D.C. Mun. Regs. r. 3-10400

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 3-10400 - FILING AND PRESENTATION OF COMPLAINTS
10400.1

Any person who does not receive proper notice of any open meeting and or records of open meetings of a Public Body in accordance with the provisions of the Open Meetings Act (D.C. Law 18-350; D.C. Official Code §§ 2-571et seq.) may submit a complaint under the provisions of this chapter. If a meeting is timely published and posted as set forth in the Open Meetings Act, the Public Body has given proper notice of a meeting.

10400.2

A Complainant shall submit a complaint to the Director within sixty (60) days following the date that the Complainant knew or reasonably should have known of the alleged violation. A complaint may refer to one or more open meetings.

10400.3

The Director may accept a Prospective Complaint that alleges the future action of a Public Body appears, to a Complainant, likely to violate the Open Meetings Act.

10400.4

The Director shall take reasonable steps to reach prompt conclusions on a Prospective Complaint and to minimize future violations of the Open Meetings Act.

10400.5

Complaints may be submitted in writing or in person at the Office of Open Government, Board of Ethics and Government Accountability by mail at 441 4th Street, N.W., Suite 830 South, Washington D.C. 20001; or by electronic means at opengovoffice@dc.gov. When submitting complaints by mail, the Complainant shall write "Open Meetings Act Complaint" on the outside of the envelope. Electronic complaints shall state "Open Meetings Act Complaint" in the subject line or heading of the communication. A Complainant may access and submit a complaint form on the Office of Open Government's website, OPEN.DC.GOV.

10400.6

Complainants may be submitted anonymously. If the Complainant requests anonymity, the Director shall honor Complainant's request to remain anonymous.

10400.7

A complaint shall include the Complainant's name, and at least one of the following: mailing address, email address, or phone number.

10400.8

Complaints shall include the following details regarding the meeting complained of:

(a) The name of the Public Body;
(b) The date of the open meeting, and
(c) The specific provision(s) of the Open Meetings Act that the Complainant alleges have been violated.

If there are record(s) to substantiate the complaint, the complaint shall identify the supporting record(s) and the location of the record(s). Relevant timestamp information shall accompany audio and video records.

10400.9

The Director shall confirm receipt of a complaint within five (5) businesses days of the Director's receipt of the complaint.

D.C. Mun. Regs. r. 3-10400

Final Rulemaking published at 61 DCR 13143 (December 26, 2014); amended by Final Rulemaking published at 66 DCR 6673 (5/31/2019)