closed complaints

8/13/2019 Closed Complaints

1/27

199878605.xls.ms_office

Date_Recd Complaint. Name_Complai

nant

Respondents Date_ Occurrence Issues Status Disposition

8/9/2013 13-07 H. Quan Public Works & ParkingEnforcement

17-Jun-13 Alleges Parking Enforcementgave out citations on street

sweeping day despite being

certain that no street sweepingwould be conducted on that date.

Complaint received anddismissed.

Dismissed at September

3, 2013 Meeting - not in

PEC jurisdictionStaff referred

complainant to

appropriate Department

1/11/2013 13-01 Anonymous Audree Jones-Taylor and

Deborah Willis

3-Jan-13 Alleges a misuse of City

resources for nonprofitfundraising purposes.

Complaint received and

dismissed.

2013-2-04

Dismissed at February 4,2013 Meeting - not in

PEC jurisdiction

11/17/2009 09-15 Anthony Moglia Jean Quan Ongoing Alleges misuse of City resources

by respondent by linking anofficeholder website to the City

website and then linking a

campaign website to the

officeholder site.


dismissed.

2012-12-03 Dismissed

at December 3, 2012Meeting - not in PEC

jurisdiction

7/2/2010 10-16 Gwillym Martin Joseph Yew, Finance 18-Jun-10 Sunshine Ordinance; productionof records Alleges department

failed to provide electronic copy

of Citys Oracle database


2012-12-03 Dismissedat December 3, 2012

Meeting - not in PEC

jurisdiction

12/7/2010 10-30 Sanjiv Handa Oakland Parking Division Ongoing Oakland Sunshine Ordinance --Alleged failure to timely produce

parking records




jurisdiction

9/12/2012 12-08 Anonymous Barbara Parker 4-Aug-12 Alleges respondent sentcampaign donation solicitations

to City employees at their City

email addresses.




jurisdiction

9/28/2012 12-09 Isabel GarciaMonge

Mario Juarez May-10 Alleges respondent committedcheck endorsement forgery and

fraud in a real estate transaction.

Complaint received Dismissed at November5, 2012 Meeting - not in

PEC jurisdiction

Page 1


2/27


Date_Recd Complaint. Name_Complai

nant


10/12/2012 12-10 Blanche

Malankowski-

Smith

Barbara Parker 27-Sep-12 Alleges a campaign sign

placement violation by the

Barbara Parker for City Attorney

Campaign.

Complaint received Dismissed at November

5, 2012 Meeting - not in

PEC jurisdiction

8/10/2012 12-07 Lilit Akopyan Fox Theatre Management 7/28/2012 Alleges respondent Theatre

management staff failed to

respond to a complaint by theater-

goers regarding people smoking

marijuana at a concert.


dismissed.Dismissed at

September 4, 2012


jurisdiction

6/19/2012 12-06 Ralph Kanz Public Ethics Commission 5/16/2012 Alleges respondentCommissions subcommittee

meeting of 3 members should

have been noticed under

Sunshine and Brown Acts

because at the time, the

Commission had only five

members.


Dismissed atSeptember 4, 2012


jurisdiction

8/2/2010 10-20 Sanjiv Handa Various Business

Improvement Districts &

Community BenefitDistricts

Various between

June 3 and August

2, 2010

Sunshine Ordinance; public

meetings Alleges respondent

districts held meetings withoutnotice


dismissed.Dismissed at

September 4, 2012

Meeting - not in PECjurisdiction

5/11/2012 12-05 Victoria Hudson Jean Quan 4/23/2012 Alleged use of city staff resources

for campaign purposes.

Complainant alleges she never

gave her email address to a

campaign but did give it to city

staff; later received a campaign

email from respondent

Complaint received Dismissed at July 2,

2012 Meeting not in

PEC jurisdiction

3/8/12 12-02 Anonymous Susan Piper 40975

Complaint alleges respondents

staff attended a Planning and

Zoning Commission meeting

regarding an entity that was

adjacent to her house

Complaint received

Dismissed at July 2,

2012 Meeting not in

PEC jurisdiction

2/22/2012 12-01 Anonymous City Administration

Complaint questions why the

City needs 3 assistant city

managers

Complaint received

Dismissed at July 2,

2012 Meeting not in

PEC jurisdiction

Page 2


3/27


Date_Recd Compla in t. Name_Compla i

nant


10/20/11 11-05NicholasVigilante

Mimi Rohr

Alleges that respondentinappropriately used her

organizational title when shesigned on as an opponent of aballot measure in the voterhandbook

Complaint receivedDismissed at July 2,2012 Meeting not in

PEC jurisdiction

9/12/11 11-04 Susan ShawlPlanning Commissions

Design Review Committee9/28/11

Complaint says respondentCommission should not schedulean evening hearing on 9/28,which was Rosh Hashanah at

sundown; a group had requestedthe meeting be rescheduled

Complaint receivedDismissed at July 2,2012 Meeting not in

PEC jurisdiction

8/9/11 11-02Claudia

ChavesPolice 5/15/11 Complainant contests traffic ticket

and legal processComplaint received

Dismissed at July 2,2012 Meeting not in

PEC jurisdiction

11/6/2008 08-18 David Mix Raul Godinez Aug-08 Allegations involving

Sunshine Ordinance -- Public

Records Request

Commission jurisdiction

reserved

6/4/12 Dismissed/no

further action

11/6/2008 08-13 David Mix Leroy Griffin Aug-08 Allegations involving

Sunshine Ordinance -- Public

Records Request


reserved

6/4/12 Dismissed/no

further action

3/28/2008 08-04 Daniel

Vanderpriem

Bill Noland, Deborah

Edgerly

Ongoing since

12/07

Allegations involving

production of City records


reserved.

6/4/12 Dismissed/no

further action

2/20/2007 07-03 Sanjiv Handa Ignacio De La Fuente,

Larry Reid, Jane

Brunner and Jean Quan

19-Dec-06 Speaker cards not accepted

because they were submitted

after the 8 p.m. deadline for

turning in cards.


reserved.

6/4/12 Dismissed/no

further action

2/2/2006 06-01 Robert Patten Deborah Edgerly, City

Administra tor, Shelly

Garza, CityAdministrator's Office,

Cookie Robles-Wong,

PWA

1/12/06 A llegation of Sunshine

Ordinance, Public Records

Act and/or Brown Actviolation.

