[LincolnTalk] Fwd: Your request for Reasonable Accommodation at Special Town Meeting Re: Voting on Saturday

[Sarah Cannon Holden]

Please see the note below from Tim Higgins. Our Town Counsel had advised that remote voting is precluded under State Law. Thank you. See you tomorrow. Sarah Cannon HoldenBegin forwarded message:From: "Higgins, Timothy S." Date: December 1, 2023 at 11:41:53 AM ESTTo: Sarah Liepert , Jane Marie , bethany.h.br...@mass.govCc: "Pereira, Dan" , "Hutchinson, Jim" , "Cannon Holden, Sarah" , "Pereira, Dan" Subject: RE: Your request for Reasonable Accommodation at Special Town Meeting Re: [LincolnTalk] Voting on Saturday







Hello everyone –
 
We have been in discussion with the Attorney General’s Office and have shared Town Counsel’s opinion.  We expect to have ongoing dialogue with them, and with the Mass Office of Disability next week.  In the meantime, we have been reaching
 out to anyone who has expressed a particular challenge to explore possible accommodations, over and above those we currently offer, short of providing remote voting which Town Counsel has advised is precluded under state law.
 
Tim Higgins
 
 
Timothy S. Higgins
Town Administrator
Town of Lincoln
16 Lincoln Road
Lincoln, MA 01773
 
higgi...@lincolntown.org
781 259 -2601
 
 
 


From: Sarah Liepert  
Sent: Friday, December 1, 2023 10:58 AM
To: Jane Marie ; bethany.h.br...@mass.gov
Cc: Pereira, Dan ; Hutchinson, Jim ; Cannon Holden, Sarah ; Higgins, Timothy S. 
Subject: Re: Your request for Reasonable Accommodation at Special Town Meeting Re: [LincolnTalk] Voting on Saturday


 
Dear Jane Marie, 

 


Please get in touch with Bethany Brown, ADA Coordinator at the Massachusetts Attorney General’s Office as soon as possible. Her cell is 781-429-9286. She is copied on this email.


 


Importantly, the Massachusetts AGO (Attorney General’s Office) is not in agreement with the Lincoln Town Counsel’s advisory opinion. 


 


You may document your concerns regarding ADA Reasonable Accommodations with Bethany Brown.


 


All the best,


 


Sarah Liepert


Trapelo Rd., Lincoln







On Dec 1, 2023, at 10:37 AM, Higgins, Timothy S.  wrote:




 
Hello Sarah and Jane Marie 
 
The Town’s preparations for Town Meeting include a whole host of accommodation measures.  Remote voting is not one of them as Town Counsel has advised us that remote voting is precluded by State Law.  Below please find her formal opinion. 
  We are, however, live streaming the meeting so that folks at home will be able to observe and listen.  The instructions for tuning in are included on the Town’s website.
 
Thank you for your question.
 
Tim Higgins
 
 
Timothy S. Higgins
Town Administrator
Town of Lincoln
16 Lincoln Road
Lincoln, MA 01773
 
higgi...@lincolntown.org
781 259 -2601
 
 
 
 
Tim, this is to follow up on my initial response to you concerning reasonable accommodations at town meetings.  We understand that the Massachusetts Office on Disability has taken
 the position that remote participation in a town meeting is a reasonable accommodation for a person who cannot attend.  In our opinion, allowing remote participation in an open town meeting is specifically prohibited by law and would fundamentally change both
 the nature and the conduct of a town meeting.  
 
As you are likely already aware, the Americans with Disabilities Act (“ADA”) requires public entities to make “reasonable modifications” to their procedures to accommodate persons
 with disabilities.  What is “reasonable” is fact-specific and depends upon the nature of the program and the accommodation being sought.  However, any change that would result in a “fundamental alteration” to the program or service is not required.  A fundamental
 alteration is one that results in a change in the essential nature of the service or program.  Likewise, a requested accommodation is not required if it would result in undue financial and administrative burdens.
 
The very purpose of a town meeting is for members of the community to gather together to debate and vote of legislative issues of the Town.  Allowing some individuals to participate
 from a remote location fundamentally changes the public, legislative process. Moreover, such action is specifically not allowed by law.  During the COVID-era revisions to various municipal laws, representative town meetings were specifically authorized to
 meet remotely.  That authority was extended several times.  During that same period, the General Court considered whether remote participation should be allowed at open town meetings; such a concept never received significant support, however, and was not
 enacted.  Moreover, allowing one or a small group of people to participate remotely would result in undue financial and administrative burdens to the Town.  Not only would such a system be difficult and costly to implement, it would be highly disruptive during
 the course of the meeting and would require significant adjustments in the procedures that are usually followed.  Again, this position is not merely speculative.  The COVID-era relief 

[LincolnTalk] Fwd: Your request for Reasonable Accommodation at Special Town Meeting Re: Voting on Saturday

[Sarah Liepert]

Hi LT. Please see additional info from
Tim Higgins, which he provided below.

