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HomeMy WebLinkAboutMINUTES - 09211993 - H.3 02� i �,P.M. FROM: Perfecto Villarreal, Director Social Service Department DATE: September 21, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY RONALD HENRY SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Ronald Henry's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on June 21, 1993. The Hearing was scheduled for July 19, 1993. The decision rendered was that the claimant did meet his reporting responsilbility. However, an overpayment did occur in the amount of $291.00. 01 Signature: ACTION OF BOARD ON September 21 , 1993 APPROVED AS RECOMMENDED OTHER X This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing of the appeal by Ronald Henry from the General Assistance Evidentiary hearing decision. * Jewel Mansapit, General Assistance Program Analyst, Social Service Department, presented the staff report on the appeal and provided background on the $291 . 00 overpayment which is the issue under appeal. Ronald Henry, 5225 School Avenue, El Cerrito, appellant, presented testimony in support of his appeal . Supervisor Torlakson requested clarification on the overpayment and discussed the matter with Ms . Mansapit and Mr. Henry. Supervisor McPeak questioned Mr. Henry on his educational program, and Mr. Henry provided information on the classes he had attended and was planning to attend, and he further commented on an additional seven hundred dollars he is being billed. Bertha M. Henry, 5225 School Street, El Cerrito, spoke in support of the appeal. ` 1. Supervisor McPeak moved to grant the appeal on the $291 . 00 overpayment and to investigate the additional amount Mr. Henry is being billed. IT IS BY THE BOARD ORDERED that the appeal by Ronald Henry from the General Assistance Evidentiary Hearing decision is GRANTED; and Social Service Department staff is REQUESTED to investigate the additional amount Mr. Henry is being billed. VOTE OF SUPERVISORS: UNANIMOUS (ABSENT ) AYES:z . I I I . TV NOES: TT-1 V 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 September 21 , 1993 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISO S AND COUNTY ADMINISTRATOR BYAA , DEPUTY cc: Social Service Department Rrocram Analyst Appeals Unit- County nitCounty Counsel County Administrator Ronald Henry 2 . CLERK OF 'THE BOARD Inter-Office Memo TO: Social Services Department DATE: August 23 , 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 Ronald Henry 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, September 21, 1993 . Attachment CC : Board members County Administrator County Counsel The Board of Supervisors Contra CehOoftthe Board and County Administration BuildingCOSta County Administrator 651•Pine St., Room 106 (510)646_2371 • Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District s t Gayle Bishop,3rd District Sunne Wright McPeak 4th District � Tom Torlskson,5th District S T'� t'O is August 23 , 1993 Ronald Henry 5225 School Street E1 Cerrito, CA . 94530 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, September 21, 1993 . In accordance with Board of Supervisor Resolution No. 92/554, 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 Admi • tra r By n Cervelli, -Deputy Clerk Enclosure cc : Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on August 4, 1992 by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: General Assistance Hearing } Resolution Number 92/554 and Appeal Procedures } The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365,75/28, 87/468, and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date, of proposed action which will reduce, suspend or terminate his or her General Assistance grant for cause. Prior notice is not required for action resulting from Board of Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department bearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a bearing within fourteen days of the date the Notice of Action was mailed. Absent evidence to the contrary, the notice is presumed to have been mailed on the date it bears, and a request for a bearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. Where a GA recipient timely requests a bearing challenging a proposed action which will reduce, suspend or terminate his or her General Assistance grant, the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable, and bearing requests based thereon may be summarily denied. 