Adopted March 6, 2000

On November 5, 1996, the people of the City of Oakland established a Public Ethics Commission by amendment to Oakland City Charter section 202. Pursuant thereto, Ordinance number 11961 C.M.S. was adopted by the Oakland City Council on January 28, 1997, prescribing the functions, duties, powers, jurisdiction and terms of the Public Ethics Commission.

The Commission sets policy and monitors and responds to issues regarding compliance by the City of Oakland, its elected officials, officers, employees, boards, and commissions with City regulations and policies intended to assure fairness, openness, honesty and integrity in City government. Those regulations and policies include, but are not limited to, the Oakland Campaign Reform Act, Oakland's Conflict of Interest Code, Council Code of Ethics, the Oakland Sunshine Ordinance, the Oakland Public Campaign Finance Ordinance and a Lobbyist Registration Ordinance, if adopted.

The City of Oakland Public Ethics Commission

One Frank Ogawa Plaza

4th Floor

Oakland, California 94612

The Commission must comply with all applicable laws, including but not limited to the City of Oakland Charter, the Public Ethics Commission Ordinance (Ordinance # 11961 C.M.S., adopted January 28, 1997), the Oakland Sunshine Ordinance (Ordinance # 11957 C.M.S., adopted January 14, 1997), the Ralph M. Brown Act (Government Code sections 54950 et. seq.), the Political Reform Act of 1974 Government Code sections 81000 et. seq.), the Public Records Act (Government Code sections 6250 et. seq.), the Oakland Conflict of Interest Code, (Ordinance # 11979, as amended), the Oakland Campaign Reform Act, the Oakland Public Campaign Finance Ordinance, and Charter section 202, as amended.

In order to fulfill this mission, the Public Ethics Commission shall:

1. Encourage full participation in government by heightening awareness of the rights of the public to information about their city government;

2. Facilitate access to such information and meetings of public bodies in the City of Oakland;

3. Help ensure that city officials, employees, boards and commissions, candidates and other persons understand their obligations with respect to state and local laws that are intended to assure fairness, openness, honesty and integrity in government; exercise independent oversight over compliance with applicable state and local laws;

4. Make recommendations to the City Council to improve the implementation of the applicable laws and promote ethics compliance;

5. Determine bi-annually whether adjustments to compensation for City Councilmembers are appropriate, subject to voter approval of any increases; and

6. By example, set the standard for ethical conduct.

The Public Ethics Commission shall consist of seven members who are Oakland residents. The Commission shall be appointed as follows: Three (3) members who represent local civic organizations with a demonstrated history of involvement in local governance issues shall be nominated for appointment by the Mayor and confirmed by the City Council: and four (4) members shall be appointed, following a public recruitment and application process by the affirmative vote of at least four (4) members of the Commission. The four (4) members so appointed shall reflect the interests of the greater Oakland neighborhood and business communities. (Oakland City Charter § 202 (b) and Public Ethics Commission Ordinance 11961 C.M.S., § 4. a.)

Members of the Commission are appointed to staggered 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 serve for a term of three (3) years with the following exceptions. For terms commencing immediately preceding adoption of this Ordinance, two (2) non-mayoral appointee members were appointed for a one (1) year term, two (2) non-mayoral appointee members were appointed for a two (2) year term, and the three (3) mayoral appointee members were appointed for a three (3) year term. For mayoral appointee terms commencing in January, 2000, one shall be appointed for a one (1) year term, one for a two (2) year term, and one for a three (3) year term. No member may serve more than one consecutive three (3) year term. (Public Ethics Commission Ordinance 11961 C.M.S., § 4. c.)

Each member of the Commission shall be a resident of Oakland and registered to vote in Oakland elections. During his or her tenure, and for one year thereafter, no member of the Commission shall:

1. Be employed by the City or have any direct and substantial financial interest in any work or business or official action by the City.

2. Seek election to any other City public office, or participate in, or contribute to an Oakland municipal campaign.

3. Endorse, support, oppose, or work on behalf of any candidate or measure in an Oakland election. (Public Ethics Commission Ordinance 11961 C.M.S., § 5.)

