D.C. Mun. Regs. r. 3-10407
The Director may issue an Advisory Opinion on compliance with the Open Meetings Act on the Director's own initiative or at the request of a Public Official or employee, pursuant to D.C. Official Code §§ 2-579(g) and 1-1162.05(c)(1).
A request for an Advisory Opinion by a Public Official or employee may be submitted in writing to 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 mail to opengovoffice@dc.gov. Requests for Advisory Opinions submitted by mail shall include the phrase "Advisory Opinion Request" on the outside envelope. Electronic mail requests shall state "Advisory Opinion Request" in the subject line or heading of the communication.
The Director may publish an Advisory Opinion upon approval of the requesting Public Official or employee. When publishing an advisory opinion, the Director shall make appropriate redactions to ensure confidentiality.
The Director shall review requests from Public Officials or employees and provide notice of the Director's intent to issue an Advisory Opinion to the requester within ten (10) business days of receiving the request. Once the Director provides notice of the intent to issue an Advisory Opinion, the Director shall issue the Advisory Opinion within thirty (30) days.
A Public Official requester, employee requester, or any person aggrieved by an Advisory Opinion issued by the Director on his or her own initiative may appeal the Advisory Opinion to the Board for its consideration.
The Board shall receive the request to appeal the opinion for consideration within ten (10) business days of the Director's issuance of an Advisory Opinion. The Advisory Opinion is final and not appealable after ten (10) business days.
An appeal of an Advisory Opinion to the Board for consideration shall be in writing, signed by the party making the appeal, and shall include:
A request to appeal an Advisory Opinion to the Board for consideration shall be submitted in writing to the Board of Ethics and Government Accountability. The request for reconsideration may be sent by U.S. mail to 441 4th Street, N.W., Suite 830 South, Washington D.C. 20001 or by electronic mail to bega@dc.gov. Requests for reconsideration by the Board submitted by mail shall include the phrase "OMA Advisory Opinion Appeal" on the outside envelope. Electronic mail requests for reconsideration by the Board shall state "OMA Advisory Opinion Appeal" in the subject line or heading of the communication. The requester shall send a copy of the request for reconsideration of an Advisory Opinion by the Board to the Director at the same time it is sent to the Board.
If the Director elects to file a response to a request to appeal an Advisory Opinion to the Board for consideration, the Director shall file the response to the Board within ten (10) business days of the Director's receipt of a copy of the appeal.
The Director may request an extension of time to file the response required by Subsection 1047.9, by sending a written request for extension of time to respond to the Board with a copy to the Public Official, employee, or party aggrieved by an Advisory Opinion that the Director has issued on his or her own initiative. The request for extension of time shall state the length of the extension and the reasons for the extension. The Board shall receive the request for extension of time within seven (7) business days of the Board's receipt of a request for reconsideration of an Advisory Opinion. The Board (or its designee) shall respond to the Director's request for an extension of time within seven (7) business days and provide a copy of the response to the Public Body member, employee, or aggrieved party.
The Board shall issue a written decision on the appeal as soon as practicable. The Advisory Opinion is binding unless and until the Board disapproves of it in writing. If the Board does not issue a written decision on the appeal within six months of the Board's receipt of the request for reconsideration of an Advisory Opinion, the Advisory Opinion is deemed approved. The Board's decision is final and not subject to further appeal.
D.C. Mun. Regs. r. 3-10407