OMA Training Presentation May 8, 2020

Presentation Materials from the Director of Open Government's May 8, 2020 Training Presentation. 

OPEN MEETINGS ACT PRESENTATION

OPEN MEETINGS ACT: D.C. OFFICIAL CODE §§ 2-571 to 2-580.

Office of Open Government’s Mission is “To ensure that government operations at every level are transparent, open to the public, and promote civic engagement.”

WHAT IS A MEETING?

• Gathering of a Quorum of the Members of a Public Body;
• The Members of the Public Body Consider, Conduct, or Advise on Public Business;
• Public Business includes: Gathering Information; Taking Testimony; Discussing; Deliberating; Recommending; and Voting;
• Gathering May Be Held: In Person; By Telephone Conference; Video Conference; or By Other Electronic Means of Communication.

A MEETING IS NOT:

• A Chance or Social Gathering Where No Business is Discussed; or
• A Press Conference.
• NOTE: If There is NO QUORUM the  Public Body Cannot Conduct a Meeting.

A Public Body’s Meeting Must Be Open to the Public, Unless the OMA Permits Closure.

A Meeting is Open if:

• Public is Permitted to be Physically Present.
• News Media is Permitted to be Physically Present.
• Meeting is Televised.

ALSO NOT Meetings: E-mail exchanges between members of a Public Body and Subcommittee Meetings. Subcommittees must not be a quorum of members assembled or it will become a meeting.

LIST OF PUBLIC BODIES SUBJECT TO THE OMA:

• Government Council (including the DC Council)
• Board, Commission, or Similar Entity
• Board that Supervises, or Controls, an Agency
• Advisory Board that Takes Official Action by the Vote of its Members Convened for Such Purpose.

ENTITIES EXCLUDED FROM THE OMA:

• Courts
• Governing Bodies of Public Charter Schools
• Mayor’s Cabinet
• Professional or Administrative Staff of Public Bodies When Gathered Outside the Presence of a Quorum
• Advisory Neighborhood Commissions

MEETING NOTICE REQUIREMENTS:

• As early as possible, but notice must be given 48 Hours or 2 Business Days before each Meeting, whichever is greater,
• Notice must be physically posted  in the office of the public body or a place readily accessible to the public (NOT required during the public health emergency), AND
• Notice must be posted on the Public Body’s website or the Central Meeting Calendar on OOG’s website.
• Upcoming meetings and an Annual Schedule of Meetings must appear in the DC Register.

THE NOTICE MUST INCLUDE:

• Time;
• Date;
• Location;
• Proposed Agenda; and
• If there will be a Closed Session, notice must include the OMA Citation and  state the reason justifying the Closure.

The following statement MUST be included at the end of all Meeting Agendas:

“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.”

OMA JUSTIFICATION FOR CLOSED MEETING:

• Court Order / Statute
• Negotiations
• Attorney / Client Privilege
• Trade Secrets
• Testing/ Grading
• Personnel
• Court Order / Statute
• Negotiations
• Attorney / Client Privilege
• Trade Secrets
• Testing/ Grading
• Personnel

EXECUTIVE SESSION PROTOCOL:

• Open the Public Meeting and Establish a Quorum
• Move to Enter into Executive Session / Second (Motion Must incl. Reference to OMA Citation, to Justify Closed/Executive Session)
• Take Roll Call Vote – and if Motion Passes - Enter into Closed/Executive Session
• Only Discuss the Matter(s) referenced in the Draft Agenda
• Record what is discussed in Executive Session
• Re-Open the Public Meeting, when appropriate report publicly any official action taken in closure and Adjourn

RECORDING REQUIREMENTS:

• AUDIO RECORDING
• VIDEO RECORDING
• TRANSCRIPT – confer with Vendor to ensure no copyright restrictions with posting minutes publicly
• DETAILED MEETING MINUTES

PUBLICATION REQUIREMENTS:

• DRAFT DETAILED MEETING MINUTES MUST BE PUBLICLY AVAILABLE NO LATER THAN  THREE (3) BUSINESS DAYS AFTER THE MEETING.
• AUDIO RECORDINGS, VIDEO RECORDINGS, AND TRANSCRIPTS (COPY OF THE FULL RECORD) MUST BE AVAILABLE NO LATER THAN SEVEN (7) BUSINESS DAYS AFTER THE MEETING.

NOTE: This requirement is tolled until AFTER the public health emergency.

DOES THE PUBLIC HAVE THE RIGHT TO COMMENT?

• Only if the public body’s enabling legislation mandates a period for public comment.
• However, a public body may allow public comment absent a statutory requirement to do so.
• A public body has the right to regulate the time allotted and duration of public comments if they choose to allow them, unless the requirement is already spelled out in enabling legislation or by-laws.

PARLIAMENTARY PROCEDURE

A Public Body may conduct public meetings using the latest edition of Robert’s Rules of Order.

The Director of Open Government may provide advice and training on parliamentary procedure.

HOW DO WE CANCEL?

• A Meeting Cancelation is a Change in Schedule.
• In Most Instances, Requires as Much Notice to the Public as Possible, But Not Less Than 48 Hours or 2 Business Days, Whichever is Greater, Before Meeting was to Occur.
• To Establish a Record the Meeting Notice to the Public Must State “Cancelled.”
• NOTE: Cancellations are permitted during the public health emergency.

ELECTRONIC MEETINGS

(You MUST hold remote, electronic meetings during the public health emergency)

A Public Body Can Meet via Video, Electronic, Conference, or Other Electronic Means If:

• Reasonable Arrangements Made to Accommodate Public’s Right to Attend;
• Meeting are Recorded;
• All Votes are Taken by Roll Call; and
• All Provisions of the OMA are Adhered To.

Note, you may adjourn with “Unanimous Consent”

EMERGENCY MEETINGS

Yes, a Public Body may meet in case of an emergency. Presiding officer must:

• Give to the Public at the Same Time it is Given to the Members;
• Open the Meeting with a Statement Explaining the Subject of the Meeting;
• Explain the Nature of the Emergency; and
• Explain How Public Notice was Provided.

COMPLAINTS

An aggrieved party, including anonymous parties, may complain to the Office of Open Government for relief if a meeting may have been conducted in violation of the OMA.

• May refer to past meetings.
• Submitted in writing in person; online; mail; or email.
• 14 business days to resolve a complaint (additional info; dismissal; binding opinion; or conciliation).

OMA APPEALS

An aggrieved party may appeal to the Board of Ethics and Government Accountability (BEGA) for reconsideration of an OMA opinion issued by the OOG Director, IF THE OPINION WAS ISSUED:

• In response to a public official’s or employee’s request for advice; or
• ‘Sua Sponte’ (without outside prompting).

OOG CONTACTS

Niquelle Allen, Director, E-mail: niquelle.allen@dc.gov; Tel: 202-481-3406

Johnnie Barton, Chief Counsel, E-mail: johnnie.barton2@dc.gov; Tel: 202-741-5373