A vacancy on the Commission will exist whenever a member dies, resigns, or is removed, or whenever an appointee fails to be confirmed by the City Council within fourteen days of appointment. A vacancy shall be filled no sooner than 30 days and no later than 60 days from the date that such vacancy occurs. Any member of the City Council who chooses to recommend a person or persons to fill a vacancy of any of the three (3) positions appointed by the Mayor and confirmed by the City Council shall forward such recommendation to the Mayor for consideration no later than thirty (30) days from the date that a vacancy occurs. (Public Ethics Commission Ordinance 11961 C.M.S., § 4 d.)

A member appointed by the Mayor may be removed pursuant to Section 601 of the Charter. A member appointed by the affirmative vote of four (4) members of the Commission may be removed by the affirmative vote of four (4) members of the Commission. Among other things, conviction of a felony, misconduct, incompetence, inattention to or inability to perform duties, or absence from (3) consecutive regular meetings except on account of illness or when absent from the City by permission of the Commission, shall constitute cause for removal. (Public Ethics Commission Ordinance 11961 C.M.S., § 4 e.)

Commissioners serve without compensation.

Acceptance of the Oath of Public Office constitutes a Commissioner's sworn responsibility of public trust. Members are required to serve well and to faithfully discharge their duties and responsibilities diligently and consistent with the laws of the City of Oakland and all pertinent state and federal laws.

It shall be the function and duty of the Public Ethics Commission, for and on behalf of the City of Oakland, its elected officials, officers, employees, boards and commissions to:

1. Oversee compliance with and enforcement of the Oakland Campaign Reform Act. (Public Ethics Commission Ordinance 11961 C.M.S., § 2. a.)

2. Oversee compliance with the City of Oakland Code of Ethics. (Public Ethics Commission Ordinance 11961 C.M.S., § 2. b.)

3. Oversee compliance with conflict of interest regulations as they pertain to City of Oakland elected officials, officers, employees, and members of boards and commissions. (Public Ethics Commission Ordinance 11961 C.M.S., § 2. c.)

4. Oversee the registration of lobbyists in the City of Oakland should the City Council adopt legislation requiring the registration of lobbyists. (Public Ethics Commission Ordinance 11961 C.M.S., § 2. d.)

5. Oversee compliance with any ordinance intended to supplement the Brown Act or Public Records Act (the "Oakland Sunshine Ordinance"). (Public Ethics Commission Ordinance 11961 C.M.S., § 2. e.)

6. Review all policies and programs which relate to elections and campaigns in Oakland, and report to the City Council regarding the impact of such policies and programs on City of Oakland elections and campaigns. (Public Ethics Commission Ordinance 11961 C.M.S., § 2. f.)

7. Make recommendations to the City Council regarding amendments to the City of Oakland Code of Ethics, Oakland Campaign Reform Act, Conflict of Interest Code, any ordinance intended to supplement the Brown Act or Public Records Act (the Oakland "Sunshine Ordinance"), and lobbyist registration requirements should the City Council adopt lobbyist registration legislation, and submit a formal report to the City Council every two years concerning the effectiveness of all local regulations and local ordinances related to campaign financing, conflict of interest, lobbying, the Brown Act, the Public Records Act, and public ethics. Public Ethics Commission Ordinance 11961 C.M.S., § 2. g.)

Determine bi-annually whether adjustments to compensation for City Councilmembers are appropriate, subject to voter approval of any increases. In 1997, the Commission established a base salary for the Office of Councilmember. Thereafter, the Commission was charged with fixing City Councilmember compensation bi-annually at a level not to exceed ten percent (10%) above the base salary as adjusted. (Oakland City Charter § 202 c. and Public Ethics Commission Ordinance 11961 C.M.S., § 2. h.)

After November 3, 1998, or until such time as the City Charter is further amended, all salary increases must be approved by a vote of the people pursuant to Oakland City Charter (Oakland City Charter § 202 d. and Public Ethics Commission Ordinance 11961 C.M.S., § 2. h.)

8. Each year, and within the time period for submission of such information for the timely completion of the City's annual budget, provide the City Council with an assessment of the Commission's staffing and budgetary needs. (Public Ethics Commission Ordinance 11961 C.M.S., § 2. i.)

