The District of Columbia Board of Ethics and Government Accountability (“BEGA”) selected Niquelle M. Allen as the new Director of the Office of Open Government (“OOG”). Ms. Allen’s tenure as the OOG Director began on Monday, July 9, 2018. OOG’s new Director is a seasoned and respected attorney. Director Allen has served with distinction in the District government for 16 years and has practiced law for 19 years. Most recently Director Allen served as Senior Policy Advisor and Counsel for the Office of the Chief Technology Officer (OCTO). At OCTO, Director Allen worked on information technology (IT) law and policy, and most notably, she assisted with the drafting and implementation of the District’s Open Data Policy. Director Allen also served as OCTO’s Interim Director of DC-NET, the District of Columbia’s broadband network. Under her direction, DC-NET expanded its free Wi-Fi program and expanded its service portfolio to include to the federal government and non-profit entities. Director Allen proudly served as an Assistant Attorney General for the District of Columbia from 2002 to 2013, where she practiced law in the areas of telecommunications, cable television regulation, civil litigation, and alcohol beverage regulation. Director Allen also served as the FOIA Officer for both OCTO and the DC Office of Cable Television (currently operating as the DC Office of Cable Television, Film, Music & Entertainment).
“Ms. Allen is the perfect choice to lead this Office,” said BEGA Chair Tameka M. Collier. “The Board believes that the future of Open Government lies in role-based training, public outreach, and enhanced information technology capabilities that make government data easily accessible. Ms. Allen’s enthusiasm and experience, particularly in IT law, will serve her well in this position.” Director Allen said, “I am honored to have been selected to serve as the Director of the Office of Open Government.” Director Allen also said, “I look forward to leading the Office and working with all sectors of the government, as well as outside stakeholders, to ensure maximum access to the important work of city officials.” Director Allen received her bachelor’s degree in political science from the University of North Carolina at Chapel Hill and her law degree from North Carolina Central University. Director Allen is a member of the District of Columbia Bar, the North Carolina Bar, and the Supreme Court Bar. Director Allen was born in the District of Columbia and currently resides in Ward 4.

Annual FOIA Reports. Pursuant to D.C. Official Code § 2-538(a) & (c) the Council has received the annual FOIA reports (report of the public –record-disclosure activities) of each District of Columbia public body and the listing of FOIA cases that were in litigation for the preceding fiscal year. The reports, in their entirety may be viewed respectively here: Report 1, Report 2

The Language of FOIA. The “public domain doctrine” is the legal principal that the government may not rely on FOIA’s statutory exemptions and must release the record when the following has occured: (1) a permanent and complete copy of the record has been released in the public domain; (2) the party asserting a claim of prior disclosure identifies the specific information in the public domain that appears to duplicate that being withheld; and (3) the government fails to demonstrate that the specific records identified have since been removed from the public domain. See Afshar v. Department of State, 702 F.2d 1125 (D.C. Cir 1983), and Cottone v. Reno, 193 F.3d 550 (D.C. Cir. 1999). See Afshar v. Department of State, 702 F.2d 1125 (D.C. Cir 1983), and Cottone v. Reno, 193 F.3d 550 (D.C. Cir. 1999).

OOG Advisory Opinion Regarding MPD. The OOG’s most recent FOIA Advisory Opinion was issued on June 28, 2018 and resolves the following issue: whether it is consistent with FOIA for the MPD to require requesters of certain records about themselves (first-party request) to attach to the request proof of their identity at the time of the submission; and that attorneys making FOIA requests on behalf of clients supply proof of identification for the client or the attorney, such as a copy of the client’s or attorney’s government-issued identification, and proof of representation such as a signed authorization or a retainer agreement. Read the Advisory Opinion here.