APPROVED AS TO FORM AND LEGALITY
DRAFT
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION ON THE CITY COUNCIL’S OWN MOTION
SUBMITTING TO THE VOTERS FOR THE NOVEMBER 5, 2024
GENERAL MUNICIPAL ELECTION A MEASURE THAT WOULD
AMEND CITY CHARTER SECTIONS 603, 401 AND 403, AND
OAKLAND MUNICIPAL CODE CHAPTERS 2.24 AND 3.20 TO,
AMONG OTHER THINGS:
(1) REVISE THE QUALIFICATIONS AND RESTRICTIONS ON
ELIGIBILITY TO SERVE AS A COMMISSIONER ON THE
PUBLIC ETHICS COMMISSION (COMMISSION);
(2) ESTABLISH THAT MEMBERS OF THE COMMISSION MAY
SERVE IN HOLDOVER STATUS FOR A PERIOD OF ONE
YEAR;
(3) SPECIFY THE VOTE THRESHOLD FOR ACTION BY THE
COMMISSION;
(4) REVISE THE REMOVAL PROCEDURES FOR MEMBERS OF
THE COMMISSION;
(5) ADD ADDITIONAL MINIMUM STAFFING REQUIREMENTS
FOR THE COMMISSION AND LIMIT THE ABILITY OF THE
CITY TO REDUCE STAFFING BASED ON FISCAL
NECESSITY;
(6) PROVIDE THE EXECUTIVE DIRECTOR THE ABILITY, AT
THEIR DISCRETION, TO HIRE OUTSIDE LEGAL COUNSEL
IN ADDITION TO USING THE CITY ATTORNEY TO RENDER
LEGAL ADVICE AND SERVICES TO THE COMMISSION
RELATING TO LAWS THE COMMISSION ADMINISTERS
OR ENFORCES;
2 (7) EXPAND THE TYPES OF LAWS THAT THE CITY COUNCIL
MUST FORWARD TO THE COMMISSION TO REVIEW;
(8) REQUIRE THE CITY COUNCIL TO CONSIDER ALL
PROPOSALS FROM THE COMMISSION REGARDING
AMENDMENTS TO ANY LAW THE COMMISSION
ENFORCES OR ADMINISTERS;
(9) AMEND THE CITY ATTORNEY AND CITY AUDITOR
SALARY REVIEW SCHEDULE TO ALLOW THE
COMMISSION TO SET THE SALARY ON A BI-ANNUAL
BASIS; AND
(10) AMEND THE LOBBYIST REGISTRATION ACT TO
RESTRICT LOCAL GOVERNMENTAL LOBBYISTS FROM
MAKING ANY PAYMENT OR INCURRING ANY EXPENSE
OF ANY AMOUNT THAT DIRECTLY BENEFITS AN
ELECTED CITY OFFICEHOLDER, CANDIDATE OR
MEMBER OF THEIR IMMEDIATE FAMILY; AND
DIRECTING T HE CITY CLERK TO FIX THE DATE FOR
SUBMISSION OF ARGUMENTS AND PROVIDE FOR NOTICE
AND PUBLICATION, AND TO TAKE ANY AND ALL OTHER
ACTIONS NECESSARY UNDER LAW TO PREPARE FOR AND
CONDUCT THE NOVEMBER 5, 2024 GENERAL
MUNICIPAL ELECTION
WHEREAS, in 2014, Oakland voters passed Measure CC, with 73.9% of voter support, adding Section 603 to the City Charter to significantly strengthen the independence, authority, and staffing of the Public Ethics Commission (Commission); and
WHEREAS, the Commission’s workload and responsibilities have increased significantly since the passage of Measure CC; and
WHEREAS, after ten years, the provisions in Section 603 no longer reflect the Commission’s actual staffing and budgetary needs and have not kept pace with best practices in other jurisdictions for ensuring ethics commission independence; and
WHEREAS, on April 10, 2024, the Commission adopted a set of recommendations to strengthen its independence, modernize its governance procedures to align with best practices in other jurisdictions, and enhance its staffing and administrative capacity to meet current program needs; and
WHEREAS, there have been no significant revisions to the Commission’s governance structure since 2014; and
3 WHEREAS, in 2022 Oakland voters passed Measure W, the Fair Elections Act, with 73.9% voter support, which commits the Commission to implementing the Democracy Dollars public campaign financing program to make Oakland elections more equitable, accessible, and fair ; and
WHEREAS, the Commission’s enforcement caseload now vastly outpaces staff capacity, forcing over half its cases to be put on indefinite hold, leading to diminished enforcement and deterrence, which is contrary to the goals and purpose of the Commission; and
WHEREAS, the Commission requires an adequate staffing level to meet its commitment to voters to implement the Fair Elections Act, enforce ethics laws, and keep up with its other core functions; and
WHEREAS, an effective, independent, and adequately funded watchdog agency is critical to increasing the public’s trust in the governance of the City of Oakland; and
WHEREAS, the City Council finds that amendments to the Lobbyist Registration Act further the purposes of that ordinance, by prohibiting gifts to elected off icials, candidates, and their immediate family which may create a risk or the appearance of corruption; now therefore be it
