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