Staff is investigating. Dismissed/no

jurisdiction

10/20/2005 05-10 James

Mordecai

Dr. Randolph Ward,

State Administrator,

Oakland Unified School

District

10/13/05 Allegations of Sunshine

Ordinance and Brown Act

violation.

Staff is investigating. Dismissed/no further

action

Page 3


4/27


Date_Recd Complaint . Name_Complai

nant


8/31/2005 05-09 Gene Hazzard Councilmembers De La

Fuente, Chang,Brunner, Quan,

Kernighan

July 2005 Allegation of violation of

Sunshine Ordinance, CityCouncil Rules of

Procedure/Code of Ethics


action

5/19/2005 05-08 Marilyn

Bartholomew

PEC Exec. Director 11/04 ongoing Allegations of Sunshine

Ordinance violation.


jurisd iction

5/5/2005 05-07 Ronald Chan Council President De La

Fuente, City Clerk, City

Attorney

4/19/05 Allegation of v io lation of City

Council Rules of



action

4/6/2005 05-06 PEC initiated Oakland Board of Port

Commissioners

2/18/05 Allegation of v iolation of

Sunshine Ordinance

Staff is investigating. Dismissed/corrected

or cured

3/30/2005 05-05 Orna Sasson,Cynthia

Shartzer, Co-

Chairs,

Lakeside Apt.

Neighborhood

Assoc.

Council President De LaFuente

2/15/05 Allegation of v iolation ofSunshine Ordinance, City

Council Rules of


Staff is investigating. Dismissed/no furtheraction

3/14/2005 05-04 James

Mordecai

Dr. Randolph Ward,

State Administrator,


District

3/9/05 A llegations of Sunshine


violation.


action

2/22/2005 05-03 Sanjiv Handa Oakland City Council 12/21/04 Allegations of Sunshine


violation.


action

2/19/2005 05-02 Nancy

Sidebotham

Oakland Planning

Commission



violation.


action

1/10/2005 05-01 James

Mordecai

Council President De La

Fuente



violation.


action

12/29/2004 04-09 JamesMordecai Dr. Randolph Ward,State Administrator,

Edgar Rakestraw,

School Board Secretary,


District

12/20/04 Allegations of SunshineOrdinance and Brown Act

violation.

Staff is investigating. Dismissed/no furtheraction

12/14/2004 04-08 David Mix PEC Exec. Director Oct., 2004 and

ongoing

Allegations of Sunshine



action

Page 4


5/27



nant


12/9/2004 04-07 Denise Davila Oakland PlanningCommission

Nov-Dec, 2004 Allegations of SunshineOrdinance and Brown Act

violation.

Staff is investigating. PECsuspended action on this

complaint at its 2/7/05

meeting.

Dismissed/correctedor cured

11/30/2004 04-06 Steve

Edrington and

Mari Lee

Just Cause Oakland,

Adam Gold, PUEBLO

2000 to present Allegations of OCRA

violations.

Staff is investigating. Referred

8/6/2004 04-05 Steve

Edrington and

Mari Lee

Just Cause Oakland,

Adam Gold, PUEBLO

2000 to present Allegations of OCRA

violations.


6/16/2004 04-04 Gene Hazzard Phil Tagami 2004 Allegation of failure to filestatement of economic

interest.

Staff is investigating. Dismissed/nojurisd iction

2/4/2004 04-03 PEC initiated Desley Brooks 2000 and ongoing Possible OCRA and Limited

Public Financing violations.

Staff is investigating. Settled/Stipulation

2/3/2004 04-02 Pamela Drake Dr. Randolph Ward,


District



violation.

Hearing scheduled for Dec.

15, 2004.

Dismissed/no further

action

1/22/2004 04-01 Gary Sirbu City Attorney, Mayor,

City Councilmembers

week of 1/5/04 Allegation of violation of City

Council Rules ofProcedure/Code of Ethics


action

12/3/2003 03-16 David Mix Fire Prevention

Assessment District

Steering Committee

Oct 2003 ongoing Allegation of failure to file

campaign reports.

Staff is investigating. Dismissed/no basis

for relief

11/3/2003 03-15 Rashidah

Grinage

Mayor Brown,

Councilmember Wan


Ordinance, Brown Act and

Oakland City Council Code of

Ethics violation.

Staff is investigating. Settled/Stipulation


Assessment District

7/03 ongoing Allegation of misuse of public

funds.


action

10/27/2003 03-14 David Mix Mark Morodomi, Deputy

City Attorney

10/03 ongoing Allegation of Sunshine



for relief

9/30/2003 03-11 Ralph Kanz Councilmember Jane

Brunner

11/19/02 and

2/11/03

Allegation of conflict of

interest violation.


for relief

9/30/2003 03-12 Ralph Kanz Council President De La

Fuente

1995 Allegation of conflict of

interest form violation.


for relief

Page 5


6/27



nant



Assessment DistrictSteering Committee




for relief

9/5/2003 03-09 David Mix City of Oakland, PEC May 2003 and

ongoing

Allegation of Sunshine



or cured

7/2/2003 03-08 Paul Dimon Community Policing

Advisory Boardmember

Donald Link

6/25/03 Allegations of improper use of

email.


jurisd iction

5/1/2003 03-05 David Mix John Russo, City

Attorney

4/9/02 Allegation of Sunshine

Ordinance and Public

Records Act violation.


jurisd iction


Attorney





action


Attorney





or cured


Attorney

11/12/02 Allegation of Sunshine




action

4/2/2003 03-03 BarbaraRoessler Richard Illgen, CityAttorney's Office ongoing Allegation of conflic t ofinterest issues. Staff is investigating. Dismissed/nojurisd iction

3/18/2003 03-02 David Mix Oakland Museum Dept. 3/11/2003 Allegation of Sunshine




reserved.

6/4/12 Dismissed/no

further action

1/8/2003 03-01 Ralph Kanz William Claggett and

Claudia Cappio, CEDA

December 2002 Allegation of Sunshine




or cured

11/7/2002 02-18 Ralph Kanz Oakland Planning

Commission




for relief

11/7/2002 02-19 Ralph Kanz Peter Smith 11/6/02 Allegation of Lobbyist

Registration Act violation.


for relief

10/7/2002 02-17 PEC initiated Wilson Riles and his

campaign committee

2002 Possible violation of the

Oakland Limited Public

Financing Act


9/30/2002 02-16 Sanjiv Handa Clinton Killian, Vice

Chair, Planning

Commission




for relief

Page 6


7/27



nant


9/17/2002 02-15 Sanjiv Handa City Clerk, City Planning

Dept.

