D.C. Mun. Regs. tit. 7, r. 7-1507

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 7-1507 - EXECUTIVE SESSION

1507.1

Any Board meeting, or portion of a meeting, may be closed to the public as permitted by the Retirement Reform and Replacement Plan Acts and the OMA upon a majority vote of the Board.

1507.2

The Board may close a meeting, or any portion of a meeting, for the following reasons:

(a) A law or court order requires that a particular matter or proceeding not be public (D.C. Official Code § 2-575(b)(1)) :

(1) Deliberations, tentative or final decisions on investments or other financial matter that would jeopardize the Board's ability to implement an investment decision or to achieve investment objectives (D.C. Official Code §§ 1-909.05(e) and (f));

(2) Personnel matters (D.C. Official Code §§ 1-736(c) and 1-909.05(e); see also D.C. Official Code §§ 2-575(b)(9) and (10) below); and

(3) Individual Plan participant benefit information (D.C. Official Code §§ 1-736(b) and 1-909.05(d));

(b) To discuss, establish, or instruct the Board's staff or negotiating agents concerning the position to be taken in negotiating the price and other material terms of a contract, including an employment contract, if an open meeting would adversely affect the Board's bargaining position or negotiating strategy (D.C. Official Code § 2-575(b)(2) );

(c) To consult with an attorney to obtain legal advice and preserve the attorney-client privilege, or to approve settlement agreements (mere participation of the Board's general counsel at a Board meeting does not warrant closure) (D.C. Official Code § 2-575(b)(4) );

(d) To discuss disciplinary matters (D.C. Official Code § 2-575(b)(9) );

(e) To discuss the appointment, employment, assignment, promotion, performance evaluation, compensation, discipline, demotion, removal, or resignation of Board members or staff (D.C. Official Code § 2-575(b)(10) );

(f) To discuss trade secrets and commercial or financial information obtained from outside the government to the extent disclosure would result in substantial harm to the outside party's competitive position (D.C. Official Code § 2-575(b)(11) );

(g) To train and develop members of the Board and staff (D.C. Official Code § 2-575(b)(12) );

(h) To discuss investigations of alleged criminal or civil misconduct or violations of law or regulations if disclosure would harm the investigation (D.C. Official Code § 2-575(b)(14) ).

1507.3

All materials and records of a closed meeting or executive session shall not be subject to disclosure under the OMA.

D.C. Mun. Regs. tit. 7, r. 7-1507

Final Rulemaking published at 63 DCR 6146 (4/22/2016)