District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0200 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENGROSSED ORIGINAL
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3		-
4	1
5	2		1
6		-
7		-	A BILL 1
	3	+	___________________________ ____________________________ 1
	4	+	Councilmember Kenyan R. McDuffie Chairman Phil Mendelson2
	5	+	3
	6	+	4
	7	+	____________________________ ____________________________ 5
	8	+	Councilmember Anita Bonds Councilmember Christina Henderson 6
	9	+	7
	10	+	8
	11	+	____________________________ ____________________________ 9
	12	+	Councilmember Robert C. White, Jr. Councilmember Brianne K. Nadeau 10
	13	+	11
	14	+	12
	15	+	____________________________ ____________________________ 13
	16	+	Councilmember Brooke Pinto Councilmember Matthew Frumin 14
	17	+	15
	18	+	16
	19	+	___________________________ _____________________________ 17
	20	+	Councilmember Janeese Lewis George Councilmember Zachary Parker 18
	21	+	19
	22	+	20
	23	+	___________________________ ___________________________ 21
	24	+	Councilmember Charles Allen Councilmember Wendell Felder 22
	25	+	23
	26	+	24
	27	+	A BILL 25
	28	+	____________ 26
	29	+	27
	30	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 28
	31	+	_________________ 29
	32	+	30
	33	+	31
	34	+	To amend, on a temporary basis, the Open Meetings Act to clarify the definition of “meeting”; to 32
	35	+	provide for a public body’s ability to be briefed about potential terrorist or public health 33
	36	+	threats so long as no official action is taken; to exempt from the act meetings between the 34
	37	+	Council and the Mayor provided that no official action is taken at such meetings; and to 35
	38	+	provide that a meeting shall be deemed open to the public if the public body takes steps 36
	39	+	reasonably calculated to allow the public to view or hear the meeting while the meeting is 37
	40	+	taking place, or, if doing so is not technologically feasible, as soon thereafter as 38
	41	+	reasonably practicable. 39
	42	+	40
	43	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 41
	44	+	act may be cited as the “Open Meetings Clarification Temporary Amendment Act of 2025”. 42
8	45		2
	46	+	Sec. 2. The Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. 43
	47	+	Official Code § 2-571 et seq.), is amended as follows: 44
	48	+	(a)(1) Section 404(1) (D.C. Official Code § 2-574(1)) is amended to read as follows: 45
	49	+	“(1)(A) “Meeting” means any gathering of a quorum of the members of a public 46
	50	+	body, including hearings and roundtables, whether formal or informal, regular, special, or 47
	51	+	emergency, at which the members consider, conduct, or advise on public business, including 48
	52	+	gathering information, taking testimony, discussing, deliberating, recommending, and voting, 49
	53	+	regardless whether held in person, by telephone, electronically, or by other means of 50
	54	+	communication. 51
	55	+	“(B) The term “meeting” shall not include: 52
	56	+	“(i) A chance or social gathering; provided, that it is not held to avoid the 53
	57	+	provisions of this paragraph; 54
	58	+	“(ii) A press conference; 55
	59	+	“(iii) Field trips, site visits, or similar activities to gather information; or 56
	60	+	“(iv) A retreat of the public body where there are discussions and briefings (but 57
	61	+	no action is taken) about policy, issues or organizational matters. 58
	62	+	“(C) For the purposes of the Council of the District of Columbia, the term 59
	63	+	“meeting” means a regular or additional legislative meeting, and committee meetings where 60
	64	+	votes are taken.” 61
	65	+	(2) Section 404(3) is amended as follows: 62
	66	+	(A) Paragraph (E) is amended by striking the word “or” at the end of the 63
	67	+	phrase; 64
9	68		3
10		-	26-200
	69	+	(B) Paragraph (F) is amended by striking the period at the end, and 65
	70	+	inserting the phrase “; or” in its place. 66
	71	+	(C) A new subparagraph (G) is added to read as follows: 67
	72	+	“(G) the Criminal Justice Coordinating Council.”. 68
	73	+	(b) Section 405 (D.C. Official Code § 2-575) is amended as follows: 69
