Resolution of Barber Complaint COST

Resolution of  Barber Complaint #OOG-2019-0006-M (COST): The Advisory Opinion (AO), dated September 19, 2019, addresses a complaint (#OOG-2019-0006-M) filed on August 16, 2019, which alleged that the Commission on Selection and Tenure of Administrative Law Judges (COST) failed to provide public notice for several July 2016 meetings and also violated the Open Meetings Act (OMA) on April 8, 2016. The Director of the Office of Open Government determined that the July 2016 allegations had already been investigated and dismissed in four prior complaints (filed in January, February, May, and October 2018), with findings that either no violation occurred or the requested relief could not be granted. Consequently, these concerns were not revisited. Furthermore, the April 8, 2016 allegations were deemed time-barred under 3 DCMR § 10400.24, as they were not filed within 60 days of when the complainant was, or reasonably should have been, aware of the alleged violation .Additionally, the Complainant requested that the Director rescind COST’s actions from April and July 2016, sanction or remove COST members, and void specific decisions. However, the AO clarified that the Director lacks the authority under the OMA to rescind actions, sanction members, or remove individuals from a public body. As a result, the  complaint was dismissed in its entirety.