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Home My WebLink AboutMINUTES - 08031993 - H.6 A ' L FROM: Perfecto Villarreal, Director Social Service Department DATE: August 3, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY LEROY GREEN SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Leroy Green's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on May 12, 1993. The hearing was scheduled for June 10, 1993. Claimant did not appear for the hearing, and the claim was dismissed. Signature: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON August 3 , 1993 APPROVED AS RECOMMENDED OTHER x 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 Leroy Green. Jewel Mansapit, General Assistance Program Analyst, appeared and advised that after talking to Mr. Green that the Department wished to change its recommendation and was recommending granting the appeal and giving Mr. Green an evidentiary hearing. Supervisor Powers moved to grant the appeal . IT IS BY THE BOARD ORDERED that the above appeal is GRANTED. as.- recommended by staff. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT IV ) 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 cc: Social Service Dept. SUPERVISORS ON THE DATE SHOWN. Appeals Unit Program Analyst ATTESTED August 3 , 1993 County counsel PHIL BATCHELOR, CLERK OF THE BOARD OF County Administrator SUPERVISORSND COUNTY ADMINISTRATOR Leroy Green BY 01 IA. .No , -, DEPUTY Social Service Department Contra Please reply to: Perfecto Villarreal 40 Douglas Drive Director Costa Martinez,California 94553-4068 County cE EVIDENTIARY HEARING DECISION: NOTICE OF' DISMISSAL IN THE MATTER OF: County if: 404312-W4KO Filing Date: 5/12/93 Leroy Green Notice Date: 36 Willard Ave. Action Date: Richmond, CA 94801 Hearing Date: 6/10/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for June 10, 1993 . Claimant was duly notified of the date, time and place of Hearing via letter May 25, 1993 . Claimant arrived late for the Evidentiary Hearing. 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 must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. June 16, 1993 Charl A. Chapman Social Service Appeals Officer CAC: sls CLERK OF THE BOARD Inter - Office Memo TO: Social Services Department DATE: July 15 , 1993 Appeals and Complaints Division FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk U-'—' SUBJECT: Searing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed by Leroy Green 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 : 00 p.m on Tuesday, August 3 , 1993 . Attachment CC: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive tchelor The Board of Supervis*s Contra ` Ce'rklofBathe Board and County Administration BuildingCOC�ta County Administrator 65" Pine St., Room 106 J (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District e Gayle Bishop,3rd District Sunne Wright McPeak 4th District Tom Torlakson,5th District o. ��..C.OLµT July 15 , 1993 Leroy Green 36 Willard Avenue Richmond, CA 94807 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, at2:00 p.m. on Tuesday, August 3 , 1993 . In accordance with Board of Supervisors Resolution No. 75/P8, 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 Su erv. sors d County Administrator Y B o Ann ervelli, Deputy Clerk Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF 4FERVISORS OF CONTRA COSTA COU , CALIFORNIA .� 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 hoard 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 (late 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 .xhe. appeal is based are not in dispute, or if any. disputed,S.pGts!;are' not relevant to the issue .;. ultimately to be decided by .the Board, the hoard will proceed immediately to the next 'step-uW1thout ;co.nsider1nP fact questions. The parties may stipulate ,to•''ah agreed set of facts. 4. Once the facts are determined, or if there are no fact' determinations required-'15y tt%Ulop'bhl, 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..Boardl , 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 ;rs � 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 . .' 6. Having made factual determinations , having received advice on the legal issues, and having applied policy consI dera- 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. 4. 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 Hearing Officer shall follow steps .. l through ,4 ,above,, and shall recommend .a proposed decision, stating findin[;s off' fact and summarizing the reasoning of the proposed decibion. 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 tiBflYTIPIED COPY I Certify that this is a full, true ! correct copy of the original document which is on file in my office, and that it was passed ! adopted by the Board of supervisors of Contra Costa County, California, on We date shown. .ATTEST: J. R. OLSSON, County Clark!e:efflcio Clerk of said Board of Supervisors, by Deput Clerk. L 41.19oa _�a�1 4 1975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator 1 � 1 . � a v • i . ..: ° , LarcY� u o o i� ��LJ�1J�J1c m eC�SL ' I � t/ f ae ° 4YU3 L ° P - b is is RECEIVED -------- --" -- - JUL 1 31993 -- -- --- i CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. y 1 --- -- -L-.cL"A- —ate_ oil0 RECEIVE® ' JUL 13 1993 _-.-_--•--. -_-.. _ __- _--- -_-__--_ _ _ _._ __-.--_---_.__-.. CLERK BOARD,OF SUPERVISORS CONTRA COSTA CO. ` J 16