7/5/02-7/17/02 Allegations of Sunshine



for relief8/27/2002 02-14 PEC initiated Nedir Bey, Candidate

For Oakland City

Council, District Four

2002 Possible Limited Public

Financing violations.


8/26/2002 02-13 PEC initiated Councilmember Moses

Mayne

2001-2002 Possible OCRA and L imited

Public Financing violations.

Staff is investigating. Order/Findings

7/1/2002 02-12 Ralph Kanz Councilmember Henry

Chang, Jr.

11/01-2/02 Conflict of interest issues. Staff is investigating. Referred

6/25/2002 02-10 David Mix Oakland Museum of

California

2002 Allegations of misuse of

public funds.


for relief6/25/2002 02-11 David Mix Chabot Space And

Science Center

2002 Allegations of misuse of

public funds.


for relief

5/22/2002 02-09 Ralph Kanz Oakland Planning

Commission, Chair

Kenneth Katzoff

5-1-02 Allegations that speaker time

limits were not uniformly

applied.


for relief

4/23/2002 02-08 Marc Seleznow Committee for Oakland

Zoo, Museum and

Science Center

2002 Allegations of OCRA

violations, misuse of public

funds


3/20/2002 02-05 Ralph Kanz Councilmember HenryChang, Jr. Feb-July, 2000 Allegations of OCRAviolations. Staff is investigating. Dismissed/no basisfor relief

3/20/2002 02-06 Ralph Kanz Melanie Sweeney-

Griffith, Marlin S. Griffith

10/26/01 A llegations of OCRA

violations.


3/20/2002 02-07 Ralph Kanz Jean Quan 12/01-1/02 Allegations of OCRA

violations.


or cured

3/8/2002 02-04 Nicholas

Vigilante

David S tein 2002 campaign A llegations of OCRA/ethical

violations.


for relief

3/4/2002 02-03 David Mix Oakland Zoo, Museum

and Science Center

2002 Allegations of OCRA

violations, misuse of public

funds


2/26/2002 02-02 Jean Quan David Stein, Jeanette

Sherwin

2/22-24/02, 11-

12/01

Allegations of OCRA

violations


for relief

1/7/2002 02-01 Ralph Kanz John Russo, City

Attorney

2000-2001 Alleged violations of OCRA

section 3.12.090

Staff is investigating. Settled

12/24/2001 01-0040 Harold Brazell James May 11/30/01 Allegations of Sunshine


Records Act violations.


or cured

Page 7


8/27



nant


12/24/2001 01-0041 Harold Brazell James May Allegations of Sunshine




for relief

12/24/2001 01-0042 Harold Brazell Robert Bobb, City

Manager





for relief

12/24/2001 01-0043 Harold Brazell Ceda Floyd, City Clerk 12/12/01 Allegations of Sunshine




or cured

12/17/2001 01-0039 Robin Bartoo Council President De La

Fuente

12/11/01 Complainant a lleges he was

denied his right to speak.


for relief


Manager, Linda Bytof,

CPRB





or cured



CPRB





or cured



CPRB





or cured

11/26/2001 01-0035 Harold Brazell Larry Carroll, CPRB,Robert Bobb, City

Manager

11/14/01 Allegations of SunshineOrdinance and Public


Staff is investigating. Dismissed/correctedor cured

11/1/2001 01-0034 Sanjiv Handa City Council and staff 10/97 - 10/01 No response to requests

under Public Records Act and

allegation that negotiation of

City Manager's contract

should not have occurred in

closed session.


or cured

9/17/2001 01-0033 Laura Baker Oakland PlanningCommission, Chair

Kenneth Katzoff

July 18-25,2001 Allegations of SunshineOrdinance and Conflict of

Interest violations at Planning

Commission meeting.

Staff is investigating. Dismissed/no basisfor relief

9/4/2001 01-0032 Joann Van

Guillory

Port of Oakland August 2001 Request for documents not

answered.


for relief

Page 8


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nant


8/31/2001 01-0031 Sanjiv Handa Assistant City Manager

Dolores Blanchard

July and August

2001

Information requested was

not provided.


for relief

8/23/2001 01-0030 Sanjiv Handa City Council, Planning

Commission, Oakland

Fund for Children and

Youth, Landmarks

Preservation Advisory

Board

1/1/99 to present Allegations of various

violations of the Sunshine

Ordinance.


for relief

8/14/2001 01-0028 Harold Brazell Walter Johnson, OPRM,

Robert Bobb, City

Manager

Aug. 3 and 6,

2001

Complainant was denied

immediate access to

documents and was toldrequest needed to be in

writing.


or cured


Manager's Office

8/7/01 Public record request not

accepted by City Manager's

Office.


or cured

8/13/2001 01-0026 Sanjiv Handa Dolores Blanchard,

Assistant City Manager

March-August,

2001

City Manager has not

responded to request for

records.

Staff is investigating. Settled

8/13/2001 01-0027 Sanjiv Handa Ceda Floyd, City Clerk March-August,

2001

City Clerk has not responded

to request for records.


or cured

8/9/2001 01-0025 Sanjiv Handa Leslie Gould, Director,

CEDA, Strategic

Planning Division

July 21-25,2001 Agenda for 7/25/01 Planning

Commission meeting not

posted.


for relief

8/8/2001 01-0024 Sanjiv Handa Debra Taylor Johnson,

Revenue Manager

Financial Services

Agency, Teresa W altz,

Secretary to Business

License Tax Board of

Review

last 90/60 days Business License Tax Board

of Review has not posted

meeting notices.


or cured

8/7/2001 01-0023 Sanjiv Handa Margaret Fujioka, Office

of the City Attorney,

Dennis Power, Director

Oakland Museum

last 90 days Whether the Museum

Foundation is subject to the

Brown Act and Sunshine

Ordinance.

Staff is investigating. Staff

report continued to 12/10/01

PEC meeting at request of

complainant.