105. Hearings will be scheduled within thirty days of the date of receipt of a request for a hearing. The Appeals Unit will mail a written notice of the hearing to the claimant at least ten days in advance of the Hearing date. 106. When a request for a bearing has been received,the claim may be reviewed and resolved in the claimant's favor by a pre-bearing review. (a) Proposed pre-bearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. U the claimant is unable to attend the bearing at the originally scheduled date and time, and a timely request for postponement is made,the Hearing Officer will make an evaluation of the request. The bearing will not be continued beyond the bearing date unless authorized by a Hearing Officer on one of the following grounds,which require verification: (a) bearing is continued at request of the Social Service Department, RESOLUTION NUMBER 92 jS54 (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, M (c) illness which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager) 108. Decision (a) A written decision shall be mailed to the claimant within thirty days after the bearing record is closed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- bearing for cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors v►itbin fourteen days after the decision has been mailed to the claimant. Absent evidence showing the contrary, a bearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Board will not stay the implementation of the Hearing decision, and the recipient shall not be entitled to continue to receive assistance pending furtber bearing. (b) The appeal will be scheduled for the first available Board meeting,but no earlier than the third meeting following receipt of the appeal. 203. The Administrative Review Panel may review appeals of Hearing decisions and recommend proposed action to the Director. (a) If the Director supports the bearing decision, the Appeals unit will be notified to proceed with the presentation to the Board. (b) If the Director finds in favor of the claimant,the Clerk of the Board will be notified to withdraw the item from the Board agenda.The appropriate Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department must file aII written materials at least one week before the date set for the Board hearing. New material must be served by mail on the opposing parry. 205. (a) Upon bearing the appeal,the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board.This record shall include the Department's Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If the facts upon which the appeal is based are not in dispute or if any disputed facts are not relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the next step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLunoN NUMBER 92/55 206. • (a) Once the facts are determined, or if there are no fart determinations required by the appeal, • the Board will consider legal issues presented by the appeal.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. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. If the issues are susceptible of immediate resolution,the board may immediately deride them at the appeal hearing. If the County Counsel's advice is needed on legal questions,the Board may take the matter under submission,reserving its final judgment until it receives such advice. 207. The Board may decide an appeal immediately after bearing or take the appeal under submission. t IwsbY esMb that g*M s bus end eanct Dopy of Dow M ail+ � on tta dMs ��- ATTE57 1L-5A7TC*4EUL4K Cie*of we sore wf coos"AA* r r* RESOLMON NUMBER 92/x,,4 Tr o,4,.� i PG n c -p- /) p- n�r� 0- I S drl/11� Z �/iS�► fiD Gr �q � an V/v����`� r l oC e C)S ► d n oT) at Imo. ,--I f fe f O ✓e r e-rl-f'� RICvE1'VE- AUG 2 0 1993 CLERK BOARD OF SUPERVISORS. CONTRA COSTA CO. i A U G — 2 3 — 9 3 M O N 9 : 4 5 P . 01 Social Service Department Contra Please r8ay to: Perfecto VUlarreal } ac Douglas Drive Director Costa Alart;nex Ulitornis 94553.4068 RECEIVED COL rAr Post-It'°brand fax transmittal memo 7671 x or Puglia • •.,� To Fro AUG 2 3 1993 �'-`�. Co., Co. pep phoife + . CLERK BOARD OF SUPERVISORS �( f•�''� CONTRA COSTA CO. Fax N fax 0 L.. DENTIAR�t BLARING DECISION U THE MATTER OF: County No. : 483039-W4NG Ronald Henry, Claimant Date of County Notice: 6/15/93 5225 School Ave. Effective Date of Action: 6/15/93 El Cerrito, CA 94530 Filing Date: 6/21/93 Hearing Date: 7/19/93 Aid Paid Pending: NO Appeals Officer: Ren Adams Income Maintenance Representative: Wanda Wong Place of Hearing: Richmond ,ISSUE Whether an overpayment in the amount of $291 occurred in October 1992 and whether this overpayment is collectable. STATEMENT Q8 FACTS GQ11NTX ACTION ANS POBITZONS The County presented into evidence several documents including CA 7 for October 1992 that the claimant had signed on November 4`, 19921 a copy of the GA 201A signed by the claimant on June 30, 1992; a copy of a form dated February 1, 1993, from the Financial Aid. Office at VC Davis. showing amounts of financial aid disbursed; a copy of the budget worksheet addendum; and, after holding the record open for two weeks, a statement from the Eligibility Worker. It was the County's contention that an overpayment of $291 occurred in October. 