229422 Notice of Final Rulemaking, 3 D.C.M.R. Chapter 1, "Organization of the Board of Elections and Ethics"

DISTRICT OF COLUMBIA

BOARD OF ELECTIONS AND ETHICS

 

NOTICE OF FINAL RULEMAKING

 

            The District of Columbia Board of Elections and Ethics pursuant to the authority set forth in D.C. Code § 1-1001.05(a)(14) hereby gives notice of final rulemaking action to adopt the following amendments to 3 DCMR Chapter 1, “Organization of the Board of Elections and Ethics.”  The Board took final rulemaking action with respect to these amendments at a regular meeting on Wednesday, April 7, 2010.

 

            These amendments represent changes to the Board’s regulations as a result of the “Omnibus Election Reform Amendment Act of 2009,” effective February 4, 2010 (D.C. Act 18-238, 56 D.C. Reg. 9169 (Dec. 4, 2009)).  These amendments: (1) clarify the Board’s regular meeting schedule and its ability to reschedule meetings, take administrative action, and call special meetings; (2) establish requirements for posting of meeting minutes and transcripts on the Board’s website; (3) clarify the degree of public notice required for Board meetings; and (4) clarify the matters which the Board may discuss in executive session.

 

            A Notice of Proposed Rulemaking with respect to these amendments was published in the D.C. Register on February 12, 2010 at 57 D.C. Reg. 1312.  Comments on these proposed rules were received and considered prior to finalizing the regulations.  No changes have been made to the substance of the proposed regulations.  These final rules will be effective upon publication of this notice in the D.C. Register.

 

Section 102 of Chapter 1 of 3 DCMR, “Organization of the Board of Elections and Ethics,” shall be amended to read as follows:

 

“102       ORGANIZATION OF THE BOARD OF ELECTIONS AND ETHICS

 

         102.1             Except as provided otherwise by statute, a quorum of the Board shall consist of no less than two (2) members of the Board and shall be necessary to conduct official Board business.

 

         102.2      At the beginning of each calendar year, a preliminary schedule of regular meetings for the year, which the Board has discretion to change, will be published in the D.C. Register.

 

102.3    The Board may hold a pre-meeting immediately prior to commencing a regular meeting for the sole purpose of administrative action, which does not include the deliberation or taking of official action.

 

102.4    Regularly scheduled Board meetings shall be held on the first Wednesday of each month, or at least once each month, at a time to be determined by the Board.  Additional meetings may be called as needed by the Board.

 

102.5    Notice of all regular and additional meetings of the Board will be published on the Board's web site at least forty-eight (48) hours in advance, except in the case of emergency.

 

102.6    The Board may exercise its discretion and reschedule a regular meeting or call special meetings when necessary with reasonable notice to the public.

 

102.7    The Board encourages comments on any issue under the jurisdiction of the Board at its regular meetings and will provide the public with a reasonable opportunity to appear before the Board and offer such comments.

 

102.8    To ensure the orderly conduct of public Board meetings, public comments may be limited with respect to the number of speakers permitted and the amount of time allotted to each speaker; however, the Board will not discriminate against any speaker on the basis of his or her position on a particular matter.

 

102.9    Any member of the public who intends to comment regarding any agenda item or any issue under the jurisdiction of the Board is encouraged to notify the Board in advance of his or her intent to do so, providing his or her name and the topic on which he or she wishes to speak. Such notification may be provided by e-mail to [e-mail], by fax to [phone], by telephone at [phone], or by mail or in person at the Board’s office. No person shall be prevented from speaking at a Board meeting simply because he or she has not provided advance notice of his or her intent to do so.

 

102.10  Members of the public who wish to submit items for consideration by the Board shall do so in writing one (1) week in advance. Failure to submit an item in advance as required may, within the Board’s discretion, result in the matter being continued until the next regularly scheduled meeting.

 

102.11  The Chairperson shall conduct the meetings of the Board. In the absence of the Chairperson, the senior member of the Board shall conduct the meeting.

 

102.12  Each meeting shall begin with the adoption of the agenda, followed by the adoption of any outstanding minutes of previously conducted Board meetings.

 

102.13  The Executive Director, General Counsel, and Director of Campaign Finance shall each present a report of the activities of their respective units and such other reports as may be requested by the Board.

 

102.14  Each Board member may properly make any and all motions.

 

102.15  All meetings of the Board, with the exception of meetings for the purpose of taking administrative action and executive sessions (as that term is defined in section 103 of this chapter), shall be open to the public.

 

102.16  The proposed agenda for each Board meeting shall be posted and made available for public inspection in the Board’s office and on its website at least twenty-four (24) hours prior to a meeting.

 

102.17  Copies of the agenda shall be available to the public at the meeting.

 

102.18  Nothing in this section shall preclude the Board from amending the agenda at the meeting.

 

102.19   The Board shall keep the minutes of each meeting of the Board, except executive sessions and meetings for the purpose of taking administrative action, and shall make the minutes available for public inspection.  The Board shall post the minutes on the Board’s website prior to the next regular meeting.

 

102.20    The Board shall make transcripts of its public meetings and post unofficial transcripts on its website when they become available.

 

102.21  Meetings shall be held at the time and place the Board or the Chairman designates.

 

102.22  Meetings may be adjourned from time-to-time.

 

102.23  If the time and place of resumption is publicly announced when the adjournment is ordered, no further notice shall be required.

 

102.24  Any individual who is deemed by the Board Chairman to be disruptive to the meeting may be removed therefrom.”

 

Section 103 of Chapter 1 of 3 DCMR, “Executive Sessions,” shall be amended to read as follows:

 

  “103   EXECUTIVE SESSIONS

 

103.1    For the purposes of this chapter, the term "executive session" means a Board meeting where the public, employees of the Board, or any other persons may be excluded.

 

103.2    The Board may enter into executive session, and discuss any matter upon which it will not vote, make resolutions or rulings, or take action of any kind, including the following:

 

(a)           Personnel matters, including the recruitment, appointment, employment, assignment, promotion, discipline, compensation, removal, or resignation of employees, or other individuals over whom it has jurisdiction;

 

(b)         Employee disciplinary actions;

 

(c)          General Counsel briefings on litigation strategy;

 

(d)         Confidential proceedings under the Campaign Finance Act;

 

(e)                Quasi-judicial deliberations;

(f)                Matters which would result in the disclosure of information specifically exempted from disclosure by statute;

(g)               Matters which would result in the disclosure of trade secrets and commercial or financial information;

(h)               Matters which would involve a clear and unwarranted invasion of privacy, an accusation of a crime, or formal censure; and

(i)                 Matters which would result in the disclosure investigatory records compiled for law enforcement purposes.”