1041700 Notice of Proposed Rulemaking: Amendments to Chapter 1, Incorporating Open Meetings Amendment Act of 2010 and Other Updates

UNIVERSITY OF THE DISTRICT OF COLUMBIA

 

NOTICE OF PROPOSED RULEMAKING

 

The Board of Trustees of the University of the District of Columbia pursuant to the authority set forth under the District of Columbia Public Postsecondary Education Reorganization Act Amendments (Act) effective January 2, 1976 (D.C. Law 1-36; D.C. Official Code §§ 38-1202.01(a); 38-1202.06(3), (13)) hereby gives notice of its intent to amend chapter 1 of  subtitle B of title 8 of the District of Columbia Municipal Regulations (DCMR), in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.  The purpose of the proposed rule is to incorporate the new provisions of the D.C. Administrative Procedure Act, as modified by the Open Meetings Amendment Act of 2010 effective March 31, 2011 (D.C. Law 18-350; 58 DCR 734), to reflect new Board quorum provisions resulting from statutory changes, and to make other miscellaneous changes.  The proposed amendments will bring the University into full compliance with the Open Meetings Amendment Act and to further clarify the procedural requirements for Board meetings.

 

The Board of Trustees of the University of the District of Columbia hereby proposes to amend the applicable provisions of chapter 1 of subtitle B of title 8 of the DCMR as follows:

 

Section 100, COMPOSITION AND AUTHORITY, is amended as follows:

 

New subsections 100.9 and 100.10 are added to read as follows:

 

100.9               Pursuant to section 408 of the D.C. Administrative Procedure Act, as amended by the Open Meetings Amendment Act of 2010 effective March 31, 2011 (D.C. Law 18-350; 58 DCR 734):

 

(a)        All meetings of the Board, whether or not open to the public, shall be recorded by electronic means; provided, that if a recording is not feasible, detailed minutes of the meeting shall be kept; and

 

(b)        Copies of records shall be made available for public inspection according to the following schedule:

 

(1)        A copy of the minutes of a meeting shall be made available for public inspection as soon as practicable, but no later than three business days after the meeting; and

 

(2)        A copy of the full record, including any recording or transcript, shall be made available for public inspection as soon as practicable, but no later than seven (7) business days after the meeting.

 

100.10             The President shall ensure that a copy of the minutes of each meeting is electronically or manually delivered to each member of the Board.

 

Section 101, OFFICERS OF THE BOARD, is amended as follows:

 

Subsections101.1 is amended to read as follow:

 

101.1               In accordance with D.C. Official Code § 38-1202.01 (2001 ed.), the Board shall annually elect from among its members a Chairperson and a Vice Chairperson.  In addition, the Board shall also annually elect from among its members a Secretary and a Treasurer. The Chairperson shall be elected prior to the other officers.

 

Subsection 101.3 is amended to read as follows:

 

101.3               The annual election of officers of the Board shall be conducted at the regular meeting of the Board of Trustees held in the month of April of each year. If no regular meeting is held in April, the election shall be conducted at a special meeting of the Board held prior to May 15th. The officers elected shall take office in accordance with § 101.2 of this section.

 

Subsection 101.7 is repealed.

 

Section 104, ADMINISTRATIVE SUPPORT, is amended as follows:

 

Subsection 104.6 is repealed.

 

Section 105, MEETINGS OF THE BOARD OF TRUSTEES, is amended as follows:

Subsection 105.4 is amended to read as follows:

 

105.4               Meetings of the Board of Trustees shall be held in the District of Columbia in accordance with D.C. Official Code § 38-1204.01 and shall be called or scheduled as follows:

 

(a)        Regular Meetings.  In accordance with D.C. Official Code § 38-1204.01 the Chairperson or a majority of the members of the Trustees may convene a meeting.  Regular meetings of the Board shall be based upon a schedule established by the Chairperson or majority of the members of the Board in consultation with the President.  The Board shall conduct at least six (6) regular meetings each year. 

 

(b)        Special Meetings.  Special meetings of the Board shall be called by the Chairperson, or by a majority of the members of the Board.   In the case of a meeting called by the Chairperson or a majority of the members of the Board, the Chairperson or majority shall notify the President in writing not less than forty-eight (48) hours prior to the meeting of the time and place of the meeting.