1992, that the overpayment was collectable, and that the claimant had failed to meet his reporting responsibilities CL„ A_IIWTI S POSITIONS The claimant presented a multitude of defenses and justifications for his actions and for a finding that there had been no over- payment and that it was not collectable. The claimant contended that his worker had sanctioned.his grants and loans and that it . was therefore unfair and inequitable to hold him accountable for. the GA .as an overpayment when his worker had known and approved AUG - 2 3 - 9 3 M O N 9 : 45 P . O 2 Hvidentiary Hearing Decision Ronald Henry, Claimant Page 2 of his actions. The claimant later slightly modified this approach, without seeming to be aware of the modifications, to say that the worker had failed to respond to an inquiry about loans and grants, thus giving implicit sanction to his educational activities. The claimant maintained that very little of the money was actually delivered to him (going directly to books, tuition, fees, etc. ) , and therefore could not be counted against him since he never physically handled the funds. The Claimant maintained that the funds were intended for educational purposes only and therefore could not be counted for as income for living expenses. RE"ON FOR DECI$IQN Department Manual Section 49-103 provides, in pertinent part, that the recipient shall assume as. much responsibility as he can within his physical and mental capabilities. Department Manual 49-301 provides that lump-sum payments such as school loans are considered income. Department Manual 49-501 provides the conditions under which an overpayment is considered to have occurred, both when the client met and when the client failed to meet reporting responsibilities. CONCLgsYQ It is evident that the technical aspects of an overpayment occurred. The claimant was the recipient, Airectly or indirectly, of a con- siderable amount of grants and loans. The document submitted. by UC Davis shows a total of $11,878 disbursed on the claimant's behalf in one section of the form, but shows an expense budget of $9,278 . in another msection of the form. The formalso shows that these dis- bursals took place during the 92-93 calendar year. The claimant did not dispute that funds were expended on his behalf or that the. amounts were as., given by UC Davis, but the claimant insisted vehemently that since these funds were for specific purposes they should not be considered for GA and also insisted vehemently that unless funds came directly to him, monies could not be counted . against him. Complicating matters somewhat was the fact that a hearing held on February 2, 1993, found against the claimant and determined that a $460 overpayment had occurred for the months of November and December 1992. The overpayment for October 1992 in the amou of $291 was in fact part of the overall larger occurrence/that rs� verpayment took place during the latter part of 1992 and the two matters, while. resulting from two different notices, " one sent January 6, 1993, and one sent June 15, 1993, actually originate in the same period of time and share the same factual set of circumstances. AUG - 2 3 - 9 3 M O N 9 4 6 P 0 :5 Evidentiary Hearing Decision Ronald Merry, Claimant page 3 • There is no dispute that the claimant received benefits for October (and Wter November and December) 1992. There is also no dispute that the claimant received grants and loans in amounts approximating $10,000, and, notwithstanding the claimant's insistence upon the. dominance of certain interpretations, the key matter to be considered first is whether the claimant failed to report. After a lengthy amount of discussions with the claimant, it is evident that the .claimant did report the receipt of funds within his capacity. A number' of hypothetical situations and scenarios were constructed in an attempt. to obtain a clear