Open Government Advisory Committee Oct. 18, 2024 - Meeting minutes

Member introductions

Each member in attendance introduced themselves, shared their motivations for supporting open government, and included a fun fact.

Charter review

As DFO, Mr. Brunson provided an overview of the Federal Advisory Committee Act (FACA), which governs the committee’s operations. The purpose of FACA is to ensure that advice provided by advisory committees is objective and accessible to the public. All committee meetings are open to the public, unless certain exemptions apply. The requirements state that meetings must be announced at least 15 calendar days in advance and all meeting materials, minutes, and records be made available to the public.

He shared that the committee must have a quorum to conduct business, and voting on key matters, such as bylaws, will be required. The recordkeeping requirements specify that accurate minutes must be kept for each meeting and then posted publicly. The OG FAC will be re-evaluated every two years for continuation.

Brunson emphasized that the committee must operate in full compliance with FACA’s requirements, ensuring the public can observe and participate in government decision-making processes.

Ethic briefing

Lauren Jacobs provided an ethics briefing. Members were encouraged to contact the ethics office at ethics@gsa.gov for any questions or clarifications about their ethical obligations. The ethics briefing covered the following key points:

• Committee members are not expected to memorize the rule. Rather, when they have questions, they are expected to reach out for ethics guidance. The key principles are loyalty to the law, selfless service, and responsible stewardship.
• The Ethics rules as they apply to special government employees are different from regular federal employees.
• Conflict of Interest Rules: Members were reminded that as SGEs, they must disclose any potential conflicts of interest. SGEs are subject to federal ethics laws, including the Standards of Ethical Conduct and the criminal conflict of interest statutes (18 U.S.C. § 208).  Any potential conflicts must be cleared with the DFO or the ethics official before participating in committee discussions or decisions.
• Financial Disclosure Requirements: SGEs must file a confidential financial disclosure report (OGE Form 450) to ensure no conflicts of interest arise from their work on the committee.
• Gifts and Outside Employment: Members are prohibited from accepting gifts from prohibited sources or engaging in outside employment that could conflict with their committee duties. Any offers of gifts or invitations from organizations with an interest in the committee’s work should be discussed with ethics officials.
• Use of Government Resources: Members must use government resources, such as email, computers, and meeting platforms, strictly for committee-related purposes. Personal use of these resources is generally prohibited.
• Lobbying and Advocacy Restrictions: SGE cannot represent a third party back to the government on “specific party matters,” like contracts, grants, applications, litigation, and investigations. They cannot represent on matters where SGEs substantially participated. If you plan to make communications to the federal government, chat with ethics first.

FACA overview

Jeremy Anderson, GSA FACA Attorney, provided a detailed overview of the Federal Advisory Committee Act (FACA), emphasizing its historical roots and importance in maintaining transparency and public accountability within government advisory committees. Anderson explained that FACA has origins dating back to President Washington’s response to the Whiskey Rebellion and was formalized in 1972 to ensure the government obtains outside expertise while allowing the public insight into the process. He stressed the act’s procedural requirements, including public accessibility to committee records, open meeting requirements, and guidelines for approving closed sessions, underscoring the role of GSA’s FACA Secretariat as a resource for compliance.

Anderson outlined the specific procedural aspects mandated by FACA, such as the requirement for the Designated Federal Officer (DFO) and committee chair to be present at all meetings, the obligation to announce meetings publicly, and the need for thorough record-keeping. He highlighted that FACA’s guidelines align closely with those of the Government in the Sunshine Act and FOIA to enhance transparency. Anderson concluded by offering ongoing support through GSA resources, encouraging members to leverage these tools as they navigate FACA’s guidelines in their committee activities.

OG FAC bylaws and voting

Chair Daniel Schuman led a discussion of the OG FAC bylaws and invited members to propose any changes or raise concerns. The bylaws clarify certain procedural elements and ensure alignment with FACA requirements.     

Ronald Keefover suggested an amendment to the attendance record, recommending that meeting minutes reflect both attendees and absentees to facilitate tracking. This suggestion was positively received, with Arthur Brunson, the DFO, affirming it as part of regular record-keeping practices. Schuman noted that further revisions could be revisited in the future if necessary.

Following the discussion, the committee moved to a roll-call vote. Each member present cast a vote, with all voting in favor of adopting the bylaws. The members voted as follows: 

Schuman expressed gratitude for the unanimous approval and encouraged members to continue engaging openly in future discussions. The final bylaws adoption reinforced the committee’s commitment to transparency and procedural integrity.

Schuman then outlined his vision for how the OG FAC will operate. He described a collaborative, fair environment where members can actively contribute their unique strengths toward fulfilling the committee’s charter and bylaws. He emphasized that while the committee will receive administrative and procedural support from the GSA, it will remain independent in making recommendations on the 6th Open Government National Action Plan and in carrying out its other duties. Schuman plans to establish a cadence of short, monthly meetings to maintain momentum and prioritize efficiency, encouraging an approach that balances rapid progress with respect for members’ time also proposed initial steps for structuring the committee’s work, including establishing subcommittees, developing a rubric for evaluating ideas, and ensuring transparency in managing public input.

He emphasized that deliberations must comply with FACA guidelines, which means public accessibility for most meetings, adherence to ethical standards, and openness wherever possible. Schuman noted that he would circulate further guidelines for subcommittees and working groups and welcomed public suggestions via email. His goal is for the committee to model open government practices and generate actionable recommendations that drive meaningful transparency and accountability improvements in federal governance.

Kristen Honey shared her thoughts on norms and culture. She proposed using first names in recognizing how they conduct business with each other and reflect values of open government. Suzanne Piotrowski, Janice Luong, Amy Holmes, and Ade Odutola supported this suggestion. Josh Tauberer mentions it would be helpful to list full names the first time members speak to help those who are attending the meeting.

By unanimous consent, this will be the approach going forward. No one disagreed. 

Closing remarks

In his closing remarks, Daniel Schuman thanked the committee members for their participation and expressed optimism about the significant work ahead. He emphasized that, while the tasks are substantial, the potential impact makes the effort worthwhile, and he looks forward to collaborating with each member. Schuman invited any final questions or comments, encouraging openness and mutual respect as key norms moving forward.

Arthur Brunson, the Designated Federal Officer, then provided procedural reminders, urging members to stay informed about FACA requirements and their roles. He thanked attendees, stakeholders, and contributors for their support in establishing the committee, and reminded everyone to register for the upcoming October 23 public meeting.

Adjournment

Mr. Brunson adjourned the meeting at 3:15pm.

I hereby certify that, to the best of my knowledge, the foregoing minutes are accurate and complete.

Digitally signed by Arthur Brunson [10/30/2024]

Arthur Brunson

Designated Federal Officer

Open Government Federal Advisory Committee

Digitally signed by Daniel Schuman  [10/29/2024]

Daniel Schuman

Chairperson

Open Government Federal Advisory Committee

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List of attendees