Dismissed/no basis

for relief

Page 9


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nant


8/6/2001 01-0022 Sanjiv Handa Council President De La

Fuente, CouncilmemberSpees, Ceda Floyd, City

Clerk, Dolores

Blanchard, Assistant

City Manager

6/5/01 Agenda item not properly

noticed.


for relief

7/26/2001 01-0020 Colleen Brown P lanning Commission

Chair Kenneth Katzoff

7/11/01 Adoption of rev ised Policies

and Procedures for Planning

Commission meetings

appears to conflict with

Sunshine Ordinance.


for relief

7/26/2001 01-0021 Nancy

Sidebotham

Planning Commission




Commission meetings


Sunshine Ordinance.


for relief

7/24/2001 01-0019 Jane Powell Planning Commission




Commission meetings


Sunshine Ordinance.


for relief

7/20/2001 01-0018 Hans Miller Joan W ebster, Human

Resources Manager,

Port of Oakland

3/8/01 Documents requested were

not provided.


for relief

5/30/2001 01-0017 Harold Brazell Council Pres ident De La

Fuente, Office of the

City Clerk, Barbara

Parker of the City

Attorney's Office

5/1/01 Complainant was not called to

speak on two agenda items

after having submitted

speaker cards.


for relief

5/18/2001 01-0015 Ralph Kanz W illiam Taylor, Robert

Bobb

12/8/99 and

2/25/00

Alleged violations of OCRA

3.12.140 regarding

contractors doing business

with the City of Oakland.

Staff is investigating. At 7/2/01

meeting PEC directed staff to

set matter for hearing pending

stipulated judgment among the

parties.

Settled

Page 10


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nant


5/18/2001 01-0016 Ralph Kanz Henry Chang, Jr. October 1999 Alleged violations of OCRA

3.12.140.P. notices on

campaign fundraising

materials.


for relief

5/3/2001 01-0013 Harold Brazell CPRB 4/3/01 Allegations of Sunshine



Staff is investigating. W/o

prejudice.

Dismissed/corrected

or cured

5/3/2001 01-0014 Harold Brazell CPRB 4/3/01 Allegations of Sunshine




for relief

4/26/2001 01-0012 Ralph Kanz 18 different contractors 1/01-3/01 Alleged violations of OCRA3.12.140 regarding

contractors doing business

with the City of Oakland.

Staff is investigating.Complaint dismissed as to 14

contractors. PEC directed staff

to set hearings for 4

contractors and attempt a

mediated resolution.

Settled

4/24/2001 01-0011 Ralph Kanz Northern California

Carpenters Regional

Council

3/9/01 Questions regarding

requirements for independent

expenditures.


for relief

4/11/2001 01-0009 Ralph Kanz Moses Mayne, Jr. 1/01 to present Questions regarding

candidate's office space and a$750 contribution from IBEW

Staff is investigating. Issue re

office space dismissed at6/4/01 meeting.

Referred

4/11/2001 01-0010 Ralph Kanz Carole Ward Allen 2/20/01 Allegations that an in-kind

campaign contribution

exceeds OCRA limitations.


meeting PEC granted staff

additional time to review all the

invoices.

Dismissed/corrected

or cured

3/21/2001 01-0008 Randy Lyman Council P resident De La

Fuente and City Council

members

3/20/01 Allegations that a closed

session was illegally called

pertaining to Item 18 on

3/20/01 City Council agenda.

Staff is investigating and

attempting settlement with

parties.

Dismissed/corrected

or cured

3/19/2001 01-0007 Ralph Kanz Moses Mayne, Jr. 1/19/01 Allegations that Moses Mayne

Jr.'s Form 700 fails to disclose

real property on 83rd Ave.


Page 11


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nant


3/6/2001 01-0006 Ralph Kanz Jill Muzio 3/5/01 Allegations that Ms. Muzio's

Form 700 fails to disclose

income received during 2000.


2/14/2001 01-0005 Sue Hodges Moses Mayne

campaign; Council

President Ignacio De La

Fuente

2/14/01 Allegations that Dis tric t 6

council office phone is being

answered by someone

associated with Moses

Mayne, a candidate in the

District 6 special election.


for relief

2/9/2001 01-0003 NancySidebotham

Council PresidentIgnacio De La Fuente,

and Councilmembers

Henry Chang, Jane

Brunner, Dick Spees,

Danny Wan, Nancy

Nadel, Larry Reid

2/8/01 and before Allegations that Jill Muzio isworking in the District 6

council office and is treasurer

for Moses Mayne, a candidate

in the District 6 special

election.

Staff is investigating. Dismissed/no basisfor relief

2/9/2001 01-0004 Jeannette

Sherwin

Council President

Ignacio De La Fuente

1/20/01 to present Allegations that Jill Muzio is

working in the District 6

council office and is treasurer

for Moses Mayne, a candidatein the District 6 special

election.


for relief

2/2/2001 01-0002 Kent McNab Walter Johnson,

Director, Office of

Personnel

1/24/01 Complainant filed a request

for records on 1/24/01 but

documents have not yet been

produced.


or cured

1/30/2001 01-0001 Shirley Everett-

Dicko

Council President De La

Fuente

12/24/00 Complainant a lleges she was

not allowed to speak even

though she had filled out a

speaker's card.


for relief


Dicko

Council President de la

Fuente

10/24/00 Council Pres ident de la

Fuente lacked authority to

appoint Councilmember Wan

to the JPA.


jurisd iction

11/14/2000 00-0030 Rafeeq Naji CEDA/Community

Development

11/6/00 Allegations of conf lict of

interest at CDBG boards.


jurisd iction

Page 12


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nant


11/13/2000 00-0029 Harold Brazell Larry Carroll of CPRB,City Attorney's Office,

Robert Bobb, City

Manager's Office

10/10/00-11/2/00 Allegations of SunshineOrdinance and Public


Staff is investigating. At 1/8/01meeting PEC directed staff to

monitor outstanding document

requests.

Settled

10/9/2000 00-0027 Harold Brazell Mike N isperos and Larry

Carroll of CPRB,

Barbara Parker and

Tracy Chriss of City

Attorney's Office

9/21/00 Allegations that information

requested and received from

CPRB under the Public

Records Act was not

sufficient.


meeting PEC directed staff to


requests.

