PART 1206—OPEN MEETINGS Authority: 5 U.S.C. 552b. Source: 54 FR 20367, May 11, 1989, unless otherwise noted. Subpart A—Purpose and Policy § 1206.1 Purpose. The purpose of this part is to prescribe the procedures by which the Board will conduct open meetings in accordance with the Government in the Sunshine Act (5 U.S.C. 552b) (“the Act”). § 1206.2 Policy. The Board will provide the public with the fullest practicable information regarding its decision-making processes, while protecting individuals' rights and the Board's ability to carry out its responsibilities. Meetings at which the Board members jointly conduct or dispose of official business are presumptively open to the public. The Board will close those meetings in whole or in part only in accordance with the exemptions provided under 5 U.S.C. 552b(c), and only when doing so is in the public interest. § 1206.3 Definitions. The following definitions apply to this part: (a) Meeting (b) Member Subpart B—Procedures § 1206.4 Notice of meeting. (a) Notice of a Board meeting will be published in the Federal Register (1) The time of the meeting; (2) The place where the meeting will be held; (3) The subject and agenda of the meeting; (4) Whether the meeting is to be open to the public or closed; and (5) The name and telephone number of a Board official responsible for receiving inquiries regarding the meeting. (b) The Board, by majority vote, may provide less than one week's notice. When it does so, however, it will provide notice of the meeting at the earliest practicable time. § 1206.5 Change in meeting plans after notice. (a) After notice of a meeting has been published, the Board may change the time or place of the meeting only if it announces the change publicly at the earliest practicable time. (b) After notice of a meeting has been published, the Board may not change either the subject matter of the meeting or the decision that the meeting will be open to the public or closed unless both of the following conditions are met: (1) By majority, recorded vote, the Board members determine that Board business requires the change and that no earlier announcement of the change was possible; and (2) Notice of the change, and of the individual Board members' vote, is published in the Federal Register § 1206.6 Decision to close meeting. (a) Basis. (b) General Counsel certification. (c) Vote. § 1206.7 Transcripts, recordings, or minutes of open and closed meetings; public availability; retention. (a) Closed meetings. (2) The Board shall make promptly available to the public copies of transcripts, recordings, or minutes maintained as provided in accordance with this paragraph (a), except to the extent the items therein contain information which the Board determines may be withheld pursuant to the provisions of 5 U.S.C. 552b(c). Copies of transcripts or minutes, or transcriptions of electronic recordings including the identification of speakers, shall to the extent determined to be publicly available, be furnished to any person, subject to the payment of duplication costs or the actual cost of transcription. (3) The Board shall maintain a complete verbatim copy of the transcript, a complete copy of the minutes, or a complete electronic recording of each meeting, or portion of a meeting, closed to the public, for a period of at least two (2) years after such meeting or until one (1) year after the conclusion of any Board proceeding with respect to which the meeting or portion was held whichever occurs later. (b) Open meetings. [76 FR 10755, Feb. 28, 2011] § 1206.8 Providing information to the public. Information available to the public under this part will be made available by the Office of the Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419. Individuals or organizations with a special interest in activities of the Board may ask the Office of the Clerk to have them placed on a mailing list for receipt of information available under this part. [54 FR 20367, May 11, 1989, as amended at 65 FR 48886, Aug. 10, 2000] § 1206.9 Procedures for expedited closing of meetings. Instead of following the procedures described in §§ 1206.4 through 1206.8 of this part, and in §§ 1206.11 and 1206.12, the Board may expedite the closing of its meetings under the following conditions by using the following procedures: (a) Finding. (2) Absent a compelling public interest to the contrary, meetings or portions of meetings that can be expected to be closed under these procedures include meetings held to consider the following: Petitions for review or cases that have been or may be reopened under 5 CFR 1201.114 through 1201.117; proposals to take action against administrative law judges under 5 CFR 1201.131 through 1201.136; and actions brought by the Special Counsel under 5 CFR 1201.129. (b) Announcement. (c) Procedure for closing meetings under this section. (d) Record Availability. (1) A written record reflecting the vote of each participating member of the Board with respect to closing the meeting; and (2) The General Counsel certification under § 1206.6(b). Subpart C—Conduct of Meetings § 1206.11 Meeting place. The Board will hold open meetings in meeting rooms designated in the public announcements of those meetings. Whenever the number of observers is greater than can be accommodated in the designated meeting room, however, it will make alternative facilities available to the extent possible. § 1206.12 Role of observers. The public may attend open meetings for the sole purpose of observation. Observers may not participate in the meetings unless they are expressly invited to do so. They also may not create distractions that interfere with the conduct and disposition of Board business, and they may be asked to leave if they do so. Observers of meetings that are partially closed must leave the meeting room when they are asked to do so.