/10 and §3.12.140) and/or Sam 7/27/10 Tadesse 11/1/10 10-28 Ralph Kanz Ala. Demo. Central 10/29/10 OCRA; §3.12.230 – Alleges 1) failure to include written disclosure Investigation 2 Comm.; OakPAC required by OCRA and 2) failure to file late contribution and independent expenditure reports 10/13/10 10-26 Ralph Kanz Jean Quan 6/30/10 and OCRA; §3.12.050; 3.12.090 – Alleges failure to report and include Investigation 3 Floyd Huen ongoing information regarding respondent’s loans to own campaign 10/13/10 10-25 Ralph Kanz Don Perata 6/30/10 and OCRA; §3.12.090(A)(D) – Alleges campaign was given extension Investigation 3 ongoing of credit of over $1500 for more than 90 days 9/14/10 10-21 Jean Quan Don Perata, Paul Ongoing OCRA violations – Alleges respondent campaign exceeded the Investigation 3 Kinney; CA voluntary expenditure limit during the November 2010 election Correctional POA; Ronald T. Dreisback; T. Gary Rogers; Ed DeSilva; Richard Lee 11/21/14 3 Date Date of * † Case # Complainant Respondents Alleged Violation Status/Phase Priority Rec’d Alleged Viol 3/23/10 10-07 Sanjiv Handa Victor Uno, Joseph 1/1/07 to Lobbyist Registration Act – Alleges respondents failed to register Investigation 3 Haraburda, Scott present as lobbyists Peterson, Sharon Cornu, Barry Luboviski, Phil Tagami 3/3/10 10-05 David Mix Oakland City 3/2/10 Oakland Sunshine Ordinance – Alleges City Council Rules Investigation 3 Council Committee failed to make an “urgency finding” to schedule a decision (per Section 2.20.080) 11/21/14 4 .
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