D.C. Act 26-41. Open Meetings Clarification Emergency Amendment Act of 2025.
AN ACT
To amend, on an emergency basis, the Open Meetings Act to clarify the definition of meeting, to provide for a public body's ability to be briefed about potential terrorist or public health threats so long as no official action is taken, to exempt from the act meetings between the Council and the Mayor provided that no official action is taken at such meetings, and to provide that a meeting shall be deemed open to the public if the public body takes steps reasonably calculated to allow the public to view or hear the meeting while the meeting is taking place, or, if doing so is not technologically feasible, as soon thereafter as reasonably practicable.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Open Meetings Clarification Emergency Amendment Act of 2025".
Sec. 2. The Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571 et seq.), is amended as follows:
(a) Section 404 (D.C. Official Code § 2-574) is amended as follows:
(1) Paragraph (1) is amended to read as follows:
"(1)(A) "Meeting" means any gathering of a quorum of the members of a public body, including hearings and roundtables, whether formal or informal, regular, special, or emergency, at which the members consider, conduct, or advise on public business, including gathering information, taking testimony, discussing, deliberating, recommending, and voting, regardless of whether held in person, by telephone, electronically, or by other means of communication.
"(B) The term "meeting" shall not include:
"(i) A chance or social gathering; provided, that it is not held to avoid the provisions of this paragraph; or
"(ii) A press conference.
"(C) For the purposes of the Council of the District of Columbia, the term "meeting" means a regular or additional legislative meeting, and committee meetings where votes are taken.".
(2) Paragraph (3) is amended as follows:
(A) Subparagraph (E) is amended by striking the phrase "; or" and inserting a semicolon in its place.
(B) Subparagraph (F) is amended by striking the period at the end and inserting the phrase "; or" in its place.
(C) A new subparagraph (G) is added to read as follows:
"(G) The Criminal Justice Coordinating Council.".
(b) Section 405 (D.C. Official Code § 2-575) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (2) is amended by striking the phrase "; or" and inserting a semicolon in its place.
(B) Paragraph (3) is amended by striking the phrase "televised." and inserting the phrase "televised; or" in its place.
(C) A new paragraph (4) is added to read as follows:
"(4) The public body takes steps reasonably calculated to allow the public to view or hear the meeting while the meeting is taking place, or, if doing so is not technologically feasible, as soon thereafter as reasonably practicable.".
(2) Subsection (b)(8) is amended to read as follows:
"(8) To discuss and take action regarding specific methods and procedures to protect the public or a public body from existing or potential terrorist activity or other substantial dangers to public health and safety, or to receive briefings by staff members, legal counsel, law enforcement officials, or emergency service officials concerning these methods and procedures; provided, that disclosure could endanger the public or the public body;".
(3) Subsection (f) is amended to read as follows:
"(f) Notwithstanding any provision of
(4) A new subsection (h) is added to read as follows:
"(h) This title shall not apply to a meeting between members of the Council and the Mayor; provided, that no official action is decided at the meeting."
(c) Section 406 (D.C. Official Code § 2-576) is amended as follows:
(1) Paragraph (1) is amended by striking the phrase "Except for emergency meetings, a public body shall provide" and inserting the phrase "A public body shall attempt to provide" in its place.
(2) Paragraph (3) is amended by striking the phrase "Notwithstanding the notice requirement of paragraph (2) of this subsection, except" and inserting the word "Except" in its place.
(3) Paragraph (4) is amended by striking the phrase "urgent matter," and inserting the phrase "urgent matter, and notwithstanding paragraphs (1) and (3) of this subsection," in its place.
(d) Section 407(a) (D.C. Official Code § 2-577(a)) is amended as follows:
(1) Paragraph (1) is amended to read as follows:
"(1) Reasonable arrangements are made to accommodate the public's right to attend the meeting or steps are taken that are reasonably calculated to allow the public to view or to hear the meeting while the meeting is taking place, or, if doing so is not technologically feasible, as soon thereafter as reasonably practicable;".
(2) Paragraph (3) is amended by striking the phrase "taken by roll call" and inserting the word "recorded" in its place.
(e) Section 409(a) (D.C. Official Code § 2-579(a)) is amended by striking the phrase "Council meetings" and inserting the phrase "meetings and gatherings of councilmembers" in its place.
Sec. 3. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 4. Effective date.
This act shall take effect following approval of the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).
