Loading...
HomeMy WebLinkAboutMINUTES - 08171993 - H.3 (2) H. 3a FROM: Perfecto Villarreal, Director Social Service Department DATE: August 17, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY ELLIOTT DAVIS-MARTIN SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Elliott Davis-Martin's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on June 17, 1993. The Hearing was scheduled for July 19, 1993. Claimant did not appear for the Hearing, and the claim was dismissed. Signature: ACTION OF BOARD ON August 17 , 1993 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal of General Assistance Evidentiary Hearing decision by Elliott Davis-Martin. Jewel Mansapit, General Assistance Program Analyst, appeared. The appellant did not appear. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT III ) AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED August 17 , 1993 PHIL BATCHELOR, CLERK OF THE BOARD OF cc: Social Service Dept. SUPERVISORS D COUNTY ADMINISTRATOR Appeals Unit Program Analyst BY ° DEPUTY County Counsel ' County Administrator Elliott Davis-Martin CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: July 29, 1993 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SUBJECT:Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Elliott Davis- Martin Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing, plus any information which your department may wish to file for the Board appeal which is set for 2 :15 p.m. on Tuesday, August 17, 1993 . Attachment CC : Board members County Administrator County Counsel The Board of SuperviorsContra • Clerk of and County Administration BuildingCOC�tCounty Administrator 651 Pine St., Room 106 Costa (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District Gayle Bishop,3rd District 4t c• Sunne Wright McPeak 4th District •is Tom Torlakson,5th District n ;< July 29, 1993 Mr. Elliott Davis-Martin 3001 Pullman, #101 Richmond, CA 94804 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 . 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 : 15 p.m. on Tuesday, August 17, 1993 . In accordance with Board of Supervisor Resolution No. 75/28, your written presentation and all relevant material pertaining to the appeal must be filed with the Clerk of the Board (Room 106, County Administration Building, 651 Pine Street, Martinez) at least one week before the date of the hearing. Your attention also is directed to the other provisions of said Resolution (copy enclosed) which set forth the General Assistance Appeal procedure . Very truly yours, PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By--I 0 �� o eivelli, eputy Clerk Enclosure cc : Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator BOARD OF S" "RVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Re: General Assistance ) Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14 , 1975) The Contra Costa County Board of Supervisors RLSOLVE,S THAT: Appeals from decisions of the Social Service Department 's Complaints and Appeals Division regarding General Assistance are made to the Board of Supervisors pursuant to board of Supervisors Resolution 74/365; and this Board therefore estab lishes these uniform procedures for. such appeals, effective today. 1. A written appeal must be filed with the Clerk of. the Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department 's Complaints and Appeals Division. 2. both the Appellant (the General Assistance applicant or recipient) and the Respondent (the Social Service Department) must file all written materials at least one week before the date set for Board hearing, of the appeal. 3. Upon hearing of the appeal , the Board shall make any required fact determinations based .on the record on appeal . This record shall include the Department's Hearing Officer's fact findings, plus any papers filed with that ,Offleer. The board will not allow the parties to present new facts at time of appeal , either orally or in writing, and any such presentation will be - disregarded. If the .facts upop which .;he. appeal is based are not in dispute, or if any. disputed,SjLpts1;are` not relevant to the issue ultimately to be decided by the Soard•, the hoard will proceed immediately to the next •step•tiXLthout ;considering fact questions. The parties may stipulate ,to'`an agreed set of facts. 4. Once the facts are determined, or if there are no fact determinations required :by' ttigUrl)t81, the Board will consider legal issues -presented- by-`the. -ap;bal. Legal issues are to be . framed, insofar as possible, before the hearing and shall be based on the Department 's Hearing Officer's decision- and such other . papers as may be filed. Appealing parties may make 'legal arguments both by written. brief and orally before the..Boardd , If the issues are susceptible of immediate resolution, the Board may, if it desires , immediately decide them at the appeal hearing. If the County Counsel's ad- vice is needed on legal questions', the Board will take the matter' under submission, reserving its final judGment until It receives such advice. -1- RESOLUTION NO. 75/28 ' t' 5. If the Board's tentative decision is adverse to the appellant, the Board may modify or reverse its tentative con- clusion for policy reasons, insofar as such modification is not Inconsistent with law. Such action may be taken when the Board, In its discretion, determines it -to be necessary to moderate or eliminate unduly harsh effects that might result from strict application of law or regulation. The Board may also determine that its policy for similar future cases is to be modified in accordance with Its decision. Unless so stated, a decision shall have no precendential effect on future cases . G. Having made factual determinations , having received advice on the legal issues, and having applied policy consYdera- tions , the Board will in due course render its decision. The decision will be in writing, stating findings of fact if any have been made, and summarizing the reasoning of the decision. The .• ' Board may direct the County •Counsel ,to draft a proposed decision for its consideration. 