picture .of the level of the claimant's acumen and perspicacity. The end result was a firm conclusion that the claimant has met his reporting responsibilities within his capacities. As to the question of the collectability of these overpayments, the collectability of an overpayment depends in large part upon the capacity of the individual to understand the consey quencea; of his actions. The claimant's capacity to understand the nuances. of reporting, in-kind income, the transfer of assets, liquidity, and fiduciary. accountability is extremely limited. There- fore, in both these overpayments, an overpayment did occur, but the claimant did not fail to report. ORDER The claimant did meet his reporting responsibility. However, an overpayment did occur in the amount of $291. Program: M ager, A als Date Ass stant Director Date KA:sls 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 6treet, Room 106, Nartines, CA 94553 within fourteen (14) days of the date of the Evidentiary Hearing Decision. No further aid is paid pending a Board of Supervisors appeal. RECEIVED 9 SEP - 91993 To whom it may concern: CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. My presentation will be in two parts. The first part concerns the d a recieved approximately ten thousand dollars for the Fall quarter of 1993 from U. C. Davis. The officer at my hearing claims that he recieved a form from student aid accounting indicating that information. But when I went to the school to inquire of such information, the woman in charge indicated that she never spoke to or recieved any requests from any representative of Contra Costa County. She further claimed that any information about students that is released must have her signature on it. When I recieved an unfavorable ruling by the county I went back to U.C.D. and had Student Aid Accounting write a letter showing the checks I actually recieved and the finanacial aid that went directly to the.school to pay my fees. This letter will prove that I reported all the checks (there were three of them: two Perkins Loan checks for$99.00 and $227.00, and a Pell Grant for $400.00) that I recieved for Fall of'92. The person who wrote this letter is Sue Yamato. She can be contacted at (916) 752-3648. The second part of the presentation will concern my contention that I was misled into believing that there was a way to go to school while being on general assistance. I believe that it was unfair at the way I am being charge for overpayments of November and December, when I did not do it purposely. Sincerely, Ronald Henry .r UNIVERSITY OF CALIFORNIA, DAVIS BERKELEY DAVIS IRVINE LOS ANGELES RIVERSIDE SAN DIF.CO SAN FRANCISCO (� a SANTA BARBARA• SANTA CRU7 ' 00' ACCOUNTING OFFICE DAVIS, CALIFORNIA 95616 IN REPLY REFER TO OURFILE NO................................................................ August 26, 1993 TO WHOM IT MAY CONCERN: This letter is to, state that Ronald Henry, SSN 553-23-8993, received the following financial aid for Fall Quarter, 1992: Pell Grant $400.00 i Supp Educ Opp Grant $310.00 Univ Grant $ 33.00 used to cover registration fees State Rehab sponsor $650.00 Perkins Loan $ 99.00 + $227.00 Sincerely, STUDPNl'AID AC'C;Ti! Student Aid Accounting 140 Mrak Hall Davis, CA 95616. (916) 752-3646 AUG - 23 — S- Z r-10 " SA14- 5 • P 0 1 S66'61 Service DepartmentContra pie:,Se rczq to: Perfecto Villarreal 4C DojG Drive Director Costa VlarinC2 ;.,A!jf6rniE1 94553-40C,8 RECEIVED�EC E I�D� COL AUG J I . k,brand tax lran$nliltal Mel'no 7671 #ofpages ir_- Fro AUG 2 3 1993 Co. V, Pilo 0 C. , CLERK BOA IDOFSUPERVI ORS CONTRA COSTA Co. Fax 0 fax 0 U. Y)i _DECISIO)i PLT—RE MATTER OF: County No. : 483039-W4NG Ronald Henry, Claimant Date of County Notice: 6/15/93 5225 School Ave. Effective Date of Action: 6/15/93 El Cerrito, CA 94530 Filing Date: 6/21/93 Hearing Date: 7/19/93 Aid Paid Pending: No Appeals Officer; Ken Adams Income Maintenance Representative; Wanda Wong Place of Hearing: Richmond ISSUE Whether an overpayment in the amount of $291 occurred in October 1992. and whether this overpayment is collectable. _.gNT OF FACTS COUNTY ACTION AND FOSTLIPN- , The County presented into evidence several documents including a,-:,, . CA 7 for October 1992 that the claimant had signed on November "4.'.