Director Hughes' Advice that CJCC is Not Subject to the OMA

E-mail advice was rendered by Director Traci Hughes, on September 13, 2016, concerning whether the Criminal Justice Coordinating Council is subject to the Open Meetings Act. Director Hughes found that the agency was not subject to the OMA. The text of the advice rendered via e-mail is below and attached:

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Dear Mannone –

It was a pleasure to speak to you today.  Please consider this email a formal reply to your inquiry regarding whether the Criminal Justice Coordinating Council (CJCC) may be considered a board or commission as contemplated by the Open Meetings Act (D.C. Official Code § 2-571, et seq. (2016)).   

I have reviewed the enabling statute governing the CJCC, D.C. Official Code § 22-4231, et seq. (2016), and have determined that the CJCC is not a public body as defined by the Open Meetings Act (D.C. Official Code § 2-574(3)(A)).

On its face, the CJCC, would be an independent agency meeting the criteria of a board or commission of the District of Columbia as defined in D.C. Official Code § 1-603.01(13)). However, the CJCC, albeit not subject the administrative control of the Mayor, effectively acts as an agency, and not a board or commission (i.e. Public Body), as the CJCC has independent personnel authority.  Public bodies which fall under the requirements of the OMA do not have separate personnel authority from the agency which governs them.

Please keep in mind that although the CJCC is not obliged to align with the requirements of the OMA, it may choose to allow  public the opportunity to attend in the interest of transparency.

Kind Regards,

Traci