Re: [LincolnTalk] Fw: Your request for Reasonable Accommodation at Special Town Meeting Re: Voting on Saturday
Why isn't this meeting also being conducted over Zoom? Zoom seems to have been used for so many other meetings for the town lately, it seems logical to actually provide a Zoom option for the "important" ones. (Wasn't there a state-wide directive allowing them? Has it expired?) Is there no way to verify that the person on the Zoom meeting is a valid voter? I don't recall that validating my voting status in-person seemed to be too invasive to be done over Zoom. Alternatively, why not allow early voting (although this option is clearly too late)? Of course, the actual ballot measures can be changed on the fly, but generally, the substance remains the same. If not, in-person voters will either jump ship or jump on board, depending on if the changes are for the worse or better. How is early voting on these issues different than early voting for a candidate, when there can be an "October Surprise?" And if there are so many early votes that late changes to the measures do not get corrected by in-person votes, then we get what we deserve. Maybe the process needs to be revisited. Afterall, if we are supposed to have a government of, by, and for the people, the people should be able to vote. We should strive for 100% participation. Some people cannot physically make it to an hours-long meeting. Others have commitments that preclude them from being able to spend most of a Saturday sitting in an auditorium. If there is too much concern about late changes to the measures, maybe the votes should be collected over the week following the meeting with the tabulation done the following Saturday. The meeting would still be a forum for debate and would create the final measures. People would have time to review any last-minute changes and get their ballots into the town. Chris Csendes27 Tabor Hill Rd. (I am sorry if my relatively recent introduction to the town meeting process has burden me with silly questions.) On Friday, December 1, 2023 at 06:41:26 PM EST, Sara Kooima wrote: Not every law written is constitutional. If the Town of Lincoln is unwilling to address its ongoing discrimination and overt civil rights violations, then we as residents must force the issues. The AG and the Disability Law Center in Boston can help: Office of the Attorney General of Massachusetts: https://www.mass.gov/how-to/file-a-consumer-complaint Disability Law Center:https://www.dlc-ma.org/ask-for-help/ US Department of Justice https://civilrights.justice.gov/report/ Sara KooimaNorth Commons On Fri, Dec 1, 2023 at 4:27 PM Adam M Hogue wrote: I also personally feel my rights are being violated under the equal rights law in MA. We have a bunch of lawyers in town maybe we can sue Lincoln and bring change and name the town administrators and town board. Adam M HogueCell: (978) 828-6184 On Dec 1, 2023, at 4:18 PM, Sarah Liepert wrote: Dear LT, Please scroll down to see the reply of Town Administrator Tim Higgins, which I am sharing per his request. He includes the opinion of Town Counsel regarding the matter. Above it, you will see my response to Jane Marie, advising her of Mr. Higgins's response. Importantly, the Massachusetts AGO (Attorney General's Office) is not in agreement with the opinion of the Town of Lincoln's Town Counsel. You may contact Bethany Brown, ADA Coordinator at the Massachusetts Attorney General's Office, at 781-429-9286. You may also document your concerns with her. She is copied on this email as well. All best, Sarah LiepertTrapelo Rd. From: Sarah Liepert Sent: Friday, December 1, 2023 10:57 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 LiepertTrapelo 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
Re: [LincolnTalk] Fw: Your request for Reasonable Accommodation at Special Town Meeting Re: Voting on Saturday
Hello LT, I placed a call to the AGA office this afternoon and had a pleasant conversation with Bethany Brown, ADA Coordinator at the Massachusetts Attorney General's Office. Sarah Liepert is 100% correct, Ms Brown voiced disagreement with the Towns Legal Counsel and was quite empathetic with my concerns. Therefore, she urged residents with disabilities ( including the elderly) to please contact the ADA or reach out via their web site. You also will find more information on their web site. Helpful links: https://www.dol.gov/general/topic/disability/ada https://www.mass.gov/news/memo-reasonable-accommodations-at-town-meetings I hope this helps. My wish going forward is for everyone to have the opportunity to vote. Everyone's voice matters. Sincerely, Theresa KGiles Road On Friday, December 1, 2023 at 04:18:17 PM EST, Sarah Liepert wrote: Dear LT, Please scroll down to see the reply of Town Administrator Tim Higgins, which I am sharing per his request. He includes the opinion of Town Counsel regarding the matter. Above it, you will see my response to Jane Marie, advising her of Mr. Higgins's response. Importantly, the Massachusetts AGO (Attorney General's Office) is not in agreement with the opinion of the Town of Lincoln's Town Counsel. You may contact Bethany Brown, ADA Coordinator at the Massachusetts Attorney General's Office, at 781-429-9286. You may also document your concerns with her. She is copied on this email as well. All best, Sarah LiepertTrapelo Rd. From: Sarah Liepert Sent: Friday, December 1, 2023 10:57 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 LiepertTrapelo 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
Re: [LincolnTalk] Fw: Your request for Reasonable Accommodation at Special Town Meeting Re: Voting on Saturday
