The Director of the Office of Open Government, pursuant to the authority set forth in Section 205c(a)(3) of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective October 30, 2018 (D.C. Law 19-124; D.C. Official Code § 1-1162.05c(a)(3) (2016 Repl. & 2018 Supp.)), hereby gives notice of her intent to adopt the following amendments to Chapter 104 (Office of Open Government) to Title 3 (Elections and Ethics) of the District of Columbia Municipal Regulations (DCMR).
The proposed rulemaking creates a new section, 10411, that sets forth the procedural requirements public bodies must follow to enter into closed meetings. Additionally, the rulemaking makes clarifying and conforming amendments consistent with the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code §§ 2-571 et seq. (2016 Repl.)).
This rulemaking is necessary because the newly added section 10411 provides specific instructions for the procedures public bodies must follow before entering into closed meetings or closing portions of a meeting. Specifically, the newly added section clarifies that public bodies must hold closed sessions immediately after the public body votes to close the meeting, except for adjudicatory public bodies, which may vote to close a meeting no earlier than the public meeting that occurs directly before the date of the planned closed session.
The Director hereby gives notice of her intent to take final rulemaking action to adopt these proposed amended rules as final not less than thirty (30) days after the date of publication of this notice in the District of Columbia Register.
Title 3 DCMR, ELECTIONS AND ETHICS, is amended as follows:
Chapter 104, OFFICE OF OPEN GOVERNMENT, is amended as read on the document attached on this page and below:
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OFFICE OF OPEN GOVERNMENT
NOTICE OF PROPOSED RULEMAKING
The Director of the Office of Open Government, pursuant to the authority set forth in Section 205c(a)(3) of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective October 30, 2018 (D.C. Law 19-124; D.C. Official Code § 1-1162.05c(a)(3) (2016 Repl. & 2018 Supp.)), hereby gives notice of her intent to adopt the following amendments to Chapter 104 (Office of Open Government) to Title 3 (Elections and Ethics) of the District of Columbia Municipal Regulations (DCMR).
The proposed rulemaking creates a new section, 10411, that sets forth the procedural requirements public bodies must follow to enter into closed meetings. Additionally, the rulemaking makes clarifying and conforming amendments consistent with the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code §§ 2-571 et seq. (2016 Repl.)).
This rulemaking is necessary because the newly added section 10411 provides specific instructions for the procedures public bodies must follow before entering into closed meetings or closing portions of a meeting. Specifically, the newly added section clarifies that public bodies must hold closed sessions immediately after the public body votes to close the meeting, except for adjudicatory public bodies, which may vote to close a meeting no earlier than the public meeting that occurs directly before the date of the planned closed session.
The Director hereby gives notice of her intent to take final rulemaking action to adopt these proposed amended rules as final not less than thirty (30) days after the date of publication of this notice in the District of Columbia Register.
Title 3 DCMR, ELECTIONS AND ETHICS, is amended as follows:
Chapter 104, OFFICE OF OPEN GOVERNMENT, is amended to read as follows:
10400.6 Complaints may be submitted anonymously. If the Complainant requests anonymity, the Director shall honor Complainant’s request to remain anonymous.
10411 CLOSED MEETINGS
10411.1 Public bodies, as defined in D.C. Official Code § 2-574(3), may close a meeting or portion of a meeting for the purposes described in section 405(b) of the Open Meetings Act.
10411.2 Before a meeting or portion of a meeting may be closed, the public body shall meet in a public, open session at which a majority of the members of the public body present vote in favor of closure.
10411.3 The public vote in favor of closure shall immediately precede the closed meeting or closed portion of a meeting.
10411.4 If an adjudicatory public body cannot reasonably vote to enter into a closed session of a meeting immediately before entering into the closed session of the meeting, the adjudicatory public body may instead take that vote at the public meeting that occurs directly before the date of the planned closed session. The vote shall not be taken any earlier than that meeting. Further, at the beginning of all closed sessions, the Chair or designee of that adjudicatory public body shall recite the vote of the preceding meeting to enter into its current closed session.
10411.5 The presiding officer shall make a statement providing the reason for entering into the closed session of the meeting, including citations from D.C. Official Code § 2-575(b), and the subjects to be discussed. A copy of the vote to enter into closed session and the statement shall be provided in writing and made available to the public.
10411.6 A public body that meets in closed session shall not discuss or consider matters other than those matters listed under D.C. Official Code § 2-575(b).
10411.7 Upon concluding the closed session, the public body shall return to open session to put on the record any official action that was taken during the closure, if it is appropriate to do so.
10499 DEFINTIONS
10499.2 “Adjudicatory Public Body” means an executive branch board, commission, or other public entity that is authorized by statute to hear and decide cases, resolve disputes, issue orders, or make determinations affecting the legal rights of specific parties pursuant to the D.C. Administrative Procedure Act (D.C. Official Code § 2-501 et seq.).
Parties wishing to provide comments on this proposed rulemaking action must submit their comments in writing within thirty (30) days after publication of this notice in the District of Columbia Register to Louis L. Neal, Chief Counsel, Office of Open Government, by email at opengovoffice@dc.gov or by mail or hand delivery to the Board of Ethics and Government Accountability, 1030 15th Street, NW, Suite 700 West, Washington, DC 20005.