10403 REVIEW OF COMPLAINTS

10403.1 In making findings and determinations under this chapter, the Director, or designee, shall consider the alleged violation; and including, but not limited to the following factors:

1. (a) The nature, content, language or subject matter of the complaint;
2. (b) The nature, content, language or subject matter of prior or contemporaneous complaints by the person making the complaint; and
3. (c) The nature, content, language or subject matter of other verbal and written communications to any Public Body or any official of a Public Body from the person making the complaint.

10403.2 Upon review of the complaint, the Director may confirm the action of the public body, and settle the complaint without issuing a written advisory opinion if after construing all allegations most favorably to the complainant, that (a) the Public Body has not violated the Open Meetings Act; or (b) the Public Body has committed a technical violation of the Open Meetings Act that constitutes a harmless error that does not infringe the complainant's rights under the Open Meetings Act.

SOURCE: Final Rulemaking published at 61 DCR 13143 (December 26, 2014).