9. Make recommendations to the City Council regarding the imposition of fees to administer and enforce local ordinances and local regulations related to campaign financing, conflict of interest, registration of lobbyists, supplementation of the Brown Act and Public Records Act (the "Oakland Sunshine Ordinance"), and public ethics. (Public Ethics Commission Ordinance 11961 C.M.S., § 2. j.)

10. Make recommendations to the City Council regarding the adoption of additional penalty provisions for violation of local ordinances and local regulations related to campaign financing, conflict of interest, registration of lobbyists, and public ethics. (Public Ethics Commission Ordinance 11961 C.M.S., § 2. k.)

11. Issue oral advice and formal written opinions, in consultation with the City Attorney when necessary, with respect to a person's duties pursuant to applicable campaign financing, conflict of interest, lobbying, and public ethics laws. (Public Ethics Commission Ordinance 11961 C.M.S., § 2. 1.)

12. Prescribe forms for reports, statements, notices, and other documents related to campaign financing, conflict of interest, lobbying, and public ethics. (Public Ethics Commission Ordinance 11961 C.M.S., § 2. m.)

13. Develop campaign financing, conflict of interest, lobbying, Brown Act, Public Records Act and public ethics informational and training programs, including but not limited to:

a) seminars, when appropriate, to familiarize newly elected and appointed officers and employees, candidates for elective office and their campaign treasurers, lobbyists, government officials and the public, with city, state and federal laws related to campaign financing, conflicts of interest, the Public Records Act, the Brown Act, lobbying, and public ethics.

b) preparation and distribution of manuals to include summaries of ethics laws and reporting requirements applicable to city officers, members of boards and commissions, and city employees, methods of bookkeeping and records retention, instructions for completing required forms, questions and answers regarding common problems and situations, and information regarding sources of assistance in resolving questions. The manual shall be updated when necessary to reflect changes in applicable city, state and federal laws related to campaign financing, conflicts of interest, lobbying, and public ethics. (Public Ethics Commission Ordinance 11961 C.M.S., § 2. n.)

14. Perform such other functions and duties as may be prescribed by the Oakland City Charter, the enabling ordinance for the Oakland Public Ethics Commission, Oakland Code of Ethics, Conflict of Interest regulations, ordinances as they may be adopted to supplement the Brown Act and the Public Records Act (the "Oakland Sunshine Ordinance"), or to require the registration of lobbyists in the City of Oakland and the Oakland Campaign Reform Act. (Pubic Ethics Commission Ordinance § 2. o.)

15. Implement the Oakland Sunshine Ordinance by:

a) Within 120 days of initial convening and as needed subsequently, developing appropriate goals and procedures to ensure practical and timely implementation of the Oakland Sunshine ordinance. (Oakland Sunshine Ordinance § 00.30 (A) (1).)

b) Advising the City Council and Board of Port Commissioners and providing information to other city departments and covered bodies on appropriate ways in which to implement the Oakland Sunshine Ordinance with a priority on simple, standard procedures for all covered bodies. (Oakland Sunshine Ordinance § 00.30 (A) (2).)

c) Assisting in citywide training in developing staff education programs on the Oakland Sunshine Ordinance. (Oakland Sunshine Ordinance § 00.30 (A) (3).)

d) Within 120 days of initial convening developing an administrative process of review and enforcement of the Oakland Sunshine Ordinance which could among other options be accomplished by the use of a volunteer ombudsman whose role would be to mediate and resolve disputes, disagreements and conflicts that occur as a result of the enactment of the Oakland Sunshine Ordinance. (Oakland Sunshine Ordinance § 00.30 (A) (4).)

e) Proposing amendments to the Sunshine Ordinance to the City Council as needed. (Oakland Sunshine Ordinance § 00.30 (A) (5).)

f) Reporting to the City Council at least once annually on any practical or policy problems encountered in the administration of the Sunshine Ordinance. (Oakland Sunshine § 00.30 (A) (6).)

In prescribing the above duties and functions of the Commission, it was not the intent of the Council either in the Public Ethics Commission Ordinance or the Oakland Sunshine Ordinance to duplicate or overlap the functions, duties, or responsibilities assigned to any other City board or commission or to a City department. As to such functions or responsibilities of another board or commission or of a department of the City, the Commission will render assistance and advice to such board, commission or department as may be necessary. Nothing in this section shall be construed to prevent City of Oakland officers, employees, and elected or appointed officials from seeking advice directly from the City Attorney, or, when appropriate, the Fair Political Practices Commission, concerning regulations and ordinances related to campaign financing, conflicts of interest, lobbying, and public ethics.