- 1992 ; a .copy of the GA 201A signed by the claimant on June 30, 1992; a copy of a form dated February 1, 1993, from the Financial Aid. office at UC Davis. show' ing amounts of financial aid disbursed; a copy of the budget worksheet addendtim; and, after holding the record open for two weeks, a statement from the Eligibility Wo:rker. It was the County's contention that an overpayment of $291 occurred in October 1992, that the overpayment was collectable, and that the claimant had failed to meet his reporting responsibilities POSITION: The claimant presented a multitude of defenses and justifications for his actions and for a finding that there had been no over- payment and that it was not collectable. The claimant contended that his worker had sanctioned . his grants and loans and that it . was' therefore unfair and inequitable to hold him accountable for the GA as an overpayment when his worker had known and approved aur, - 2 = - 19 :F. r-i0t-4 J& 5 • P _ 02 Evidentiary Hearing Decision Ronald Henry, Claimant. Page 2 of his actions. The claimant later slightly modified this approach, without seeming to be aware of the modifications, to say that the worker had failed to respond to an inquiry about loans and grants, thus giving implicit sanction to his educational activities. The claimant maintained that very little of the money was actually delivered to him (going directly to books, tuition, fees, etc. ) , and therefore could not be counted against him since he never physically handled they funds. The claimant maintained that the funds were intended for educational purposes only and therefore could not be counted for as incorke for living expenses. REASdN Ff R 1�a CY$ xi1 Department Manual Section 49--103 provides, in pertinent part, that the recipient shall assume as. much responsibility as he can within his physical and mental capabilities. Department Manual 49-301 provides that lump-sum payments such as .school loans are considered income. Department Manual 49-501 provides the conditions under which an overpayment is considered to have occurred, both when the client met and when the client failed to meet reporting responsibilities.. It is evident that the technical aspects of an overpayment occurred. The claimant was the recipient, .diiectly or indirectly, of a con- siderable amount of grants and loans. The document submitted by UC Davis shows a total of $11,878 disbursed on the claimant's behalf in one section of the form, but shows an expense budget of $9, 278 . in another msection of the foria. The form. also shows that these dis- bursals took place during the 92--93 calendar year. The claimant did n'ot dispute that funds were expended on his behalf or that the amounts were as, given by UC Davis, but the claimant insisted vehemently that since these funds were for specific purposes they should not be considered. for GA and also insisted vehemently that unless funds came directly to hin, monies could not be counted . against him. Complicating matters somewhat was the fact that a hearing held on February 2, 1993 , found against the claimant and determined that a $460 overpayment had occurred for the months of November and becember 1992 . The overpayntent for October 1992 in the amou of $291 was in fact pari of the overall larger occurrence that verpayment took place during the latter part of 1992 and the two matters, while resulting from two different notices, one sent January 6, 1993, and one sent June 15, '1993 , actually originate in the sane period of time and share the same factual set of circumstances. AUG - 23 - 'D3 rlIDf4 -4E�- • P _ 0 Evidentiary Hearing Decision Ronald Henry, Claimant Page 3 There is no dispute that the claimant received benefits for October (and later November and December) 1992. There is also no dispute that the claimant received grants and loans in amounts approximating $10, 000', and, notwithstanding the claimant' s insistence upon the dominance of certain interpretations, the key matter to be considered first is whether the claimant failed to report. Ater a lengthy amount of discussions with the claimant, it is evident that the claimant did report the receipt of funds within his capacity. A number: of hypothetical situations and scenarios were constructed in an attempt; to obtain a clear picture .of the level of the claimant's acumen. and perspicacity. The end result was a firm conclusion that the claimant has met his reporting responsibilities within his capacities. As to' th.e question of the collectability of these overpayments, the bol.lectability of an overpayment depends in .large part upon the capaoity of the individual to understand the conse- quences; of his actions. The claimant's capacity to understand the nuances; .of reporting, in-kind income, the transfer of assets, liquidity, and fid4ciary. acc9untability is extremely limited. There- fore, in both these overpayments, an overpayment did occur, but the claimant did not fail to report. ORDER The claimant did deet his reporting responsibility. However, an overpayment dial occur in the amount of $.291. Program! M ager, A als Date Ile sss t�nt Director Date KA: sls 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 Stzeet, iRoom 106,, , Martinez,, CA 94553 within fourteen (14) days of the date of; the Evidentiary Hearing Decision. No further aid is, paid pending a Board of Supervisors appeal . i I' 1 j • J 'r 1 ,y :rte�s�, .