	74	+	(1) Subsection (a) is amended as follows: 70
	75	+	(A) Paragraph (2) is amended by striking “or” at the end of the paragraph. 71
	76	+	(B) Paragraph (3) is amended by striking the phrase “televised.” and inserting 72
	77	+	the phrase "televised; or” in its place. 73
	78	+	(C) A new paragraph (4) is added to read as follows: 74
	79	+	“(4) The public body takes steps reasonably calculated to allow the public to view 75
	80	+	or hear the meeting while the meeting is taking place, or, if doing so is not technologically 76
	81	+	feasible, as soon thereafter as reasonably practicable.”. 77
	82	+	(2) Subsection (b) is amended as follows: 78
	83	+	(A) Paragraph (8) is amended to read as follows: 79
	84	+	“(8) To discuss and take action regarding specific methods and procedures to 80
	85	+	protect the public or a public body from existing or potential terrorist activity or other substantial 81
	86	+	dangers to public health and safety, or to receive briefings by staff members, legal counsel, law 82
	87	+	enforcement officials, or emergency service officials concerning these methods and procedures; 83
	88	+	provided, that disclosure could endanger the public or the public body;” 84
	89	+	(B) Strike the phrase “; and” in paragraph (15) and insert “;” in its place. 85
	90	+	(C) Strike the period at the end of paragraph (16)(B) and insert the phrase 86
	91	+	“; and” in its place. 87
11	92		4
	93	+	(D) A new paragraph (17) is added to read as follows: 88
	94	+	“(b)(17) To be briefed about confidential negotiations, provided that no official action is 89
	95	+	taken.” 90
	96	+	(3) Subsection (f) is amended to read as follows: 91
	97	+	“(f) Notwithstanding any provision of this act, the Council may adopt its own rules to 92
	98	+	ensure the District’s open meetings policy, as established in section 402, is met with respect to 93
	99	+	gatherings of councilmembers; provided that unless the Council adopts rules pursuant to this 94
	100	+	subsection, this title shall apply to the Council.” 95
	101	+	(4) A new subsection (h) is added to read as follows: 96
	102	+	“(h) This act shall not apply to a meeting between members of the Council and the 97
	103	+	Mayor, provided that no official action is decided at the meeting.” 98
	104	+	(c) Section 406 (D.C. Official Code § 2-576) is amended as follows: 99
	105	+	(1) Paragraph (1) is amended by striking the phrase "Except for emergency 100
	106	+	meetings,” at the beginning of the second sentence, and inserting the phrase "attempt to” after 101
	107	+	the word “shall” in the second sentence. 102
	108	+	(2) Paragraph (3) is amended by striking the phrase "Notwithstanding the notice 103
	109	+	requirement of paragraph (2) of this subsection, except”, and inserting the phrase “Except” in its 104
	110	+	place. 105
	111	+	(3) Paragraph (4) is amended by inserting the phrase "and notwithstanding 106
	112	+	paragraphs (1) and (3) of this subsection,” after the word “matter,”. 107
	113	+	(d) Section 407(a) (D.C. Official Code § 2-577(a)) is amended as follows: 108
	114	+	(1) Paragraph (1) is amended to read as follows: 109
12	115		5
13		-	6
14		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7
15		-	8
16		-	___________ 9
17		-	10
18		-	11
19		-	To amend, on a temporary basis, the Open Meetings Act to clarify th e definition of “meeting”; to 12
20		-	provide for a public body’s ability to be briefed about potential terrorist or public health 13
21		-	threats so long as no official action is taken; to exempt from the act meetings between the 14
22		-	Council and the Mayor provided that no official action is taken at such meetings; and to 15
23		-	provide that a meeting shall be deemed open to the public if the public body takes steps 16
24		-	reasonably calculated to allow the public to view or hear the meeting while the meeting is 17
25		-	taking place, or, if doing so is not technologically feasible, as soon thereafter as 18
26		-	reasonably practicable. 19
27		-	20
28		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21
