Council asks city attorney for written opinion on remote voting and ADA accommodations

Warren City Council on July 22 voted to request a written legal opinion from the city attorney on whether members of the council or other public boards may participate and vote remotely, and what process must be used to approve accommodations under the Americans with Disabilities Act.

City attorney (Schroeder) summarized the current legal landscape during council discussion: "The Open Meetings Act requires now participation in person like we have here tonight. And there is there is 1 exception under the Open Meetings Act, which is active duty military service... There is the ability, according to the Michigan Attorney General, for someone who has a qualifying disability under the ADA to formally request an accommodation to participate remotely as a member of that board. And, the board would then have to approve that request for an accommodation." He said he would put the analysis in writing for the council and commissions.

Council members pressed for a practical review of who reviews accommodation requests and how to protect medical privacy. Schroeder said a designated reviewer (for example HR or legal counsel) can confirm a bona fide request without publicly disclosing protected health records, and noted the ADA and federal case law may supersede state Open Meetings Act constraints when a qualifying disability exists.

Why it matters: several boards and authorities within the city have permitted telephonic participation at times, and council members said recent meetings of bodies such as the DDA included remote participation that may not comply with state law. The legal opinion will standardize procedures across commissions and outline the steps for reviewing accommodation requests while safeguarding health privacy.

Action taken: council voted unanimously to ask the city attorney to prepare a written legal opinion and provide recommended procedures to be shared with commissions and the public.