�•o - �- �� 1 �,-t ���l .��� r �- Vi c r Tq 1.7. v-i- n RECEIVED ED AUG- 2 0 1993 - 1_, o I ` CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. I , I i I 1 FROM: Perfecto Villarreal, Director Social Service Department DATE: September 21, 1993 SUBJECT: APPEAL.OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY RICHARD BUSH SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Richard Bush's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on July 21, 1993. The Hearing was scheduled for August 10. The claimant did not appear for the hearing, and the claim was dismissed. Signature: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON September 21 , 1993 APPROVED AS RECOMMENDED OTHER x This is the--.time heretofore notice e erk of the Board -Tor hearing on the above listed appeal . Jewel Mansapit, General. Assistance Program Analyst, Social Service Department, presented the staff report. Richard Bush, appellant, appeared and presented testimony in support of his appeal and after...-hearing - Mr. Bush' s testimony recommended that the Board grant -Mr. Bush ' s appeal for a new hearing. IT IS BY THE BOARD ORDERED that the appeal of the General Assistance Evidentiary Hearing Decision by Richard Bush is GRANTED. 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 cc: Social Service Department SUPERVISORS ON THE DATE SHOWN. Program Analyst Appeals Unit ATTESTED September 21 , 1993 County Counsel County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF Richard Bush SUPERVISORS A D COUNTY ADMINISTRATOR BY , DEPUTY Mark Finucane General-Assistance Alcohol Health Director.Health Services and Drug Diversion Services Lrna B G.A.A.D.D.S. Services Asosistant atostian the Director Please Respond To: Department Gary Hamilton ❑ 101 Broadway Pfoorarn Director Richmond,CA 94804 (510) 233-3994.Ext.475 ❑ 10 Douglas Drive.Suite 210 Martinez,CA 94553 � ,510)313-1120 2400 Sycamore Drive. #29 Antioch.CA 94509 (510)427-8582 Tr1 cooyrt Date Dear Participant; This letter is to inform you of your new group meeting(s) at GAADDS. Starting your group day and time (s) will be: 01 0 0 0 If there are any questions concerning this change, please contact your counselor. Sincerely, Marcy Ja sen GAADDS Senior Counselor I acknoti9edge receiving notification of above schedule change. Client Sign� /-U/-JrZ5? 71 To. Date 2 Time WHILE YOU WERE OUT M of Phone TELEPHONED PLEASECALL CALLEDTOSEEYOU WILLCALLAGAIN WANTS TO SEE YOU RETURNED YOUR CALL I'- 'tNessage �. C\j R2 Lr) Cl D ::5 4-) >1 � (Tj ro 4-) & 4v u Lr) 04 el" E a. or- 00 co E2 LK (D .P M-,t '091 O3 V81NOD 2 SUOSIAHansdocaluvog) 313 < < 0 c0 :3 0 0 Co a3AI3038 '00 VISOD VUINOO S80SIA83dns jo a8vos wm C6611 C SnV (33AI3338 4 o+ 66 NO TV;, VN .§1 ('05 2 F4 QL4 A0 zy dP' .:F 10 15V ttl p CL Qi RS LO a. 0. 0 0 0 0 • CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: August 25, 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 Richard Bush 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 pm. on Tuesday, September 21, 1993 . Attachment CC : Board members County Administrator County Counsel The 'Board of Supervi*s Contra • Cerrk of Board and County Administration BuildingCOSta County Administrator 651 Pine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers,tat District Jeff Smith.2nd District Gayie Bishop,3rd District Sunne VMpht McPsak 4th District Tom ToAakson,5th District _ cov° August 25, 1993 Richard Bush Check Center 520 Bailey Road 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 in11the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 :15 p.m. on Tuesday, September 21, 1993 . In accordance with Board of Supervisor Resolution No. 92/554 , 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 Admin' str for B e Y 'Ann ervelli, Deputy Clerk Enclosure CC: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALTFORIv'IA Adopted this Order on August 