Settled

10/9/2000 00-0028 Harold Brazell Mike N isperos and LarryCarroll of CPRB,

Barbara Parker and

Tracy Chriss of City

Attorney's Office

9/14/00 and9/22/00 Allegations that informationrequested and received from

CPRB under the Public

Records Act was not

sufficient.

Staff is investigating. At 1/8/01meeting PEC directed staff to


requests.

Settled

10/6/2000 00-0026 Sanjiv Handa Councilmember Henry

Chang and Oakland City

Council

9/6/00, 1996-2000 Meetings of an advisory group

without notice and a meeting

to "correct and cure"

improperly noticed.

Staff is investigating. Put over

to 2/5/01 meeting.

Dismissed/corrected

or cured


Dicko

All Councilmembers and

City Officials at July 25,

2000 City Council/ORA

meeting

7/25/00 - 9/00 Item discussed in closed

session improperly.


jurisd iction

9/7/2000 00-0024 Jonathan

Breault

Councilmember Jane

Brunner

1/00 - 7/31/00 Possible violations of OCRA,

Code of Conduct, Conflict of

Interest re Rotunda Partners


9/5/2000 00-0023 Ralph Kanz Councilmember Henry

Chang, Jr.

1/1/97 - 6/30/00 Possible violation of

contractor campaign

contribution regulations.


8/10/2000 00-0021 Mari Lee Rebecca Kaplan 8/10/00 Possible violations of OCRA. Staff is investigating. At

11/6/00 meeting PEC directed

staff to set two issues for

hearing and attempt a

mediated resolution. Resolved

through stipulated order.

Order/Findings

Page 13


14/27


Date_Recd Complaint . Name_Complainant


8/10/2000 00-0022 Ralph Kanz Phillip H. Tagami 3/1/2000 Possible violation of

contractor campaign

contribution regulations.


jurisd iction

7/12/2000 00-0020 Rebecca

Kaplan

Ignacio De La Fuente 6/27/00 Complainant alleges she

submitted a speaker card but

was denied her right to speak

at 6/27/00 Council meeting.


or cured

6/15/2000 00-0019 RobertClemons Robert Bobb, CityManager, William

Claggett, CEDA, Roy

Schweyer, CEDA,

Lonnie Carter, CEDA

12/7/99 Confl ict o f interest at CentralEast Oakland Community

Development District Board.

Staff is investigating. Dismissed/correctedor cured

6/5/2000 00-0018 Sanjiv Handa Councilmember Spees,

OSV Board Chair,

Richard Knutson,

Assistant City Managers

Dolores Blanchard and

George Musgrove,

CEDA Director, Bill

Claggett, Planning

Director, Leslie Gould,

Mayor Jerry Brown,

OSV Board member

Leo Bazile

5/00 on Oakland Sharing the Vision

conducted meetings and

business without posting or

mailing notices.


jurisd iction

5/31/2000 00-0017 Nancy S.

Sidebotham

Lonnie Carter, Danny

Wong, CEDA

prior to 12/16/99;

Oct, Nov/99

Appl ications to CEDA for

membership in Central East

Oakland CDBG were never

recorded. Central East

Oakland Board not following

by-laws, Brown Act, Sunshine

Ordinance.


or cured

Page 14


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nant


5/30/2000 00-0016 Sanjiv Handa Dolores Blanchard,Assistant City Manager

5/30/00 Agenda for City Councilspecial meeting on technology

issues did not include agenda

related materials nor were

sufficient materials available

at meeting.

Staff is investigating. Staffreport and recommendation on

7/10/00 agenda. Matter put

over to 9/11 meeting.

Dismissed/correctedor cured

5/25/2000 00-0014 Sanjiv Handa Gregory C. Garrett,

Interim Manager, One

Stop Capital Shop

April -May 2000 Loan Review Committee did

not post agenda in timely

manner, agenda related

materials were not available,minutes were not provided.


5/25/2000 00-0015 Harold Brazell Nancy Schmit, Mike

Nisperos and Larry

Carroll of CPRB.

Barbara Parker, Tracy

Chriss, and Jayne

Williams of Office of

City Attorney

multiple CPRB did not permit timely

disclosure of records.

Staff is investigating. Staff

report and recommendation on

7/10/00 agenda. Matter put

over to 9/11 meeting.

Dismissed/corrected

or cured

5/22/2000 00-0013 Sanjiv Handa Leslie Gould, Director ofPlanning & Zoning,

Charlie Bryant, Secty to

Planning Commission,

Lynn Warner, Case

Planner for City Center

Project

4/26/00 Agenda materials notprovided in timely manner, not

enough copies.



Dicko

City Attorney Jayne

Williams,

Councilmember Larry

Reid and CouncilPresident de la Fuente

1/97-9/97 Violation o f Sunshine

Ordinance.


jurisd iction

5/16/2000 00-0010 Sanjiv Handa Public Ethics

Commission and staff

4/17/00 Rules Committee meeting not

noticed with City Clerk,

meetings not held in evening.

Staff report and

recommendation on 6/5/00

agenda.

Order/Findings

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5/16/2000 00-0011 Sanjiv Handa Cultural Affairs

Commissioners andstaff, Cultural Arts Dept.

staff, Jacques Barzaghi

April -May, 2000 Meetings not noticed, agenda

materials not provided,transacted business without

quorum, insufficient speaker

cards, complainant denied

right to speak during open

forum.


5/10/2000 00-0008 Ralph Kanz Councilmember Jane

Brunner

1/1/98-6/30/98 Violation of restrictions on use

of officeholder funds under

OCRA.

Staff is investigating.

Allegations beyond 2-year

OCRA statute of limitations.

Dismissed/no

jurisd iction

5/10/2000 00-0009 Ralph Kanz Ted Dang, Bermuda

Associates, LLC,

Commonwealth

Management, Inc.,

Economic Trade Center

Management Group,

David S.C. Ma, Robert

Bobb, City Manager,

Robert Lyons, CEDA

11/99 to present Violation of contractor

campaign contribution limit.

