The D.C. Council passed emergency legislation Tuesday that changes the city’s open meetings law to allow private meetings in certain situations. Critics of the measure are pouncing on the change, saying it would dramatically modify the way the city operates. But city officials insist it’s needed.
Under this new law, council members will be allowed to have private meetings without the required two days of notice to the public, as long as the meeting is to discuss a possible terrorist threat, public health threats or to meet with the mayor. During those meetings, no votes or official actions can be taken.
Council Chairman Phil Mendelson argued that council members were not allowed to discuss items among themselves without the fear someone will claim they violated the current law.
“Sometimes we want to have a conversation, and they can’t be public, or we won’t have those conversations,” he said.
The council passed the emergency legislation 10-2. Once signed by Mayor Muriel Bowser, the law will be enacted for 90 days, during which the council will consider what changes it wants in a permanent bill. It will hold a public hearing April 22 to discuss the matter.
Mendelson said with the Trump administration in office, it is almost impossible for city officials to privately discuss strategy without running afoul of open meetings. He said the current law hinders getting anything done.
The bill gives the city more flexibility, Mendelson said, when it comes to dealing with federal issues and interference from Congress, especially after lawmakers passed a recent spending bill that cut $1 billion from the city’s budget.
But critics of the law are pushing back.
In a lengthy letter to the D.C. Council, the D.C. Open Government Coalition said the bill poses a substantial threat to government transparency and should not be enacted without more public input.
The coalition argued the council could resolve the issues “more efficiently through the modification of its rules without exacting such a toll on public access,” noting the bills have been in the works since at least last October.
“Regardless of what the DECLARATION says, there is no emergency — no ‘situation that adversely affects the health, safety, welfare, or economic well-being of the District, its residents, its businesses, or other persons or entities,'” Coalition Chairman Robert S. Becker said in the letter.
The legislation also gives an open meeting exemption to “consequential, large-scale business and economic development,” such as the recently completed, nearly $1 billion deal with Monumental Sports & Entertainment to remodel Capital One Arena.
Critics of the legislation say the timing is unusual, especially since the city, Washington Commanders and NFL could begin negotiations for a new stadium and they feel that information will be kept secret.
However, a city official told WTOP no member of the council has had any negotiations or discussions with the Commanders or the NFL about building a new stadium at the RFK Stadium campus and Mayor Muriel Bowser is the one taking part in those discussions.
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