Section 3-10403. REVIEW OF COMPLAINTS

 

10403.1In making findings and determinations under this chapter, the Director, or designee, shall consider the alleged violation; and including, but not limited to the following factors:

 

(a)   The nature, content, language or subject matter of the complaint;

 

(b) The nature, content, language or subject matter of prior or contemporaneous complaints by the person making the complaint; and

 

(c)    The nature, content, language or subject matter of other verbal and written communications to any Public Body or any official of a Public Body from the person making the complaint. 

 

10403.2Upon review of the complaint, the Director may confirm the action of the public body, and settle the complaint without issuing a written advisory opinion if after construing all allegations most favorably to the complainant, that (a) the Public Body has not violated the Open Meetings Act; or (b) the Public Body has committed a technical violation of the Open Meetings Act that constitutes a harmless error that does not infringe the complainant’s rights under the Open Meetings Act.

 

 

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).