Complaint amended on

5/13/00 to name Ted Dang, et

al. and Robert Bobb


5/5/2000 00-0007 1200

Lakeshore

Tenants

Assoc.

attn: Ben

Kawakami

Irma Baldridge, Rae

Mary at CEDA

1999-2000 Lack of notice of hearings and

lost tapes of previous

meetings of HRRB (Housing,

Residential, Rent and

Relocation Board)


jurisd iction

4/26/2000 00-0006 Robert

Clemons

City Council, City

Manager, Staff of

Redevelopment Agency,

Central East Oakland

District Board,

Chairwoman of the

Central East Oakland

District Board

prior to 3/15/00 Violation of Code of Federal

Regulations, Title 24, Gov't

Code 1091-1090 - Conflict of

Interest

Staff report and

recommendation on 6/5/00

agenda. Referred to City

Manager.

Dismissed/no juris

2/23/2000 00-0005 Xandra Grube Council P resident de la

Fuente

12/07/99 Complainant a lleges she was

denied right to speak for 3

minutes and was cut off after

only 1 minute

PEC voted to request finding

of probable cause at 5/1

meeting. Complaint sent to

Shelley Gordon, Esq. for

probable cause report.

Dismissed/no basis

for relief

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2/22/2000 00-0004 anonymous Tania Kappner, teacher

and candidate forSchool Board

1/15/00 to present Allegations that Ms. Kappner

is using the school andstudents to promote her

campaign for School Board

Anonymous complaints are

not provided for under GeneralComplaint Procedures.

Complaint to be withdrawn by

staff.

Withdrawn

2/17/2000 00-0003 Joyce Roy City Clerk 1/00-2/00 Agendas for closed session

not posted on internet in

timely fashion

Staff resolved informally and

will recommend dismissal at

4/3/00 meeting. Dismissed.

Resolved/informal


Dicko

Councilmember Larry

Reid and Council

President de la Fuente

2/97-2/00 Vio lations of Code of Conduct

and Conflict of Interest

regulations

Dismissal recommended by

Staff. Complainant disagrees.

Due to lack of City Attorney

representation at 3/6 meeting,

matter put over to 4/3/00

meeting . Put over to 5/1

meeting to continue

discussion. 5/1 dismissed.

Dismissed/no juris

2/1/2000 00-0001 Ralph Kanz Vice Mayor Henry

Chang

1996 to present Violations of Oakland

Campaign Reform Act

Referred probable cause

determination to independent

counsel David Schuricht at

3/6/00 meeting. Probable

cause report delivered 3/28

and considered at 5/1

meeting. One allegation to be

mediated or go to hearing, all

others dismissed due to no

probable cause. Stip and order

adopted at 7/10 meeting.

Order/Findings

12/1/1999 99-0054 Robert Brokl Libby Schaaf, Council

President Ignacio de la

Fuente

11/30/99 Complainant signed up to

speak on two items but was

told he could only speak onone.

Either party has until 3/10/00

to request a hearing before the

full Commission. Complainantis not requesting hearing and

staff to recommend dismissal

at 4/3/00 meeting. Dismissed

and referred to Sunshine

Committee for investigation.

Dismissed

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11/30/1999 99-0053 Robert Brokl Deputy City Attorney

Dan Rossi, City AttorneyJayne Williams, City

Clerk Rep Mark Blunck,

City Manager Robert

Bobb, CEDA Director

Bill Claggett,

Councilmembers Jane

Brunner, Ignacio de la

Fuente, Nate Miley and

Dick Spees

11/30/99 Item on 11/30 Agenda was

referred to full Council for12/7 meeting but as of 9:30

a.m. on 11/30/99, item was

not posted on internet.

Complainant has requested

this matter go to a hearing.Hearing set for 6/19/00 before

hearing examiner.

Order/Findings

11/29/1999 99-0052 Mr. Gagliardi Council Member Larry

Reid

Violation of Code of Conduct

for Council members due to

inappropriate pay-go account

expenditure.

Staff is investigating.

Dismissed at 1/10/00 PEC

meeting.

Dismissed/no merit

11/22/1999 99-0051 Robert Brokl Planning Commission,

City Attorney Mark Wald

11/17/99 Speaker at Planning

Commission meeting alleges

he was prevented from

speaking.

Complainant has requested

this matter go to a hearing.

Hearing set for 6/19/00 before

hearing examiner.

Order/Findings

11/2/1999 99-0049 Joyce Roy Councilmember Speesand Council President

de la Fuente

10/28/99 Violation of SunshineOrdinance due to lack of

notice on Rules Committee

agenda.

At 3/6/00 meeting Commissionvoted to send this matter to a

hearing. Hearing occurred on

4/24/00 before hearing

examiner. Proposed Findings

of Fact on 6/5/00 agenda.

Order/Findings

10/28/1999 99-0050 Mr. J. Khan Police Chief Richard

Word

Unintelligible. Dismissal recommended by

Staff. Dismissed at 1/10/00

PEC meeting.

Dismissed/no merit

10/11/1999 99-0048 Roberta Dooley City Auditor Violation of the City Charterand Council Code of Conduct

regarding incompatible

employment and conducting

personal business while

employed by the City.

Referred to City Attorney on10/11/99 for determination of

the Ethics Commission's

jurisd iction. Dismissed at

1/10/00 PEC meeting.

Dismissed

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nant


8/27/1999 99-0047 Robert Brokl City Council 07/27/99 Closed session decision byCity Council regarding Historic

Preservation.

Complainant has requestedthis matter go to a hearing.

Hearing set for 6/19/00 before

hearing examiner. Findings

After Hearing not adopted by

PEC at 9/11 meeting. Matter

has been sent back to hearing

examiner for further fact

finding.

Order/Findings

8/24/1999 99-0046 Gary Eitel Office of the CityAttorney

Denial of personnel recordsrequest.

The Chair granted anextension for staff to continue

investigating. A memo was

sent to Captain Shinn

requesting additional

response. Set for mediation on

1/26/00. Matter resolved at

mediation.

Resolved/mediation

2/24/1999 99-0043 Hank Chapot City Official 6/20/98 Political corruption. Dismissed at 6/7/99 mtg for

lack of jurisdiction.

Dismissed/no juris

2/16/1999 99-0042 Robert Brokl Planning Commission 2/3/99 Holding a hearing without aquorum.

Dismissed at 6/7/99 mtg forlack of jurisdiction.

