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Commission waives rules to advance electronic participation policy for illness-related absences

5834853 · September 17, 2025
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Summary

Commissioners voted to waive rules so a proposed resolution and policy allowing electronic participation for commissioners who cannot attend due to illness can be enacted after a 45-day waiting period; the policy does not allow participation for travel or non-illness absences.

The Montgomery County Commission voted to waive rules and advance a proposed resolution and policy that would permit electronic participation by a commissioner who cannot attend a meeting because of illness.

The proposed policy, presented to the commission, would allow a member to participate electronically only in cases of illness. The policy includes administrative safeguards and, if ratified, would not take effect until 45 days after ratification. Staff said the measure does not apply for out-of-town travel or discretionary absences and that additional work is needed to address long-term illness and other edge cases.

The commission heard from Sonny Brasfield, executive director of the Alabama County Commissioners Association, who explained that the enabling statute passed in the state legislature allows full commissions to adopt a process for electronic participation. Brasfield noted statutory limitations, including the requirement for a quorum of members to be physically present and for safeguards to prevent undue administrative or constitutional burden. "Statute was passed by the legislature probably 2 years ago now, allowing full commissions to set up this process," Brasfield said.

A commissioner asked whether medical documentation would be required for an illness; staff and legal counsel said the policy as drafted does not require a doctor’s note and that the policy’s strict eligibility (illness only) and other built-in limitations were intended to protect the integrity of in-person deliberations. A motion to waive the rules to move the policy forward was made and seconded; the commission voted to waive rules and to begin the process earlier than otherwise scheduled.

Nut graf: Commissioners approved a procedural step to advance the policy to a formal vote after a 45-day waiting period; the policy is narrowly tailored to illness-only participation and excludes travel and discretionary absences. Staff signaled follow-up work to define long-term illness procedures and to check other counties’ practice.