RESOLVED: That the City Council hereby authorizes and directs the City Clerk, at least 88 days prior to the next general municipal election date, to file with the Alameda County Board of Supervisors and the Registrar of Voters certified copies of this resolution; and be it
FURTHER RESOLVED: That the City Council hereby proposes to amend Charter section 603, 401(1), 403((3) and Oakland Municipal Code Chapter 2.24 AND 3.20 to add, delete, or modify sections as set forth below (section numbers and titles are indicated in capitalized bold ty pe; additions are indicated by underscoring , deletions are indicated by strike-through type ; portions of the provisions not cited or not shown in underscoring or strike-through type are not changed).
The people of the City of Oakland do ordain as follows:
Section 1. Amendments of Section 603 of the Charter of the City of Oakland. Section 603, Public Ethics Commission, of the Charter of the City of Oakland is hereby amended as follows with deleted text shown as strikethrough and new text shown as underscored:
SECTION 603 – PUBLIC ETHICS COMMISSION
(a) Creation, and RolePurpose and Responsibilities.
(1) There is hereby established a Public Ethics Commission as an independent department of the City whose purpose shall be to promote more inclusive, 4 representative, and accountable democracy in Oakland and to promote fairness, openness, honesty and integrity in City government.
which(2) The Commission shall be responsible for:
(i1) enforcement of laws, regulations and policies intended to assure fairness, openness, honesty and integrity in City government, including compliance by the City of Oakland, its elected officials, officers, employees, boards and commissions, lobbyists, candidates, campaign committees, and other persons subject to laws within the jurisdiction of the Commission;
(2ii) education and responding to issues regarding the aforementioned laws, regulations and policies, and;
(3iii) impartial and effective administration and implementation of programs to accomplish the goals and purposes of the Commission as defined by this Section, including programs to promote more inclusive, representative, and accountable democracy in Oakland.
Such laws, regulations, policies, and programs shall include those relating to campaign finance, lobbying, transparency, and governmental ethics, as they pertain to Oakland. (3) The Commission shall have the power to make recommendations to the City Council on matters relating to the foregoing.
(4) Nothing in this Section shall preclude other City officials, agencies, boards and commissions from exercising authority heretofore or hereafter granted to them, with the exception of Charter Section 603(b)(5).
(b) Functions and Duties. It shall be the function and duty of the Public Ethics Commission to:
(1) Foster and enforce compliance with:
(i) Sections 218 ("Non-interference in Administrative Affairs"), 907 ("Nepotism"), 1200 ("Conflict of Interest") and 1202 ("Conflict in Office") of this Charter, for violations occurring on or after January 1, 2015;
(ii) The Oakland Campaign Reform Act, Oakland Fair Elections Act, False Endorsement in Campaign Literature Act, Oakland's Conflict of Interest Code, code of ethics and governmental ethics ordinance, the Oakland Lobbyist Registration Act, the Oakland Sunshine Ordinance, any ordinance intended to protect City whistleblowers from retaliation, and other Oakland laws regarding campaign finance, lobbying, transparency, or governmental ethics, as provided by ordinance or this Charter.
(iii) Related state laws including, but not limited to, the Political Reform Act, Ralph M. Brown Act, and Public Records Act, as they pertain to Oakland.
(2) Report to the City Council concerning the effectiveness of all local laws regarding campaign finance, lobbying, transparency, and governmental ethics. (3) Issue oral advice and formal written opinions, which may be done in consultation with the City Attorney.
