Delta Variant Prompts Concerns About New RI In-Person Open Meeting Rules

This article is reprinted with permission from RINewsToday

July 24, 2021/RINewsToday

Exclusive to RINewsToday

By Bob Cooper, Executive Secretary, RI Governor’s Commission on Disabilities

Cooper Photo Courtesy RINEWSTODAY

Friday July 23rd was the last day people with underlying health conditions that increase their risk of severe COVID-19 complications are able to safely participate on local and state government boards and commissions, via the telecommunication devices (Zoom, MS Teams, telephone).

The COVID Executive Order that allowed the use of telecommunication devices by members of local and state government boards and commissions expired.

Within the community of people with disabilities, there is fear of going back to in-person meetings while the COVID Delta Variant is present and is capable of infecting already vaccinated people.

Do we resign from a government board to protect our health? Do we take the chance that everyone attending a meeting is not only vaccinated but hasn’t become a “breakthrough” carrier?

“From a nurse’s viewpoint and a member of the Governors Vaccination committee, I am opposed. I would not have felt this way at the beginning of July, but have since reconsidered it. With the numbers soaring again, it will endanger people who could be vulnerable. Your group [Governor’s Commission on Disabilities] is a perfect example of that vulnerability. Many people fearful of this escalation will not attend as they would on Zoom. Again it would be harmful to rescind this order” said Kathleen Heren, Rhode Island State Long Term Care Ombudsman.

Deb Kney of Advocates in Action observed, “The fact is, there’s really no way to know who is vaccinated, and who isn’t, so why risk people who may have compromised immune systems? I say that from a professional point of view, but also as someone who’s immunocompromised. I also know from experience over the previous year that we’ve had a higher attendance rate at public meetings than in previous years with in-person meetings. If nothing else, Zoom helped us take on that age-old LACK OF TRANSPORTATION issue that so many of the people we work with, and for, are forced to deal with day to day.”

Tina G. Pedersen, RAMP (Real Access Motivates Progress, President / CEO / Founder said, “I believe there should be a hybrid model, for I see pros and cons on either side. I also think it should be a guideline of space for meetings. Example, the conference room at the GCD (Governor’s Commission on Disabilities) does not allow space to distance with all of us [present] and mobility devices. With the Delta Variant, and some unvaccinated, this is a very big risk to some.”

The Governor’s Commission on Disabilities has limited authority to “[g]rant a waiver that allows a member to participate by electronic communication or telephone communication only if the member’s disability would prevent him/her from being physically present at the meeting location, and the use of such communication is the only reasonable accommodation”.

The Commission is seeking comments as it develops guidance regarding the medical conditions that would not allow a member of a public body from attending meetings “solely by reason of his or her disability” from participating at a meeting of a public body due to the heightened risk of exposure to attendees who may be COVID-19 positive.

Since the Executive Order expires Friday, 7/23/21, please submit comments to Bob Cooper, via email, bob.cooper@gcd.ri.gov; fax 401-462-0106, or mail John O. Pastore Center, 2 Cherry Dale Court, Cranston, RI 02920-3049, by Wednesday 7/28/21.

Bob Cooper, Executive Secretary, RI Governor’s Commission on Disabilities

Background

Governor McKee’s Executive Order 21-72 expired on July 23rd and virtual or teleconference meetings will no longer be allowed. Public bodies must return to meeting in-person in accordance with the Open Meetings Act.

Starting Saturday, July 24th, ALL public bodies (public boards and commissions) MUST meet fully in-person, to stay compliant with the Open Meetings Act.

Public bodies can livestream their meetings while meeting in-person. However, a member of a public body cannot join their meeting virtually, even if the public has formal access to the meeting in public and virtually.

Regarding testimony, public bodies may permit virtual testimony. However, if the public body does permit virtual testimony, it must also permit in-person testimony.

Filing requirements for meeting agendas and minutes remain the same. Contact for more details and questions: Public Information team at: opengovernment@sos.ri.gov or (401) 222-3983.

To read open meetings guidance from the Office of the Attorney General of Rhode Island, click here.

Judge Asks Olmstead Monitor To Confer With RI DD Community About Impact Of Coronavirus

By Gina Macris

Chief Judge John J. McConnell, Jr. of the U.S. District Court in Rhode Island has asked the independent monitor for a 2014 consent decree to advise him on ways the Court can respond to the needs of adults with developmental disabilities and their families and lessen the burden on the developmental disability service system in light of the COVID-19 public health crisis.

Recently, McConnell ordered the monitor, A. Anthony Antosh, to work with state officials, service providers, and the community to come up with a plan by August for implementing the civil rights consent decree, which requires an emphasis on jobs and integrated non-work activities in the community in accordance with the Olmstead decision of the U.S. Supreme Court.

But the latest order, issued March 18, asks Antosh to speak with the same groups of people, in part to “lessen the administrative burden on providers and the State.”

In its entirety, the order says: “Recognizing the difficulties posed to the families, providers, and the State by the public health crisis from the COVID-19, the Court requests that the Court Monitor engage in conversations with the State, providers, family advocates, and the DOJ to make recommendations to the Court on orders that could (1) lessen the administrative burden on providers and the State; (2) assist class members and their families in maneuvering the system and ensuring essential services; (3) any other recommendations the Court Monitor deems appropriate.”

In other news:

• The Department of Behavioral Healthcare, Developmental Disabilities and Hospitals shared a link for those who wish to sign up to get departmental bulletins via email. It is here: https://visitor.r20.constantcontact.com/manage/optin?v=001eqFath_w1XkYArH2x0GW8bc7GVDqsDyWPJIEAFzZva8gz_TPfL5twTJBMX31wroDseZVoKARm5p2-EIVxblCOz0_xHCYHhe-czFB5H3Zw4I%3D

• The Governor’s Commission on Disabilities has prepared a resource guide on the coronavirus, COVID-19. It can be found by clicking here .