4, 1992 by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: Supervisor Powers ABSTAIN: None ssasssss:s:ss:ssssasssssssssssssssssssss===assns===s= r SUBJECT: General Assistance Hearing } Resolution Number 92/.L54 and Appeal Procedures } The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365,75/28, 87/468, and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date;of proposed action whicb will reduce, suspend or terminate his or her General Assistance grant for cause.Prior notice is not required for action resulting from Board of Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department bearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a bearing within fourteen days of the date the Notice of Action was mailed.Absent evidence to the contrary, the notice is presumed to have been mailed on the date it bears, and a request for a bearing is presumed to have been delivered on the date it is received azd mailed ou the date it is postmarked. 104. Where a GA recipient timely requests a bearing challenging a proposed action whicb will reduce, suspend or terminate his or her General Assistance grant, the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable, and bearing requests based thereon may be summarily denied. 105. Hearings willbe scheduled within thirty days of the date of receipt of a request for a bearing. The Appeals Unit will mail a written notice of the bearing to the claimant at least ten days in advance of the Heating date. 106. When a request for a beating has been received,the claim may be reviewed and resolved in the claimant's favor by a pre-beating review. (a) Proposed pre-beating resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. If the claimant b unable to attend the bearing at the originally scheduled date and time, and a timely request for postponement is made,the Hearing Officer will make an evaluation of the request The bearing will not be continued beyond the hearing date unless authorized by a Hearing Officer on one of the following grounds,which require verification: (a) bearing is continued at request of the Social Service Department, RESOLUTION NUMBER 92/554 (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) illness which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager) 108. Decision (a) A written decision shall be mailed to the claimant within thirty days after the bearing record is closed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officers findings of fact are not subject to change,but the General Assistance Policy Manager may order re- bearing for cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors%ithin fourteen days after the decision has been mailed to the claimant.Absent evidence showing the contrary, a bearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Board will not stay the implementation of the Hearing decision, and the recipient shall not be entitled to continue to receive assistance pending further bearing. (b) The appeal will be scheduled for the first available Board meeting,but no earlier than the third meeting following receipt of the appeal. 201 The Administrative Review Panel may review appeals of Hearing decisions and recommend proposed action to the Director. (a) If the Director supports the bearing decision, the Appeals unit will be notified to proceed with the presentation to the Board. (b) If the Director finds in favor of the claimant,the Clerk of the Board will be notified to withdraw the item from the Board agenda.The appropriate Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department must file all written materials at Beast one week before the date set for the Board hearing.New material must be served by mark on the opposing pay. 205. (a) Upon bearing the appeal,the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board.?Iris record shall include the Departmenfs-Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If the facts upon which the appeal is based art not in dispute or!f any disputed facts are not relevant to the issue ultimately to be decided by the Board, the Board will proceed immediately to the next step without considering fact,questions.The patties may stipulate to an agreed set of facts. RESOLUTION NUMMER 92/35 206. (a) Once the facts are determined, or if there are no fact determinatiom required by the appeal, the Board will consider legal issues presented by the appeal. Legal issues are to be framed, insofar as possible, before the Hearing and shall be based on the Department's Hearing Officer's derision and such other papers as may be filed. