6212091 Elections, D.C. Board of - Notice of Final Rulemaking - Action toAdopt Amendments to Title 3: Chapter 1 "Organization of the Board of Elections" and Chapter 4 "Hearings"
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DISTRICT OF COLUMBIA BOARD OF ELECTIONS
NOTICE OF FINAL RULEMAKING
The District of Columbia Board of Elections, pursuant to the authority set forth in the District of Columbia Election Code of 1955, approved August 12, 1955, as amended (69 Stat. 699; D.C. Official Code § 1-1001.05(a)(14) (2014 Repl.)), hereby gives notice of the adoption of amendments to Chapters 1 (Organization of the Board of Elections) and 4 (Hearings) of Title 3 (Elections and Ethics) of the District of Columbia Municipal Regulations (DCMR).
The amendments to Chapter 1 and 4 affirm the Board’s ability to conduct meetings by telephone, video conference, or any device that allows all board members to be able to hear each other.
A Notice of Proposed Rulemaking was published in the D.C. Register on August 12, 2016 at 63 DCR 010476. No comments on the proposed rules were received during the public comment period, and no substantive changes have been made to the regulations as proposed.
The rules were adopted as final at a Special Board meeting on Wednesday, September 14, 2016, and they will become effective upon publication of this notice in the D.C. Register.
Chapter 1, ORGANIZATION OF THE BOARD OF ELECTIONS, of Title 3 DCMR, ELECTIONS AND ETHICS, is amended as follows:
Section 102, ORGANIZATION OF THE BOARD OF ELECTIONS, is amended in its entirety to read as follows:
102 ORGANIZATION OF THE BOARD OF ELECTIONS
102.01 Board members are charged with providing ultimate oversight over the activities and affairs of the agency. Members should make every effort to ensure their participation in all Board activities.
102.02 Board attendance is directly correlated to Board participation and thereby to the success of the agency and its mission. Such participation is necessary for Board Members to fulfill their fiduciary obligation to the electors of the District of Columbia. All Board Members are expected to be physically present, at all scheduled meetings unless some other form of attendance has been approved by the Chair.
102.03 Except as provided otherwise by statute, a quorum of the Board shall consist of no fewer than two (2) members of the Board and shall be necessary to conduct official Board business. Board members may be present by any means, be it in person, telephonic, video or other wherein all Board members may hear and be heard by each other.
102.04 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.
102.05 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.
102.06 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.
102.07 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.
102.08 The Board may exercise its discretion and reschedule a regular meeting or call special meetings when necessary with reasonable notice to the public.
102.09 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.
102.10 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.
102.11 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 ogc@dcboee.org, by fax to (202) 741-8774, by telephone at (202) 727-2194, by mail to 441 4th Street, N.W., Suite 270 North, Washington, D.C. 20001, 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.
102.12 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.
Section 406, MEETINGS AND HEARINGS, of Chapter 4, HEARINGS, is amended in its entirety to read as follows:
406 MEETINGS AND HEARINGS
406.1 The meetings and hearings of the Board shall be open to the public, with the exception of executive sessions, as that term is defined and explained in Section 103 in Chapter 1 of this title.
406.2 The proposed agenda for each Board meeting and the minutes from the previous regular Board meeting shall be posted in the office of the Board and on its website at least twenty-four (24) hours prior to a regular Board meeting.
406.3 Copies of the agenda and the minutes from the previous regular Board meeting shall be available to the public at the meeting or hearing.
406.4 Nothing in this section shall preclude the Board from amending the agenda at the meeting or hearing.
406.5 A meeting of the Board shall be held once each month in accordance with a schedule to be established by the Board, and additional meetings may be called as needed by the Board.
406.6 Hearings shall be scheduled as needed for the purpose of receiving evidence and testimony on specific complaints or petitions.
406.7 Meetings and hearings shall be held at the time and place the Board or the Chairperson designates.
406.8 Meetings and hearings may be adjourned from time-to-time.
406.9 If the time and place of resumption is publicly announced when the adjournment is ordered, no further notice shall be required.
406.10 A majority of the Board shall constitute a quorum. However, the Board is authorized to utilize the use of one-member panels pursuant to D.C. Official Code § 1-1001.05(g) (2006 Repl.).
406.11 A member absent at the decision meeting may cast an absentee vote only if the member attended all of the hearings on the complaint or petition.
406.12 A member attending the decision meeting and having read the transcript and reviewed the complete record may vote even though that member may not have attended any or all of the prior meetings or hearings on the complaint or petition.
406.13 At the discretion of the Chairperson, any member may participate in a meeting of the Board by means of a video conference, telephone conference or by any means of communication by which all persons participating in the meeting are able to hear one another, and such participation shall constitute presence in person at the meeting.
406.14 At least one member shall be physically present at any hearing.
All persons desiring to comment on the subject matter of this proposed rulemaking should file written comments by no 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 the General Counsel, Board of Elections, 441 4th Street, N.W., Suite 270N, Washington, D.C. 20001. Please direct any questions or concerns to the Office of the General Counsel at 202-727-2194 or ogc@dcboee.org. Copies of the proposed rules may be obtained at cost from the above address, Monday through Friday, between the hours of 9:00 a.m. and 4:00 p.m.