Dismissed

2/10/1999 99-0041 Ray Dobard Various City agencies &

employees

Violation of the Fair Housing

Amendment Act of 1988, Title

VIII of the Civil Rights Act of

1968.


meeting. Commission

complaints 98-0011, 98-0014,

98-0017, 98-0018, 98-0021,

98-0028, 98-0030, 98-0031,

98-0032, 98-0033, and 98-

0034 were repetitive,

unreasonable and requests

were overbroad and in someinstances span twenty or more

years.

Dismissed/no juris

1/26/1999 99-0040 Ray Dobard Various City agencies &

employees

Conspiracy to interfere with

Ray Dobard's Civil Rights.

Complainant withdrew his

complaint at PEC Regular

Meeting on 4-5-99.

Withdrawn

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11/2/1998 98-0038 Thordie Ashley Sanjiv Handa Violations of the SunshineOrdinance, California Public

Records Act and/or Brown

Act.

Dismissed. Recommended forhearing.

Dismissed

11/2/1998 98-0039 Thordie Ashley Henry F. Mozell Oakland's Campaign Reform

Act.

Dismissal recommended by

Staff. Dismissed at 1/10/00

PEC meeting.

Referred

10/22/1998 98-0034 Ray Dobard Various parties named

including some city

employees

10/3/98 Violation of the Americans

with Disabilities Act through a

pattern of disability

discrimination.


meeting. Commission

complaints 98-0011, 98-0014,

98-0017, 98-0018, 98-0021,98-0028, 98-0030, 98-0031,

98-0032, 98-0033, and 98-



were overbroad and in some

instances span twenty or more

years.

Dismissed/no juris

10/20/1998 98-0037 Jay Dodson Office of the City

Attorney

8/19/98 Violation of the California

Public Records Act and the

Oakland Municipal Code.

In letter of March 4, 1994, the

complainant amended his

records request and the CityAttorney granted the request in

his amended complaint. Mr.

Dodson informed staff that he

plans to withdraw the

complaint. Staff is waiting for

written confirmation.

10/13/1998 98-0036 Vildred Dawson City Council 10/6/99 Violation of the Brown Act. Letter forwarded from City

Clerk. Complainant never

responded to written inquiry

sent on October 22, 1998, toconfirm she wanted an

investigation by the Public

Ethics Commission.

Complaint considered

withdrawn.

Withdrawn

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9/17/1998 98-0033 Ray Dobard Various parties named

including some city

employees

9/3/98 V iolation of the Americans



discrimination.


meeting. Commission

complaints 98-0011, 98-0014,

98-0017, 98-0018, 98-0021,

98-0028, 98-0030, 98-0031,

98-0032, 98-0033, and 98-





years.

Dismissed/no juris

9/3/1998 98-0032 Ray Dobard Various City employees 9/1/98 Violation of the Americans



discrimination.


meeting. Commission

complaints 98-0011, 98-0014,

98-0017, 98-0018, 98-0021,

98-0028, 98-0030, 98-0031,

98-0032, 98-0033, and 98-





years.

Dismissed/no juris

7/9/1998 98-0031 Ray Dobard Various City employees Intimidation, threats, unfair

and deceptive practices,

racism, social and economic

denials.


meeting. Commission

complaints 98-0011, 98-0014,

98-0017, 98-0018, 98-0021,

98-0028, 98-0030, 98-0031,

98-0032, 98-0033, and 98-


unreasonable and requestswere overbroad and in some


years.

Dismissed/no juris

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7/8/1998 98-0030 Ray Dobard Various City employees Waste of public funds,

negligence, violation of the

Civil Rights Act of 1968,

discrimination, racism, social

and economic denials.


meeting. Commission

complaints 98-0011, 98-0014,

98-0017, 98-0018, 98-0021,

98-0028, 98-0030, 98-0031,

98-0032, 98-0033, and 98-





years.

Dismissed/no juris

5/30/1998 98-0035 Hugh Bassette City Council Violations of the Campaign

Reform Act.

On August 30, 1999, probable

cause was determined to

conduct a hearing with specific

respondents. Charges against

others were dismissed

9/13/99. Possible dismissal,

scheduling of hearings and

approval of stipulations,

decisions and orders

regarding probable cause for

specific respondents continues

at 11/1/99, 12/6/99, 1/10/00

and 2/7/00 Regular Meetings.

The complaint is completed.

Resolved

5/27/1998 98-0029 ACLU and

PUEBLO

Oakland City Council ongoing Violation of the open meetings

provision of Oakland's

Sunshine Ordinance or

California's Brown Act.

Pending litigation (City of

Oakland v. Public Ethics

Commission) in Alameda

Superior Court.

Settled

5/26/1998 98-0027 Gene Hazzard City Council The Office Holder Account

established by City Council

launders campaign.


Meeting.

Dismissed

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5/26/1998 98-0028 Ray Dobard CEDA Agency (Calvin

Wong, RaymondDerania, Walter Harris

and Kenneth Gunari)

Conspiracy to threaten

demolition of "valuableaffordable low income

housing." "Perversion of

truth" to threatened

cancellation of rightful federal

financial housing rehabilitation

assistance. Coercion. Age,

racial, and disability

discrimination re


meeting. Commissioncomplaints 98-0011, 98-0014,

98-0017, 98-0018, 98-0021,

98-0028, 98-0030, 98-0031,

98-0032, 98-0033, and 98-





years.

Dismissed/no juris

5/3/1998 98-0016 Gene Hazzard Harold Wilson 3/2/98 Violation of section 5(b) ofordinance No. 11961 C.M.S.

by Mr. Harold Wilson by

actively seeking election to

the Alameda County Central

Democratic Committee.

4/30/1998 98-0026 Maria

Alexander

Mosswood Recreation

Center

Violation of Brown Act and

Sunshine Ordinance.

Dismissed on 7/6/98 at the

PEC regular meeting. The

complaint was not under the

jurisd iction of the Commission.

Dismissed/no juris

4/28/1998 98-0022 Jakkee Bryson Chief Joseph P.

Samuels Jr.

Police office refused to take

complaints to prevent police

misconduct claims.

Scheduled for dismissal on

9/3/98

4/28/1998 98-0023 Jakkee Bryson Oakland Police officer. 5/28/97 Alleging kidnapping and false

imprisonment.


meeting.

Dismissed

4/28/1998 98-0024 Jakkee Bryson Nancy Nadel Allowance of family members

and friends to park in

reserved parking spaces at

city hall.

