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Freedom of Information Inter-agency Memoranda Exemption Amendment Act of 2002
Bill 14-524

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Councilmember Kathy Patterson

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember Kathy Patterson introduced the following bill which was referred to the Committee on Government Operations.

To amend the District of Columbia Administrative Procedure Act, to provide that the Council of the District of Columbia shall be subject to the exemptions under the Freedom of Information Act similar to executive branch agencies, to explicitly incorporate the privileges available under the inter-agency memoranda exemption, and to clarify the nature of the deliberative process privilege as applied to the Council of the District of Columbia.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Freedom of Information Inter-agency Memoranda Exemption Amendment Act of 2002".

Sec. 2. Section 204 of the District of Columbia Administrative Procedure Act, approved March 25, 1977 (D.C. Law 1-96; D.C. Official Code §2-534), is amended to insert a new subsection (e) to read as follows:

"(e) All exemptions available under this section shall apply to the Council of the District of Columbia as well as executive branch agencies of the District of Columbia government. The deliberative process privilege, the attorney work-product privilege, and the attorney-client privilege are incorporated under the inter-agency memoranda exemption listed in subsection (a)(4), and these privileges, among other privileges that may be found by the court, shall extend to any public body that is subject to this act. Memoranda created by and exchanged between staff and members of the District of Columbia Council shall be exempt from disclosure to the extent that such memoranda represent predecisional documents that were written in the process of developing legislation, drafting budget reports, or conducting oversight hearings.

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3))

Sec. 4. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code §1-206.02(c)(1), and publication in the District of Columbia Register.

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