7. The Board may contract w.ith :a hearing officer, who shall be a member of the California Bar, to act on its behalf in con- ducting General Assistance appeals . The Board 's Nearing Officer shall follow steps . l through s4 •above,,. and shall recommend .a proposed decision,, stating findings or fact and summarizing the reasoning of the proposed decision. The Board then will in its discretion, adopt the proposed decision, adopt a modified de- cision in accordance with step 5 above, or reject the proposed decision and render an independent decision based on its own Interpretation of the record on appeal and applicable law. PASSED on January 111 , 1975, unanimously by the Supervisors present. I • I EBATI m COPY I Certify that this is a full, true ! eorrect copy of the original document which is on file in my offlee. and that it was passed • adopted by the Board of supervisors of Contra Costa County. Calufornia, on the date shown.ATTEST: J. R. OLSSON, County Clark t esofficlo Clerk of said board of supervisors, by Deput Clerk. on -IAN i 4 1975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator Social Service DEartAnt Contra Please reply to: Costa 40 Douglas Drive Perfecto Villarreal Martinez,California 94553-4068 Director County V I.S EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #07-495756-W4JB Date of Notice: 6/3/93 Mr. Elliott Davis-Martin Date of Action: 6/30/93 3001 Pullman, #101 Filing Date: 6/17/93 Richmond, CA 94804 Hearing Date: 7/19/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for July 19, 1993 . Claimant was duly notified of the date, time and place of Hearing via letter June 24, 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. if you are dissatisfied with the order of this Decision, you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553 . Appeals stust be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. Date: July 21, 1993 Ken Adams Social Service Appeals Officer KA:gs klbld AA-)- Lot 17 T I � d r ' R RECEIVED JUL 2 810 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. \1 Social Service DepartRentContl ra Please reply to: • 40 Douglas Drive Director Perfecto Villarreal- = -- Costa y� Martinez,California 94553-4068 County 5 � • G, f T4 COUK� EVIDENTIARY HEARING DECISION: NOTICE OF DIiSMISSAL IN THE MATTER OF: County #07-495756-W4JB Date of Notice: 6/3/93 Mr. Elliott Davis-Martin Date of Action: 6/30/93 3001 Pullman, #101 Filing Date: 6/17/93 Richmond, CA 94804 Hearing Date: 7/19/93 Aid Paid Pending? YES STATEMENT OF FACTS. An Evidentiary Hearing was scheduled for July 19, 1993 . Claimant was duly notified of the date, time and place of Hearing via letter June 24 , 1993. Claimant failed to appear for the Evidentiary Hearing; no . postponement was requested. REASONS FOR THE DECISION Department Manual ,3ecticn 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a,; postponement, the claim may be dismissed. The originally proposed,,�a.ction."shall take ;,place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision, you may appeal .the . matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine ` Street, Martinez, 94553 . Appeals must be filed within fourteen (14) clays of the date ofUthe Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. Date: July 21, 1993 Ken Adams 'Social Service Appeals Officer KA:.gs 144 1' r RECEIVED .JUL 2 8 10 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. H FROM: Perfecto Villarreal, Director V Social Service Department DATE: August 17, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY MICHAEL JOHNSON SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Michael Johnson's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on June 7, 1993. The Hearing was scheduled for July 6, 1993. The claim was denied. Signature: ACTION OF BOARD ON August 17, 1993 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal of General. Assistance Evidentiary hearing decision by Michael Johnson. Jewel Mansapit, General Assistance Program Analyst, appeared. The appellant did not appear. IT IS BY THE BOARD ORDERED that the above staff recommendation is APPROVED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT III AYES: NOES: ABSENT: ABSTAIN: — I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED August 17 , 1993 PHIL BATCHELOR, CLERK OF THE BOARD OF cc: Social Service Dept. SUPER ISOR AND C UNTY ADMINISTRATOR Appeals Unit Program Analyst BY , DEPUTY County Counsel County Administrator Michael Johnson -- - -- - .- CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: July 29, 1993 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SIIBJECT:Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Michael Johnson i Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing, plus any information which your department may wish to file for the Board appeal which is set for 2 :15 p.m. on Tuesday, August 17, 1993 . Attachment cc : Board members County Administrator County Counsel I i The Board of SupervigrsContra Phil Batchelor Clerk of the Board and County Administration BuildingCota County Administrator Costa 651 Pine St, Room 106 s (510)646-2371 Martinez, California 94553 County r, Tom Powe1st District Jeff Sn flh,2nd District E............ Gayle Slahop,3rd District i;' °! Sunne Mhlpht McPeak 4th District .. Tom Torlakson,5th District July 29., 1993 rpq.=OV. Michael Johnson 2677 Rollingwood Drive #31 San Pablo, CA 94806 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 . 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 :15 p.m. on Tuesday, August 17, 1993 . In accordance with Board of Supervisor Resolution No. 75/28, your written presentation and all relevant material pertaining to the appeal must be filed with the Clerk of the Board (Room 106, County Administration Building, 651 Pine Street, Martinez) at least one week before the date of the hearing. Your attention also is directed to the other provisions of said Resolution (copy enclosed) which set forth the General Assistance Appeal procedure. Very truly yours, PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By 0,&4,.WO. An Cervel i, Deputy Clerk Enclosure CC: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator ' , CALIFORNIA BOARD OF �RVISORS OF CONTRA COS1A COU1� :. Re: General Assistance ) Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14 , 1975) The Contra Costa County Board of Supervisors RESOLVES THAT: Appeals from decisions of the Social Service Department 's Complaints and Appeals Division regarding, General Assistance are made to the Board of Supervisors pursuant to Board of Supervisors Resolution 74/365; and this Board therefore estab lashes these uniform procedures for- such appeals, effective today. 