In furtherance of the above enumerated duties and functions, the Oakland Public Ethics Commission is authorized to:

1. Conduct investigations, audits and public hearings. (Public Ethics Commission Ordinance 11961 C.M.S., § 3. a.)

2. Issue subpoenas to compel the production of books, papers and documents and take testimony on any matter pending before the Commission. The Commission may find a person in contempt as provided by the general law of the State for failure or refusal to appear, testify, or to produce required books, papers and documents. (Public Ethics Commission Ordinance 11961 C.M.S., § 3. b.)

3. Impose sanctions, penalties, and fines as provided for by ordinance. 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 a mutually agreed upon arbitrator whose decision shall be final. The decision of the arbitrator is not appealable to the City Council. (Public Ethics Commission Ordinance 11961 C.M.S., § 3. c.)

Rules, regulations and procedures for the conduct of Commission business shall be established by a majority vote of the members present. The Commission must vote to adopt any motion or resolution. The Commission must transmit to the City Council any rules, regulations and procedures adopted by the Commission within seven calendar days of adoption. A rule, regulation or procedure adopted by the Commission shall become effective 60 days after the date of adoption by the Commission unless before the expiration of this 60 day period two-thirds of all the members of the City Council vote to veto the rule, regulation or procedure. (Public Ethics Commission Ordinance 11961 C.M.S., § 7.)

The Officers of the Commission shall be a Chairperson and Vice-Chairperson. At the first regular meeting of each year the members shall elect a chairperson and a vice chairperson. No officer shall serve for more than two (2) consecutive one (1) year terms. (Public Ethics Commission Ordinance 11961 C.M.S., § 6.)

The Chairperson shall preside at all meetings of the Commission and is an ex-Officio member of all standing committees. The Chairperson is accountable to the Commission as a whole in setting policy and shall also perform such duties as may be assigned by the Commission. The Chairperson (or the Chairperson's designee) serves as the liaison to the media and other departments and agencies as necessary.

The Vice Chairperson shall perform the duties and responsibilities that may be delegated by the Chairperson, and the assignments traditionally assigned to that office. In the absence or disability of the Chairperson, the Vice Chairperson shall perform the duties as described in Article IV, Section 2.

The City Manager or designees thereof, shall provide the Commission with staff assistance as necessary to permit the Commission to fulfill the Commission's functions and duties. (Public Ethics Commission Ordinance 11961 C.M.S., § 8.)

The City Attorney is the Commission's legal Advisor. The City Attorney shall provide the Commission with legal assistance, to the extent such assistance does not constitute a conflict of interest. If the City Attorney, in consultation with the Commission, makes a determination communicated in writing that she or he cannot, consistent with the California State Bar Rules of Professional Conduct, provide advice sought by the Commission in any particular case, the Commission may retain independent counsel at the City's expense. (Oakland City Charter § 401 and Public Ethics Commission Ordinance 11961 C.M.S., § 9.)

Any member of the Commission may consult informally with any attorney assigned to the Commission on any matter related to Commission business. However, a request from a commissioner for assistance from any of the Commission's assigned attorneys requiring significant legal research, a substantial amount of time and attention or a written response, may be made only through the Commission's Chair or by a majority vote of the Commission or any of its officially constituted committees.

The City Manager, or designee thereof, shall provide the Commission with staff assistance as necessary to permit the Commission to fulfill the Commission's functions and duties. (Public Ethics Commission Ordinance § 8.)

The Commission's staff shall report to the Chair, who shall be responsible for staff priorities. Commission members may consult staff informally, but any request for substantial assistance or a written report must be authorized by the Chair, or designee, or by a majority vote of the Commission as a whole.

It is the policy of the Commission to appoint individual Commissioners to perform specific tasks or functions. With respect to standing committees that are formed, the Chairperson shall appoint Commissioners to serve on Committees and designate Committee Chairs for a period of one (1) year unless otherwise specified.

