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 t...
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