CHANGES TO THE OPEN MEETINGS REGULATIONS

CHANGES TO THE OPEN MEETINGS REGULATIONS

Introduction:

The Open Meetings Act (OMA) requires that meetings of District of Columbia public bodies be open to the public, along with their decisions and related records. The work of the Office of Open Government (OOG) is to ensure the public right of access to the internal workings of the District of Columbia government. On May 16, 2019, the Director of Open Government took final rulemaking action to adopt new rules implementing the OMA. These rules became effective on May 31, 2019. 

Significant Changes:

The new rules make the following modifications to the District of Columbia Open Meetings regulations:

·        Set forth procedures for an aggrieved party to appeal to the Board of Ethics and Government Accountability (BEGA) for reconsideration of an OMA opinion issued by the OOG Director in response to a public officials’ or employees’ request for advice.

·        Set forth procedures for an aggrieved party to appeal to BEGA for reconsideration of a sua sponte OMA opinion issued by the OOG Director.

·        Establishes that a public body may conduct public meetings using the latest edition of Robert’s Rules of Order and that the Director of Open Government may provide advice and training on parliamentary procedure.

·        Establishes that a public body must include following statement at the end of its draft agenda and final meeting agenda: “This meeting is governed by the Open Meetings Act. Please address any questions or complaints arising under this meeting to the Office of Open Government at opengovoffice@dc.gov.”

·        Establishes that the OOG may now accept anonymous OMA complaints.

·        Set forth the process and procedures that a public body must follow when conducting an electronic public meeting.

·        Lists the components that detailed meeting minutes must contain.

·        Requires the retention of electronic recordings of meetings and written minutes pursuant to District of Columbia law and General Records Schedules.

Public bodies are required to abide by these new regulations immediately. 

Best Practices for Public Bodies:

·        Ensure that records for all meetings contain a draft and final meeting agenda and an electronic recording of all closed/executive sessions of a meeting.

·        Post draft meeting agendas 48 hours or 2 business days before the meeting.  Final agendas should reflect any changes that the public body adopted at the meeting.

·        Ensure that draft and final meeting agendas conclude with the following statement:  “This meeting is governed by the Open Meetings Act.  Please address any questions or complaints arising under this meeting to the Office of Open Government at opengovoffice@dc.gov.”

·        Conduct the meeting per Robert’s Rules of Order, unless as otherwise provided by law or by-laws.

·        Post draft detailed meeting minutes within 3 business days of a meeting.  All draft meeting minutes must provide a notation at the top that states, “full meeting minutes shall be posted on the next  meeting date.”

·        Provide detailed meeting minutes that contain: the date, time and location of the meeting; names of members present or absent; and any motions, and amendments thereto, a record of all votes taken, and a general description of all matters considered.

·        Post electronic recordings of meetings within 7 business days after a meeting.

Please contact the Office of Open Government with any questions you may have at 202-481-3411 or opengovoffice@dc.gov.