Oakland (Special to ZennieReport.com) – For the last two years, serious allegations of ethics violations have been made to the Oakland Public Ethics Commission (PEC) against Mayor Sheng Thao. Curiously, those complaints have been ignored by the Oakland Public Ethics Commission and Simon Russel, its chief investigator.
These ethics violations include Mayor Thao’s late filing of her campaign papers and the City Clerk illegally forging timestamps, which would have disqualified her campaign. Additionally, she is accused of coercing city employees to campaign for her during work hours on taxpayer dollars, and there are pay-to-play allegations made in early 2023 by her former chief of staff. Suspicious donations from out-of-state individuals who made uniform donation amounts to her campaign have also raised concerns.
Oakland PEC Refuses To Investigate Complaints That Could Lead To Criminal Charges
Some of these allegations have even resulted in lawsuits against the city, with clear evidence that could lead to criminal charges. Yet, Russel and the Oakland Public Ethics Commission (PEC) have refused to investigate these complaints, placing them in a “holding pattern.” Perhaps if the PEC had done its job, the FBI would not have found it necessary to raid Thao’s residence on June 20.
Since Oakland United to Recall Sheng Thao (OUST) launched its recall efforts in January, The Oaklandside newspaper and Thao’s supporters have engaged in unsavory tactics to unlawfully obtain information about OUST’s donors. Thao’s supporters spread the false narrative that OUST was funded by millionaire right-wing Republican donors.
OUST properly disclosed its top funders in February, including the multi-purpose organization Foundational Oakland Unites (FOU) as a top donor. The Oaklandside contacted OUST and improperly asked how much the top funders had donated, information they were not entitled to until OUST filed its quarterly report. When OUST properly filed its quarterly campaign finance report in April and disclosed all donors who had given $100 or more, The Oaklandside printed the name of every individual donor listed in the report. Was that an attempt to intimidate donors into not contributing?
In May, the PEC, after giving Oakland Mayor Thao a pass on her alleged ethical and campaign violations for two years, decided to urgently investigate OUST for possible campaign violations. The Oakland Public Ethics Commission issued a broad and illegal subpoena seeking to invade the First Amendment privacy rights of recall supporters by seeking all emails that OUST and FOU exchanged with anyone containing terms such as “Thao” and “recall.” The subpoena even sought communications with OUST’s and FOU’s attorneys, information that is privileged from disclosure.
Oakland Public Ethics Commission Knew Thao Recall Organization Was Legal In Setup And Operation
The Oakland Public Ethics Commission knew that FOU was registered with the Secretary of State as a multipurpose organization, not as a campaign committee, and that FOU can properly communicate with and make donations to OUST. The PEC also knew that OUST is required to file its second-quarter report in July, which will list all donors who gave $100 or more during the quarter. All of the legitimate information the PEC claims it needs will be available in a matter of weeks.
“OUST will not cooperate in what it believes to be a governmental agency’s overreach and abuse of the PEC’s investigative authority. We will not violate the privacy rights of our supporters unless a court orders us to do so,” said Retired Judge Brenda Harbin-Forte, OUST’s president.
This attack from the Oakland Public Ethics Commission came as the success of our recall efforts became more evident. OUST turned in more than 40,000 signatures from Oakland voters in support of Thao’s recall. The Oakland City Council is expected to vote today to place the recall on the November ballot. The PEC has admitted that its investigation aims to affect the outcome of the recall, raising questions about its motives.
OUST believes that fighting the subpoenas will shine a light on the Oakland Public Ethics Commission’s abuse of power. OUST will not bow to corruption and demagoguery and will always stand up for our shared values of democracy, accountability, and transparency in Oakland. It’s time to restore sanity to City Hall.