[Code of Federal Regulations]
[Title 7, Volume 11, Parts 1600 to 1899]
[Revised as of January 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1600]
[Page 7-10]
PART 1600--GENERAL INFORMATION--Table of Contents
Meetings of the Board of Directors of the Rural Telephone Bank
Sec.
1600.1 General.
1600.2 Definitions.
1600.3 Open meetings.
1600.4 Scheduling of meetings.
1600.5 Public announcement of meetings.
1600.6 Bases for closing a meeting to the public.
1600.7 Procedures for closing a meeting to the public.
1600.8 Transcript, recording or minutes; availability to the public.
Authority: 7 U.S.C. 941 et seq.; Pub. L. 103-354, 108 Stat. 3178 (7
U.S.C. 6941 et seq.).
Source: 56 FR 49134, Sept. 27, 1991, unless otherwise noted.
Meetings of the Board of Directors of the Rural Telephone Bank
Sec. 1600.1 General.
The purpose of this part is to effectuate the provisions of the
Government in the Sunshine Act. This part applies to the deliberations
of a quorum of the Directors of the Bank required to take action on
behalf of the Bank where such deliberations determine or result in the
joint conduct or disposition of official Bank business. Any deliberation
to which this part applies is hereinafter in this part referred to as a
meeting of the Board of Directors.
Sec. 1600.2 Definitions.
As used in this part:
Board means Board of Directors of the Rural Telephone Bank (Bank).
Director means an individual who is a member of the Board.
Legal Counsel means the legal counsel of the Bank.
Meeting means the deliberations (including those conducted by
conference telephone call or by any other method) among a quorum of the
Directors, where such deliberations determine or result in joint conduct
of official business of the Board. For purposes of this part, each item
on the agenda of a meeting is considered a meeting or a portion of a
meeting. To the extent that the discussions do not result in the
beginning of deliberations or achieve a consensus on a matter of
official agency business or effectively predetermine official actions,
the term Meeting does not include:
(1) Deliberations to determine whether a meeting or portions of a
meeting will be open or closed or whether information pertaining to
closed meetings will be disclosed;
(2) Calling a meeting at a date earlier than announced as provided
in Sec. 1600.5;
(3) Changing the subject matter of a publicly announced meeting as
provided in Sec. 1600.5;
(4) Disposition of Board business by circulation of materials to
individual Board members;
(5) Staff briefings of Board members;
(6) Informal background discussions among Board members and staff
which clarify issues and expose varying views; or
(7) Sessions with individuals from outside the Bank where Board
members listen to a presentation and may elicit additional information.
Open to public observation means the right of any member of the
public to attend and observe, but not participate or interfere in any
way in an open meeting of the Board.
Sec. 1600.3 Open meetings.
(a) Except as provided for in Sec. 1600.6 every portion of every
meeting of the Board shall be open to public observation. Observation
does not include participation or disruptive conduct by observers, and
persons engaging in such conduct will be removed from the meeting.
Documents being considered at meetings of the Board may be obtained
subject to the exemptions set forth in Sec. 1600.8.
(b) Board members shall not jointly conduct or dispose of official
Board business other than in accordance with this part.
(c) The Secretary of the Board shall be responsible for assuring
that ample space, sufficient visibility, and adequate acoustics are
provided for public observation of meetings of the Board.
Sec. 1600.4 Scheduling of meetings.
A decision to hold a meeting of the Board should be made as provided
in the bylaws of the Bank and at least ten days prior to the scheduled
meeting date in order for the Secretary of the
[[Page 8]]
Bank to give the public notice required by Sec. 1600.5. Special meetings
of the Board may be held on less than ten days notice if a majority of
the Board determines by a recorded vote that Bank business requires that
the special meeting be held on less than ten days notice. After public
announcement of a meeting of the Board under the provisions of
Sec. 1600.5, the subject matter thereof, or the determination to open or
close a meeting, or portion thereof, may only be changed if a majority
of the Directors determines by a recorded vote that business so requires
and that no earlier announcement of the change is possible.
Sec. 1600.5 Public announcement of meetings.