 

(c)        Emergency Meetings.  The Chairperson may call an emergency meeting of the Board by notifying the President as promptly as possible of the nature of the emergency, and the purpose, time, and place of the meeting.

 

Subsection 105.5 is amended to read as follows:

 

105.5               Notice of Meetings.  The President shall give timely notice of all meetings of the Board to the public and to all members of the Board, and such notice shall contain the time, date and location of the meeting, and the purpose or agenda of the meeting.  If an executive session is to be held, notice shall include, if feasible, a statement of intent to conduct the executive session, including citations to the reason for closure under §105.12(c), and a description of the matters to be discussed.

 

(a)        Timely Notice.  As used in this subsection, timely notice means that notice must be transmitted with sufficient time to allow the members of the Board and the public to learn of, review, prepare and attend the meeting.  The President shall give notice of all meetings not less than five (5) business days prior to any regular meeting, three (3) business days for any special meeting or regularly scheduled committee meeting, and one (1) business day for emergency meetings.

 

(b)        Manner of Notice to Members of the Board.  Notice to the members of the Board shall be in writing, preferably by electronic mail to each member at an electronic mail address designated by the member.   For regular and special meetings of the Board and regularly-scheduled Committee meetings of the Board, the President shall include the agenda of the meeting including all supporting documentation necessary to be considered prior to taking official action. For emergency meetings, notice shall include the purpose(s) for which the meeting is being called and should be accompanied by supporting documentation when possible.

 

(c)        Manner of Notice to the Public. Notice to the public shall be made in a manner calculated to inform the University community and interested members of the public of the meeting.  Pursuant to Section 406(2) of the D.C. Administrative Procedure Act, as amended by the Open Meetings Amendment Act of 2010 effective March 31, 2011 (D.C. Law 18-350; 58 DCR 734), minimum notice shall include posting:

 

(1)        In a University building or location that is readily accessible to the public; and

 

(2)        On the University website.

 

(d)       In addition to providing notice as described in paragraph (c), notices of all meetings shall be published in the District of Columbia Register as timely as practicable.

 

Subsection 105.10 is amended to read as follows:

 

105.10             Quorum and Voting

 

(a)        A majority of the voting members serving on the Board of Trustees shall constitute a quorum in accordance with D.C. Official Code § 38-1204.01(b).  No official action may be taken at a meeting or executive session unless a quorum is physically present except as provided by § 105.10(b) of this section. All meetings of the Board of Trustees shall be held in the District of Columbia.

 

(b)        A quorum at an emergency or special meeting where notice is received less than five (5) days prior to the meeting may be established by the presence of a majority of the voting members of the Board participating in person or by telephone, video, or internet. Other than at an emergency or Executive Committee meeting, the Chair of the standing committees shall be physically present at each meeting. Notwithstanding this section Board members shall make every reasonable effort to be physically present at all Board meetings.

 

(c)        At any Board or Committee meeting at which any Trustee appears by telephone, video, or internet, the telephone, video, or internet connection must provide for clear two-way voice communications that can be heard by the Board members, and:

 

(1)        Reasonable arrangements must be made to accommodate the public’s right to attend the meeting;

 

(2)        The meeting must be recorded; and

 

(3)        All votes must be taken by roll call.

 

(d)       Other than the Chair of the Committee, members may appear at any Committee or ad hoc meeting by telephone or other electronic video or Internet medium, provided that such members can hear and be heard by the other members of the Board and the public.

 

(e)        Unless otherwise provided, any official act of the Board shall be by vote of a majority (more than half (1/2) the Board members) of the voting Board members present after the establishment of a quorum.

 

(f)        An action required by this title to be by an absolute majority of the Board shall mean an affirmative vote of a majority of the entire voting membership of the Board, regardless of meeting attendance or abstentions.

 

Subsection 105.12 is amended to read as follows:

 

105.12             Executive Session.  The Board may enter executive session as provided in paragraph (a) to discuss or take action on matters specified in paragraph (c).

 

(a)        An executive session:

 

 (1)       May be placed on the agenda of any meeting of the Board;

 

(2)        The Board shall not enter into executive session until the members meet in public session and vote in favor of entering executive session; and

 

(3)        The Chairperson shall make a statement providing the reason for entering executive session, including a citation from subsection (c) of this section, and the subjects to be discussed.  A copy of the roll call vote and the statement shall be provided in writing and made available to the public.