1. A written appeal must be filed with the Clerk of the Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department 's Complaints and Appeals Division. 2. Both the Appellant (the General Assistance applicant or recipient) and the Respondent (the Social Service Department ) must file all written materials at least one week before the (fate set for Board hearing, of the appeal. 3. -Upon hearinC of the -appeal , the Board shall make any required fact determinations based .on the record on appeal . This record shall include the Department's Hearing Officer's fact findings, plus any papers filed with that ,Officer. The Board will not allow the parties to present new facts at time Of appeal , either orally or in wrltinr, and any such presentation will be - disregarded. If the .facts upop which .xhe.appeal is .based are not in dispute, or if any. dispute.d..rjtCt3;;are` not relevdnt to the issue ultimately to be decided by .the Eoard•, the hoard will proceed Immediately to the next ,step•%,wLthout ;considerinP fact questions. The parties may stipulate ,to•.an dgreed Bet of facts. 4. Once the facts are determined, or if there are no fact' determinations required.:tiy' tti414t)t81, the Board will consider legal issues -presented- by `thw -ep;tal. Legal issues are to be . framed, insofar as possible, before the hearing and shall be based on the Department's Hearing Officer's decision- and such other . papers as may be filed. Appealing parties may make legal arguments both by written brief and orally before the..Board. , If the issues are susceptible of immediate resolution, the Bodrd may, if it desires , immediately decide them at the appeal hearing. If the County Counsel's ad- vice is needed on legal questions' the Board will take the matter' under submission, reserving its final JudGment until It receives such advice. -1- RL•SOLUTION NO. 75/28 .I� J 5. If the Board's tentative decision is adverse to the appellant, the Board may modify or reverse its tentative Con— clusion for policy reasons, insofar as such modification is not Inconsistent with law. Such action may be taken when the Board, In its discretion, determines it -to be necessary to moderate or eliminate unduly harsh effects that might result from strict application of law or regulation. The Board may also determine that its policy for similar future cases is to be modified in accordance with its decision. Unless so stated, a decision shall have no precendential effect on future cases . G. Having made factual determinations , having received advice on the legal issues, and having applied policy cons'idera- tions , the Board will in due course render its decision. The decision will be in writing, stating findings of fact if any have been made, and summarizing the reasoning of the decision. The • . Board may direct the County •Counsel ,to draft a proposed decision for its consideration. � y ' 7. The Board may contract- w.ith :a bearing officer, who shall . be a member of the California Bar, to act on its behalf in con- ducting General Assistance appeals . The Board 's Hearing Officer shall follow steps 1 through �4 ,above., and shall recommend a proposed decision,, stating findings o� fact and summarizing the reasoning of the proposed decision. The Board then will in its discretion, adopt the proposed decision, adopt a modified de- cision in accordance with step 5 above, or reject the proposed decision and render an independent decision based on its own interpretation of the record on appeal and applicable law. j PASSED on January 111 , 1975, unanimously by the Supervisors present. i MTIFM COPY I eeruty that this Is a tun, true ! correct copy of the orlslnal document which L on file In my office, and that It was passed ! adopted by the Board of supervisors of Contra Costa county, Cautornla, on the date shown.ATTEST: J. R. OLSSON, County Clerk!e:offlelo Clerk of said Board of supervisors, by Deput Clerk. e>njAN141975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator Please re ply to: 3,0cla, Service Department Contra C) AP"SIS COsta (510) 313-1790 PiErfecto-Villareal 40 Douglas Dr. Director County Martinez., Ca. 94553 GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION Hearing Date: p ��Z4� Ap ealsOfficer: Place of Hearing: 0 Martinez 0 Antioch, &Atclm-and The proceeding was tape recorded and all testimony and evidence was accepted under penalties of Perjury. IN THE MATTER OF Case#07- e Filing Date: Aid Paid Pe Ing Hearing es 0 No Date of Notice: jp-,oi Effective Date of Action: PRESENT:-. C3�1nant' 6-tounty Representative(s): s. 0Authorized Repreientative(s): 0 Witness(es): 0 Other: ACTION UNDER APPEAL: 0 Denial a-isi-S'C'ontinuance 0 Application Date �ffective Date 0 Notice cifAction &-g-0-tice of Action 4-41e(lod of Ineligibill ly ISSUE: a-f-m-'Ployrnent Requirements ❑ Unemployability Requirements 0 Employability Asse-,smelll 0 Medical Verification C) Job r( Unemployability fare 0 AIRS assessment and parliopallon Job Quit/111vo luf 011ie( 0 Otlwl r-1 Good Caise GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION (cont'd.) R(SDICnON (DM 49-760; QM 49-701): Tiy filing of Appeal O e 0 Challenge only to Regulation Untimely Filing of Appeal . 0 Issue outside Scope of Program Period Expired: 0 Good Cause 11DENCE CONSIDERED: ant Testimony J��C im Documentary "�"rr a-D-�c, ' County Testimony 0-G--A 34 Cooperation Agreement Document Date: 0 Assessment Appointment Notice 0 Work Programs Noti Er6her: 11SPOSITIONAL FINDINGS/CONCLUSION: The evidence and testimony having been heard and considered,the following findings are reached: a an IV I,receive notice of the particular assignment under review aim ant t capable of understanding and meeting the particular assignment under review:::: 0 'Etional G Physical 0 Emotional (DM 49-102 If 6.) 