5 (4) Within the time period for submission of such information for the timely completion of the City's regular budget process, provide the Mayor and City Council with an assessment of the Commission's staffing and budgetary needs. (5) Act as the filing officer and otherwise receive and retain documents whenever the City Clerk would otherwise be authorized to do so pursuant to Chapter 4 of the California Political Reform Act of 1974 (Government Code Section 81000, et seq.), provided that this duty shall be transferred to the Commission during the 24 months following the effective date of this provision and the Commission shall be the sole filing officer for the campaign finance programs by January 1, 2017.
(6) Educate and promote understanding regarding the requirements under the Commission's oversight and study any significant non-compliance problems or trends with Oakland's campaign finance, lobbying, transparency, and governmental ethics laws and identify possible solutions for increasing compliance.
(7) Review and make recommendations regarding all City systems used for public disclosure of information required by any law within the authority of the Commission.
(8) Administer and adopt policies to implement the Democracy Dollars Program or any other campaign public financing program.
(98) Perform such other functions and duties as may be prescribed by laws of this Charter or City ordinance.
(c) Councilmember Elected Official Salary Increases. The Public Ethics Commission shall set the salary for City Councilmembers, the City Attorney, and the City Auditor as provided for in Charter Sections 202, 401(1), and 403(1) Council compensation as provided for in Charter Section 202.
(d) Appointment, Qualifications, Vacancies, Terms. The Public Ethics Commission shall consist of seven (7) members who shall be Oakland residents. Commissioners shall serve without compensation.
The Commission shall be appointed as follows in subsection (1) and (2). (1) (i) Appointments by Mayor, City Attorney and City Auditor.
The Mayor shall appoint one member who has represented a local civic organization with a demonstrated history of involvement in local governance issues.
The City Attorney shall appoint one member who has a background in public policy or public law, preferably with experience in governmental ethics or open government matters.
The City Auditor shall appoint one member who has a background in campaign finance, auditing of compliance with ethics laws, protection of whistleblowers, or technology as it relates to open government. 6 Prior to appointment, all appointees must attest in their application for appointment to attendance of at least one Public Ethics Commission meeting. The Mayor, City Attorney, and City Auditor may not appoint an individual who was paid during the past two years for work by a committee controlled by the official.
Upon the effective date of this section, the three members appointed by the Mayor prior to 2015 shall continue to serve the remainder of their terms. Vacancies in the three positions appointed by the Mayor shall be filled in the following manner: the City Attorney shall appoint a member to fill the first vacancy; the City Auditor shall appoint a member to fill the second vacancy and the Mayor shall appoint the member to fill the third vacancy. Thereafter, the positions appointed by the Mayor, City Attorney and City Auditor shall be filled in the same manner and upon consideration of the same criteria as the initial appointments.
The appointments made by the Mayor, City Attorney, and City Auditor may be rejected by City Council Resolution within 45 days of receiving formal notice of the appointment. An appointment shall become effective once written notice is made by the appointing authority to the City Clerk.
Upon receiving such written notice, the Clerk shall promptly provide formal notice to the City Council and the Executive Director of the Commission.
(2) (ii) Commission Appointments. The four members of the Commission who are not appointed by the Mayor, City Attorney or City Auditor shall be appointed, following a public recruitment and application process, by the affirmative vote of at least four (4) members of the Commission. Any member so appointed shall reflect the interests of the greater Oakland neighborhood, nonprofit and business communities. Prior to appointment, all appointees must attest in their application for appointment to attendance of at least one Public Ethics Commission meeting.
(2) Commissioner Qualifications.
(i) Each member of the Commission shall be a resident of Oakland and registered to vote in a City or Oakland Unified School District election. (ii) Prior to appointment, all appointees must attest in their application for appointment to attendance of at least one Public Ethics Commission meeting.
(iii) A person is ineligible to be appointed to the Commission if that person, in the two (2) years preceding their appointment, has been any of the following:
(A) A City or Oakland Unified School District elected official; (B) A spouse, registered domestic partner, parent, sibling, or child of a City or Oakland Unified School District elected official; 7 (C) An employee of a City or Oakland Unified School District elected official;
(D) A candidate for a City or Oakland Unified School District elected office;
(E) An employee of, or paid consultant to, a candidate running for a City or Oakland Unified School District elected office, or a campaign committee controlled by a City or Oakland Unified School District elected official;
(F) An officer or paid employee of a political party;
(G) A person who has contributed, in the aggregate, more than two times the individual contribution limits (excluding any contributions attributable to public campaign funds) to one or more candidates for a City or Oakland Unified School District elected office, to a campaign committee controlled by a City or Oakland Unified School District elected official, or to a campaign committee that supported or opposed a candidate for a City or Oakland Unified School District elected office;
(H) A registered Oakland lobbyist.
