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Issue No. 9
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Director of Open Government’s Message
In an era where trust in government is at a premium, transparency is more important than ever. Here in the District of Columbia, the foundational principles of open government are under increasing threat. From efforts to weaken the Open Meetings Act to troubling restrictions on access to public records under the Freedom of Information Act, we are witnessing a disturbing trend: the rollback of government transparency. These are not just bureaucratic tweaks - in some instances they are outright attacks on the public’s right to know. The Office of Open Government (OOG) continues to be zealous advocates for government transparency. The public’s right to be informed about government affairs and the government’s accountability to them must be protected. OOG works every day to make sure this happens. We also appreciate your work to do the same. In this issue, we provide the details of how open meetings and government access laws are operating to provide greater access to government.
The Opengovist strives to inform, engage, and empower our readers to also be zealous advocates for an open and transparent government. This issue highlights the recent legislative activity concerning open meetings, provides updates on FOIA litigation, and spotlights our boards and commissions. We hope you enjoy the latest issue.
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.).)
Lawyer Amy Phillips alleged under 42 U.S. Code § 1983 (civil action for deprivation of rights) that the Metropolitan Police Department (MPD) 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 a federal claim(s).
In an August 12, 2024, Memorandum Opinion, U.S. District Judge James E. Boasberg found that Phillips had 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. The parties reached a settlement agreement, and on March 7, 2025, per the parties’ stipulation, the court ordered the case to be dismissed with prejudice, with each party to bear its own costs.
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Mayor Bowser and Attorney General Schwalb have submitted their FY2024 Freedom of Information reports to the D.C. Council. The full reports are available using these links:
Mayor’s Report:
Attorney General’s Report:
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According to the Attorney General’s litigation report, there were 31 D.C. FOIA cases active in FY24, with 10 of those cases open on January 31, 2025. According to the Mayor’s FY2024 summary, District government entities received 12,260 FOIA requests during FY2024 (Oct. 2023–Sept. 2024), and the number of requests pending (though not necessarily overdue) decreased from the previous fiscal year. At the end of FY23, there were 1,729 requests pending and at the end of FY24, there were 834 requests pending. By far, the most-cited exemption as a basis for withholding was Exemption 2 (“disclosure...would constitute a clearly unwarranted invasion of personal privacy”).
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On March 31, Councilmember Zachary Parker introduced Bill B26-217, the “Transparency Is Accountability Amendment Act of 2025.”As introduced, the bill would improve public access to critical records, including 911 transcripts and recordings, documents regarding government misconduct, and deliberative materials when the public interest in disclosure outweighs the District’s interest in secrecy. The bill has been referred to the Committee of the Whole.
On Tuesday, April 29, 2025, Director of Office Government testified before the Committee of the Whole on B26-208, the “Open Meetings Clarification Amendment Act of 2025.” Director Allen explained that the Council’s Rules either already allowed or could be changed by the Council to allow the types of meetings that were being discussed. There was in-person testimony, from the public, ANC Commissioners and a former member of the Council, as well as testimony submitted for the record. The recording of the hearing is available on the Council’s website.
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The Open Meetings Act (OMA) (D.C. Official Code § 2-571 et seq.) requires complete notice of meetings subject to the Act. Complete Notice means that:
A MINIMUM of 48 hours or Two Business Days prior –
- On the body’s website, and/or the Central Meeting Calendar (PREFERABLY BOTH) at open-dc.gov AND
- in a publicly accessible spot where the public can see it at the body’s office
- the DATE, TIME, LOCATION (incl. hyperlinks) and AGENDA are posted.
- The Agenda contains the statement “This meeting is governed by the Open Meetings Act. Please address any questions or complaints arising under this meeting to the Office of Open Government at opengovoffice@dc.gov.”
- IF any portion of the meeting is expected to occur in closed session, a statement of intent to close, including citations to the reason for closure under D.C. Official Code § 2-575(b), and a description of the matters to be discussed, must be included.
- And, notice of meetings shall be published in the D.C. Register “as timely as practicable.”