00e�d Cause (DM 49-111 It F) 0 Good Cause Exists "G Cause Does Not Exists 0 Employment has been obtained 0 Scheduled Job interview or Testing C) Mandatory Court Appearance 0 incarceration C) Illness 0 Death in the family 0Circumstances beyond ApplicanUReciptent's control illfulness (DM 49-111 0 H) 0 Willfulness Exists C] Willfulness Does Not Exists [] failure was deliberate and intenoonal 0 County rescinded willfulness determination 0 Failure was more than a songlem(wren(e 0 County failed to provide sufficient evidence to rl ir:kill-rPwit rhe result ofintent4onalmistake/omission establish willfulness TA GENERAL ASSISTANCE EVIDENTIARY HEARING DEPS) ION(cont1d) SUMMARY OF FACT AND STATEMENT OF THE EVIDEw0v--. The matter under dispute is a June 1, 1993, Workfare assignment. It is beyond dispute that the claimant attended this assignment and that he appeared on time. What is under dispute is the claimant's demeanor, behavior, and comportment on June 1, 1993. It is the contention of the County that the claimant was not cooperative. The County offered into evidence a copy of the Record of Contact which contains an entry which states in part, "Crewleader states client refused to be assigned work when they gave him a light-duty assign- ment. He complained all. day, threatened to sue the County and used abusive language and racial remarks-" In addition the County submitted a form, Work Programs Placement and Attendance Record, which contains a notation: "Re: Michael Johnson please reevaluate this worker as he gave everybody a very hard time. He has a bad attitude towards work and is threatening to sue the County if we make him work hard. Generally unemployable. Racial remarks were made. A. G. 11 The claimant's position was that he did not engage in unacceptable behavior on June 1, 1993, and that the County was mistaken in its treatment of him. The claimant implied that he is the victim of mistaken identity: The claimant also attempted to resurrect several past hearings, grievances, and assignments. The claimant insisted that all. his problems are to be reconsidered anew at each and every hearing. The claimant also attempted to reconstruct numerous snippets of conversation overheard on June 1, 1993, and attempted to charac- terize hirself as the unwitting victim of various individuals and/or groups who have refused to .help him. The claimant's approach to his hearing, which appeared to be an attempt to widen the scope of the hearing to include each and every incident and event that has occurred to the claimant in the past six months/cannot be permitted. Instead the scope of the hearing is restricted to the NOA of June 7, 1993, and its proposed action. As to the claimant's position that he has been mistaken for someone else, there is no evidence shown that such a thing has occurred in this instant case. It may be true that some identity confusion has taken place in the past, but the occurrence of some past confusion does not automatically, and in a general fashion, without some specific connection to this event, invalidate the proposed action on the NOA of June 7, 1993. The material presented into evidence by the County (the record of contacts dated June 1, 1993 , which records in a hearing fashion what V. Stewart heard from the crewleader; the note dated June 1, 1993, initialed by the crewleader; and the statement from the County dated July 13, 1993, confirming that Anthony Garmendia was the crewleader) all have a common thread that speaks to the fact that the claimant on the date in question was not cooperative and did not meet the terms of the agreement. The weight of evidence against the claimant is too great to allow him to attempt to dismiss all County efforts with no substantial proof. In addition the claimant's demeanor at hearing also tended to confirm the County position, that is the claimant is argumentative, bellicose, and defensive. The claim is denied. CAC 23{revised 6192} GENERAL ASSI APTCE EVIDENTIARY HEARING D ZSION(cont'd) ORDER: � �, cla' enied: ❑ Claim Dismissed: Aid shall be discontinued and the Period of Ineligibility imposed. ❑ Aid shall be discontinued. The Period of Ineligibility shall be expunged from the record. Claimant may reapply at any time. ❑ Claim Granted: 0 General Assistance shall be restored. The proposed discontinuance is reversed. The Period of Ineligibility shall be expunged from the record. ❑ Other: ❑ Written copies of the Order were issued by ❑ mail ❑ at Hearing ❑ Additional Regulatory Authority was attached to the foregoing Order /7 Pr ram ana r / Date Assistant Director Date If you are dissatisfied with this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Room 106, Martinez, CA 94553. Appeals must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. ;J X , I Kv- AppeoLl PJB QXLZC- A(S Man Ker A Gave � e � • ��-Gc�ilu%( ,mss-► '2 ,� D JUL 2 6 1993 ro<<rR i SOCIAL SE:'"" �_: ;_ MEVTAVE. 3431 t• AVIA RICHM CAC 23(revised 6/921 Contra Costa County• ROUT LIP Sociai Service Department TO: PCN: DAT 4�2 S PletrIlRoad, heck Correct Address E] 30 M Martinez ❑ 40 Douglas Dr., Martinez ❑ 1340ArnoldDrive#220,Martinez ❑ Administration (Training/Appeals) ❑ Area Agency on Aging ❑ 2500 AlhambraAve.,Martinez ❑ ❑ 4545 Delta Fair,Antioch ❑ 100 Glacier Dr., Martinez ❑ 3431 MacdonaldAve.,Richmond (Lion's Gate) ❑ 1305 Macdonald Ave.,Richmond ❑ 2301 Stanwell Dr.,Concord ❑ 3045 Research Dr., Richmond (Centralized Closed Files) ❑ 3630 San'Pablo Dam Rd., EI Sobrante ❑ 2450 A-Stanwel I Dr.,Concord ❑ 525 Second Street, Rodeo (YIACT) ❑ 330-25th Street, Richmond(PIC) OTHER DEPARTMENTS MARTINEZ ❑ Auditor/ ntro r g�9g) DA Family Support ❑ County Administrator ❑ Welfare ectio. ❑ _ ❑�DA,_nvesfigations i Risk Manaqement ❑ Health Servi-es ct-�'Data Processing Services Count Counsel ❑ County Hospital C3CJ`-,- �`` V ` ❑ Y ; j -❑ Probation ❑ Public Defender(ADO) ❑ Ward �`' ❑ Purchasing ❑ County Personnel ❑ CCC Health Plan-. p ❑ CONCORD WALNUTCREEK RICHMOND JUVENILE COURT ❑Central Services ❑Office of Revenue Collection ❑Public Defender ❑ Antioch ❑Public Defender ❑ ❑ ❑ Richmond ❑ i ❑ Martinez OTHER: 0:94wd A ❑ Requested FOR ❑ Necessary Action NOTE & ❑ Return ❑ Discussed ❑ Information ❑ Discard ❑ Recommendation ❑ File ❑ Approval/Signature A [OMMENTS =ROM: PCN: TELEPHONE NUMBER R 2(Rev.2/92) ❑ SEE REVERSE FOR ADDITIONAL COMMENTS �-Ociai Service DepartmentPleo,,e reply to: Cont ra 0 Appeah (510) 313-1790 Perfecto-Villareal Costa 40 Douglas Dr. 