Notwithstanding the requirements of this Paragraph, a Commissioner appointed prior to January 1, 2025, shall be subject only to the qualifications in effect at the time of the Commissioner’s appointment.
(3) Terms of Office. All categories of member shall be appointed to staggered terms. Members of the Commission shall be appointed to overlapping terms, to commence upon date of appointment, except that an appointment to fill a vacancy shall be for the unexpired term only. Members of the Commission shall serve for a term of three (3) years. No member may serve more than two consecutive full three-year terms. If a member is appointed to fill an unexpired term which term is for more than 1.5 years, such member may serve only one additional consecutive three-year term. If a member is appointed to fill an unexpired term which term is for less than 1.5 years, such member may serve two consecutive full three-year terms. In the event a member’s replacement has not been appointed by the conclusion of the member's term, that member may continue to serve as a member of the Commission during the following term in a holdover capacity for a period not to exceed one year until a new member is appointed to serve the remainder of such following term. (4) Quorum and Voting. Four (4) members shall constitute a quorum. Provided that a quorum exists, the Commission may take action by majority vote of the members present at a meeting, except as otherwise required in this Section or another law enacted by the voters.
(5) Vacancy. A vacancy on the Commission will exist whenever a member dies, resigns, ceases to be a resident of the City or is absent continuously from the City for a period of more than 30 daysis absent from three (3) consecutive 8 regular Commission meetings without permission from the Chair of the Commission, is convicted of a felony, is judicially determined to be an incompetent, is permanently so disabled as to be unable to perform the duties of a member, or is removed. A finding of disability shall require the affirmative vote of at least four (4) members of the Commission after considering competent medical evidence bearing on the physical or mental capability of the member.
Vacancies not filled by the Mayor, City Attorney, or City Auditor within 12090 days of the occurrence of such vacancy may shall be filled instead by the CommissionCityCouncil in the same manner as provided by Charter, Section 601 following a public recruitment and application process and by the affirmative vote of at least four (4) members of the Commission. The Commission’s appointee shall possess the same background qualifications that would otherwise be required of an appointee of the Mayor, City Attorney, or City Auditor as set forth in (d)(1)(i). For purposes of this paragraph, a seat filled by a member acting in a holdover capacity will be considered vacant as of the expiration of the holdover's prior term of office.
(6) Removal. Members of the Commission may be removed, after a hearing, by either the City Council by the affirmative vote of at least six (6) members of the Council or by the Commission by the affirmative vote of at least five (5) members of the Commission, by their appointing authority, with the concurrence of the Council by Resolution, only for conviction of a felony, substantial neglect of duty, gross misconduct in office, inability to discharge the powers and duties of office, absence from three consecutive regular meetings except on account of illness or when absent by permission of the Commission, or substantial violation of this Charter Ssection., Prior to the hearing, the member at risk of removal shall be provided with after written notice of the grounds on which removal is sought and an opportunity for a written response. The City Council or the Commission may initiate removal proceedings and shall provide such written notice to the member.
(e) Qualifications and During and Post-Service Restrictions. Each member of the Commission shall be a resident of Oakland and registered to vote in Oakland elections.
No member of the Commission shall:
(1) Have an employment or contractual relationship with the City during the member's tenure and for a period of one year after the date of separation. (2) Have an employment or contractual relationship with an elected official of the City or Oakland Unified School District, or receive a gift or other compensation from such officials, during the member's tenure. (32) Be a registered Oakland lobbyist or be required to register as an Oakland lobbyist, or be employed by or receive gifts or other compensation from a registered Oakland lobbyist during the member's tenure and for a period of one year after the date of separation.
(43) Seek election to any other public office in a jurisdiction that intersects with the geographic boundaries of Oakland, during the member’s tenureor participate in or contribute to an Oakland municipal campaign.
