[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR200.6]



[Page 174-177]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 200_GENERAL ADMINISTRATION--Table of Contents

 

Sec.  200.6  Open meetings.



    (a) Definitions--(1) Meeting. For purposes of this section, the term 

``meeting'' shall mean the deliberations of at least two of the three 

members of the Railroad Retirement Board, which deliberations determine 

or result in the joint conduct or disposition of official agency 

business. The term ``meeting'' shall not include:

    (i) Deliberations of the Board members concerning the closure of a 

meeting, the withholding of any information with respect to a meeting, 

the scheduling of a meeting, the establishment of the agenda of a 

meeting, or any change in the scheduling, agenda, or the open or closed 

status of a meeting; or

    (ii) Consideration by the Board members of agency business 

circulated to them individually in writing for disposition by notation.

    (2) Public announcement. For purposes of this section the term 

``public announcement'' shall mean the posting of the notice of a 

scheduled meeting as required by this section on a bulletin board 

available to the public on the first floor of the Board's headquarters 

building located at 844 Rush Street, Chicago, Illinois 60611.

    (b)(1) The members of the Board shall not jointly conduct or dispose 

of agency business except in accordance with the procedures and 

requirements established by this section. Provided, however, That 

nothing in this section shall be construed so as to prohibit the Board 

from disposing of routine or administrative matters by sequential, 

notational voting.

    (2) Where agency business is disposed of by notational voting as 

provided in paragraph (b)(1) of this section, the minutes of the next 

succeeding Board meeting shall reflect such action.

    (3) Every portion of every meeting of the Board at which agency 

business is conducted or disposed of shall be open to public 

observation, except as provided in paragraph (c) of this section.

    (c)(1) Except as provided in this section, every portion of every 

meeting of the Board shall be open to the public. A meeting or a portion 

of a meeting may be closed where (i) the Board properly determines that 

the subject matter of the meeting or portion thereof is such as to make 

it likely that disclosure of matters falling within one or more of the 

exceptions set out in paragraph (c)(3) of this section would result, and 

(ii) the Board determines that the public interest would not require 

that the meeting or portion thereof be open to the public.

    (2) The requirements of paragraphs (d) and (e) of this section shall 

not apply to information pertaining to a meeting which would otherwise 

be required to be disclosed to the public under this section where the 

Board properly determines that the disclosure of the information is 

likely to disclose matters within the exceptions listed in paragraph 

(c)(3) of this section, and that the public interest would not require 

that the matters, even though excepted, should be disclosed.

    (3) The Board may close a meeting or a portion thereof and may 

withhold information concerning the meeting or portion thereof, 

including the explanation of closure, the description of the subject 

matter of the meeting, and the list of individuals expected to attend, 

which otherwise would be required to be made public under paragraphs (d) 

and (e) of this section, where it has determined, as provided in 

paragraphs (c)(1) and (2) of this section, where it has determined, as 

provided in paragraphs (c)(1) and (2) of this section, that the public 

interest would not otherwise require that the meeting or portion thereof 

be open or that the information be made public, and that the



[[Page 175]]



meeting, or portion thereof, or the disclosure of the information is 

likely to:

    (i) Disclose matters that are (A) specifically authorized under 

criteria established by Executive Order to be kept secret in the 

interests of national defense or foreign policy and (B) in fact properly 

classified pursuant to such executive order;

    (ii) Relate solely to the internal personnel rules and practices of 

the Board;

    (iii) Disclose matters exempted from disclosure under 45 U.S.C. 

362(d) and 362(n) and 45 U.S.C. 231f(b)(3) or disclose matters 

specifically exempted from disclosure by any other statute (other than 5 

U.S.C 552), Provided, That such other statute either requires that the 

matters be withheld from the public in such a manner as to afford no 

discretion on the issue or establishes particular criteria for 

withholding or refers to particular types of matters to be withheld;

    (iv) Disclose trade secrets and commercial or financial information 

obtained from a person and privileged or confidential;

    (v) Involve accusing any person of a crime, or formally censuring 

any person;

    (vi) Disclose information of a personal nature where disclosure 

would constitute a clearly unwarranted invasion of personal privacy;

