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Councilmember Kenyan R. McDuffie Chairman Phil Mendelson2
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Councilmember Anita Bonds Councilmember Christina Henderson 6
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Councilmember Robert C. White, Jr. Councilmember Brianne K. Nadeau 10
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Councilmember Brooke Pinto Councilmember Matthew Frumin 14
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Councilmember Janeese Lewis George Councilmember Zachary Parker 18
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Councilmember Charles Allen Councilmember Wendell Felder 22
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A BILL 25
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 28
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To amend, on a temporary basis, the Open Meetings Act to clarify the definition of “meeting”; to 32
provide for a public body’s ability to be briefed about potential terrorist or public health 33
threats so long as no official action is taken; to exempt from the act meetings between the 34
Council and the Mayor provided that no official action is taken at such meetings; and to 35
provide that a meeting shall be deemed open to the public if the public body takes steps 36
reasonably calculated to allow the public to view or hear the meeting while the meeting is 37
taking place, or, if doing so is not technologically feasible, as soon thereafter as 38
reasonably practicable. 39
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 41
act may be cited as the “Open Meetings Clarification Temporary Amendment Act of 2025”. 42
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Sec. 2. The Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. 43
Official Code § 2-571 et seq.), is amended as follows: 44
(a)(1) Section 404(1) (D.C. Official Code § 2-574(1)) is amended to read as follows: 45
“(1)(A) “Meeting” means any gathering of a quorum of the members of a public 46
body, including hearings and roundtables, whether formal or informal, regular, special, or 47
emergency, at which the members consider, conduct, or advise on public business, including 48
gathering information, taking testimony, discussing, deliberating, recommending, and voting, 49
regardless whether held in person, by telephone, electronically, or by other means of 50
communication. 51
“(B) The term “meeting” shall not include: 52
“(i) A chance or social gathering; provided, that it is not held to avoid the 53
provisions of this paragraph; 54
“(ii) A press conference; 55
“(iii) Field trips, site visits, or similar activities to gather information; or 56
“(iv) A retreat of the public body where there are discussions and briefings (but 57
no action is taken) about policy, issues or organizational matters. 58
“(C) For the purposes of the Council of the District of Columbia, the term 59
“meeting” means a regular or additional legislative meeting, and committee meetings where 60
votes are taken.” 61
(2) Section 404(3) is amended as follows: 62
(A) Paragraph (E) is amended by striking the word “or” at the end of the 63
phrase; 64
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(B) Paragraph (F) is amended by striking the period at the end, and 65
inserting the phrase “; or” in its place. 66
(C) A new subparagraph (G) is added to read as follows: 67
“(G) the Criminal Justice Coordinating Council.”. 68
(b) Section 405 (D.C. Official Code § 2-575) is amended as follows: 69
(1) Subsection (a) is amended as follows: 70
(A) Paragraph (2) is amended by striking “or” at the end of the paragraph. 71
(B) Paragraph (3) is amended by striking the phrase “televised.” and inserting 72
the phrase "televised; or” in its place. 73
(C) A new paragraph (4) is added to read as follows: 74
“(4) The public body takes steps reasonably calculated to allow the public to view 75
or hear the meeting while the meeting is taking place, or, if doing so is not technologically 76
feasible, as soon thereafter as reasonably practicable.”. 77
(2) Subsection (b) is amended as follows: 78
(A) Paragraph (8) is amended to read as follows: 79
“(8) To discuss and take action regarding specific methods and procedures to 80
protect the public or a public body from existing or potential terrorist activity or other substantial 81
dangers to public health and safety, or to receive briefings by staff members, legal counsel, law 82
enforcement officials, or emergency service officials concerning these methods and procedures; 83
provided, that disclosure could endanger the public or the public body;” 84
(B) Strike the phrase “; and” in paragraph (15) and insert “;” in its place. 85
(C) Strike the period at the end of paragraph (16)(B) and insert the phrase 86
“; and” in its place. 87
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(D) A new paragraph (17) is added to read as follows: 88
“(b)(17) To be briefed about confidential negotiations, provided that no official action is 89
taken.” 90
(3) Subsection (f) is amended to read as follows: 91
“(f) Notwithstanding any provision of this act, the Council may adopt its own rules to 92
ensure the District’s open meetings policy, as established in section 402, is met with respect to 93
gatherings of councilmembers; provided that unless the Council adopts rules pursuant to this 94
subsection, this title shall apply to the Council.” 95
(4) A new subsection (h) is added to read as follows: 96
“(h) This act shall not apply to a meeting between members of the Council and the 97
Mayor, provided that no official action is decided at the meeting.” 98
(c) Section 406 (D.C. Official Code § 2-576) is amended as follows: 99
(1) Paragraph (1) is amended by striking the phrase "Except for emergency 100
meetings,” at the beginning of the second sentence, and inserting the phrase "attempt to” after 101
the word “shall” in the second sentence. 102
(2) Paragraph (3) is amended by striking the phrase "Notwithstanding the notice 103
requirement of paragraph (2) of this subsection, except”, and inserting the phrase “Except” in its 104
place. 105
(3) Paragraph (4) is amended by inserting the phrase "and notwithstanding 106
paragraphs (1) and (3) of this subsection,” after the word “matter,”. 107
(d) Section 407(a) (D.C. Official Code § 2-577(a)) is amended as follows: 108
(1) Paragraph (1) is amended to read as follows: 109
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“(1) Reasonable arrangements are made to accommodate the public’s right to 110
attend the meeting, or steps are taken that are reasonably calculated to allow the public to view or 111
hear the meeting while the meeting is taking place, or if doing so is not technologically feasible, 112
as soon thereafter as reasonably practicable;” 113
(2) Paragraph (3) is amended by striking the phrase "taken by roll call” and 114
inserting the word “recorded” in its place. 115
(e) Section 409(a) (D.C. Official Code § 2-579(a)) is amended by striking the phrase 116
“Council meetings.” and inserting the phrase "meetings and gatherings of councilmembers.” in 117
its place. 118
Sec. 3. Fiscal impact statement. 119
The Council adopts the fiscal impact statement in the committee report as the fiscal 120
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 121
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 122
Sec. 4. Effective date. 123
(a) This act shall take effect following approval of the Mayor (or in the event of veto by 124
the Mayor, action by the Council to override the veto), a 30-day period of congressional review 125
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 126
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 127
(b) This act shall expire after 225 days of its having taken effect. 128