9 (54) Endorse, support, oppose, contribute to, or volunteer or work on behalf of any candidate or ballot measure in an City or Oakland Unified School District election during the member’s tenure, except for a ballot measure that expressly pertains to the activities or authority of the Commission or to the laws under the jurisdiction of the Commission. The Commission may adopt rules to implement this exception.
(6) Serve as an officer or employee of a political party during the member’s tenure.
Notwithstanding the requirements of this Subsection, a Commissioner appointed prior to January 1, 2025, shall be subject only to the during and post-service restrictions in effect at the time of the Commissioner’s appointment.
(f) Enforcement.
(1) Authority. In furtherance of Charter Section 603(b)(1) and (5). the Public Ethics Commission is authorized to:
(i) Conduct investigations;
(ii) Conduct audits of compliance with disclosure requirements with the Commission;
(iii) Conduct public hearings as provided by the Commission's complaint procedures or other law;
(iv) Issue subpoenas to compel the production of books, papers, records and documents and take testimony on any matter pending before the Commission. The Commission may seek a contempt order as provided by the general law of the state for a person's failure or refusal to appear, testify, or to produce required books, papers, records and documents; (v) Impose penalties, remedies and fines, as provided for by ordinance.
Ordinances enforced by the Public Ethics Commission shall not be subject to the $1,000 limit on fines provided Sections 217 and 1208 of this Charter. The Commission's decision to impose penalties and fines for violation of any regulation or ordinance over which the Commission has authority shall be appealable to the Alameda County Superior Court by filing a petition for writ of mandamus;
(vi) Submit referrals to other enforcement authorities, including but not limited to the Alameda County District Attorney, California Fair Political Practices Commission, and California Attorney General;
(vii) Seek remedial relief for violations and injunctive relief; (viii) By an affirmative vote of at least five (5) members, reprimand, censure, or impose administrative remedies, as provided by a governmental ethics ordinance adopted by the City Council, for violations of Section 218 and 1202 of this Charter, according to the Commission's due process procedures as provided in the Commission's complaint procedures;
10 (ix) Reprimand, censure, or impose administrative remedies, as provided by a governmental ethics ordinance adopted by the City Council, for violations of Section 907 of this Charter, according to the Commission's due process procedures as provided in the Commission's complaint procedures;
(x) Perform other functions as authorized by law.
(2) Final enforcement action. Final enforcement action by the Commission on a matter, including but not limited to the imposition of fines or dismissal of a case, shall be made by an affirmative vote of at least four (4) members. (3) Investigations. Preliminary review by Commission staff of allegations Confidentiality. Records and information obtained by the Commission during the preliminary review and investigation of a complaint shall be confidential and exempt from public disclosure, to the extent permitted by law, until any of the following occurs:
(i) Placement of the item on a Public Ethics Commission meeting agendaFinal enforcement action by the Commission;
(ii) Passage of one year since the complaint was filed; (iiiii) Action by the Executive Director closing the file matter without placing it on the agenda, pursuant to the Commission's complaint procedures or policies; or
(iiiiv) Expiration of the Statute of Limitations.
Nothing in this section limits the ability of the Commission to disclose such records or information when charging, prosecuting, closing, or dismissing an investigation or complaint into alleged violations of the laws under its jurisdiction. This section does not prevent the Commission from applying any other exemption from disclosure that may be available under City or state public records disclosure laws. To the extent permitted by law, disclosure of records or information in the course of making a referral to other enforcement authorities shall not constitute a waiver of the confidentiality protections under this section. (4) Penalty guidelines and Enforcement Discretion. The Public Ethics Commission shall develop a policy setting forth standards for imposing penalties and exercising enforcement discretion. Commission staff shall adhere to the policy when recommending penalties under each of the different penalty provisions that the Commission has the power to enforce. (5) Per diem late filing fees. Regarding per diem fees that are authorized due to the late filing of disclosure reports, including campaign finance statements, lobbyist reports, and other ethics-related disclosures filed with the Commission by law, the following shall apply:
(i) Assessments. Any instance of late filing that triggers the assessment of a fee of $1,000 or more by the Commission shall be placed on a Commission meeting agenda before issuance of the fee;
(ii) Waiver guidelines. The Commission shall establish waiver guidelines in accordance with state law, which the Commission, as the filing officer, shall follow in determining whether or not to grant a waiver. These guidelines shall be published on the Commission's website. The 11 Commission shall prescribe criteria for appeal to the Commission of waiver decisions made by the Executive Director. At each regular Commission meeting, the Executive Director shall provide a written report, which shall be published online, regarding any waivers decisions made since the previous regular meeting;
(iii) Referral of final, uncollected fees to collections. Unpaid non- investigatory, per diem late filing fees for disclosure programs that are past due for more than 90 days shall be referred to a City delinquent revenue collection office.