(a) Except as otherwise provided in this section, public
announcement of open meetings and meetings or portions thereof closed
under Sec. 1600.7 will be made at least seven days in advance of each
meeting. Except to the extent that such information is determined to be
exempt from disclosure under Sec. 1600.6, each such public announcement
will state the time, place, and subject matter of the meeting, whether
it is to be open or closed to the public, and the name and telephone
number of the official designated to respond to requests for information
about the meeting. Each such announcement shall be submitted for
publication in the Federal Register. Copies of the announcement shall
also be mailed to holders of Class B and Class C Bank stock.
(b) If a meeting is closed, the Board may omit from the announcement
information usually included, if and to the extent that it finds that
disclosure would be likely to have any of the consequences listed in
Sec. 1600.6.
(c) Where a majority of the Board members determine by recorded vote
that Bank business requires that a meeting be called on less than ten
days notice, public announcement shall be made at the earliest
practicable time. Such announcement will state the time, place, and the
subject matter of the meeting, whether it is to be open or closed to the
public, and the name and telephone number of the official designated to
respond to requests for information about the meeting.
(d) The time or place of a meeting may be changed following the
public announcement required by paragraph (a) of this section only if
the Secretary publicly announces such change at the earliest practicable
time. The subject matter of a meeting, or the determination of the Board
to open or close a meeting, or portion of a meeting, to the public, may
be changed following the public announcement required by this section
only if:
(1) A majority of the Directors determines by a recorded vote that
business so requires and that no earlier announcement of the change was
possible; and
(2) The Secretary publicly announces such change and the vote of
each Director upon such change at the earliest practicable time.
(e) The earliest practicable time, as used in this subsection, means
as soon as possible, which should in few, if any, instances be later
than the commencement of the meeting or portion in question.
(f) Each person interested in attending an open meeting of the Board
should notify the Assistant Secretary of the Board at least one business
day prior to the open meeting of their intention to attend the meeting.
Any person who fails to do so may not be accommodated if there is
insufficient space in the meeting room.
Sec. 1600.6 Bases for closing a meeting to the public.
(a) A portion or portions of a Board meeting may be closed to the
public and any information pertaining to such meeting otherwise required
by Sec. 1600.3 to be disclosed to the public may be withheld, where the
Board determines that public disclosure of information to be discussed
at such meetings is likely to:
(1) Disclose matters that are:
(i) Specifically authorized under criteria established by an
Executive Order to be kept secret in the interests of national defense
or foreign policy; and
(ii) In fact properly classified pursuant to such Executive Order.
(2) Relate solely to the internal personnel rules and practices of
the Bank;
(3) Disclose matters specifically exempted from disclosure by
statute
[[Page 9]]
(other than the Freedom of Information Act, 5 U.S.C. 552), provided that
such statute:
(i) Requires that the matters be withheld from the public in such a
manner as to leave no discretion on the issue; or
(ii) Establishes particular criteria for withholding or refers to
particular types of matters to be withheld.
(4) Disclose trade secrets and commercial or financial information
obtained from a person and privileged or confidential;
(5) Involve accusing any person of a crime, or formally censuring
any person;
(6) Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
(7) 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:
(i) Interfere with enforcement proceedings;
(ii) Deprive a person of a right to a fair trial or to an impartial
adjudication;
(iii) Constitute an unwarranted invasion of personal privacy;
(iv) Disclose the identity of a confidential source, and, in the
case of a record compiled by a criminal 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;
(v) Disclose investigative techniques and procedures; or
(vi) Endanger the life or physical safety of law enforcement
personnel.
(8) Disclose information contained in or related to examination,
operating, or condition reports prepared by, on behalf of, or for the
use of the Bank or any other agency responsible for the regulation or
supervision of financial institutions;
(9) Disclose information the premature disclosure of which would be
likely to significantly frustrate implementation of a proposed action of
the Board or of another agency, except that this shall not apply in any
instance where the content or nature of the proposed action has already
been disclosed to the public or where the Board is required by law to
make such disclosure on its own initiative prior to taking final action
on such proposal; or
(10) Specifically concern the Board'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 Board of a particular case of formal agency adjudication pursuant
to the procedures in 5 U.S.C. 554 or otherwise involving a determination
on the record after opportunity for a hearing.