'Director Coun�y Martinez, Ca. 94553 GLEVERAL ASSISTA14CL WREN-flARY HEARING DECISION Appeals Officer: Hearing Date- 14 -�7 Place of Hearing: 0 Martinez [Richmond The proceeding was tape recorded and all testimony and evidence was accepted under penalties of peri u ry. IN THE MATTER OF: Case#07- Filing Date: f Aid Paid PendingHearingg-re-s C] No Date of Notice: Effective Date of Action: PRESENT:-.. al-a-airnant' 6Representative(s):-6-U-nty ❑ Authorized Representative(s)- 0 Witness(es): 0 Other: ACTION UNDER APPEAL: 0 Denial 0-16i'scontinuance 0 Application Date g-tfffiective Date C] Notice of Action a-9-0jceof Action B-Perlod of Ineligibility ISSUE: mployrnent Requirements ❑ Unemployabilfly Requirements ❑ ErriployabilitVAssewneni 0 Medical Verification C] UnemployabilityAssessment 14�orkfa(e 0 AIRS assessment and par-wipation Ej Job Quit/I ifeo 1(j, 0 Qtlter ,9 Good Ca-r-- GENERAL ASSISTANCE EVIDENTIARY HEARING DECIS.ION (cont'd.) RISDIg!ON (DM 49-700; DM 49-701): �Ti '�iy Filing of Appeal 0 Challenge only to Regulation i untimely Filing of Appeal : issue Outside Scope of Program Period Expired: 0 Good Cause /IDERCE CONSIDERED : C imant Testimony Documentary County Testimony , Er-G-*A 34 Cooperation Agreement Document Date: 31- ❑ Assessment Appointment Notice ❑ Work Programs Noti 13--tther: 45POSITIONAL FINDINGS/CONCLUSION The-evidence and-testimony having been heard and considered,the following findings are reached: ! imani a t receive notice of the particular assignment under review almant a t capable of understanding and meeting the particular assignment under review:. E tiona7 I G Physical C] Emotional (DM 49-102 If B.) i 005L Cause (DM 49-111 if F) 0 Good Cause Exists "G Cause Does Not Exists D Employment has been obtained ❑ Scheduled Job Interview or Testing ❑ Mandatory Court Appearance C] Incarceration E] Illness 0 Death in the Family ❑ Circumstances beyond Appkant,/Reoplent's control illfulness (DM 49-1 11 11 H) E] Willfulness Exists ❑ Willfulness Does Not Exists El Failure was deliberate and intentional [] County rescinded willfulness determination 0 failure was more than a single occurrence D County failed to provide sufficient evidence to M $:.-%"Ili,rpwas rhe result ofinientfonalmistake/omission establish willfulness GENERAL ASSISTANCE EVIDENTIARY HEARING DESION(contI.d) SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE: The matter under dispute is a June 1, 1993, Workfare assignment. It is beyond dispute that the claimant attended this assignment and that he appeared on time. What is under dispute is the claimant's demeanor, behavior, and comportment on June 1, 1993 . It is the contention of the County that the claimant was not cooperative. The County offered into evidence a copy of the Record of Contact which contains an entry which states in part, "Crewleader states client refused to be assigned work when they gave him a light-duty assign- ment. He complained all day, threatened to sue the County and used abusive language and racial remarks- " In addition the County submitted a form, Work Programs Placement and Attendance Record, which contains a notation: "Re: Michael Johnson please reevaluate this worker as he gave everybody a very hard time. He has a bad attitude towards work and is threatening to sue the County if we make him work hard. Generally unemployable.. Racial. remarks were made. A. G. 11 The claimant's position was that he did not engage in unacceptable behavior on June 1, 1993, and that the County was mistaken in its treatment of him. The claimant implied that he is the victim of mistaken identity. The claimant also attempted to resurrect several past hearings, grievances, and assignments. The claimant insisted that all his problems are to be reconsidered anew at each and every hearing. The claimant also attempted to reconstruct numerous snippets of conversation overheard on June 1, 1993, and attempted to charac- terize himself as the unwitting victim of various individuals and/or groups who have refused to help him. The claimant's approach to his hearing, which appeared to be an. attempt to widen the scope of the hearing to include each and every incident and event that has occurred to the claimant in the past six months/cannot be permitted. Instead the scope of the hearing is restricted to the NOA of June 7, 1993, and its proposed action. As to the claimant's position that he has been mistaken for someone else, there is no evidence shown that such a thing has occurred in this instant case. It may be true that some identity confusion has taken place in the past, but the occurrence of some past confusion does not automatically, and in a general fashion, without some specific connection to this event, invalidate the proposed action on the NOA of June 7, 1993. The material presented into evidence by the County (the record of contacts dated June 1, 1993 , which records in a hearing fashion what V. Stewart heard from the crewleader; the note dated June 1, 1993, initialed by the crewleader; and the statement from the County dated July 13, 1993, confirming that Anthony Garmendia was the crewleader) all have a common thread that speaks to the fact that the claimant on the date in question was not cooperative and did not meet the terms of the agreement. The weight of evidence against the claimant is too great to allow him to attempt to dismiss all County efforts with no substantial proof. In addition the claimant's demeanor at hearing also tended to confirm the County position, that is the claimant is argumentative, bellicose, and defensive. The claim is denied. CAC 23(revised 6/92) • GENERAL ASSIJrCE EVIDENTIARY HEARING D%SION(cont'd) ORDER: i • C1aW' Denied: 11Claim Dismissed: EK" Aid shall be discontinued and the Period of Ineligibility imposed. ❑ Aid shall be discontinued. The Period of Ineligibility shall be expunged from the record. Claimant may reapply at any time. ❑ Claim Granted: ❑ General Assistance shall be restored. The proposed discontinuance is reversed. The Period of Ineligibility shall be expunged from the record. ❑ Other: ❑ Written copies of the Order were issued by ❑ mail ❑ at Hearing ❑ Additional Regulatory Authority was attached to the foregoing Order --� / c Prram dna r Date Assistant Director Date If you are dissatisfied with this Decision you may appeal the matter directly to the Coritra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Room 106, Martinez, CA 94553 . Appeals must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. x p� (( Kv ea.l be ��CA(S Man KeP /70 D JUL 2 6 1993 r r�n.! SOC{AL SF^..,,..