(6) Private right of action. Oakland residents shall have a private right of action to file suits to enforce the Oakland Campaign Reform Act, Oakland Lobbyist Registration Act, Oakland Sunshine Ordinance, and any City governmental ethics ordinance when the City does not impose or stipulate to a penalty or file suit for a particular violation. Such private right of action shall be enabled for a given ordinance once criteria for such suits, including but not limited to a required notice period, actionable violations and remedies that may be sought, are prescribed by the ordinance.
(g) Staff Assistance & Budget.
(1) The City shall appropriate a sufficient budget for the Public Ethics Commission to fulfill the functions and duties as set forth above. (2) Sufficient staffing shall not be less than the following minimum staffing requirement. The City shall meet a minimum staffing requirement for the Commission. The minimum staffing shall consist of the following full-time positions or their equivalent should classifications change:
(i) Executive Director;
(ii) Enforcement Chief;
(iii) Two (2) Ethics Investigators;
(iv) Effective July 1, 2027, one other full-time equivalent non-administrative enforcement staff position, which may include an investigator, staff attorney, auditor, or other appropriate position to be determined as necessary by the Commission;
(v)ThreeFour (4) full-time equivalent staff positions, which may include including an Ethics Analyst I,; Ethics Analyst II,; Administrative Analyst I, and Administrative Assistant I, or other similar positions to be determined as necessary by the Commission.
(vi) Effective July 1, 2023, the City shall also provide additional adequate staff necessary to properly administer the Democracy Dollars Program established by the Oakland Fair Elections Act, including, but not limited to, one full-time Democracy Dollars Program Manager and three (3) full-time equivalent positions, to be determined as necessary by the Commission, all of whom shall report to the Executive Director of the Public Ethics Commission. (3) The minimum staffing budget set-aside may be suspended or reduced, for a fiscal year or a two-year budget cycle, upon a finding in the budget resolution that the City is facing an extreme fiscal necessity, as defined by City Council 12 resolution. The proportion of such reduction may not exceed the overall reduction in staffing for all City employees paid out of the General Purpose Fund for that fiscal year or two-year budget cycle.
(4) The Executive Director shall serve at the pleasure of the Commission. By an affirmative vote of at least four (4) members, the Commission may terminate the Executive Director. Upon a vacancy, the Commission shall conduct a search for the Executive Director with staff assistance provided by the City Administrator.
Upon completion of the search and its vetting of applicants, the Commission shall select two or three finalists and forward the selections to the City Administrator, who shall select one as the Executive Director. The City Administrator shall not have the authority to remove the Executive Director. The Commission shall periodically conduct a performance review of the Executive Director.
(5) The Enforcement Chief may be a licensed California attorney and shall serve at the pleasure of the Executive Director.
(6) Other than the Executive Director and Enforcement Chief, staff shall be civil service in accordance with Article IX of the City Charter. Candidates for staff vacancies shall be selectively certified in accordance with the Civil Service Personnel Manual, as may be amended from time to time, except that said selective certification shall not be subject to discretionary approval by the Personnel Director.
(76) All staff are subject to the restrictions in Charter Section 603(e), except that staff are not prohibited from employment with the City and the one-year post- service restrictions shall apply only to the Executive Director. (h) Amendment of Laws. Prior to adopting, or enacting any amendments to, laws that the Commission has the power to enforce or administer, the City Council shall make a finding that the proposed changes further the goals and purposes of the ordinance law or program in question and provide specifics substantiating the finding. Absent an urgency finding akin to suspending compliance with the Sunshine Ordinance, amendments to such laws that the Commission has the power to enforce and proposed ballot measures that would adopt or amend such laws shall be submitted to the Commission for review and comment, prior to passage of the amendments or approval of the proposed measures for the ballot by the City Council.
(i) Legal Services.