City Attorney needed to decide

whether the complaint was

under the jurisdiction of the

PEC.4/28/1998 98-0025 Jakkee Bryson Oakland Police officer 6/6/97 Misuse of authority,

kidnapping & false

imprisonment.

The PEC has no jurisdiction

under this complaint.

However, it was on the agenda

for dismissal on the 7/6/98

during a regular meeting.

Dismissed

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4/1/1998 98-0021 Ray Dobard City Clerk, Ceda Floyd

& Gary Cauazos

Denial for full participation in

the city's goods and services

on the basis of disabilities.

3/27/1998 98-0020 Maureen

Dorsey

City planning

department,

Commissioners Scurly

Scott, Jarvis & Pegram.

2/25/98 General plan not prov ided to

the public, Commissioners

meeting with Gallagler after

close of public input & last

minute information.

Ms. Ellen Gunty was assigned

to be the mediator of the

complaint.

3/20/1998 98-0019 Robin Bartoo Board of Port

Commissioners

3/10/98 Removal of an item

concerning the approval

process for the Estuary Plan

now under review from the

agenda on 3/10/98 meeting.

3/17/1998 98-0018 Ray Dobard Gary Cavazos, Ceda

Floyd, Jane W.

Williams, Joyce M.

Hicks

Violation of the Americans

with Disabilities and section

504 of the Rehabilitation Act

of 1973 as amended in 1978

& civil code section 51 &

section 3345.3/9/1998 98-0017 Ray Dobard City of Oakland/

Building Department.

Violation of Oakland's code of

ethics and other unspecified

laws, ordinances or

regulations.

2/11/1998 98-0015 Jane Jackson Sandra Nathan Violation of the Sunshine

Ordinance, California Public

Records Act or Brown Act.

2/2/1998 98-0014 Ray Dobard Chief Joseph Samuels

Jr., David Ellis, SGT.

Earl Johnson, CalvinWong, Raymond M.

Derania, Walter Harris,

Ms Gayle Harris, Mr.

Ray Leon, Ms Phylis

Williams

Violation of California

government code section

6250, the SunshineOrdinance, California public

records act or brown act and

Oakland's code of ethics.

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1/20/1998 98-0013 Russell Moran David Rashe, Charles

S. Bryant, Terry

Roberts, Jun Osalvo,

Gene Tom, Christopher

Buckley , Patrick Tang,

Willie Yee, Philip

Grubstick, Manuel

Aoanan, Deanna

Santana, Robert Clary,

Ray Derania, Steve

Brandebery, Mark Wald

Refusal to respond to written

and oral requests for copies of

discretionary, Office of Public

Works relating to Hamilton

Hotel project known to be in

the OPW files at 1333

Broadway, Oakland CA

94621.

1/13/1998 98-0012 Hugh Bassette Mayor & City Council Violation of the Sunshine

Ordinance and Brown Act by

the mayor & city council in

making decision out of the

eye of the public.

1/6/1998 98-0011 Ray Dobard Calvin Wong &

Oakland's City Manager.

1/2/98 V iolation of the Sunshine

Ordinance and Brown Act &

Oakland's code of ethics.

9/3/1997 97-0010 John Moran Calvin Wong 8/18/97 Violation of the SunshineOrdinance, California Public

Records Act or Brown Act by

Calvin Wong by not providing

information requested

regarding the Hamilton Hotel

project.

8/27/1997 97-0008 Hills

Newspapers

Port of Oakland Board

of Commissioners

Violation of the Sunshine

Ordinance and Ralph M.

Brown Act by failing to

properly agendize items,provide timely notice of

meetings and provide

adequate documentation of

issues that come before the

Commission.

Forwarded to the Commission

Chair.

Settled

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8/21/1997 97-0009 Leila Gough Mr. Ces Burtner 8/14/97 Mr. Burtner mailed a letter

that was missing campaign ID

number.

Informally resolved between

Mr. Burtner and Deputy City

Clerk Michell Abney.

Resolved/informal

7/15/1997 97-0007 John Moran City manager, Zoning

Director, Helaine

Printice, Joe Levine,

David Rashse, Chris

Buckley, Calvin Wong,

Philip Grubstick, Hector

Lopez, Charles Bryant

and Anne Raud

City Manager conducted a

cover-up of illegal and

unethical actions of the city

staff.

Pending for further

investigation by the PEC.

7/8/1997 97-0006 anonymous Harold Wilson 6/20/05 Violation of the Public Ethics

Commission rule and policy

by Mr. Wilson in being

involved in a political

campaign supporting a

candidate for the mayor of

Oakland.

Ms. Floyd resolved with Mr.

Handa.

Settled

6/17/1997 97-0004 Sanjiv Handa City clerk & clerk of the

city council

2/26/97 Violation of the California

Public Records Act by failing

to respond to a request madeby the East Bay News

Service.

This complaint was addressed

by Chair Sugihara. She finds

no reason/substance inallegation.

Dismissed/no merit

6/17/1997 97-0005 Sanjiv Handa CEDA 4/22/97 Violation of the Sunshine

Ordinance by failing to

provide requested information

and withholding public records

beyond the time permitted by

the Sunshine Ordinance.

Chairperson Sugihara spoke

with Ms. Gallo of CEDA and

the issue with Mr. Handa was

resolved.

Resolved/informal

6/5/1997 97-0003 Dick Gregory Mayor Elihu Harris The mayor had been clearedof charges of unlawful

campaign practices by the

reviewing authority.

Dismissed due to lack ofjurisd iction. Commission

formed subsequent to

allegations of complaint.

Dismissed/no juris

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5/15/1997 97-0002 anonymous Larry Reid/ Mayor's

office

5/15/97 An anonymous call to PEC

reguarding - Notice of Sale of

goods by a mini-storage due

to non-payment of rent. Ad

listed owner of space as Larry

Reid/ Mayor's office.

Settled

4/28/1997 97-0001 Martha Robles Mayor Elihu Harris

/mayor's office

3/18/97 The process of board and

commission appointments

which is structured and

administered in adiscriminatory manner by the

office of the mayor.

Chair Sugihara spoke with Ms.

Robles and informed her that

commissioners serve at the

pressure of the mayor and thatthis was beyond the

jurisd iction of the PEC.

Dismissed/no juris

Page 27