OOG-0004_9.29.18 Resolution of Complaint_COST

The Office of Open Government (OOG) reviewed a complaint alleging that the Commission on the Selection and Tenure of Administrative Law Judges (COST) violated the D.C. Open Meetings Act (OMA) by making decisions without a quorum and that both COST and the Office of Administrative Hearings (OAH) violated the Freedom of Information Act (FOIA). After examining the complaint, OOG concluded that it lacked the legal authority to grant the relief requested. The office explained that it cannot invalidate public body decisions, compel agencies to release records, or determine the reasonableness of FOIA fees, as those matters fall under the jurisdiction of the D.C. Superior Court or the Mayor’s Office of Legal Counsel.

Because the issues raised involved actions and remedies outside OOG’s statutory powers, the office dismissed and closed the complaint without ruling on the merits of the allegations. OOG advised the Complainant that any challenge regarding OMA violations must be filed in Superior Court, and any FOIA‑related disputes must be appealed through the Mayor’s FOIA appeal process or brought before the court.