(1) The City Attorney shall provide the Commission with legal assistance, to the extent such assistance does not constitute a conflict.
(2) In addition to receiving legal advice and legal services from the City Attorney, the Commission may employ and/or contract for, in the discretion of the Executive Director, one or more attorneys to provide legal advice and legal services to the Commission relating to the laws that the Commission administers or enforces, including but not limited to representing the Commission in enforcement-related litigation, or when the Executive Director determines there is an actual conflict in the City Attorney providing legal assistance to the Commission. The choice of counsel shall be at the sole discretion of the Executive Director. When considering a candidate for an attorney 13 position, the Executive Director shall consider the candidate's familiarity with laws relating to campaign finance, government ethics, lobbying, open meetings and public records.
(3) The City Council shall appropriate a reasonable budget for the Commission to contract for legal services, contract for investigatory services, and for holding administrative hearings.
(j) Consideration of Commission Proposals. The Commission may propose amendments to any law it enforces or administers which, upon being submitted to the Chair of the Rules Committee, shall be considered by the full City Council within 180 days.
(ki) References to Other Laws in this Section. All references to other laws in this Section shall refer to these laws as they may be amended from time to time.
SECTION 2. Amendments of Section 401(1) of the Charter of the City of Oakland.
Section 401(1), City Attorney, of the Charter of the City of Oakland is hereby amended as follows with deleted text shown as strikethrough and new text shown as underscored:
Section 401(1). City Attorney. The City Attorney shall be nominated and elected in the same manner and at the same election as the Councilmember-at-large. The salary of the elected City Attorney shall be set annually every two years by the Public Ethics Commission to provide for competitive compensation and equitable alignment and, taking into account the top of the range for the highest paid professional employee in the Office of the City Attorney and salaries for other City department heads, and shall be comparable to the salaries of City Attorneys and other comparable positions, such as County Counsel or Port Attorney, in California cities, counties and agencies selected by the Commission. The City Attorney's salary may not be reduced during the City Attorney's term of office except as part of a general reduction of salaries of all officers and employees in the same amount or proportion.
SECTION 3 . Amendments of Section 403(1) of the Charter of the City of Oakland.
Section 403(1), City Auditor, of the Charter of the City of Oakland is hereby amended as follows with deleted text shown as strikethrough and new text shown as underscored:
Section 403(1). City Auditor. The City Auditor shall be nominated and elected in the same manner, for the same term, and at the same election, as the Mayor. To be eligible for the office a person must be a qualified elector of the State of California, and shall be a resident of the City at the time of filing nomination papers and for thirty (30) days immediately preceding the date of filing, and shall be certified by the California State Board of Accountancy as a Certified Public Accountant or by the Institute of Internal Auditors as a Certified Internal Auditor, and shall have a minimum of three years of public sector experience in auditing, policy analysis, performance evaluation, investigative oversight, and/or accountancy, or equivalent private sector experience. The salary of the City Auditor shall be set annually every two years by the Public Ethics Commission, to provide for competitive compensation and equitable alignment and, taking into account the top of the range for the highest paid professional employee in the 14 Office of the City Auditor and salaries for other City department heads, and shall be comparable to the salaries of public sector auditor positions in California cities and counties selected by the Commission. The City Auditor’s salary may not be reduced during the City Auditor's term of office, except as a part of a general reduction of salaries for all officers and employees in the same amount or proportion.
SECTION 4. Adoption of Oakland Municipal Code, Section 2.24.110.
Oakland Municipal Code, Chapter 2.24, Public Ethics Commission, Section 2.24.110, City Council Amendments is hereby adopted as follows with new text shown as underscored:
2.24.110 - City Council amendments.
The City Council may make any amendments to this Chapter that are consistent with the purpose, responsibilities, and independence of the Commission as provided in the City Charter. Absent an urgency finding akin to suspending compliance with the Sunshine Ordinance, amendments to this Chapter and proposed ballot measures that would amend this Chapter shall be submitted to the Commission for review and comment, prior to passage of the amendments or approval of the proposed measures for the ballot by the City Council.
SECTION 5. Repeal and Reenactment of Oakland Municipal Code, Section 3.20.180.
Oakland Municipal Code, Section 3.20.180, Restrictions on payments and expenses benefitting local public officials, candidates for local office, designated employees and immediate families, is hereby repealed and reenacted as follows with deleted text shown as strikethrough and new text shown as underscored.
