CFTC operations may be constrained by federal open-meeting laws that limit informal discussions between two remaining commissioners

Quotes that support claims

However, federal open-meeting laws make it more difficult for the two remaining members to meet one on one to discuss commission business outside of official meetings. While agency operations such as market surveillance aren’t affected by a two-person commission, matters that require a vote — such as approving an agency budget or enforcement actions — could be stymied if the two remaining members can’t come to agreement, Davis said.