District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0796 Compare Versions

Only one version of the bill is available at this time.

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11	11	April 24, 2024
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13	13	Nyasha Smith, Secretary
14	14	Council of the District of Columbia
15	15	1350 Pennsylvania Avenue NW
16	16	Washington, DC 20004
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18	18	Dear Secretary Smith,
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20	20	Today, I am introducing the Transparency Is Accountability Amendment Act of 2024. Please
21	21	find enclosed a signed copy of the legislation, which is co- introduced by Councilmember
22	22	Brianne K. Nadeau.
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24	24	One of the most important forms of accountability for government operations is transparency,
25	25	and one of the principal mechanisms for delivering that transparency is the District of Columbia
26	26	Freedom of Information Act, or FOIA, D.C. Official Code § 2- 531 et seq. While this law in
27	27	theory provides members of the public —including the press —access to public records, the
28	28	reality of FOIA practice is some what different. F ar too often, government records pertaining to
29	29	basic government functions or that shed light on government misconduct are withheld—
30	30	depriving the public of critical information and frustrating the transparency and accountability
31	31	objectives of FOIA. At a time when local news outlets are struggling and council offices face
32	32	routine difficulties securing information from the Office of Unified Communications and other
33	33	agencies with significant performance issues, public access to records is more important than
34	34	ever.
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36	36	The Transparency Is Accountability Amendment Act of 2024 makes targeted changes to D .C.’s
37	37	FOIA to enhance the ability of the public to obtain critical information about agency operations
38	38	and to incentivize efficient and responsible government conduct through greater transparency.
39	39	This legislation will:
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41	41	(1) Clarify that 911 call records cannot be withheld under the personal privacy exemption where
42	42	the name and number of the caller is redacted (while also allowing a caller to provide written
43	43	consent for this information to be disclosed) ;
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46	46	(2) Ensure that oft en used exemption for inter-agency and intra-agency memoranda cannot
47	47	be used to withhold information regarding government misconduct, including
48	48	discrimination, violations of criminal law, and sexual harassment;
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50	50	(3) Require agencies to identify a specific, foreseeable harm when asserting an exemption to
51	51	disclosure and to consider discretionary releases of information wh en the likelihood of
52	52	significant harm occurring is low and the public interest in the information is high;
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54	54	and
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56	56	(4) Require the disclosure of information withheld under the deliberative process if the
57	57	public’s interest in disclosure outweighs the District’s interest in secrecy.
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59	59	Enacting these changes will help bolster efforts to weed out unethical and unlawful conduct in
60	60	the District’ s executive and legislative branches and ensure that District residents are better
61	61	equipped to hold their elected and appointed representatives accountable.
62	62	Please contact my Deputy Chief of Staff , Conor Shaw, at cshaw@dccouncil.gov if you have any
63	63	questions about this legislation.
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65	65	Sincerely,
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69	69
70	70	Zachary Parker
71	71	Ward 5 Councilmember
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74	74	These changes reflect current federal FOIA law and practice prompted by the FOIA
75	75	Improvement Act of 2016 (P.L . 114-185) as well as guidelines issued by United States Attorney
76	76	General Merrick Garland on March 15, 2022. 1
77	77	___________________________ ______________________________ 2
78	78	Councilmember Brianne K. Nadeau Councilmember Zachary Parker 3
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81	81	A BILL 6
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83	83	_________________________ 8
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85	85	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
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87	87	_________________________ 12
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90	90	To amend the Freedom of Information Act of 1976 to improve public access to critical records, 15
91	91	including 911 transcripts and recordings, documents regarding government misconduct, 16
92	92	and deliberative materials when the public interest in disclosure outweighs the District’s 17
93	93	interest in secrecy. 18
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95	95	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may 20
96	96	be cited as the “Transparency Is Accountability Amendment Act of 2024”. 21
97	97	Sec. 2. The Freedom of Information Act of 1976 (D.C. Law 1-96; D.C. Official Code § 2-22
98	98	534(a)), is amended as follows: 23
99	99	(a) Paragraph (a)(2) is amended to read as follows:24
100	100	“(2) Information of a personal nature where the public disclosure thereof would constitute 25
101	101	a clearly unwarranted invasion of personal privacy, excluding audio or transcripts of calls to 911 26
102	102	and other 911 radio, including dispatches and agency to agency communications, where the 911 27
103	103	caller’s name and contact information has been redacted ; provided, that the agency shall not 28
104	104	redact the personal information of the person requesting the record or a person who has expressly 29
105	105	consented to disclosure of the information in writing .” 30
106	106	(b) Paragraph (a)(4) is amended to read as follows31
107	107	“(4) Inter-agency or intra-agency memorandums or letters, including memorandums or 32
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111	111	letters generated or received by the staff or members of the Council, which would not be 33
112	112	available by law to a party other than a public body in litigation with the public body. This 34
113	113	exemption shall not apply to information regarding government misconduct, including actions, 35
114	114	policies, or decisions that violate the District’s Code of Conduct as defined by Section 101 of the 36
115	115	Board of Ethics and Government Accountability Establishment and Comprehensive Ethics 37
116	116	Reform Amendment Act of 2011 (D.C. Law 19-318; D.C. Official Code § 1 –1161.01(7); the 38
117	117	District of Columbia Theft and White Collar Crimes Act of 1982 (D.C. Official Code Title 22, 39
118	118	Chapters 7, 24, 32); the Human Rights Act of 1977 (D.C. Law 2- 38; D.C. Official Code §§ 2-40
119	119	1401.01 et seq.); and Mayor’s Order 2023- 131 (October 31, 2023) and any superseding order.” 41
120	120	(c) Subsection (b) is amended by: 42
121	121	(1) inserting the sentence “An agency shall withhold information under this 43
122	122	section only if the agency reasonably foresees that disclosure would harm an interest protected 44
123	123	by subsection (a).” before the word “Any”; and 45
124	124	(2) inserting the sentence “An agency shall apply a presumption of openness 46
125	125	when applying this section and shall consider discretionary releases of information when the 47
126	126	reasonable likelihood of significant harm occurring is low and the public interest in the 48
127	127	information is high.” after the phrase “where the deletion was made.” 49
128	128	(d) A new subsection ( f) is inserted to read as follows: 50
129	129	“(f) Information withheld under the deliberative process privilege shall be disclosed if the 51
130	130	public’s interest in disclosure outweighs the District’s interest in secrecy.” 52
131	131	Sec. 3. Fiscal impact statement. 53
132	132	The Council adopts the fiscal impact statement in the committee report as the fiscal 54
133	133	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 55
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137	137	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 56
138	138	Sec. 4. Effective date. 57
139	139	This act shall take effect after approval by the Mayor (or in the event of veto by the 58
140	140	Mayor, action by the Council to override the veto), a 30- day period of congressional review as 59
141	141	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 60
142	142	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 61
143	143	Columbia Register. 62