As always, please feel free to reach out to OOG for assistance or with any questions…
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OOG Attorney Recognized for Pro Bono Work:
Chief Judge Anna Blackburne-Rigsby of the D.C. Court of Appeals and Chief Judge Milton C. Lee, Jr., of the D.C. Superior Court released the 14th annual Capital Pro Bono Honor Roll, recognizing the contributions of those D.C. Bar members and other lawyers authorized to perform pro bono legal work in the District of Columbia who completed 50 hours or more of pro bono service during the prior calendar year. OOG is proud to announce that Anthony J Scerbo, Attorney Advisor, made the 2024 Capital Pro Bono Honor Roll. Congratulations on being recognized on this distinguished list!
Newest D.C. Notary Public:
The Office of Notary Commissions and Authentications (ONCA) approved and commissioned OOG Paralegal, Kimberly Brown, as a DC notary public. Congratulations on this distinguished honor!
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DC FOIA Advice on the Use of Multiple Extensions
On March 4, 2025, the Director of Open Government issued a D.C. FOIA Advisory Opinion (OOG file number #OOG-2024-004). The Advisory Opinion addressed the use of multiple extensions by the Executive Office of the Mayor (EOM) in response to a D.C. FOIA request. The Advisory Opinion concluded that EOM improperly invoked extensions in its processing of the D.C. FOIA request and failed to properly notify the requester of his appeal rights, which FOIA law requires agencies to provide. The requester sought specific communications about “the Mayor of the District of Columbia’s (the “Mayor”) trip to Dubai for the 2023 United Nations Climate Change Conference (COP 28) and her visit to Doha, Qatar with the D.C. Chamber of Commerce.”
In this instance, EOM improperly invoked extensions in its processing of the requester’s D.C. FOIA request. EOM also failed to notify the requester of his appeal rights after the expiration of the 15- day time to respond and the first 10-day extension. The opinion noted that although EOM’s FOIA Officer asked the requester to narrow the scope of his request, the time for responding was not tolled because EOM’s FOIA Officer made the request after the time for responding had expired. From a legal standpoint, the issue of EOM’s response time was moot because EOM ultimately provided the requested records, though untimely. The requester appealed to the Mayor’s Office of Legal Counsel (MOLC) because the records provided were redacted. The MOLC upheld EOM’s decision to redact the records.
Read the opinion here:
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Open Meetings Complaint Dismissal Regarding DC Council Meetings
On February 12, 2025, Director Allen dismissed this Open Meetings Act (OMA) complaint against the Council of the District of Columbia because the D.C. Council promulgated its rules concerning open meetings and is responsible for enforcement regarding its own meetings and other gatherings. Pursuant to DC Official Code § 2-579, the Director of Open Government is not empowered to bring a lawsuit in DC Superior Court for violations of the OMA respecting the Council. The statute requires the Council “shall adopt its own rules for enforcement related to Council meetings.” The Council, in its rules for Council Period 25 (Period 25), created a category of “gatherings” that are not subject to the OMA. Also, while the Council is subject to the OMA, pursuant to the Period 25 rules, enforcement regarding its own meetings and other “gatherings” resides with that public body. Pursuant to the Period 25 rules, the Director of Open Government referred the complaint to the Council, by way of its Office of the General Counsel and ultimately dismissed the complaint submitted to OOG for lack of jurisdiction.
Read the advisory opinion here:
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SUNSHINE MOMENT
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The Green Building Advisory Council (“GBAC”) was established to monitor the District’s compliance with the Green Building Act. This advisory council ensures that the District maintains compliance with green building requirements and offers recommendations on green building policies. The GBAC reviews requests for exemption from Greener Government Buildings Amendment Act and recommends approval or denial of those requests. The expertise shared by these council members in building construction, development, engineering, energy conservation, and green building practices help advance the climate and environmental goals of the District. The GBAC consists of thirteen members who are representatives from Department of Energy and Environment ("DOEE"), the Office of Planning ("OP"), the Department of Buildings ("DOB"), Department of Housing and Community Development ("DHCD"), representatives appointed by the Mayor from private and nonprofit sectors that live or work in the District, and one member appointed by the Chairperson of the Committee of the Council that oversees "DOEE". The GBAC meetings are open to the public and are held on the first Wednesday of every other month. Visit the GBAC website to learn more information.
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OOG is providing 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. Please join us in May for the next OMA training session.
 Until recently, most OMA training for public body members was conducted in sessions with the 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:
It's 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.
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