REPORT TO HOUSING AND HUMAN SERVICES COMMISSION
SUBJECT
Title
Review Council Policy 7.2.20, Reasonable Accommodation for Council and Board/Commission Members
Report
BACKGROUND
In July 2024, the California Attorney General issued an opinion concluding that members of legislative bodies covered by the Brown Act, including city councils, boards, and commissions, can participate in meetings remotely where necessary as a reasonable accommodation under the Americans with Disabilities Act (“ADA”), regardless of the numerical limits that the Brown Act imposes on remote appearances.
EXISTING POLICY
The City maintains a reasonable accommodation policy for employees with disabilities, which is administered by the Department of Human Resources.
ENVIRONMENTAL REVIEW
N/A
DISCUSSION
The ADA is a federal law that broadly requires employers, public entities, and commercial businesses to provide reasonable accommodations to persons with disabilities. Public entities are covered by two sections of the ADA: Title I (employment) and Title II (programs and services). Although members of legislative bodies are not considered “employees” under most employment laws, they are covered by Title II of the ADA, which requires the City to makes its programs and services accessible to people with disabilities. Thus, the ADA covers elected and appointed officials to the extent that those officials require reasonable accommodations to perform the duties of their office. Examples of reasonable accommodations could include removal of architectural barriers, such as providing a wheelchair ramp to a Council dais, as well as various assistive devices and technology.
Previously, it was not clear whether the ADA gives elected and appointed officials the right to participate remotely in meetings as a disability accommodation. California’s Ralph M. Brown Act (“Brown Act”) was enacted to ensure the public’s right to attend public meetings and generally favors in-person attendance. The Brown Act’s traditional rules for participating by “teleconference” require posting of an agenda and allowing public access to the official’s location, which is impractical in many situations. As a result, the interplay between the ADA and the Brown Act has been challenging. In 2001, the Attorney General issued an opinion concluding that remote participation was not a reasonable accommodation because attendance was an essential function of the job of a member of a legislative body, and the Brown Act only allowed remote participation from locations open to the public (84 Ops.Cal.Atty.Gen. 181, 185-188 (2001)).
During the COVID-19 pandemic, Governor Newsom issued emergency exceptions to the Brown Act that allowed fully remote meetings. Subsequent amendments to the Brown Act now allow members of legislative bodies to participate remotely in a limited number of meetings per year , subject to certain requirements, without having to comply with the rules for teleconference meetings. In July 2024, the Attorney General issued a new opinion that considered the recent amendments to the Brown Act and concluded that remote participation in public meetings by members of legislative bodies can now be considered a reasonable accommodation under the ADA.
To align City policies with the Attorney General opinion and to ensure that there is a clear process for councilmembers and members of boards and commissions to follow if they need to seek any type of reasonable accommodation for a disability, including remote participation, the attached policy as Section 7.2.20 of the City Council Policies was added on December 10, 2024. The policy provides that the Department of Human Resources, which already administers the ADA interactive process for employees, will evaluate and determine reasonable accommodation requests by members of Council, boards, and commissions This will ensure that accommodation requests remain confidential and are handled by the City staff who have expertise in ADA requirements.
No motion or public hearing is needed on this item. This general business item is solely to allow the Commission to review the new policy and discuss or ask any questions of staff.
FISCAL IMPACT
None.
ATTACHMENTS
1. Council Policy 7.2.20, Reasonable Accommodation for Council and Board/Commission Members