Proposal would allow individual members of a public body to participate, vote remotely due to medical condition
LANSING, Mich. (Jan. 27, 2022) — Sen. Sean McCann (D-Kalamazoo) today introduced a bill to help local governments operate safely by allowing individual members of a public body in Michigan, who have a medical condition, to participate and vote remotely in public meetings.
Senate Bill 854 would amend the Open Meetings Act to add a medical condition including injury, disability, or other health-related condition to circumstances requiring accommodation for remote participation.
“I have heard from local government representatives in Kalamazoo County who are concerned that state law compelling in-person meetings has put members of public bodies and the general public into unsafe positions, or in some cases has prevented important business from being conducted effectively,” Sen. McCann said. “My bill says that if a local elected official or member of a citizen board has a health condition or disability that prevents them from attending a business meeting in person, but they are otherwise able to participate and vote, they should not be prevented from doing so. We have figured out how to do this remotely, we have the technology, and we know it can work.”
Public Act 228 of 2020 amended the Open Meetings Act to stipulate that public bodies would be able to conduct electronic meetings under the following conditions:
- Before Jan. 1, 2021, and retroactive to March 18, 2020, under any circumstances.
- On and after Jan. 1, 2021, through December 31, 2021, only those circumstances requiring accommodation of members absent due to military duty, a medical condition, or a statewide or local state of emergency or disaster.
- After Dec. 31, 2021, only in the circumstances requiring accommodation of members absent due to military duty.
“I am so pleased that Senator McCann is taking action on this important issue. As we move forward fighting COVID-19, it is vital for people to have the tools needed to protect themselves and their communities,” said Kalamazoo County Commissioner Jen Strebs. “This legislation brings the Open Meetings Act in line with the spirit and intent of the Americans with Disabilities Act. People with medical conditions will not have to risk their lives to serve their communities and this is a reasonable action to take to make public service accessible.”
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