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Issue No. 8
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Director of Open Government’s Message
I am pleased to present the first “OpenGovist” Newsletter of 2025. First, I would like to express my appreciation to the dedicated OOG team, the hardworking FOIA professionals and administrative points of contact for their commitment to the ideals of open government. Together, we shall continue establishing a more transparent and accessible government, for the benefit of the public.
January 20, 2025, is the beginning of the Trump-Vance Administration. We hope this new administration will continue the federal government’s commitment to transparency by continuing the newly established U.S. Open Government Secretariat. The federal government should continue to make transparency, public participation, and community engagement a priority. OOG will continue to work with our federal counterparts to promote and ensure open governance.
In this issue, we are providing updates on the OMA, D.C. FOIA, OOG’s activities, and other related matters. We value your feedback, so please let us know how OOG may enhance its efforts to ensure D.C. Government’s meetings and records are available to the public.
In Service,
Niquelle M. Allen, Esq.
Director of Open Government
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Amy Phillips v. District of Columbia (Case No. 1:22-cv-00277-JEB (D.D.C.).)
In a “Section 1983” (constitutional) lawsuit, lawyer Amy Phillips alleged that the Metropolitan Police Department used an internal “watchlist” to target certain D.C. FOIA requesters. On May 17, 2023, Ms. Phillips moved to amend her complaint to add a claim under D.C. FOIA—this was a rare case of a party bringing a D.C. FOIA claim in federal court—by relying on supplemental jurisdiction to include local/state claims that arise out of the same case or controversy as the federal claim(s).
In an August 12, 2024, Memorandum Opinion, U.S. District Judge James E. Boasberg found that Phillips has shown “enough evidence for a reasonable jury to find that the Chiefs’ subordinates instantiated a custom of burdening FOIA requests coming from MPD critics and that the Chiefs were aware or at least should have been aware of this practice.” The case was referred to Magistrate Judge Moxila A. Upadhyaya for mediation. Mediation proceedings are ongoing.
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The end (and beginning) of the year always seem to throw a bit of disruption into calendars. When public bodies find that meetings need to be cancelled, and/or rescheduled, there are a few points that need to be understood.
First, cancelling a meeting is the same as scheduling one—it’s a “change of schedule.” Therefore, the process for cancelling is the same as scheduling. A notice of cancellation must be submitted to the D.C. Register, even if it will appear after the date of the original meeting. (per D.C. Official Code § 2-576(3))
The notice of cancellation must be posted, at least 48 hours or 2 business days (per D.C. Official Code § 2-576(1)), or be updated on either (or both) the public body’s website or the District’s Central Meeting Calendar:
https://www.open-dc.gov/public-bodies/meetings
(per D.C. Official Code § 2-576(2)(B)). Adding “CANCELLED” to an existing meeting notice is sufficient.
The cancellation should be placed physically in the same place and manner (usually at the office of the public body or its supporting agency) as a regular notice of a meeting (per D.C. Official Code § 2-576(2)(A), which is back in effect after the end of the public health emergency).
Finally, if the meeting is being rescheduled, noticing the meeting’s new date and time in the normal manner must be done according to the requirements of the OMA. As always, please feel free to reach out with any questions…
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SUNSHINE MOMENT
 The Board for the Condemnation of Insanitary Buildings
The Board for Condemnation of Insanitary Buildings (BCIS) is charged with inspecting and examining the conditions of all buildings in the District to determine which buildings are an endangerment to its occupants as well as people in the vicinity. The Board serves owners with Notices to Show Cause within 10 days to explain why their building ought not be condemned. They conduct hearings and also issue Orders of Condemnation to owners to correct insanitary conditions within 30 days. They have the authority to assess corrective cost as special taxes on properties with insanitary conditions. The Board consists of six full-time DC employees that are appointed by the Mayor to prioritize building safety and ensure building sanitation. The Board members meet on the 4th Wednesday of each month virtually. Visit the BCIS website to learn more information.
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 Pursuant to Resolution Numbers R25-0689 and R25-0690, respectively, effective October 29, 2024, Board of Ethics and Government Accountability Members Darrin P. Sobin and Felice C. Smith were reappointed to serve on the Board for terms of three (3) years. They were sworn in on December 5, 2024 at the BEGA Board Meeting.
At the December 5, 2024, meeting the Board changed the official start time for upcoming BEGA Board meetings to 10:00 a.m. on the first Thursday of each month, pending any changes to the date, which would be properly noticed on BEGA’s website, Central Meeting Calendar, physically at the BEGA office, and in the District of Columbia Register.
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Happy New Year! OOG Is Looking Forward to Providing First and Ongoing Training on the Open Meetings Act (OMA) for Members of Public Bodies and Agency Support Staff. The Trainings will occur on the Third Thursday of the Month at 2:00PM.
 Until recently, most OMA training for public body members has been done in sessions with a public body and as many of its members as could attend. However, we offer an alternative for those who are unable to attend a live session.
The D.C. Government Training Portal, where we already provide free Robert’s Rules of Order training, also has asynchronous OMA training and the ability to document the training with completion certification.
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The portal is located here (https://robertsrulesmadesimple.com), and, if you’re not already registered, you can request account access by scanning this QR code:
Its fast, easy, and gives you access to both the parliamentary procedure and OMA content. And once you have completed training, you can simply forward your certificate of completion to your public body’s support staff. Please feel to reach out to us at opengovoffice@dc.gov if you have any questions.
The Office of Open Government, in Partnership with the Office of the Chief Technology Officer (OCTO), hosts The FOIA Portal Public Comment Session, on Wednesday, February 12, 2025, from 4:00 p.m. to 5:00 p.m. On the Agenda will be Opening Remarks from the Director of Open Government and OCTO, a FOIA Portal Demo, Public Comments, and a Question and Answer Session.
The meeting can be joined at https://s.dc.gov/FOIAdemo, or by phone at +1-202-860-2110 United States Toll (Washington D.C.) – 1-650-479-3208 Call-in number (US/Canada) [Access code: 2318 569 2791]. We look forward to your attendance and feedback!
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