The time and place of regular meetings of standing committees shall be established by a duly adopted motion of the standing committees. Special meetings of standing committees may be held at the call of their Chairs, or as deemed necessary by a majority of the Committee membership. All meetings must comply with public notice requirements.

A majority of the members of a committee constitutes a quorum. In the event that a quorum is not established within fifteen (15) minutes of the noticed start time of the meeting, the meeting may be cancelled by the Committee Chairperson. In the alternative, the Committee Chairperson may elect to wait an additional 15 minutes before taking action to cancel the meeting. In determining whether a meeting should be canceled, the Committee Chairperson should consider factors such as whether the delay is caused by conflicting meeting schedules; if prior notice from the member was given that he or she would be late; or if there is a need to take official action on important item(s) of business once a quorum has been established.

If the meeting is declared canceled, discussion of the items noticed on the agenda may continue, but no formal action can be taken. The Commission staff will prepare a record of the discussion, but the record will reflect that the meeting was canceled due to a lack of a quorum and that no final action was taken on the items discussed. The Commission staff shall keep a record of Committee members' attendance. The attendance record shall reflect absences and tardiness (arrival after the fifteen (15) minute scheduled start time) and shall indicate whether the absence or tardiness was excused or unexcused. A Commissioner shall notify the Committee Chairperson or the Commission staff of an anticipated absence. If during the calendar year a Committee member accumulates three (3) unexcused absences and/or late arrivals, Commission staff shall so advise the Chairperson and the Chairperson may, in his or her discretion, remove the member from the Committee. If removed, the member can be considered for reappointment by the Chairperson, as appropriate.

This standing Committee is responsible for developing and implementing plans to educate the public regarding the Commission's function and jurisdiction. The Committee shall promote public awareness and participation in city government by being an advocate for public understanding of their rights under the various ordinances and Acts over which the Commission has jurisdiction. The Committee will disseminate the various ordinances and Acts to city officials, employees, boards and commissions, candidates and other persons having an interest in city government with the intention of ensuring the understanding of their rights and obligations with respect to local laws and supporting state laws that are intended to ensure fairness, openness, honesty and integrity in city government.

This standing Committee is responsible for developing appropriate goals and procedures for implementation of the City of Oakland Sunshine Ordinance for consideration by the Commission. In addition it shall advise the Commission on an administrative process of review and enforcement of the Sunshine Ordinance, on developing education for citywide training for the Sunshine Ordinance, and on proposed amendments to the Sunshine Ordinance for adoption by the City Council. This Committee shall also assist the Commission in advising the City Council and Board of Port Commissioners, and provide information to other City departments and covered bodies on ways in which to implement the Sunshine Ordinance.

This standing Committee shall advise the Commission on the adoption and amendment of the bylaws, rules of procedures, code of conduct and ordinances for the conduct of the Commission's business.

At all meetings of the full Commission, the presence of a majority of the Commissioners shall constitute a quorum for the purposes of conducting a meeting. Once a quorum is established for the purposes of conducting a meeting, a majority vote of the Commissioners present is required to take action on an agendized matter. Whenever during the meeting there is less than a quorum present, a motion to adjourn is appropriate; absent objection, the debate can be continued, but no vote taken, except to adjourn.

All interested persons shall be allowed to express their views (oral or written) at regular Commission or standing Committee meetings regarding matters within the jurisdiction of the Commission and at special Commission or standing Committee meetings on matters that are agendized. However, the Commission agenda need not provide an opportunity for members of the public to address the Commission on any item that has already been considered by a committee composed exclusively of Commission members, at a public meeting wherein all interested members of the public were afforded the opportunity to address the Committee on the item, before or during the committee's consideration of the item, unless the item has been substantially changed since the Committee heard the item, as determined by the Commission.

The Commission shall urge the public, in the strongest terms possible, not to make complaints at public meetings since the public disclosure of such complaints may undermine any subsequent investigation undertaken.

A person wishing to speak must submit his or her name and the item on the agenda he or she wishes to discuss, if any, to the Commission staff before being recognized by the Chairperson. A person wishing to speak must complete a speaker card for each agenda item on which he/she wishes to speak. Multiple agenda items cannot be listed on one speaker card. Speakers' cards must be received by the Commission Staff prior to Commission or Committee action on Modifications to the Agenda, unless consent to speak is given by the Chairperson or a majority of the Commission or Committee. If a speaker signs up to speak on multiple items listed on the agenda, the Chairperson may rule that the speaker be given an appropriate allocation of time to address all issues at one time (cumulative) before the items are called.

