Updated 12/14/2023 at 4:23 p.m. — Adds language that clarifies what the law is versus what this ordinance proposes and removes some reporting concerning meetings being potentially adjourned as a tactic. The state Open Meetings Law already forces adjournment if the meeting is not “visible” and “audible” to the public. The was not reported in the initial release of this story. We regret any confusion this may have caused.
MANDEVILLE — A proposed ordinance scheduled for adoption tonight (December 14th) by the City Council would add Americans with Disabilities Act accommodations for remote participation by members of the public.
Ordinance 23-36 is intended to comply with recent changes to the state’s Open Meetings Law by adding accommodations for members of the public and City Council members who fall under the Americans with Disabilities Act provisions, allowing them not only to participate remotely but also to cast votes remotely.
Act 393 of the 2023 Regular Session amended La. R.S. 42:14(E) and 42:17.2.1 mandating that public bodies, such as the Mandeville City Council, make accommodations for people with disabilities recognized by the ADA.
This ordinance would allow members of the public to participate remotely using software like Zoom Meetings so that they could provide public comment similarly to how those in attendance do. The proposed ordinance would allow members of a public body — like the City Council — to cast votes and attend executive sessions remotely as if they were onsite.
Item “f” of the proposed Section 2-10, which if adopted would be added to the city charter, says that if a member of the public who has been granted ADA accommodations is having technical issues teleconferencing to a meeting and those issues cannot be resolved “within one hour,” then that meeting would be adjourned.
The language used in item “f” of this ordinance — while similar to language in the Open Meetings law at 42:17.2 (C)(5) — addresses ADA participants directly.
R.S. 42:17(A) says that a public body “may” allow its “members” to attend and participate via electronic means. And 42:17.2(C)(5) reads:
“If the public body is aware of a technical problem that causes the meeting to no longer be audible, or if applicable, visible and audible to the public, the meeting shall be recessed until the problem is resolved. If the problem is not resolved within one hour, the meeting shall be adjourned and the presiding officer shall make an effort to alert all participants to that fact.”
The language of Ordinance 23-36’s proposed 2-10(f) reads:
“If a technical problem impairs the ability of the disabled member of the public or disabled member of the public body to participate in the meeting, the meeting shall be recessed until the problem is resolved. If the technical issue is not resolved within one hour, the meeting shall be adjourned, and the presiding officer will use all reasonable means to notify all participants of that fact.”
Critics say this is vague and leaves the reader to wonder if this means that if the disabled person (having been granted these accommodations) participating remotely has a technical issue that the meeting would have to be adjourned.
All Mandeville City Council Meetings are currently streamed live on Facebook and via the city’s official website. However, the only way to provide public comment remotely is to email a member of the City Council or the council clerk and ask that a statement be read into the record. There is no legal requirement for the council to do so.
Tonight’s meeting is scheduled for 6 p.m. and will be held at the Mandeville City Hall Council Chambers.
-30-
Mandeville Daily 
no good deed goes unpunished. wonder how this would work.
LikeLike