Notice of Meetings

(A) Public announcements of meetings

  1. General Rule. The Advisory Committee Management Officer shall announce, at least 10 days before each Committee or Subcommittee meeting, the time, place and a summary of the agenda of the meeting, whether the meeting will be open or closed to the public, and the name and telephone number of the official designated by the Council to respond to requests for information about the meeting. Notice may be given less than 10 days before a meeting if the Council determines by a recorded vote that Council business so requires, in which case notice shall be given at the earliest practical time.
  2. Change in time or place. If there is a change in time or place of a meeting following the public announcement prescribed in paragraph (1) the Advisory Committee Management Officer shall publicly announce such change at the earliest practicable time.
  3. Change in the agenda. The agenda of a meeting may be changed following the public announcement prescribed in paragraph (1) or (2) of this subsection only if:
    1. The Committee or Subcommittee Chairperson determines that Committee or Subcommittee business so requires and that no earlier announcement of the change was possible; and
    2. The Committee or Subcommittee Chairperson publicly announces such change at the earliest practicable time.
  4. Deleted Items. Notwithstanding the provisions of paragraph (3) of this subsection, individual items that have been announced for consideration at Committee or Subcommittee meetings may be deleted without notice.

(B) Informing public of meeting announcements

  1. The Advisory Committee Management Officer shall use reasonable means to ensure that the public is fully informed of the public announcements required by this section. For example, such announcements may be posted in the Council’s publications, or sent to the persons on a mailing list maintained for those who request to receive such material.
  2. Immediately following each public announcement required by this section, notice of the time place, and summary of the agenda of a meeting, whether the meeting is open or closed, any change in a preceding announcement, and the name and telephone number of the official designated by the Council to respond to requests for information about the meeting shall be submitted by the Advisory Committee Management Officer for publication in the Federal Register.

Agenda

The agenda shall list the matters to be considered at the Committee or Subcommittee meeting. It shall also indicate when any part of the meeting will be open or closed pursuant to the exemptions of the Government in the Sunshine Act, subsection (c) of 5 U.S.C. 552b.

Public Participation

The federal Advisory Committee Act provides that interested persons shall be permitted to attend, appear before, and file statements with any advisory committee, subject to that Act and to such reasonable rules as the Council may prescribe. The following rules on public participation apply to all Committee and Subcommittee meetings that are open to the public:

  1. Members of the public are invited to listen and observe at all Committee and Subcommittee meetings, unless all or a portion of a meeting is closed pursuant to Section 5.
  2. Meetings shall be held at a reasonable time and place that is reasonably large enough and accessible to the public.
  3. Any member of the public shall be permitted to file with the Committee or Subcommittee a written statement which is related to the matters to be discussed at the meeting.
  4. Individuals and organizations may be permitted to make formal presentations to Committees and Subcommittees as provided in this subsection. Such presentations must be relevant and timely and must comply with such reasonable limits as the Council or Subcommittee chairperson may prescribe. Any individual or organization seeking to make such presentation shall submit a written, signed request to the Advisory Committee Management Officer at least 3 business days prior to the Subcommittee meeting. The request shall include a brief description of the presentation to be made, a statement of the individual’s or organization’s interest in the matters to be discussed and the name and telephone number of the person to be contacted in connection with the request. The Advisory Committee Management Officer may deny such a request for a good cause. In the event such a request is denied, the Advisory Committee Management officer shall promptly notify the individual or organization of the denial and shall provide the individual or organization and the Subcommittee with a brief written explanation of the reason or reasons for the denial.
  5. Members of the public may be permitted to speak at the meeting as provided in this subsection. It shall be Council policy to reserve at least 15 minutes on the agenda for public comment at each Committee or Subcommittee meeting that is open to the public. Speakers will not be required to provide notice or obtain approval prior to the meeting in order to present comments. The Chairperson of the Committee or Subcommittee may impose reasonable limits on speakers for the purpose of maintaining order, ensuring all interests an opportunity to be heard, facilitating the completion of Committee or Subcommittee business, or for other good cause.

Minutes

  1. The following minimum items are required by Council policy to be included in Committee and Subcommittee minutes:
    1. Name of the Advisory Committee or Subcommittee.
    2. Date, time and place of the meeting.
    3. A list of Committee or Subcommittee members, Council staff, and Council members present. A list of Committee or Subcommittee members not attending will be included.
    4. The name, title, and address of public speakers.
    5. A complete summary of matters discussed and conclusions reached.
    6. A copy of all written statements made before the Committee or Subcommittee by members of the public.
    7. A summary of all oral statements made before the Committee or Subcommittee by members of the public.
    8. An estimate of the number of members of the public who attended the meeting.
  2. The Chairperson of the Committee or Subcommittee shall certify to the accuracy of the minutes after review of the minutes by the Committee or Subcommittee. The certification, required by the Federal Advisory Committee Act, should indicate that the contents are accurate and complete.
    A suggested format is: 
    These are an accurate and complete summary of the matters discussed and conclusions reached at the (name of Committee or Subcommittee) meeting held on (date of the meeting). Certified by: Signature and typed name of Chairperson.
  3. The minutes shall be forwarded by the Advisory Committee Management Officer to appropriate Council officials, Committee and Subcommittee Chairpersons and Vice-Chairpersons and the Council Public Reading Room where they shall be available to the public for inspection and copying.