--^:„ _ ?TM ENTAVE. 34311, RNIA RIC'HtJ� CAC 23(revised 6/92) FROM: Perfecto Villarreal, Director©. Social Service Department DATE: August 17, 1993 / SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY JEWELL MACK SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Jewell Mack's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on May 14, 1993. The Hearing was scheduled for July 2, 1993. The claim was denied. Signature: ACTION OF BOARD ON August ' 17, 1993 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal of General Assistance Evidentiary Hearing decision by Jewel Mack. Jewel Mansapit, General Assistance Program Analyst, appeared. The appeallant did not appear. IT IS BY THE BOARD ORDERED that the above staff recommendation is APPROVED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT III ) AYES: NOES.- ABSENT: OES:ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED August 17 , 1993 cc: Social Service Dept. PHIL BATCHELOR, CLERK OF THE BOARD OF Appeals Unit SUPER ORS AND COU ADMINISTRATOR Program Analyst County Counsel County Administrator BY , DEPUTY Jewell Mack CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: July 29, 1993 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SUBJECT:Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Jewell Mack Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing, plus any information which your department may wish to file for the Board appeal which is set for 2 :15 p.m. on Tuesday, August 17, 1993 . Attachment CC : Board members County Administrator County Counsel The Board of Supervises Contra • Cerrkoft Batchelor and County Administration BuildingCosta County Administrator 651 Pine St., Room 106 1510►646-2371 Martinez, California 94553 County Tom Power,1st District Jeff BmM.2nd District E..............o Gyne Bishop,3rd District �'-L •;i't Bunn*Wright McPeak 4th District Tom Talakson.5th District I y'v July 29, 1993 Jewell Mack 173 Madison Avenue Pittsburg, CA 94565 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 . 006 of the County Ordinance Code, this is to advise that a. hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 : 15 p.m. on Tuesday, August 17, 1993 . In accordance with Board of Supervisor Resolution No. 75/28, your written presentation and all relevant material pertaining to the appeal must be filed with the Clerk of the Board (Room 106, County Administration Building, 651 Pine Street, Martinez) at least one week before the date of the hearing. Your attention also is directed to the other provisions of said Resolution (copy enclosed) which set forth the General Assistance Appeal procedure. Very truly yours, PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator gy a Cervelli, eputy Clerk Enclosure cc: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator i BOARD OF SORVISORS OF CONTRA COSTA COU10 CALIFORNIA - . Re: General Assistance ) Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14, 1975), The Contra Costa County Board of Supervisors RLSOLVES THAT: Appeals from decisions of the Social Service Department 's Complaints and Appeals Division regarding, General Assistance ` are made to the Board of Supervisors pursuant to Board of Supervisors Resolution 74/365; and this Board therefore estab- lishes these uniform procedures for- such appeals, effective today. 1. A written appeal must be filed with the Clerk of the l Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department's Complaints and Appeals Division. 2. Doth the /Appellant (the General Assistance applicant or recipient) and the Respondent (the Social Service Department)— must file all written materials at least one week before the date set for Board hearing, of the appeal. 3. Upon hearing of the •appeal, the Board shall make any required fact determinations based on the record on appeal. This record shall include the Department's Hearing, Officer's fact findings, plus any papers filed with that ,.Officer. The board will not allow the parties to present new facts at time of appeal , either orally or in writing, and any such presentation will be - disregarded. If the facts upop whlch ,the. appeal Is based are not in dispute, or If any. disputed.S¢p31are` not relevant to the issue ..: ultimately to be decided by .the Board, the Board will proceed Immediately to the next stieR, ythout ;considerinp, fact questions. The parties may stipulate ,to•lah dGreed set of facts. 4. Once the facts are determined{, or if there are no fact determinations required 'ey' tti�'tiapp'l81, the Board will consider legal issues presented- by•'ths -appbal. Legal issues are to be framed, insofar as possible, before the hearing and shall be based on the Department 's Hearing, Officer's decision- and such other , papers as may be filed. Appealing parties may make legal arguments both by written . brief and orally before the..Boardit If the issues are susceptible of immediate resolution, the `Bodrq may, if It desires, immediately decide them at the appeal hearing;. If the County Counsel's ad- vice is needed on legal questions*, the Board will take the matter' under submission, reserving its final Judgment until It receives such -advice. ..1.. RtSOLUTION NO. 75/28 •: • � .: 06 5. If the Board's tentative decision is adverse to the appellant, the Board may modify or reverse its tentative con- clusion for policy reasons , insofar as such modification is not Inconsistent with law. Such action may be taken when the Board, In its discretion, determines it -to be necessary to moderate or eliminate unduly harsh effects that might result from strict application of law or regulation. The Board may also determine that its policy for similar future eases is to be modified in accordance with its decision. Unless so stated, a decision shall have no precendential effect on future cases . G. Having made factual determinations, having received advice on the legal issues, and having applied policy considera- tions, the Board will in due course render its decision. The decision will be in writing, stating findings of fact if any have been made, and summarizing the reasoning; of the decision. The . Board may direct the County •Counsel ,to draft a proposed decision for its consideration. 