The campaigns of Don Perata and Jean Quan, both 2010 Oakland mayoral candidates, were the subjects of two citizen complaints alleging violations of state laws at Monday’s Public Ethics Commission meeting at City Hall.

One complaint was dismissed and the other was deferred, but the March 1 discussion stretched late into the night.

Citizens argued the city's Neighborhood Services Division improperly sponsored an event at which the Oakland Police Officers Association endorsed former state senator Perata and, in a separate complaint, that City Councilmember Quan misused public resources to promote her candidacy by providing a link on a city Web site that led to her campaign Web site and a political newsletter.

Pamela Drake, a community activist and writer (and OL contributor), filed the complaint against Neighborhood Services after attending a city-funded meeting in November to introduce then newly-hired Oakland Police Chief Anthony Batts.

According to Drake, Felicia Verdin, the city supervisor who oversees the Neighborhood Services Division, and Nick Vigilante, civilian chairperson of the Neighbor Watch Steering Committee, violated state laws by allowing public money—in the form of mailers, time and use of city equipment—to be used to sponsor a meeting in which a political endorsement was made.

According to the complaint, after Batts spoke at the meeting, which was held at the Police Association's Union Hall, Association President Dan Arotzarena talked about the need to reduce crime in Oakland. He added that the city needed to elect candidates committed to that purpose. He then announced the association’s endorsement of Perata and allowed him to speak.

Drake contended that Arotzarena’s speech was vehement and that he “denounced the leadership of our city, talked about the low moral of the Police Department and complained about the extension of the Negotiated Settlement Agreement.” The agreement requires the department to conduct an in-depth review to become more responsive, effective and accountable.

According to the investigation by the commission's executive director, Daniel Purnell, Arotzarena said it was a last-minute decision to announce the endorsement, but several citizens who spoke Monday night said the police group co-opted the meeting.

“(The Police Association) commandeered the opportunity and utilized it to promote their own political agenda,” said Sanjiv Handa, founder of East Bay News Service, who is ever-present at City Hall meetings. 

Several state laws apply to Drake’s complaint that make it illegal for officials to use public money and resources to benefit a particular person, Purnell said. But the commission, he added, does not have the authority to enforce state law.

He recommended dismissing the complaint because there was a lack of evidence to indicate Verdin knew about the endorsement.

After reviewing the complaint, the commission agreed a violation had occurred. But the majority said there was not enough evidence to forward the case to a state agency that would have authority to prosecute. Members voted four to one to dismiss the case and refer it to the City Council to determine if the city has any laws comparable to the state law that was violated.

The commission also recommended that Verdin and city staff receive additional training regarding the matter, and that the Police Association reimburse the city within 30 days for the cost of the event.  

Commissioner Alex Paul, who cast the dissenting vote, said he felt there was enough evidence to forward the case to the District Attorney’s Office or the state Fair Political Practices Commission.

The Public Ethics Commission said it needed further research about the complaint against Quan’s alleged misuse of public resources.

Anthony Moglia had introduced his complaint against Quan at a prior Ethics Commission meeting, arguing that she posted a link on a city-maintained Web site that led viewers to her personal campaign Web site and a newsletter she publishes.

Moglia argued that the link is a violation of state law because the newsletter, which refers to community and government business, had a recent article that conveyed political opinion about Perata.

Purnell, commission executive director, said no other elected officials directly hyperlink to their campaign Web sites from their city-hosted sites, though some have links to campaign Web sites. He added he felt the link was "probably okay" based on an exception to the rule that prohibits the use of public resources not authorized by law. The exception, he said, allows for “incidental and minimal use” of city property for “the referral of unsolicited political mail, telephone calls and visits of private political entities.”

Paul, however, said he was concerned about what kind of precedent was being set and requested more information.

An additional concern related to Quan's newsletter itself, with questions about whether city staff helped create it.

Members of the public stated the newsletter was a political tool and it was unfeasible to believe staff time was not used to research it.

“This complaint emphasizes the fact that elected city officials concern themselves more with getting re-elected than doing a quality job,” a member of the audience said.

Quan’s chief of staff, Richard Cowan, insisted that no staff time ever was used to produce the newsletter and that many community members value the publication.

“For every complaint we get about it we get 500 thanks yous,” he said. “We will not apologize for producing the newsletter.”

The commission unanimously decided the complaint would be brought up at a later meeting pending an informal opinion by the Fair Political Practices Commission.

The Public Ethics Commission consists of seven members, three nominated for appointment by the Mayor and confirmed by the City Council, and four selected by the commission as a whole. Commissioners receive no compensation and may serve no more than one consecutive three-year term. See the meeting schedule here.