OMA Advisory Opinion (#OOG-2025-0059) – Alcoholic Beverage and Cannabis Board

On November 5, 2026, Director Allen issued an Advisory Opinion #OOG-2025-0059, in response to a complaint which alleged that Alcoholic Beverage and Cannabis Board (“ABC Board”) regularly conduct all of its deliberations "behind closed doors" during the Board’s hearings and that the Board does not publicly disclose its legal authority or deliberations from closed session meetings.

Director Allen found that ABC Board did not violate the OMA by addressing statutorily permitted matters in closed or executive sessions for the meetings reviewed by the Office of Open Government (“OOG”).  The Board provided a brief description of the matters to be discussed on its agendas and stated the subject(s) to be discussed before entering closed or executive sessions of its meetings.  The Board has not discussed or considered matters in closed session other than those matters listed under D.C. Official Code § 2-575(b) for which the ABC Board Chairman gave the public notice of prior to closure.  However, Director Allen found that the subjects ABC Board voted on to enter closed session for some of the meetings investigated were deficient considering the intent of the OMA to advance government openness and transparency and the Final Rulemaking that the Director issued on June 26, 2026, which amends Chapter 104 (Office of Open Government) to Title 3 (Elections and Ethics) of the District of Columbia Municipal Regulations (DCMR).  The Final Rulemaking was issued after OOG received the Complaint.  The latter demonstrates that D.C. Official Code § 2-575(c)(2) “The presiding officer shall make a statement providing the reason for closure” requires “a general description of the specific subject matter to be discussed” (DCMR), § 10411.4(a)).  The Final Rulemaking that clarifies and conforms amendments consistent with the OMA meeting requirements was adopted after the Complaint against ABC Board.   

The Director reminded and cautioned ABC Board to ensure that if the Board’s members cannot reasonably vote to enter a closed session of a meeting immediately before entering the closed session of the meeting, and the Board instead takes the vote at its open session meeting that occurs directly before the date of the planned closed session, at the beginning of the closed session, the Board’s Chair or designee must recite the vote of the preceding meeting to enter into its closed session.  Also, in keeping with the spirit of the District’s open meeting laws’ charge to conduct meetings with openness and transparency, upon ABC Board’s return to open session after its closed session, the Board must report publicly any official action taken in closed session.  Director Allen informed ABC Board of the areas in which the Board could improve its meeting practices.