Each agenda for regular or special meetings of the Commission or its standing Committees at which action is proposed to be taken on an item shall provide an opportunity for each member of the public to directly address the Commission prior to action thereupon. Each person wishing to speak on an item shall be permitted to speak once based upon previously adopted time constraints which are reasonable and uniformly applied.

All regular Commission and standing committee meetings shall provide the opportunity for public comment on items not on the agenda but within the jurisdiction of the Commission. Such opportunities for public comment, Open Forum, shall appear on the agenda prior to adjournment. Each person wishing to speak on such items shall be allowed to do so, after filling out a speaker's card. The Commission may limit the time for public comment under Open Forum to a total of 15 minutes. Members of the public may, after submittal of speaker cards, address the Commission regarding any items of public interest that are not on the meeting agenda. Ordinarily, each speaker may speak for up to three minutes, but the Chairperson has the discretion to limit or extend the time. Open Forum speaker cards are to be numbered by the Commission staff in the order received.

Persons addressing the Commission or Committees shall state their names and the organization they are representing, if any. They shall confine their remarks to the subject under discussion, unless they are speaking during the Open Forum portion of the Agenda.

The Chairperson may request of speakers on each item where eight or more speakers have submitted speaker's cards that speakers organize by sides with designated speakers in the interest of time.

The Chairperson shall maintain order in the chamber, have authority to refuse the floor to any person, and may limit or extend the time allocated to any speaker. The Chairperson may rule a public speaker out of order if:

1. the speaker is speaking beyond the allocated time limit,

2. if the speaker's remarks are not relevant to the agenda item or are repetitious; or,

3. if the manner, tone and content of the speaker's remarks are disruptive (disturb the peace and good order of the meeting), attack the character of individuals or are abusive (e.g. vulgar or obscene language).

The public has the right to criticize policies, procedures, programs or services of the City, the Commission or of any other aspect of the City's or Commission's proposals or activities, or the acts or omissions of the Commission or its staff or other public employees. The Commission shall not abridge or prohibit public criticism on the basis that the performance of one or more public employees is implicated. Nothing in this section confers any privilege or protection beyond that which is otherwise provided by law.

The Commission and its standing committees shall hold regular meetings at an established time and place suitable for their purposes. Other meetings scheduled for a time or place other than for regular meetings shall be designated special meetings. Written notice of special meetings shall be provided the members, the City Council, and the public press at least seventy-two hours before the meeting is scheduled to convene. (Public Ethics Commission Ordinance 11961 C.M.S., § 6.)

Minutes shall be taken at every regular and special Commission and standing Committee meeting and shall be approved by majority vote of the Commission or respective Committee.

Generally, regular Commission meetings shall be held on the first Monday of each month at 6:30 p.m., or as otherwise set forth in the published calendar and posted on the internet with the proper notice. Meetings shall be held in Oakland City Hall, One Frank Ogawa Plaza in the City of Oakland, California. The Commission is on recess in the month of August.

Notices and agendas of all regular Commission and standing Committee meetings shall be posted in the City Clerk's Office and an exterior bulletin board accessible twenty-four hours a day. Notice of regular meetings shall be posted at least 72 hours before the meeting.

Action may only be taken on items properly noticed pursuant to this section and the Brown Act unless:

1. A majority of the body votes to take action on a non-agendized item due to an accident, natural disaster or work force disruption that poses a threat to public health and safety.

2. Two-thirds of the members present make a good faith reasonable determination that (A) the need to take immediate action on a non-agendized item is necessary to prevent serious injury to the public interest if action were deferred to a subsequent special or regular meeting, there is a need to take immediate action on a non-agendized item which relates to federal or state legislation, or the non-agendized action relates to a purely commendatory action, and (B) that the need for such action came to the attention of the body subsequent to the Agenda being posted as specified in Sec. 00.7 (A). (Sunshine Ordinance section 00.7 (E).)