Hi, Those of you who think that all Lincoln residents with disabilities can vote (as long as they are registered and can get a ride), should know that some elderly and disabled people cannot stay at town meeting all day because they cannot tolerate sitting or standing for hours waiting for the opportunity to vote. There are MANY reasons why some disabled people are unable to attend or stay at Town Meeting. Yes - we can offer rides (although some may need chair vans which need to be pre-arranged and can be costly) and we can offer assistance guiding people to a safe location, however, there are still people who are unable to vote. If any of you have ever suffered severe back or neck pain, you may understand this problem better. Or perhaps one has a hearing loss and cannot understand what is happening in the meeting. The ADA is a law that was enacted to provide access to all with disabilities. As a special educator/teacher of the deaf and hard-of-hearing, I am well-acquainted with this law and surprised that the town legal counsel would not offer alternative voting arrangements. There are situations in which we need to do better than simply offering rides. Thank you for looking into this Sarah. Respectfully, Margo Martin On Fri, Dec 1, 2023 at 3:44 PM Jeffrey wrote: > Any Lincoln resident whose voter registration is up to date can vote in > any town meeting, and, of course, in any election; local, State, or > Federal. I just want to make this clear; I think the whole town knows this > but some comments on LT appear to confuse the issue. > > The reason the elderly and other motion-restricted residents (whose voter > registration is current) do not get to vote is due to a lack of > transportation to town meeting/polling location. > > Decades ago, I and others drove Ford Econoline Vans and Family Vans around > town to pick up such residents. I do not know what has happened to that > effort. > > Thank you. Jeffrey L. > > On Fri, Dec 1, 2023, 12:44 PM Adam M Hogue wrote: > >> Unfortunately they can’t vote. Our voting laws in this town do not allow >> for all voices to be heard and do not allow equal access to voting. >> >> *Adam M Hogue* >> *Cell: **(978) 828-6184 <(978)%20828-6184>* >> >> On Dec 1, 2023, at 12:27 PM, Terri via Lincoln >> wrote: >> >> >> Hello Friends, >> >> Does anyone know how residents such as the elderly or disabled are able >> to vote tomorrow? >> I am pretty sure we can all agreetheir voices are most important. >> >> I see the question was asked several times here on LT.but no answer. >> I do not see it on Town Web site (?) >> >> Thank you, >> Terri K >> >> >> >> -- >> The LincolnTalk mailing list. >> To post, send mail to Lincoln@lincolntalk.org. >> Browse the archives at >> https://pairlist9.pair.net/mailman/private/lincoln/. >> Change your subscription settings at >> https://pairlist9.pair.net/mailman/listinfo/lincoln. >> >> >> >> -- >> The LincolnTalk mailing list. >> To post, send mail to Lincoln@lincolntalk.org. >> Browse the archives at >> https://pairlist9.pair.net/mailman/private/lincoln/. >> Change your subscription settings at >> https://pairlist9.pair.net/mailman/listinfo/lincoln. >> >> -- > The LincolnTalk mailing list. > To post, send mail to Lincoln@lincolntalk.org. > Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/ > . > Change your subscription settings at > https://pairlist9.pair.net/mailman/listinfo/lincoln. > On Fri, Dec 1, 2023 at 4:18 PM Sarah Liepert wrote: > Dear LT, > > Please scroll down to see the reply of Town Administrator Tim Higgins, > which I am sharing per his request. He includes the opinion of Town Counsel > regarding the matter. > > Above it, you will see my response to Jane Marie, advising her of Mr. > Higgins's response. > > Importantly, the Massachusetts AGO (Attorney General's Office) is not in > agreement with the opinion of the Town of Lincoln's Town Counsel. > > You may contact Bethany Brown, ADA Coordinator at the Massachusetts > Attorney General's Office, at 781-429-9286. You may also document your > concerns with her. She is copied on this email as well. > > All best, > > Sarah Liepert > Trapelo Rd. > > -- > *From:* Sarah Liepert > *Sent:* Friday, December 1, 2023 10:57 AM > *To:* Jane Marie ; bethany.h.br...@mass.gov < > bethany.h.br...@mass.gov> > *Cc:* Pereira, Dan ; Hutchinson, Jim < > jhutchinsonsel...@lincolntown.org>; Cannon Holden, Sarah < > sarahcannonhol...@gmail.com>; Higgins, Timothy S. < > higgi...@lincolntown.org> > *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
Re: [LincolnTalk] Fw: Your request for Reasonable Accommodation at Special Town Meeting Re: Voting on Saturday
I also personally feel my rights are being violated under the equal rights law in MA. We have a bunch of lawyers in town maybe we can sue Lincoln and bring change and name the town administrators and town board. Adam M HogueCell: (978) 828-6184On Dec 1, 2023, at 4:18 PM, Sarah Liepert wrote: Dear LT, Please scroll down to see the reply of Town Administrator Tim Higgins, which I am sharing per his request. He includes the opinion of Town Counsel regarding the matter. Above it, you will see my response to Jane Marie, advising her of Mr. Higgins's response. Importantly, the Massachusetts AGO (Attorney General's Office) is not in agreement with the opinion of the Town of Lincoln's Town Counsel. You may contact Bethany Brown, ADA Coordinator at the Massachusetts Attorney General's Office, at 781-429-9286. You may also document your concerns with her. She is copied on this email as well. All best, Sarah Liepert Trapelo Rd. From: Sarah Liepert Sent: Friday, December 1, 2023 10:57 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 discussed above authorized remote representative town meetings, but not hybrid representative town meetings. The legislation extending such relief now states clearly that hybrid remote town meetings, i.e., with some people participating in person and