7. The Board may contra ct, w.ith :a hearing officer, who shall . be a member of the California Bar, to act on its behalf in con- ducting General Assistance appeals. The Board 's Hearing Officer shall follow steps . l through �4 -above•, and shall recommend .a proposed decision, stating findings or fact and summarizing the reasoning of the proposed decision. The Board then will in its discretion, adopt the proposed decision, adopt a modified de- cision in accordance with step 5 above, or refect the proposed decision and render an independent decision based on its own Interpretation of the record on appeal and applicable law. PASSED on January 111 , 1975, unanimously by the Supervisors present. i MT1nM COPY I certify that this In a full, true ! Correct copy of the original document which is on file in my otflee, and that it was passed • adopted by the Board of Supervisors of Contra Costa County California. on the date shown.ATTEST: J. R. OLSSON, County Clerk&ex-officio Clerk of said Board of Supervisors. by Depot Clerk. � • el N � 4W75 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator JUL 2 61993 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. ©� ��S�on�mu PMc,� Ar� Si��--�.d `�r► e.t-�r�tL,v_._1S . Social Service Department P1t•t"`P''' Contra o Appeals ' Perfecto-Villareal Costa (510) 313-1790 Director County 40 Douglas Dr. Martinez, Ca. 94553 GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION Appeals Officer: / r PP `'� � Hearing Date: Place of Hearing: ❑ Martinez ntioch ❑ Richmond The proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury. IN THE MATTER O� Case /,, � r X007- !i Filing Date: "r�5�'�� . Aid Paid Pending Hearing ❑ No Date of Notice: s�?J� D4,J Effective Date of Action: S PRESENT: aimant - ounty Representative(s): ❑ Authorized Repreientative(s): ❑ Witness(es): ❑ Other: • ACTION UNDER APPEAL: • D Denial iscon ' uance ❑ Application Date Effective Date ❑ Notice of Action 0,-fdotice of Action Q—Period of ineligibility �l, f�� ISSUE: ET-*E1'mPloyment Requirements ❑ Unemployability Requirements ❑ Employability Assessmem ❑ Medical Verification - ❑ Job Search ❑ Unemployability Assessr*+ent ❑ Workfare [l AIRS assessment and partionation ❑ JO QuiVlueO fui i.���r (_1 Other: _- t'.�osksholi ;7 Good GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION (cont'd.) JURISDICTION (DM 49-700; DM 49-701): Ti ly Filing of Appeal ❑ Challenge only to Regulation Untimely Filing of Appeal . ❑ Issue Outside Scope of Program Period Expired: ❑ Good Cause EVIDENCE CONSIDERED : Cla' ant Testimony ocumentary County Testimony ❑ GA 34 Cooperation Agreement Docurne.;t Date: • ❑ Assessment Appointment Notice - ❑ Work Progra Notice Other: OISPOSITIONAL FINDINGS/CONCLUSION: The evidence and testimony having been heard and considered,the following findings are reached: i lai n r v -wv receive notice of the particular assignment under review aim a capable of understanding and meeting the particular assignment under review:..:t , :r: ..: •.�-,,4:ti:. . ❑ E ucational u Physical ❑ Emotional (DM 49-10211 B.) eod Cause (OM 49-111 It F) ❑ Good Cause Exists ood Cause Does Not Exists 0 Employment has been obtained ❑ Scheduled Job Interview or Testing ❑ Mandatory Court Appearance ❑ Incarceration ❑ Illness ❑ Death in the Family ❑ Circumstances beyond Applicant/Recipient's control ill(ulness (DM 49-111 II H) ❑ Willfulness Exists e-willfulness Does Not Exists ❑ Failure was deliberate and intentional ❑ County rescinded willfulness determination ❑ Failure was�more than a single occurrenceounty failed to provide suf ficient evidence to ❑ Failure was the result of intentional mistake/omission establish willfulness ❑ Failure wa,indicative o1 a pattern of non-cooperation ❑ Other ❑ Fair uas ti d= reas3mble m Ee Cr CUM D cid-=- GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(cont'd) SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE: The claimant filed on two Notices of Action (NOAs) , both dated May 7, 1993 . One NOA alleged Al2 April 27, 1993, Workfare failure and one NOA allegedpn April 29, 1993, Job Club failure. The claimant testified that he worked on April 27 and 28, 1993, for a Mrs. Hill and was paid $60. The claimant reported this $60 on his CA 7. The claimant then had an excuse for his April 27, 1993, failure but was late on April 29, 1993. The County record showed that the claimant was 15 minutes late, but the claimant testified that he was only 2-3 minutes late. The claimant testified that the reason the County considered him 1/4 hour late was that his name was called within the 2-3 minutes he was late and the roll was finished for 15 minutes. The claimant testified that he does odd jobs for Mrs. Hill and earns a small amount of money from time to time. As the claimant did report not only the job but also the income, this excuse must be accepted. In. regard to the tardiness of the claimant on April 29, 1993, it seems marginal to assess a month's penalty for 2-3 minutes of tardiness. However the claimant is well aware of program requirements and has filed for seven Ga appeals in the past 13 months. In the interest of fairness, the claim is denied in regard to the County's proposal to deny and the case will be discontinued, but the penalty is removed .and the claimant can reapply at any time. One more comment is in order. This claimant is now, without doubt, fully informed that he has extended program leniency and tolerance to its limits. Any program delinquency in the future will no longer be permitted. ORDER: C� Claim Denied: 0 Claim Dismissed: 0 Aid shall be discontinued and the Period of Ineligibility posed. Aid shall be discontinued. The Period of Ineligibility shall be expunged from the record. Claimant may reapply at any time. 0 Claim Granted: O General Assistance shall be restored. The proposed discontinuance is reversed. The Period of Ineligibility shall be expunged from the record. 