    (vii) Disclose investigatory records compiled for law enforcement 

purposes, or information which if written would be contained in such 

records, but only to the extent that the production of such records or 

information would

    (A) Interfere with law enforcement proceedings,

    (B) Deprive a person of a right to a fair trial or an impartial 

adjudication,

    (C) Constitute an unwarranted invasion of personal privacy,

    (D) Disclose the identity of a confidential source and, in the case 

of a record compiled by a criminal law enforcement authority in the 

course of a criminal investigation, or by an agency conducting a lawful 

national security intelligence investigation, confidential information 

furnished only by the confidential source,

    (E) Disclose investigative techniques and procedures, or

    (F) Endanger the life or physical safety of law enforcement 

personnel;

    (viii) Disclose information the premature disclosure of which would 

be likely to significantly frustrate implementation of a proposed Board 

action, except that this paragraph shall not apply in any instance where 

the Board has already disclosed to the public the content or nature of 

its proposed action, or where the Board is required by law to make such 

disclosure on its own initiative prior to taking final agency action on 

such proposal; or

    (ix) Specifically concern the agency's issuance of a subpoena, or 

the agency's participation in a civil action or proceeding, an action in 

a foreign court or international tribunal, or an arbitration, or the 

initiation, conduct, or disposition by the agency of a particular case 

of formal agency adjudication pursuant to the authority granted in 45 

U.S.C. 231f and 45 U.S.C. 365.

    (d)(1) Any action by the Board to close a meeting or a portion 

thereof, or to withhold any information pertaining to such meeting or 

portion thereof, shall be taken only upon the vote of at least two 

members of the Board that the meeting or portion thereof be closed or 

information withheld for one or more of the reasons set forth in 

paragraph (c)(3) of this section. A single vote may be taken with 

respect to a series of meetings, to close the meetings or portions 

thereof or to withhold information pertaining to such meetings, where 

the meetings or portions thereof involve the same subject matter and are 

scheduled within 30 calendar days after the date of the initial meeting 

in the series.

    (2) The vote of each member of the Board participating in the vote 

on closure of a meeting or portion thereof shall be recorded. Vote by 

proxy shall not be allowed.

    (3) A person whose interests might be directly affected by a meeting 

or portion thereof which otherwise would be open may request that the 

meeting or portion thereof which concerns such person's interests be 

closed under paragraphs (c)(3)(v), (vi), or (vii) of this section. The 

request should be directed to The Secretary, Railroad Retirement Board, 

844 Rush Street, Chicago, Illinois 60611, and must be received no



[[Page 176]]



later than the beginning of the meeting to which it applies. Upon 

receipt of such a request the Board shall vote by recorded vote on the 

question as to whether the meeting or portion thereof should be closed.

    (4) Within one day following a vote taken under paragraphs (d)(2) 

and (3) of this section, a copy of such vote showing the vote of each 

member shall be available for public inspection and copying in the 

office of the Secretary of the Board, located in the Board's 

headquarters office.

    (5) If a meeting or portion thereof is closed in accordance with an 

action under paragraphs (d)(2) or (3) of this section, the Board shall, 

within one day following the vote, except to the extent such information 

is exempt from disclosure under paragraph (c) of this section, make 

available for inspection and copying in the office of the Secretary of 

the Board a written explanation of the Board's action and a list of the 

persons expected to attend and their affiliations.

    (e)(1) Except as to those meetings or portions of meetings scheduled 

as provided in paragraphs (d)(2) and (3) of this section, the Board 

shall for each meeting make public announcement at least one week prior 

thereto of the time, place and subject matter of the meeting, whether 

the meeting is to be open or closed to the public, and the name and 

telephone number of an official of the Railroad Retirement Board 

designated by the Board to respond to any requests from the public 

pertaining to the meeting.

    (2) The requirement contained in paragraph (e)(1) of this section 

that the Board give one week advance notice of each meeting shall not 

apply where the Board determines by majority vote, which vote shall be 

recorded, that agency business requires that a meeting be scheduled at 

an earlier date. If a meeting is scheduled less than one week in the 

future, as provided in this paragraph, the Board shall make a public 

announcement at the earliest practicable time of the time, place and 

subject matter of the meeting and whether the meeting is to be open or 

closed to the public.

    (3) The Board may change the time and place of a previously 

scheduled and announced meeting, but such change must be announced to 

the public at the earliest practicable time. The Board may change the 

subject matter, or its determination to open or close a meeting or 

portion thereof, of a previously scheduled and announced meeting only if 

(i) a majority of the Board determines by recorded vote that agency 

business requires the change and that no earlier public announcement of 

the change was possible, and (ii) the Board makes a public announcement 

of the change and the vote of each member thereon at the earliest 

practicable time.

