B 26-0199 — Open Meetings Clarification Emergency Amendment Act of 2025

___________________________ENROLLED ____________________________ORIGINAL CouncilmemberANACT Kenyan___________ R.IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ___________ To amend, on an emergency basis, the Open MeetingsAct to clarify the definition of meeting, to provide for a public body’s ability to be briefed about potential terrorist or public health threats so long as no official action is taken, to exempt from the act meetings between the Council and the Mayor provided that no official action is taken at such meetings, and to provide that a meeting shall be deemed open to the public if the public body takes steps reasonably calculated to allow the public to view or hear the meeting while the meeting is taking place, or, if doing so is not technologically feasible, as soon thereafter as reasonably practicable.

McDuffie Chairman Phil Mendelson 4 ____________________________ ____________________________ CouncilmemberAnita Bonds Councilmember Christina Henderson 8 ____________________________ ____________________________ Councilmember Robert C.

White, Jr.

Councilmember Brianne K.

Nadeau ____________________________ ____________________________ Councilmember Brooke Pinto Councilmember Matthew Frumin ___________________________ _____________________________ Councilmember Janeese Lewis George Councilmember Zachary Parker ___________________________ ___________________________ Councilmember Charles Allen Councilmember Wendell Felder ABILL ____________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA _________________ To amend, on an emergency basis, the Open MeetingsAct to clarify the definition of “meeting”;

to provide for a public body’s ability to be briefed about potential terrorist or public health threats so long as no official action is taken;

to exempt from the act meetings between the Council and the Mayor provided that no official action is taken at such meetings;

and to provide that a meeting shall be deemed open to the public if the public body takes steps reasonably calculated to allow the public to view or hear the meeting while the meeting is taking place, or, if doing so is not technologically feasible, as soon thereafter as reasonably practicable.

(a)(1)(a) Section 404(1)404 (D.C.

Official Code § 2-574(1))2-574) is amended to read as follows:

“(1)(A)(1) “Meeting”Paragraph means(1) anyis gatheringamended ofto aread quorumas offollows: the members of a public body, including hearings and roundtables, whether formal or informal, regular, special, or emergency, at which the members consider, conduct, or advise on public business, including gathering information, taking testimony, discussing, deliberating, recommending, and voting, regardless whether held in person, by telephone, electronically, or by other means of communication.

“(1)(A) “Meeting” means any gathering of a quorum of the members of a public body, including hearings and roundtables, whether formal or informal, regular, special, or emergency, at which the members consider, conduct, or advise on public business, including gathering information, taking testimony, discussing, deliberating, recommending, and voting, regardless of whether held in person, by telephone, electronically, or by other means of communication.

or “(ii)Apress conference;conference.

“(iii)“(C) FieldFor trips,the sitepurposes visits,of the Council of the District of Columbia, the term “meeting” means a regular or similaradditional activitieslegislative tomeeting, gatherand information;committee meetings where votes are taken.”.

orENROLLED “(iv)AretreatORIGINAL of(2) theParagraph public(3) body where there are discussions and briefings (but no action is taken)amended aboutas policy,follows: issues or organizational matters.

“(C)(A) ForSubparagraph the(E) purposesis ofamended theby Councilstriking of the Districtphrase of“; Columbia, the term “meeting” means a regular or additional legislative meeting, and committee meetings where votes are taken.” (2) Section 404(3) is amended as follows:

(A)or” Paragraphand (E)inserting isa amendedsemicolon byin strikingits theplace. word “or” at the end of the phrase;

(B) ParagraphSubparagraph (F) is amended by striking the period at the end,end and inserting the phrase “;

“(G) theThe Criminal Justice Coordinating Council.”.

(A) Paragraph (2) is amended by striking “or” at the endphrase of“; the paragraph.

(B)Paragraphor” (3) is amended by striking the phrase “televised.” and inserting thea phrasesemicolon "televised;in its place.

(B) Paragraph (3) is amended by striking the phrase “televised.” and inserting the phrase “televised;

(C)(C)Anew Anew paragraph (4) is added to read as follows:

(2) Subsection (b)(b)(8) is amended to read as follows:

(A) Paragraph (8) is amended to read as follows:

provided, that disclosure could endanger the public or the public body;”body;”. (B) Strike the phrase “;

and”(3) inSubsection paragraph(f) (15)is andamended insertto “;”read inas itsfollows: place.

(C) Strike the period at the end of paragraph (16)(B) and insert the phrase “;

and” in its place.

88 (D)Anew paragraph (17) is added to read as follows:

“(b)(17) To be briefed about confidential negotiations, provided that no official action is taken.” (3) Subsection (f) is amended to read as follows:

providedprovided, that unless the Council adopts rules pursuant to this subsection, this title shall apply to the Council.”Council.”. (4) Anew subsection (h) is added to read as follows:

“(h)(4)Anew Thissubsection act(h) shallis notadded apply to aread meetingas betweenfollows: members of the Council and the Mayor, provided that no official action is decided at the meeting.” (c) Section 406 (D.C.

“(h) This title shall not apply to a meeting between members of the Council and the Mayor;

provided, that no official action is decided at the meeting.” (c) Section 406 (D.C.

(1) Paragraph (1) is amended by striking the phrase "Except“Except for emergency meetings,”meetings, ata thepublic beginningbody ofshall theprovide” second sentence, and inserting the phrase "attempt“Apublic to”body aftershall theattempt wordto “shall”provide” in theits secondplace. sentence.

(2) Paragraph (3) is amended by striking the phrase "Notwithstanding“Notwithstanding the notice requirement of paragraph (2) of this subsection, except”,except” and inserting the phraseword “Except” in its place.

ENROLLED ORIGINAL (3) Paragraph (4) is amended by striking the phrase “urgent matter,” and inserting the phrase "and“urgent matter, and notwithstanding paragraphs (1) and (3) of this subsection,” afterin theits wordplace. “matter,”.

“(1) Reasonable arrangements are made to accommodate the public’s right to attend the meeting,meeting or steps are taken that are reasonably calculated to allow the public to view or to hear the meeting while the meeting is taking place, oror, if doing so is not technologically feasible, as soon thereafter as reasonably practicable;”practicable;”. (2) Paragraph (3) is amended by striking the phrase "taken by roll call” and inserting the word “recorded” in its place.

(2) Paragraph (3) is amended by striking the phrase “taken by roll call” and inserting the word “recorded” in its place.