No other business shall be considered at such meetings by the body unless pursuant to the Brown Act it is an emergency item or the need to take action came to the attention of the Commission after the posting of the agenda.

Special Commission and standing committee meetings may be called at any time by the Chairperson or by a majority of the Commissioners or standing committee members. Notice for such matters shall be delivered in the most expeditious manner available; in person, by mail, facsimile, e-mail or written notice to each member of the body and to each media organization (local newspaper, wire service, radio or television station) requesting notice in writing. Notice shall similarly be provided to all Agenda Subscribers, so that notice of the special meeting is received at least two business days excluding holidays or 72 hours, whichever is greater, before the time of such meeting as specified in the notice and posted "on-line." The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the body unless pursuant to the Brown Act it is an emergency item or the need to take action came to the attention of the Commission after the posting of the agenda. Each special meeting shall be held in City Hall in Oakland except that the Commission or standing committee may designate an alternate meeting place provided that such alternate place is specified in the call and notice of the special meeting; further provided that the call and notice of the special meeting shall be given at least 15 days prior to said special meeting being held at an alternate place. (Sunshine Ordinance section 00.6 (E).)

The Commission is authorized to hold closed (non-public) sessions at regular and special meetings for purposes of confidential discussions such as pending litigation. Upon consultation with the legal advisor from the City Attorney's Office, and the determination that a closed session is both authorized and appropriate under the circumstances, the Commission may call for a closed session. Appropriate notice will be given of all closed sessions.

The Commission shall recess for the period of August 1 through August 31 each year which shall be known as the "annual recess". During the annual recess the Commission may be convened by the Chairperson for special Commission meetings or by the Chairperson of a standing committee for standing committee meetings.

The Commission staff shall work with the Commission Chairperson and standing Committee Chairpersons to develop the agenda for all meetings. The agenda must be approved by the appropriate Chairperson and shall contain a meaningful description of each item to be transacted or discussed at the Commission or Committee meeting so that a person can reasonably determine if his or her interests may be affected by the item.

A consent calendar is the portion of the printed agenda which lists routine matters that are expected to be non-controversial and on which there are no speakers. There will be no separate discussions on a Consent Calendar item unless prior to its adoption, a request is made by a Commission member or the public in which event the matter shall be removed from the consent Calendar and considered as a separate item. However, no complaint on the Consent Calendar shall be referred for further consideration, pursuant to the General Complaint procedures, unless requested by two or more members of the Commission, on their own initiative or at the request of any party to the complaint who appears to be heard on the matter, or who provides in writing such request to the Executive Director.

Each member present at a Commission or standing Committee meeting shall vote on all matters put to a vote, unless the member is excused from voting by a motion adopted by a majority of the members present, or unless the member has been advised to recuse himself or herself from the vote by the City Attorney because he or she may have a conflict of interest regarding the item.

Voting by proxy is prohibited.

The business of the Commission and its standing Committees shall be conducted, so far as it is practical in accordance with parliamentary rules as contained in Robert's Rules of Order Newly Revised, except as modified by these rules and in accordance with State open meeting laws and local open meeting laws, including the Oakland Sunshine Ordinance. The City Attorney, or such other person as may be designated by the Chairperson, upon approval of the Commission shall serve as the official parliamentarian for meetings of the Commission.

The Commissioners collectively and individually will respect and honor their appointed role as a public trust and strive to maintain public confidence in the Commission's role in the government of the City of Oakland. All appointees to the Commission must meet the minimum qualifications set forth in section 5 of the Ordinance and section 3 of these Bylaws. In addition, in the belief that is essential to the success of the Commission that the Commissioners adhere to the highest standards of conduct, the following standards of behavior apply to the Commission:

STANDARD 1: A Commissioner shall uphold the integrity and independence of the Commission and shall encourage and promote integrity in government by education and example.

STANDARD 2: A Commissioner shall faithfully perform all duties of office.

STANDARD 3: A Commissioner shall respect and adhere to the American ideals of government, the rule of law, the principles of public administration and high ethical conduct in the performance of public duties.

STANDARD 4: A Commissioner shall represent and work for the common good of the City and not for private interest.

STANDARD 5: A Commissioner shall refrain from accepting gifts or favors or promises of future benefits which might compromise or tend to impair independence of judgment or action.