 

(b)        The only persons permitted to attend or listen to executive session shall be the members of the Board; however the Board may, upon motion and second, admit other persons to an executive session.  Executive session shall be recorded pursuant to §100.9; provided that pursuant to section 408 of the D.C. Administrative Procedure Act, as amended by the Open Meetings Amendment Act of 2010 effective March 31, 2011 (D.C. Law 18-350; 58 DCR 734), recordings and minutes may be withheld from public disclosure under the standards established for executive session in paragraph (c).

 

(c)         Pursuant to section 405(b) of the D.C. Administrative Procedure Act, as amended by the Open Meetings Amendment Act of 2010 effective March 31, 2011 (D.C. Law 18-350’ 58 DCR 734), the Board may enter executive session for the following reasons, or as otherwise permitted by applicable law:

 

(1)        A law or court order requires that a particular matter or proceeding not be public;

 

(2)        To discuss, establish, or instruct the public body’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 bargaining position or negotiating strategy of the public body;

 

(3)        To discuss, establish, or instruct the public body’s staff or negotiating agents concerning the position to be taken in negotiating incentives relating to the location or expansion of industries or other businesses or business activities in the District;

 

(4)        To consult with an attorney to obtain legal advice and to preserve the attorney-client privilege between an attorney and a public body, or to approve settlement agreements; provided, that, upon request, the public body may decide to waive the privilege. Nothing herein shall be construed to permit a public body to close a meeting that would otherwise be open merely because the attorney for the public body is a participant;

 

(5)        Planning, discussing, or conducting specific collective bargaining

            negotiations;

 

(6)        Preparation, administration, or grading of scholastic, licensing, or qualifying examinations;

 

(7)        To prevent premature disclosure of an honorary degree, scholarship, prize, or similar award;

 

(8)        To discuss and take action regarding specific methods and procedures to protect the public from existing or potential terrorist activity or substantial dangers to public health and safety, and to receive briefings by staff members, legal counsel, law enforcement officials, or emergency service officials concerning these methods and procedures; provided, that disclosure would endanger the public and a record of the closed session is made public if and when the public would not be endangered by that disclosure;

 

(9)        To discuss disciplinary matters;

 

(10)      To discuss the appointment, employment, assignment, promotion, performance evaluation, compensation, discipline, demotion, removal, or resignation of government appointees, employees, or officials;

 

(11)      To discuss trade secrets and commercial or financial information obtained from outside the government, to the extent that disclosure would result in substantial harm to the competitive position of the person from whom the information was obtained;

 

(12)      To train and develop members of a public body and staff;

 

(13)      To deliberate upon a decision in an adjudication action or proceeding by a public body exercising quasi-judicial functions; and

 

(14)      To plan, discuss, or hear reports concerning ongoing or planned investigations of alleged criminal or civil misconduct or violations of law or regulations, if disclosure to the public would harm the investigation.

 

(d)       At the conclusion of the executive session, or at the next meeting of the Board following the occurrence of an executive session, the Chairperson shall announce that an executive session was held, and state that all matters acted upon in executive session were proper.  If a member of the Board objects to the Chairperson’s statement, the Board shall vote to confirm the validity of the executive session.  If a majority fails to confirm the validity of the executive session, any action taken in executive session shall be deemed void.

 

Section 111, MEETINGS OF BOARD COMMITTEES, is amended as follows:

Subsection 111.7 is amended to read as follows:

 

111.7               Committees of the Board, including the Executive Committee and Committee of the Whole, may meet in executive session in accordance with the provisions of section 105.12.

 

All persons desiring to comment on the subject matter of the proposed rulemaking should file comments in writing not later than thirty (30) days after the date of publication of this notice in the D.C. Register.  Comments should be filed with the Office of General Counsel, Building 39- Room 301Q, University of the District of Columbia, 4200 Connecticut Avenue, N.W. Washington, D.C. 20008.  Comments may also be submitted by email to [e-mail].  Individuals wishing to comment by email must include the phrase “Comment to Proposed Rulemaking” in their subject line.  Copies of the proposed rules may be obtained from the Office of the General Counsel at the address set forth above.