29		-	act may be cited as the “ Open Meetings Clarification Temporary Amendment Act of 2025 ”. 22
30		-	Sec. 2. The Open Meetings Act, effective March 31, 2011 ( D.C. Law 18-350; D.C. 23
31		-	Official Code § 2-571 et seq.), is amended as follows: 24
32		-	(a)(1) Section 404(1) (D.C. Official Code § 2- 574(1)) is amended to read as follows: 25
33		-	“(1)(A) “Meeting” means any gathering of a quorum of the members of a public 26
34		-	body, including hearings and roundtables, whether formal or informal, regular, special, or 27
35		-	emergency, at which the members consider, conduct, or advise on public business, including 28
36		-	gathering information, taking testimony, discussing, deliberating, recommending, and voting, 29 ENGROSSED ORIGINAL
37		-
38		-
39		-
40		-	2
41		-
42		-	regardless whether held in person, by telephone, electronically, or by other means of 30
43		-	communication. 31
44		-	“(B) The term “meeting” shall not include: 32
45		-	“(i) A chance or social gathering; provided, that it is not held to avoid the 33
46		-	provisions of this paragraph; 34
47		-	“(ii) A press conference; 35
48		-	“(iii) Field trips, site visits, or similar activities to gather information; or 36
49		-	“(iv) A retreat of the public body where there are discussions and briefings (but 37
50		-	no action is taken) about policy, issues or organizational matters. 38
51		-	“(C) For the purposes of the Council of the District of Columbia, the term 39
52		-	“meeting” means a regular or additional legislative meeting, and committee meetings where 40
53		-	votes are taken.” 41
54		-	(2) Section 404(3) is amended as follows: 42
55		-	(A) Paragraph (E) is amended by striking the word “or” at the end of the 43
56		-	phrase; 44
57		-	(B) Paragraph (F) is amended by striking the period at the end, and 45
58		-	inserting the phrase “; or” in its place. 46
59		-	(C) A new subparagraph (G) is added to read as follows: 47
60		-	“(G) the Criminal Justice Coordinating Council.”. 48
61		-	(b) Section 405 (D.C. Official Code § 2-575) is amended as follows: 49 ENGROSSED ORIGINAL
62		-
63		-
64		-
65		-	3
66		-
67		-	(1) Subsection (a) is amended as follows: 50
68		-	(A) Paragraph (2) is amended by striking “or” at the end of the paragraph. 51
69		-	(B) Paragraph (3) is amended by striking the phrase “televised.” and inserting 52
70		-	the phrase "televised; or” in its place. 53
71		-	(C) A new paragraph (4) is added to read as follows: 54
72		-	“(4) The public body takes steps reasonably calculated to allow the public to view 55
73		-	or hear the meeting while the meeting is taking place, or, if doing so is not technologically 56
74		-	feasible, as soon thereafter as reasonably practicable.”. 57
75		-	(2) Subsection (b) is amended as follows: 58
76		-	(A) Paragraph (8) is amended to read as follows: 59
77		-	“(8) To discuss and take action regarding specific methods and procedures to 60
78		-	protect the public or a public body from existing or potential terrorist activity or other substantial 61
79		-	dangers to public health and safety, or to receive briefings by staff members, legal counsel, law 62
80		-	enforcement officials, or emergency service officials concerning these methods and procedures; 63
81		-	provided, that disclosure could endanger the public or the public body;” 64
82		-	(B) Strike the phrase “; and” in paragraph (15) and insert “;” in its place. 65
83		-	(C) Strike the period at the end of paragraph (16)(B) and insert the phrase 66
84		-	“; and” in its place. 67
85		-	(D) A new paragraph (17) is added to read as follows: 68 ENGROSSED ORIGINAL
86		-
87		-
88		-
89		-	4
90		-
91		-	“(b)(17) To be briefed about confidential negotiations, provided that no official action is 69
92		-	taken.” 70
93		-	(3) Subsection (f) is amended to read as follows: 71
94		-	“(f) Notwithstanding any provision of this act, the Council may adopt its own rules to 72
95		-	ensure the District’s open meetings policy, as established in section 402, is met with respect to 73
96		-	gatherings of councilmembers; provided that unless the Council adopts rules pursuant to this 74
