REASONABLE ACCOMMODATION POLICY FOR PUBLIC PARTICIPATION AT
MEETINGS SUBJECT TO THE BROWN ACT
Background and Purpose
Government Code Section 54953.8(b)(8) of the Ralph M. Brown Act, commonly known as the “Brown Act,” requires that all public agencies have and implement a written procedure for receiving and swiftly resolving reasonable accommodation requests for individuals with disabilities, consistent with the federal Americans with Disabilities Act (“ADA”) of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.
Requests may be made by any individual that participates in or conducts the meeting, such as members of the public, staff, and m embers of the legislative body. Requests, however, for members of the legislative body for remote participation at meetings subject to the Brown Act should refer to the separate policy adopted by the City of Fairfield (the “City”).
The purpose of this p olicy is to ensure compliance with the Brown Act and to provide a written procedure for receiving and swiftly resolving reasonable accommodation requests for public participation at City of Fairfield meetings subject to the Brown Act , consistent with the ADA, and resolving any doubt in favor of accessibility.
Readily Available Accommodations
Any of the following accommodations can be provided for a publicly -noticed City meeting or meetings open to the public pursuant to the Brown Act, upon request:
Agendas and staff reports : Upon request, any agendas or staff reports can be made available in appropriate alternative formats to persons with a disability, including hyperlinks where appropriate so that the user can access the linked information.
For individuals with hearing loss: Qualified interpreters on-site; assistive listening devices; or voice and video-based telecommunications products and systems.
For individuals with visual impairments : Qualified readers; audio recordings; or large print materi als. Electronic agendas should be compatible with the screen readers that are commonly used by those who are visually impaired.
For individuals with mobility impairments : ADA accessible facilities, including ramps to access council chambers; Zoom/telephone access.
Additional Accommodations (Upon Request)
Individuals who are deaf or hard of hearing, who are blind or have low vision, have mobility impairments, or have any other disability, may also request accommodations other than those readily available using the process outlined below. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. Note that an accommodation will be considered
to be unreasonable and will not be provided if it imposes undue financial or administrative burdens on the City, or requires a fundamental alteration in the nature of a program. If a particular accommodation is unreasonable, the City will of fer an alternative accommodation that is reasonable.
Process to request an additional accommodation:
1. If you have an additional accommodation that is not identified above, please submit a request for such accommodation as soon practicable and at least 48 hours prior to the meeting or time when services are needed. The sooner the request is made, the more likely it is that the City can provide the accommodation or an alternative. You can make this request yourself, or someone can make it on your behalf with your permission.
2. Your request can be made orally or in writing, and you should submit it to the City Clerk’s Office so as to avoid delay in reviewing and processing the request.
Requests can be made by contacting City Hall at (707) 428 -7384, via email to [email protected], or by mailing such a request to the City Clerk’s Office at 1000 Webster Street, 4 th Floor, Fairfield, CA 94533 . Note that if you contact the City Clerk’s Office via mail, you need to make the request early enough that a response can be timely provided.
3. Your request for an accommodation must provide the following information:
(a) What accommodation are you seeking? The City needs to know the type of accommodation you are seeking, and/or how the accommodation will allow you to access and participate in the meeting. You are not required to disclose the particu lar disability; a general statement of explanation will suffice. You may, but are not requi red to, submit a letter from a physician to the effect that the requested accommodation is required for you to access and participate in the meeting.
(b) What is your contact information? You must give staff current contact information so they can res pond in a timely manner. This can be a mailing address, an email address, or telephone number, for example. Note that if only a mailing address is provided, you need to make the request early enough that a mailed response can be timely provided.
(c) Which meeting or meetings? Please specify if the accommodation is requested for a specific meeting, or for all or a series of meetings before a particular body. Please provide the name of the legislative body (for example, the City Council, the Planning C ommission), and the dates of the meeting or meetings for which you are requesting an accommodation.
Procedures for City Staff:
1. Any staff member who receives, or believes they may have received, an accommodation request, will promptly relay the request and the requestor’s contac t information to the City Clerk’s Office.
2. The City Attorney’s Office may be requested to a ssist in the review of requests and assist staff in providing a response to the requestor as soon as practicable.
3. All rea sonable accommodation request responses shall be provided in writing, when such written response can be transmitted in a timely manner prior to the start of the specific meeting. Otherwise, the response will be provided orally. Responses will identify whether the accommodation is granted or granted in the alternative, and any instructions necessary to access the accommodation. If denied, the response will identify the grounds for denial. City staff will document requests and responses provided orally.
4. The law requires that all doubt be resolved in favor of accommodations.
Staff will make reasonable efforts to communicate with requestors to obtain clarifications or to discuss whether alternative accommodations will be viable.