0 other: 0 GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(cont'd) 0 Written copies of the order were issued by 0 mail 0 at Hearing 0 Additional Regulatory Authority was attached to the foregoing Order Pro fram Manager, Appeals #7/9 Director Date If you are dissatisfied with this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Room 106, Martinez, CA 94553. Appeals must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. • ECEIVE® JUL 2 61993 • __._ _.__ - _ - _ CLERK BOARD OF A CSUPERVIS0_RS_ CONTROSTA CO. __ V Jeoek� vk -rte. - ©-�. �-- C' � 07- 45D caq ryl Qe- 7-0, 1 Please reply to: Social Service Department Contra 0 Appeals Costa (510) 313-1790 Perfec.to=Villareal 40 Douglas Dr. Director County Martinez, Ca. 94553 GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION AAppeals Officer. r, ✓� Hearing Date: PP ��- Place of Hearing: ❑ Martinez ��`ntioch 0 Richmond The proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury. IN THEM TTER OF: , ease#07-%GLV �--- Filing Date: ;7� Zjj,�y� Aid Paid Pending I leanng C] No Date of Notice: Effective Date of Action: PRESENT: aimant aunty Representative(s): ❑ Authorized Representative(s): ❑ Witness(es): ❑ Other: ACTION UNDER APPEAL: 0 Denial �Iscont" uance � ❑ Application Date Effective Datej ❑ Notice of Action [y Mice of Action 3 " Q,,Periodof Ineligibility/'-" � r--�-tet-- �-�--' ISSUE: employment Requlremcnts ❑ Unemployability Requirements ❑ Employability Assessment ❑ Medical Verification ❑ Job Search ❑ Unemployability Assessmenl ❑ Workfare ❑ AIRS assessment and paritcrpatton ❑ 10 Quit!I rteo lot l.au�c' [P Oilier: �' tGood :11 r: . i:'ilJ.f�lrr�•� GENERAL ASSISTANCE EVIDENTIARY NEARING DECISION (cont'd.) JURISDICTION (DM 49-700; DM 49-701): "Tiely Filing of Appeal 0 Challenge only to Regulation Untimely Filing of Appeal : ❑ issue Outside Scope of Program Period Expired: ❑ Good Cause EVIDENCE CONSIDERED : "��Cla' ant Testimony ocumentary County Testimony C] GA 34 Cooperation Agreement Document Date: Assessment Appointment Notice - ❑ Work Progra Notice DISPOSITIONAL FINDINGS/CONCLUSION.: `7 The.evidence and testimony having been heard and considered,the following findings are reached: r lai n r v e receive notice of the particular assignment under review aim as/w capable of understanding and meeting the particular assignment under review: t::.•., _:t, .�..:.is f ❑ 11 E ucational ❑ Physical ❑ Emotional (DM 49-102 II 8.) ood Cause (DM 49-1 1 1 If F) ❑ Good Cause Exists ood Cause Does Not Exists ❑ Employment has been obtained ❑ Scheduled Jots interview or Testing ❑ Mandatory Court Appearance ❑ Incarceration ❑ Illness ❑ Death in the Family ❑ Circumstances beyond Appiicant/Recipient's control BvVillfulness (DM 49.III It H) - ❑ Willfulness Exists illfulness Does Not Exists ❑ Failure was deliberate and intentional ❑ County rescinded willfulness determination ❑ failure wa�more than a single occurrence aunty failed to provide sufficient evidence to ❑ Failure was the result of intentional mistake/omission establish willfulness ❑ Failure was rncwative of a pattern of non-cooperation ❑ Other ❑ Fail aas without re?- )e c.aise or emise C7. Orlyz GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(cont'd) SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE: The claimant filed on two Notices of Action (NOAs) , both dated May 7, 1993 . One NOA alleged April 27, 1993, Workfare failure and one NOA allegedpn April 29, 1993, Job Club failure. The claimant testified that he worked on April 27 and 28, 1993, for a Mrs. Hill and was paid $60. The claimant reported this $60 on his CA 7 . The claimant then had an excuse for his April 27, 1993, failure but was late on April 291, 1993 . The County record showed that the claimant was 15 minutes late, but the claimant testified that he was only 2-3 minutes late. The claimant testified that the reason the County considered him 1/4 hour late was that his name was called within the 2-3 minutes he was late and the roll was finished for 15 minutes. The claimant testified that he does odd jobs for Mrs. Hill and earns a small amount of money from time to time. As the claimant did report not only the job but also the income, this excuse must be accepted. In regard to the tardiness of the claimant on April 29, 1993 , it seems marginal to assess a month's penalty for 2-3 minutes of tardiness. However the claimant is well aware of program requirements and has filed for seven Ga appeals in the past 13 months. In the interest of fairness, the claim is denied in regard to the County's proposal to deny and the case will be discontinued, but the penalty is removed .and the claimant can reapply at any time. One more comment is in order. This claimant is now, without doubt, fully informed that he has extended program leniency and tolerance to its limits. Any program delinquency in the future will no- longer be permitted. ORDER: , L� Claim Denied: ❑ Claim Dismissed: ❑ Aid- shall be discontinued and the Period of Ineligibility imposed. a— Aid shall be discontinued. The Period of Ineligibility shall be expunged from the record. Claimant may reapply at any time. ❑ Claim Granted: ❑ General Assistance shall be restored. The proposed discontinuance is reversed. The Period of Ineligibility shall be expunged from the record. ❑ Other: GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(cont'd) ❑ Written copies of the Order were issued by ❑ mail ❑ at Hearing ❑ Additional Regulatory Authority was attached to the foregoing Order Pro ram Manager, Appeals ate/ ? l8ly� Director Date If you are dissatisfied with this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Room 106, Martinez, CA 94553 . Appeals must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. /J t}. ti0 Z r'. 0) d. . � Q g '03 b1Soa V81N00 S80SIA83dns 30 a8voe)IHM:) 06619 Z • � = 03AI3038