Closed Meetings

  1. A Committee or Subcommittee that seeks to have all or part of a meeting closed to the public on the basis of subsection (c) of 5 U.S.C. 552b shall notify the Chairperson of the Council and the General Counsel of the Council at least 20 days before the scheduled date of the meeting. The Chairperson may waive the 20-day requirement for good cause. The notification shall be in writing and shall specify all the reasons why any part of the meeting should be closed.
  2. If the Chairperson of the Council in consultation with the General Counsel finds the request to be warranted an in accordance with the policy of the Federal Advisory Committee Act, the request shall be granted. The determination of the Chairperson of the Council shall be in writing and shall state the specific reasons for closing all or part of the meeting. The determination shall be made available to the public on request. The Chairperson of the Council may delegate responsibility for making the above determinations.

Records

  1. Council Public Reading Room. For all Advisory Committee and Subcommittee meetings that were open to the public, the records, reports, minutes, agenda or other documents made available to or prepared for or by the Advisory Committee or Subcommittee shall be available for public inspection and copying at a single location in the Council’s Public Reading Room. If the documents are unwieldy, i.e. maps and drawings, and their duplication would be excessively costly; the Advisory Committee Management Officer may instead file a description of the documents and specify the location at which the documents will be available for public inspection.
  2. Advisory Committee Management Officer. Subject to the Freedom of Information Act (5 U.S.C. 552), the following records will be made available for public inspection by the Advisory Committee Management Officer if appropriately requested: 
     
    Signed charters, records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda and notice documents, Advisory Committee rules and other documents by or for the Advisory Committee.

Public Recording

  1. Members of the public may record discussions at Committee or Subcommittee meetings by means of electronic or other devices (including tape recorders, stenotype, steno mask, or shorthand). The photographing of Committee or Subcommittee meetings by still or movie camera, or by videotaping without lighting aids, is permitted.
  2. Due to the limited space of most Committee or Subcommittee meeting rooms, use of recording or photographic equipment, which would require the user to move about the room during the meeting, is not allowed. Recording and photographic equipment may be set up and used only in public areas of the Committee or Subcommittee meeting room as designated by the Chairperson of the Committee or Subcommittee.
  3. Except for portable equipment used at an individual’s seat in the audience, equipment must be in place and ready to use prior to the start of a Committee or Subcommittee meeting or set up during a recess of the meeting. Such equipment may be removed only at the conclusion of the meeting or during a recess. A prearranged recess for the set up or removal of equipment may be requested through the Chairperson.
  4. No microphones may be placed on the tables used by the Committee or Subcommittee and Council Staff.
  5. Physical arrangements. The Chairperson shall be responsible for seeing that adequate space, sufficient visibility, and satisfactory acoustics are provided for public observation of open meetings.

Conflict of Interest

  1. Generally, Committee or Subcommittee members, other than Federal employees, are not subject to Federal statutory and regulatory conflict of interest provisions. However, they will be advised, by Subcommittee Chairpersons, of general conflicts of interest principles such as those set forth in Subsections (b) and (c).
  2. Committee and Subcommittee members shall not participate in deliberations resulting in advice to the Council on contracts or other specific Council actions that establish financial relationships between the Council and companies, organizations, or agencies with which the Committee or Subcommittee member is affiliated or has financial interest. Care should be taken to ensure that Committee or Subcommittee members are informed of potential impacts of specific matters on entities with which they are affiliated so they can disqualify themselves from participation in those matters.
  3. Committee and Subcommittee members also shall be aware of the following general conflict of interest instructions. They should avoid:
    1. Any use of Committee membership which is or gives the appearance of being motivated by the desire for private gain;
    2. Use of any inside information obtained as a result of Committee service for private personal gain;
    3. Use of Committee positions in any way to coerce, or give the appearance of coercing, another person to provide financial benefit to the individual or any person with whom he has family, business, or financial ties;
    4. Receiving or soliciting from persons having business with the Council, e.g. consultants or contractors, anything of value as a gift, gratuity, loan or favor while serving on a Committee or Subcommittee or in connection with such service.
  4. Committee and Subcommittee members who have questions about potential conflicts of interest should consult with the Council’s office of General Counsel.

Travel and Per Diem

Travel and per diem reimbursement for Committee and Subcommittee members shall be in accordance with rates established from time to time by the Council. Except as provided by written Council policy, Committee and Subcommittee members are not authorized to incur expenses or enter contracts on behalf of the Council.

Latest revision approved by Executive Committee: March 17, 1982

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