D.C. Mun. Regs. r. 3-102
Board members are charged with providing ultimate oversight over the activities and affairs of the agency. Members should make every effort to ensure their participation in all Board activities.
Board attendance is directly correlated to Board participation and thereby to the success of the agency and its mission. All Board members are expected to be physically present at all scheduled meetings unless some other form of attendance has been approved by the Chair.
Except as provided otherwise by statute, a quorum of the Board shall consist of no fewer than two (2) members of the Board and shall be necessary to conduct official Board business. At the discretion of the Chairperson, any member may participate in a meeting of the Board by means of a video conference, telephone conference, or by any means of communication by which all persons participating in the meeting are able to hear one another, and such participation shall constitute presence in person at the meeting.
At the beginning of each calendar year, a preliminary schedule of regular meetings for the year, which the Board has discretion to change, shall be published in the District of Columbia Register. The publication of this schedule shall serve as proper legal notice of all of the Board's regular meetings. Regularly scheduled Board meetings shall be held on the first Wednesday of each month at a time and place or manner to be determined by the Board and may be rescheduled as necessary. Additional meetings may be called as needed by the Board. Notice of additional meetings or notice of changes to regularly scheduled meetings shall be published on the Board's website as early as possible, but not less than forty-eight (48) hours or two business days in advance, whichever is greater, except in the case of emergency.
In addition to the publication of the preliminary schedule of regular meetings for the year in the District of Columbia Register, the Board shall provide notice of each regular meeting, which shall include the planned agenda for such meeting, on its website as early as possible, but not less than forty-eight (48) hours or two business days in advance of such meeting, whichever is greater. Copies of the agenda shall be available to the public at the meeting. Nothing in this section shall preclude the Board from amending the agenda at the meeting.
The meetings of the Board shall be open to the public, with the exception of executive sessions entered into pursuant to D.C. Official Code §§ 2-575(b).
Meeting minutes are a matter of public record and shall include the vote of each member on each action. A preliminary, pre-approval draft copy of the minutes from each Board meeting shall be posted on the Board's website within three (3) business days after the meeting. A final version of the minutes from each Board meeting shall be posted on the Board's website no later than the next regular meeting of the Board. Electronic and hard copies of the final version of the minutes shall be made available upon request to the Office of the General Counsel.
Meeting transcripts shall be recorded stenographically under the supervision of the Office of General Counsel, or by other means, by an official reporter who may be designated from time-to-time by the Board. Transcripts shall be open for inspection in the Office of the General Counsel and on the Board's website. Paper copies of the official transcript shall be available upon payment to the Board of the charges fixed for copies otherwise provided through information requests except that the Office of General Counsel may waive the fee for parties appearing at a meeting in a contested matter.
All attendees at Board meetings, including Board members and election officials, shall refrain from engaging in any conduct that is unsafe or disruptive to the orderly conduct of a meeting. The presiding Board member at a meeting or his or her designee may take appropriate remedial action consistent with the Open Meetings Act and other pertinent rules and regulations to ensure the orderly conduct of a meeting, including but not limited to removing from the meeting any individual who is acting in a manner that is unsafe or disruptive to the orderly conduct of the meeting. Any individual removed from a meeting shall not be readmitted unless permission is granted upon motion adopted by a majority vote of the Board.
If counsel to a party in a contested case hearing is removed from a meeting pursuant to this Chapter, the Board may either proceed with the hearing if consistent with the due process rights of the party or parties or adjourn the hearing to give the party or parties represented by such counsel a reasonable opportunity to secure new representation expeditiously.
Members of the public who are attending in-person meetings shall only be permitted to access the Board's meeting room and may not loiter or move unescorted through the Board's offices. Attendees who arrive early may wait in the building's lobby or the Board's main reception area until the meeting commences. Attendees must vacate the Board's offices promptly after the meeting has adjourned. If an attendee has additional business at the Board, they must exit the meeting room and re-enter the Board's offices through the main entrance.
Attendees at virtual meetings must stay muted when not speaking and are responsible for unmuting themselves upon being recognized to comment by the presiding Board member. Attendees at virtual meetings may only use the chat function for official business.
The Board encourages comments on any issue under the jurisdiction of the Board. The Board shall permit the submission of written comments either in advance or within a time set after the regular meeting. The Board may also, in its discretion, provide the public with a reasonable opportunity to offer such comments at its regular meetings. Any public comment period offered shall be the only opportunity at a meeting for a member of the public to provide comment unless they are participating in a hearing or other agendized proceeding being held before the Board (for e.g., as parties, counsel, witnesses, etc.) or are expressly permitted by the Board to provide comment outside of the public comment period.
For meetings that include a public comment period, the following rules shall apply to such period:
Any member of the public who intends to comment regarding any agenda item or any issue under the jurisdiction of the Board is encouraged to notify the Board in advance of his or her intent to do so, providing his or her name and the topic on which he or she wishes to speak. Such notification may be provided to the Office of the General Counsel. No person shall be prevented from speaking at a Board meeting simply because he or she has not provided advance notice of his or her intent to do so.
Members of the public who wish to submit items for consideration by the Board shall do so in writing one (1) week in advance. Failure to submit an item in advance as required may, within the Board's discretion, result in the matter being continued until the next regularly scheduled meeting.
Meetings may be adjourned from time-to-time. If the time and place of resumption is publicly announced when the adjournment is ordered, no further notice shall be required.
Any remedy for an allegedly improperly closed meeting or a defect in notice shall be limited to that provided in D.C. Official Code §§ 2-579.
D.C. Mun. Regs. r. 3-102