Please contact Mr. Higgins as soon as possible if you have a request regarding 
Reasonable Accommodations for tomorrow. In his email, he shared:

In the meantime, we have been reaching out to anyone who has expressed a 
particular challenge to explore possible accommodations, over and above those 
we currently offer, short of providing remote voting which Town Counsel has 
advised is precluded under state law.

His email below shows his complete contact information.

Best,
Sarah Liepert


Begin forwarded message:

From: "Higgins, Timothy S." 
Date: December 1, 2023 at 11:41:59 AM EST
To: Sarah Liepert , Jane Marie 
, bethany.h.br...@mass.gov
Cc: "Pereira, Dan" , "Hutchinson, Jim" 
, "Cannon Holden, Sarah" 
, "Pereira, Dan" 
Subject: RE: Your request for Reasonable Accommodation at Special Town Meeting 
Re: [LincolnTalk] Voting on Saturday


Hello everyone –

We have been in discussion with the Attorney General’s Office and have shared 
Town Counsel’s opinion.  We expect to have ongoing dialogue with them, and with 
the Mass Office of Disability next week.  In the meantime, we have been 
reaching out to anyone who has expressed a particular challenge to explore 
possible accommodations, over and above those we currently offer, short of 
providing remote voting which Town Counsel has advised is precluded under state 
law.

Tim Higgins


Timothy S. Higgins
Town Administrator
Town of Lincoln
16 Lincoln Road
Lincoln, MA 01773

higgi...@lincolntown.org
781 259 -2601



From: Sarah Liepert 
Sent: Friday, December 1, 2023 10:58 AM
To: Jane Marie ; bethany.h.br...@mass.gov
Cc: Pereira, Dan ; Hutchinson, Jim 
; Cannon Holden, Sarah 
; Higgins, Timothy S. 
Subject: Re: Your request for Reasonable Accommodation at Special Town Meeting 
Re: [LincolnTalk] Voting on Saturday

Dear Jane Marie,

Please get in touch with Bethany Brown, ADA Coordinator at the Massachusetts 
Attorney General’s Office as soon as possible. Her cell is 781-429-9286. She is 
copied on this email.

Importantly, the Massachusetts AGO (Attorney General’s Office) is not in 
agreement with the Lincoln Town Counsel’s advisory opinion.

You may document your concerns regarding ADA Reasonable Accommodations with 
Bethany Brown.

All the best,

Sarah Liepert
Trapelo Rd., Lincoln


On Dec 1, 2023, at 10:37 AM, Higgins, Timothy S. 
mailto:higgi...@lincolntown.org>> wrote:

Hello Sarah and Jane Marie

The Town’s preparations for Town Meeting include a whole host of accommodation 
measures.  Remote voting is not one of them as Town Counsel has advised us that 
remote voting is precluded by State Law.  Below please find her formal opinion. 
  We are, however, live streaming the meeting so that folks at home will be 
able to observe and listen.  The instructions for tuning in are included on the 
Town’s website.

Thank you for your question.

Tim Higgins


Timothy S. Higgins
Town Administrator
Town of Lincoln
16 Lincoln Road
Lincoln, MA 01773

higgi...@lincolntown.org
781 259 -2601




Tim, this is to follow up on my initial response to you concerning reasonable 
accommodations at town meetings.  We understand that the Massachusetts Office 
on Disability has taken the position that remote participation in a town 
meeting is a reasonable accommodation for a person who cannot attend.  In our 
opinion, allowing remote participation in an open town meeting is specifically 
prohibited by law and would fundamentally change both the nature and the 
conduct of a town meeting.

As you are likely already aware, the Americans with Disabilities Act (“ADA”) 
requires public entities to make “reasonable modifications” to their procedures 
to accommodate persons with disabilities.  What is “reasonable” is 
fact-specific and depends upon the nature of the program and the accommodation 
being sought.  However, any change that would result in a “fundamental 
alteration” to the program or service is not required.  A fundamental 
alteration is one that results in a change in the essential nature of the 
service or program.  Likewise, a requested accommodation is not required if it 
would result in undue financial and administrative burdens.

The very purpose of a town meeting is for members of the community to gather 
together to debate and vote of legislative issues of the Town.  Allowing some 
individuals to participate from a remote location fundamentally changes the 
public, legislative process. Moreover, such action is specifically not allowed 
by law.  During the COVID-era revisions to various municipal laws, 
representative town meetings were specifically authorized to meet remotely.  
That authority was extended several times.  During that same period, the 
General Court considered whether remote participation should be allowed at open 
town meetings; such a concept never received significant support, however, and 
was not