STANDARD 6: A Commissioner shall ensure fair and equitable consideration of public policy issues.

STANDARD 7: A Commissioner shall avoid impropriety and the appearance of impropriety in all of the Commissioner's activities.

A. A Commissioner shall respect and comply with applicable laws and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the Public Ethics Commission. In addition, Commissioners should avoid the appearance of impropriety in situations where a person aware of the facts might reasonably entertain a doubt that the Commissioner would be able to act with integrity, impartiality and competence.

B. A Commissioner shall not allow family, social, political or other relationships to influence the Commissioner's conduct or judgment in matters before the Commission, nor shall a Commissioner convey or permit others to convey the impression that any individual is in a special position to influence the Commissioner.

C. A Commissioner shall decline any employment incompatible with public duty.

STANDARD 8: A Commissioner shall fairly and objectively enforce the City's ethics laws and regulations and perform his or her duties impartially and diligently including providing fair and equal treatment for all persons and matters coming before the Commission.

STANDARD 9: A Commissioner shall learn and study the background and purposes of important items of business before voting.

STANDARD 10: A Commissioner shall faithfully attend all sessions of the Commission and assigned Committees unless unable to do so because of disability or some other compelling reason.

STANDARD 11: A Commissioner shall be patient, dignified, respectful, and courteous to persons with whom the Commissioner deals in an official capacity, and shall require similar conduct of staff and personnel under the Commissioner's direction and control.

STANDARD 12: A Commissioner shall be attentive during all public discussions at Commission and Committee meetings and avoid interrupting other speakers, including other Commissioners, except as may be permitted by Robert's Rules of Order, Newly Revised.

STANDARD 13: A Commissioner shall refrain from abusive conduct or verbal attacks toward other members of the Commission, staff or public, or other personal comments not germane to the issues before the Commission.

STANDARD 14: A Commissioner shall perform his or her duties without bias or prejudice. A Commissioner shall not in the performance of his or her duties by words or conduct manifest bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, health status, age, sexual orientation or socioeconomic status.

STANDARD 15: A Commissioner shall so conduct his or her other activities as to minimize the risk of conflict with his or her obligations as a Commissioner.

STANDARD 16: The Commission shall conduct its business in a timely manner and in public, with full disclosure of policies, procedures, and decision-making processes, except in those matters as specified by the Brown Act and Oakland Sunshine Ordinance that may be dealt with in closed session.

STANDARD 17: A Commissioner shall refrain from inappropriate political activity.

Commissioners are entitled to their personal view on political questions; they are not required to surrender their rights or opinions as citizens of Oakland. They are prohibited pursuant to section 5 (c) of the ordinance and section 3 of these bylaws from endorsing, publicly supporting, publicly opposing, or working on behalf of any candidate or measure in an Oakland election during their tenure or for one year thereafter.

The spokesperson for the Commission shall be the Chairperson, the Vice-Chair if the Chairperson is unavailable, or the Chairperson's appointed representative. In the absence of the Chair, Vice-Chair, or other designee, the Executive Director shall represent the Commission. Whenever the Commission learns that a view, position or opinion of the Ethics Commission as a whole has been misinterpreted or misrepresented in the media, at a hearing, or in a public forum, the Commission, through its spokesperson, shall make every reasonable effort to clarify the Commission's true position as soon as practicable.

Whenever a Commissioner or the Executive Director communicates with the news media, or appears at a public hearing or before another City Agency or Department to discuss existing or proposed legislation or policy, such person will make every reasonable effort to explain to the their audience whether they are expressing an opinion, view or position that is individually held or a view, position or opinion of the Ethics Commission as a whole.

These bylaws shall be reviewed annually or as necessary. The Commission may adopt bylaws amendments at any regular meeting of the Commission by a majority vote of those present, provided such proposed amendments are circulated in writing to all Commissioners at least ten (10) days prior to such meeting, and ten (10) day's public notice shall be posted. The Commission shall transmit the proposed bylaws amendments to the City Council within seven calendar days of adoption. The bylaws amendments become effective 60 days after the date of adoption by the Commission unless before the expiration of this 60 day period two-thirds of all the members of the City Council vote to veto the bylaws amendments.