97		-	subsection, this title shall apply to the Council.” 75
98		-	(4) A new subsection (h) is added to read as follows: 76
99		-	“(h) This act shall not apply to a meeting between members of the Council and the 77
100		-	Mayor, provided that no official action is decided at the meeting.” 78
101		-	(c) Section 406 (D.C. Official Code § 2-576) is amended as follows: 79
102		-	(1) Paragraph (1) is amended by striking the phrase "Except for emergency 80
103		-	meetings,” at the beginning of the second sentence, and inserting the phrase "attempt to” after 81
104		-	the word “shall” in the second sentence. 82
105		-	(2) Paragraph (3) is amended by striking the phrase "Notwithstanding the notice 83
106		-	requirement of paragraph (2) of this subsection, except”, and inserting the phrase “Except” in its 84
107		-	place. 85
108		-	(3) Paragraph (4) is amended by inserting the phrase "and notwithstanding 86
109		-	paragraphs (1) and (3) of this subsection,” after the word “matter,”. 87
110		-	(d) Section 407(a) (D.C. Official Code § 2-577(a)) is amended as follows: 88 ENGROSSED ORIGINAL
111		-
112		-
113		-
114		-	5
115		-
116		-	(1) Paragraph (1) is amended to read as follows: 89
117		-	“(1) Reasonable arrangements are made to accommodate the public’s right to 90
118		-	attend the meeting, or steps are taken that are reasonably calculated to allow the public to view or 91
119		-	hear the meeting while the meeting is taking place, or if doing so is not technologically feasible, 92
120		-	as soon thereafter as reasonably practicable;” 93
121		-	(2) Paragraph (3) is amended by striking the phrase "taken by roll call” and 94
122		-	inserting the word “recorded” in its place. 95
123		-	(e) Section 409(a) (D.C. Official Code § 2-579(a)) is amended by striking the phrase 96
124		-	“Council meetings.” and inserting the phrase "meetings and gatherings of councilmembers.” in 97
125		-	its place. 98
126		-	Sec. 3. Fiscal impact statement. 99
127		-	The Council adopts the fiscal impact statement in the committee report as the fiscal 100
128		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 101
129		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 102
130		-	Sec. 4. Effective date. 103
131		-	(a) This act shall take effect following approval of the Mayor (or in the event of veto by 104
132		-	the Mayor, action by the Council to override the veto), a 30- day period of congressional review 105
133		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 106
134		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)). 107
135		-	(b) This act shall expire after 225 days of its having taken effect. 108
	116	+	“(1) Reasonable arrangements are made to accommodate the public’s right to 110
	117	+	attend the meeting, or steps are taken that are reasonably calculated to allow the public to view or 111
	118	+	hear the meeting while the meeting is taking place, or if doing so is not technologically feasible, 112
	119	+	as soon thereafter as reasonably practicable;” 113
	120	+	(2) Paragraph (3) is amended by striking the phrase "taken by roll call” and 114
	121	+	inserting the word “recorded” in its place. 115
	122	+	(e) Section 409(a) (D.C. Official Code § 2-579(a)) is amended by striking the phrase 116
	123	+	“Council meetings.” and inserting the phrase "meetings and gatherings of councilmembers.” in 117
	124	+	its place. 118
	125	+	Sec. 3. Fiscal impact statement. 119
	126	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 120
	127	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 121
	128	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 122
	129	+	Sec. 4. Effective date. 123
	130	+	(a) This act shall take effect following approval of the Mayor (or in the event of veto by 124
	131	+	the Mayor, action by the Council to override the veto), a 30-day period of congressional review 125
	132	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 126
	133	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 127
	134	+	(b) This act shall expire after 225 days of its having taken effect. 128