(b) Any Board meeting or portion thereof, which may be closed, or
any information which may be withheld under paragraph (a) of this
section, will not be closed or withheld, respectively, in any case where
the Board finds the public interest requires otherwise.
Sec. 1600.7 Procedures for closing a meeting to the public.
(a) A majority of all Directors may vote to close a meeting or
withhold information pertaining to that meeting. A separate vote shall
be taken with respect to any action under Sec. 1600.6(a). A majority of
the Board may act by taking a single vote with respect to a series of
meetings, a portion or portions of which are proposed to be closed to
the public, or with respect to any information concerning such series of
meetings, so long as each meeting in such series involves the same
particular subject matter and is scheduled to be held no more than
thirty days after the initial meeting in such series. The vote of each
Director participating in such vote shall be recorded and no proxy shall
be allowed.
(b) Whenever any person whose interests may be directly affected by
a portion of the Board's meeting requests that the Board close such
portion to the public on the basis of exemptions in paragraph (a)(5),
(a)(6), or (a)(7) of Sec. 1600.6, the Board, upon request of any one of
its members, will vote whether or not to close such portion of the
meeting. The vote of each Director participating in such vote shall be
recorded and no proxy shall be allowed.
[[Page 10]]
(c) Before every Board meeting closed on the basis of one or more of
the exemptions in Sec. 1600.6(a), the Legal Counsel will publicly
certify that, in Counsel's opinion, the meeting may be closed to the
public and shall state each relevant exemption.
(d) Within one business day after any vote taken pursuant to
paragraph (a), (b), or (c) of this section, the Board will make publicly
available a written copy of the vote, reflecting the vote of each Board
member. Except to the extent that such information is exempt from
disclosure, if a meeting or portion of a meeting is to be closed to the
public, the Board will make publicly available within one business day
after the required vote a full written explanation of its action,
together with a list of all persons expected to attend the meeting and
their affiliation.
Sec. 1600.8 Transcript, recording or minutes; availability to the
public.
(a) The Secretary of the Board will maintain the following records
for each Board meeting, or portion thereof which is closed to the public
pursuant to a vote under Sec. 1600.7:
(1) A copy of the Legal Counsel's certification required by
Sec. 1600.7;
(2) A copy of a statement from the presiding officer which sets
forth the time and place of the closed meeting or portion thereof and a
list of persons present; and
(3) A complete verbatim transcript or electronic recording adequate
to record fully the proceedings of each Board meeting or portion of a
meeting, except that in the case of a meeting or portion of a meeting
closed to the public on the basis of exemptions in paragraph (a)(8) or
(a)(10) of Sec. 1600.6, the Secretary of the Board will maintain either
a transcript, electronic recording, or a complete set of minutes. Such
minutes shall fully and clearly describe all matters discussed and shall
provide a full and accurate summary of actions taken and the reasons
therefor, including a description of each of the views expressed on any
item and the record of all roll-call vote reflecting the vote of each
member of the question. All documents considered in connection with any
action will be identified in such minutes.
(b) The retention period for the records required by paragraph (a)
of this section will be for a period of at least two years after the
particular Board meeting or until one year after the conclusion of any
Board proceeding with respect to which the meeting or portion thereof
was held, whichever occurs later.
(c) The Secretary of the Board will make promptly available to the
public the transcript, electronic recording, transcription of the
recording, or minutes of the discussion of any item on the agenda of a
Board meeting, except for such item or items of such discussion as the
Board determines to contain information which may be withheld on the
basis of one or more of the exemptions in Sec. 1600.6.
(d) Requests for public inspection of electronic recording,
transcripts or minutes of Board meetings shall be made to the Assistant
Secretary of the Board of Directors of the Rural Telephone Bank, room
4051-South Building, U.S. Department of Agriculture, 14th Street and
Independence Avenue SW., Washington, DC 20250. Requests for inspection
or copies of transcripts shall specify the date of the meeting, the name
of the agenda and the agenda item number; this information will appear
in the notice of the meeting.
(e) The transcripts, minutes, or transcriptions of electronic
recordings of a Board meeting will disclose the identity of each
speaker, and will be furnished to any person at the actual cost of
transcription or duplication.