1528 EXECUTIVE SESSION

1528.1 The Board may, upon the affirmative vote of two-thirds of the members present and voting at a public meeting, convene an executive session to the extent permitted by §1528.3 and §166 (c) of the District of Columbia Retirement Reform Act of 1979, D.C. Code §1-736 (2001) and §§145(e) and (f) of the Police Officers, Fire Fighters, and Teachers Retirement Benefit Replacement Plan Act of 1998 D.C. Code §§1-909.05 (e) and (f) (2001). Executive sessions shall not be recorded unless approved by a unanimous vote of the Board.

1528.2 An executive session of the Board shall be closed to the public, and all materials received, and transcripts of discussions held shall not be deemed a "public record" in accordance with D.C. Code §2-532 (2001), and shall be given appropriate safeguarding.

1528.3 Any meeting, or any portion of a meeting, may be held in executive session, consistent with the requirements of D.C. Code §§2-537 and 2-538.1 (2001), if the matters to be discussed at the meeting satisfy any of the following criteria and requirements:

(a) Relate to matters of the Board, or Board staff or internal staff management or procedure;

(b) Tend to injure, disgrace, or expose an individual to public contempt; or

(c) Represent a clearly unwarranted invasion of the privacy of an individual; or

(d) Disclose information relating to trade secrets or financial or commercial information that is required to be kept confidential by an Act of Congress or the District of Columbia, or that has been received by the Board on a confidential basis in order to prevent undue injury to the competitive position of any person; or

(e) Deliberations or tentative or final decisions on investment or other financial matter, the disclosure of which may jeopardize the ability of the Board to implement an investment decision or achieve investment objectives.

SOURCE: Notice of Final Rulemaking published at 49 DCR 10807, 10808 (November 29, 2002).