3.20.180 - Restrictions on payments and expenses benefiting local public officials, candidates for local office, designated employees and immediate families.
A. No local governmental lobbyist or a local governmental lobbyist's registered client shall make any payment or incur any expense that directly benefits an elected City officeholder, candidate for elected City office, a designated employee, or a member of the immediate family of one (1) of these individuals, in which the cumulative value of such payments or expenses exceeds two hundred forty dollars ($240.00) during any calendar year.
B. No local governmental lobbyist shall make any payment or incur any expense that directly benefits a designated employee, or a member of the immediate family of a designated employee, in which the cumulative value of such payments or expenses exceeds two hundred forty dollars ($240.00) during any calendar year.
C. No local governmental lobbyist shall make any payment or incur any expense of any amount that directly benefits an elected City officeholder, candidate for elected City office, or a member of the immediate family of one (1) of these individuals.
15 D. The payments and expenses specified in subsections (A) through (C) include gifts, honoraria and any other form of compensation but- do not include (1) campaign contributions; (2) payments or expenses that, within thirty (30) days after receipt, are returned unused or are reimbursed; (3) food, beverages or occasional lodging provided in the home of an individual local governmental lobbyist or individual local governmental lobbyist's registered client when the individual or member of the individual's family is present; (4) a pass or ticket to a fundraising event for a campaign committee or candidate, or for an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; (5) a pass or ticket given to a public agency and which meets the provisions of 2 Cal. Code of Regs. No. 18944. 1 (a) through (e), inclusive; (6) informational material; and (7)
salaries, consulting fees or other payments for services rendered or bargained for. No other exception to, or exclusion from, the definition of gift or honoraria contained in the Political Reform Act of 1974 as amended, and the regulations issued pursuant thereto, shall apply to this Section.
SECTION 6. Severability. If any section, subsection, sentence, clause or phrase of this Measure is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Measure. The voters hereby declare that they would have passed this Measure and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.
SECTION 7. Effective Date. This Measure shall be effective only if approved by a majority of the voters voting thereon and shall go into effect ten (10) days after the vote is declared by the City Council, except the amendments to the Lobbyist Registration Act shall go into effect on January 1, 2025.
and be it
FURTHER RESOLVED: That each ballot used at the November 5, 2024 election shall have printed therein, in addition to any other matter required by law the following:
CHARTER AMENDMENT TO SECTIONS 603, 401 AND 403 OF THE CITY
CHARTER AND AMENDMENT TO OAKLAND MUNICIPAL CODE,
CHAPTERS 2.24 AND 3.20
MEASURE ___
16 Measure _____.
[FINAL BALLOT QUESTION SUBJECT TO CITY ATTORNEY
APPROVAL]
Yes
No
;and be it
FURTHER RESOLVED: That the City Council hereby authorizes and directs the Clerk of the City of Oakland (“City Clerk”), at least 88 days prior to the November 5, 2024 General Municipal Election, to file certified copies of this resolution with the Alameda County Board of Supervisors and the Registrar of Voters; and be it
FURTHER RESOLVED: That the City Council requests that the Board of Supervisors of Alameda County include on the ballots and sample ballots recitals and measure language to be voted on by the voters of the qualified electors of City of Oakland; and be it
FURTHER RESOLVED: That in accordance with the Elections Code and Chapter
3.08 of the Oakland Municipal Code, the City Clerk shall fix and determine a date for submission of arguments for or against said proposed Charter and Oakland Municipal Code amendments, and said date shall be posted by Office of the City Clerk; and be it
FURTHER RESOLVED: That in accordance with the Elections Code and Chapter
3.08 of the Oakland Municipal Code, the City Clerk shall provide for notice, publication and printing of notices as to said proposed Charter and Oakland Municipal Code amendments in the manner provided for by law; and be it
FURTHER RESOLVED: That the City Clerk and City Administrator hereby are authorized and directed to take any and all actions necessary under law to prepare for and conduct the 2024 General Municipal Election and appropriate all monies necessary for the City Administrator and City Clerk to prepare for and conduct the November 5, 2024 General Municipal Election, consistent with applicable law.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID,
AND PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
17 ATTEST:
ASHA REED
Acting City Clerk and Clerk of
the Council of the City of
Oakland, California
3350812v3