2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 2 - Alcoholic Beverage and Cannabis Administration › § 25–204.01. Board — Open meetings

§ 25–204.01. Board — Open meetings.
(a) This section shall be construed broadly to maximize public access to meetings. Exceptions to open meetings shall be construed narrowly.
(b)(1) “For the purposes of this section, the term “meeting” means any gathering of a quorum of the members of the Board, including hearings and roundtables, whether regular, special, or emergency, at which the members consider, conduct, or advise on public business, including gathering information, taking testimony, discussing, and voting.
(2) A chance meeting or social encounter does not constitute a meeting unless it is held to evade the letter or spirit of this section.
(3) The term “meeting” does not include:
(A) Discussions by members of the Board on logistical and procedural methods to schedule and regulate a meeting;
(B) Any on-site inspection of any project or program; and
(C) General discussions among Board members on issues of interest to the public held in a planned or unplanned social, educational, informal, ceremonial, or similar setting when there is no intent to conduct public business, nor for the discussion to lead to an official action, even if a quorum is present and public business is discussed.
(c)(1) Except as provided in paragraph (2) of this subsection, a meeting shall be open to the public.
(2) A meeting, or portion of a meeting, may be exempt from the requirement in paragraph (1) of this subsection because of the following:
(A) Statute or court order;
(B) Contract negotiations;
(C) Attorney-client privilege: To consult with an attorney, in order to preserve the attorney-client privilege between an attorney and the Boards, and to approve settlement agreements; provided, that nothing herein shall be construed to permit the Board to close a meeting that would otherwise be open merely because the Board’s attorney is a participant;
(D) Personnel matters: Discussion of the appointment, employment, assignment, promotion, performance evaluation, compensation, discipline, demotion, removal, or resignation of government appointees, employees, or officials, unless the person requests a public meeting;
(E) Quasi-judicial functions: Meetings held by the Board exercising quasi-judicial functions that are held solely for the purpose of deliberating or making a decision in an adjudication action or proceeding;
(F) Enforcement: To plan, conduct, discuss, or hear reports concerning investigations of alleged criminal or civil misconduct or violations of federal or District law;
(G) Executive functions: To discuss the administration of a current District or federal statute, regulation, or procedure; or
(H) To receive testimony, discuss, or deliberate upon the criminal background of an applicant for a solicitor's license or manager's license.
(3) A public body that meets in closed session may not discuss or consider any official matter other than matters listed in paragraph (2) of this subsection.
(4) No resolution, rule, act, regulation, or other official action shall be effective unless taken, made, or enacted at an open meeting.
(d)(1) Before a meeting or portion of a meeting may be closed, the Board shall meet in public session at which a majority of the members of the public body who are present vote in favor of a motion for closure pursuant to an exemption listed under subsection (c)(2) of this section.
(2) The motion shall state the reason for closing the meeting and include a listing of the topics to be discussed. The Chairperson of the Board shall conduct and record a roll call vote on the motion.
(3) At the conclusion of the closed meeting, the Board shall reconvene in public session, to summarize, to the extent consistent with the applicable reason for closure, the matters discussed or considered at the closed session, and, if appropriate, take official action.
(July 18, 2008, D.C. Law 17-201, § 3(b), 55 DCR 6289; Oct. 30, 2018, D.C. Law 22-165, § 2(b)(1), 65 DCR 9366; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)