DC BEGA Meeting Minutes - May 4, 2023.pdf

The District of Columbia Board of Ethics and Government Accountability held a meeting on May 4, 2023, at 12:00 p.m. remotely via WebEx. Chairperson Norma Hutcheson and Board Members Charles Nottingham, Felice Smith, Darrin Sobin, and Melissa Tucker participated. A quorum was established, and the Board voted unanimously to adopt the agenda and approve the minutes of the April 6, 2023, meeting.

The Director of Open Government, Niquelle Allen, presented a report on the activities of the Office of Open Government. The report covered the following topics:

A. Open Meetings Act ("OMA") and Freedom of Information Act ("FOIA") Advice:

1. Advisory Opinions and Formal Legal Advice:
a. Applicability of D.C. FOIA to Washington Humane Society (d/b/a Humane Rescue Alliance ("HRA")): The Director issued advisory opinion # OOG-2023-001_AO, finding that HRA is not a District government public body or agency subject to D.C. FOIA, except for records produced or collected pursuant to its contract with the District.
b. Rental Housing Commission ("RHC") District of Columbia Freedom of Information Act Compliance: The Director issued a FOIA Advisory Opinion # OOG-2022-011-M, finding that RHC is not fully compliant with the mandatory disclosure provisions of D.C. FOIA and must make all Final Orders created on or after November 1, 2001, publicly available on its website.

2. Informal OMA/FOIA Advice:
OOG responded to 5 requests for OMA advice, 4 requests for FOIA advice, and 7 requests for technical assistance with open-dc.gov.

B. Remote Meeting Monitoring:
OOG attorneys attended 12 remote public body meetings in April 2023, providing legal advice on OMA compliance and taking corrective action when necessary.

C. Training/Outreach:
OOG staff attended several training courses, including a virtual CLE training on the District's regulation of firearms and the evolution of gun laws in the District, a SkillPath virtual training on creating and facilitating employee training, and a D.C. Bar training on crafting a user-focused legal website. OOG also conducted a D.C. FOIA training for the Executive Office of the Mayor and distributed the second issue of the OpenGovist, a quarterly newsletter on OMA and D.C. FOIA.