    (4) Immediately following each public announcement required by this 

subsection, the Board shall submit for publication in the Federal 

Register notice of the time, place, and subject matter of the meeting, 

whether the meeting is to be open or closed, any changes in such items 

from a previous announcement, and the name and telephone number of the 

Railroad Retirement Board official designated by the Board to respond to 

requests concerning the announced meeting.

    (f)(1) Whenever the Board should determine to close a meeting or a 

portion of a meeting under any of the exemptions contained in paragraph 

(c)(3) of this section, the General Counsel of the Railroad Retirement 

Board shall, prior to the meeting, certify in writing that in his or her 

opinion the meeting or portion thereof may be closed to the public and 

shall state the applicable exemptions which permit closure. The Board 

shall maintain a copy of the General Counsel's certification and a copy 

of the statement of the presiding officer of the meeting setting forth 

the time and place of the meeting and a list of the persons present, 

other than those present merely as spectators.

    (2) In the event that a meeting or any portion of a meeting is 

closed to the public, a complete transcript or recording shall be made 

of the meeting or portion thereof closed; Provided, however, That if the 

meeting or portion thereof is closed under paragraph (c)(3)(ix) of this 

section, a set of minutes may be made of the closed meeting or portion 

of a meeting in lieu of a complete transcript or recording thereof. If a 

set of minutes is the method



[[Page 177]]



chosen to record the proceedings of a meeting or portion thereof closed 

under paragraph (c)(3)(ix) of this section, such minutes shall fully and 

clearly describe the matters discussed. The minutes shall also fully 

reflect any actions taken by the Board, set forth a statement of the 

reasons for such actions, summarize each of the views expressed 

concerning such actions, identify any documents considered in connection 

with such agency actions, and show the vote of the Board and each of its 

members on such actions.

    (3) The transcript, recording, or minutes of each meeting or portion 

thereof closed to the public shall be available for public inspection or 

listening in the office of the Secretary of the Board, 844 Rush Street, 

Chicago, Illinois 60611, no later than two weeks following the meeting. 

There shall be expunged or erased from the transcript, recording, or 

minutes of each meeting which is made available to the public any items 

of discussion or testimony when it has been determined that they contain 

information which may be withheld under paragraph (c) of this section, 

and that the public interest would not require disclosure. The 

determination as to what items of discussion or testimony shall be 

expunged or erased from the copies of the transcript, recording, or 

minutes available to the public shall be made by the Secretary of the 

Board with the approval of the Board.

    (4) Copies of transcripts, minutes, or transcriptions of recordings 

maintained by the Board as provided in paragraph (e)(3) of this section 

shall be provided to members of the public who request such copies, at 

the actual cost of duplicating or transcription. Requests for copies of 

transcripts, minutes or transcriptions of recordings should be in 

writing, addressed to the Secretary of the Board, Railroad Retirement 

Board, 844 Rush Street, Chicago, Illinois 60611, and should clearly 

indicate the date of the meeting or meetings for which such copies are 

requested. If the requester desires a copy of only a portion or portions 

of the transcript, minutes, or transcription of a specified meeting, the 

request should specify which portion or portions are desired.

    (5) The Board shall maintain the complete transcript, recording, or 

minutes required to be made under paragraph (e)(2) of this section for a 

period of at least two years after the meeting, or for at least one year 

after the conclusion of any agency proceeding with respect to which the 

meeting or portion of the meeting was held, whichever occurs later.

    (g) Nothing in this section shall expand or limit the rights of any 

person under 5 U.S.C. 552, and 20 CFR 200.3, except that the exemptions 

contained in paragraph (c) of this section shall govern in the case of 

any request under 5 U.S.C. 552 and 20 CFR 200.3 to copy, inspect, or 

obtain copies of transcripts, recordings, or minutes described in 

paragraph (f) of this section. Nothing in this section shall limit the 

rights of any individual under 5 U.S.C. 552a and 20 CFR 200.4 to gain 

access to any record which would be available to such individual under 

those provisions.



[42 FR 15312, Mar. 21, 1977, as amended at 42 FR 22865, Nov. 11, 1977. 

Redesignated at 52 FR 11010, Apr. 6, 1987]