Section 3-10400. FILING AND PRESENTATION OF COMPLAINTS  


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    10400.1Any person who does not receive proper notice of any meeting and or records of meetings of a public body in accordance with the provisions of the Open Meetings Act (D.C. Law 18-350; D.C. Official Code §§ 2-571 et seq. (2014)), may submit a complaint under the provisions of this Chapter.  A public body shall be presumed to have given proper notice of any meeting, if a meeting is timely published and posted at set forth  in the Open Meeting Act (D.C. Law 18-350; D.C. Official Code §§ 2-571 et seq. (2012 Repl. & 2014 Supp.)).

     

    10400.2A complaint shall be submitted by the complainant to the Director within sixty (60) days following the date that the complainant knew or reasonably should have known of the alleged violation. 

     

    10400.3A complaint that a Public Body has violated the Open Meetings Act in a past meeting (or, in a Prospective Complaint, may do so at a future meeting) may be submitted to the Director.  A complaint may refer to one or more meetings.

     

    10400.4Complaints may be submitted in writing or in person at the Office of Open Government, Board of Ethics and Government Accountability at 441 4th Street, NW, Suite 830 South; by U.S. Postal; or by electronic means.  Complaints submitted by mail should be marked on the outside envelope “Open Meetings Complaint.” Complaints may be submitted by email at opengovoffice@dc.gov, and should state “Open Meetings Complaint” in the subject line or heading of the communication.  A complaint form may be accessed and submitted on the Office of Open Government Website at: OPEN-DC.gov. The submission of complaints via the Office of Open Government Website is encouraged so that information is complete, but is not required.

     

    10400.5Complaints should include the complainant’s name, and at least one of the following: mailing address, email address, or phone number.

     

    10400.6Complaints should include details of the meeting complained of, including the Public Body, the date, and to the extent possible the specific provision(s) of the Open Meetings Act alleged to have been violated.  If record(s) could substantiate the complaint, the complaint should identify the supporting record(s); including the location of the record(s).  Audio and video records should be accompanied by relevant timestamp information.

     

    10400.7 The Director will confirm receipt of a complaint within five (5) businesses days upon receipt of the complaint.

     

     

authority

Section 503(a)(4) of the District of Columbia Administrative Procedure Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-593 (2012 Repl.)).

source

Final Rulemaking published at 61 DCR 13143 (December 26, 2014).