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. U the issues are susceptible of immediate resolution,the board may immediately decide them at the appeal bearing. If the County Counsel's advice is needed on legal question% the Board may take the matter under submission, reserving its final judgment until it receives such advice. 207. The Board may decide an appeal immediately after bearing or take the appeal under «submission. I$wow W ttr VW"r a OW grid o>"so espy of gn wtim bk Iid aankkradOn a!0M WA% d tl+a boars d il. Arns Mid BAT—O U .cu►k 010*eo.A M a�/a�arwnon.ne oowiq Asa b RESOLILMON NUMBER 92/_U4 a cAot Aio t d , . d i t RECEIVED At j K BOARD OF SUPERVISORS ! CONTRA COSTA Un. Social Service Department Contra Please reply to: 40 Douglas Drive Pgrtecto Villarreal Costa Martinez,California 94553-4068 Director County .......... - - i rTA COL'w'� EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 401935 C4FG Date of Notice: 7/08/93 RICHARD BUSH Date of Action: 7/31/93 Check Center Filing Date: 7/21/93 520 Bailey Road Hearing Date: 8/10/93 Pittsburg, CA 94565 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary :searing was scheduled for 8/lu/93 . Claimant was duly notified of the date, time and place of Hearing via letter on 7 /29/93. 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 a 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. You must submit your appeal within 14 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. Date: 8/11/93 Ken Adams Social Service Appeals Unit KA/nf i O � d d" RECEIVED UG 4 Ct:ERICeoRRaOF s CONTRA COSTA CO. i. I' I i. . _ 0 Social Service Department Contra Please reply to: 40 Douglas Drive Pgrfecto Villarreal Costa Martinez,California 94553-4068 Director Cou My % SE 4 ♦� Off, PV coux'f' EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 401935 C4FG Date of Notice: 7/08/93 RICHARD BUSH Date of Action: 7/31/93 Check Center Filing Date: 7/21/93 520 Bailey Road Hearing Date: 8/10/93 Pittsburg, CA 94565 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary fear-ing was SUIieduied for 6/lu/93 . Claimant was duly notified of the date, time and place of Hearing via letter on 7 /29 /93 . 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 a 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 . You must submit your appeal within 14 days of the date of this decision. £ID PAID PENDING A DECISION BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. Date: 8/11/93 Ken Adams Social Service Appeals Unit KA/nf ;� � � � � v • Lu 'Ct uo ctr 00 uj OCA :a sev FROM: Perfecto Villarreal, Director Social Service Department DATE: September 21, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY DWIGHT LEWIS SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Dwight Lewis' appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on July 13, 1993. The Hearing was scheduled for August 10, 1993. The claimant did not appear for the hearing, and the claim was dismissed. Signature: U��e�✓Le� ACTION OF BOARD ON September 21 , 1993 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board for hearing on the apeal from the . General Assistance Evidentiary Hearing Decision by Dwight Lewis . Jewel Mansapit, General Assistance Program Analyst, presented the staff report on the appeal . Dwight Lewis , appellant, did not appear to testify. IT IS BY THE BOARD ORDERED that the above appeal is DENIED. 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 September 21 , 1993 cc: Social Service .Department PHIL BATCHELOR, CLERK OF THE BOARD OF Program analyst SUPERVI RS D CO TY ADMINISTRATOR Appeals Unit County Counsel BY , DEPUTY County Administrator Dwight Lewis s Thi,3 Board of SupervisorsContra Cehil Batchelohe rd and founty Administration BuildingCosta County Administrator 651 Pine St., Room 106 Costa (510)646-2371 Martinez, California 94553 County Tom Powers,1st District 1 Jeff Smith,2nd District Gayle Bishop,3rd District Surma Wright MCPeak,4th District .` Tom Torlakson,5th District 40� August 23 , 1993 Dwight Lewis Check Cashing Center 520 Bailey Road 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 'Tue.sday, September 21, 1993 . In accordance with Board of Supervisor Resolution No. 92/554 , 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 Ad7( R- 1 - trat By a A n Cerve li, Deputy Clerk Enclosure cc : Board Members, Social Service Department. Attn: Appeals and Complaints Program Analyst County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 4, 1992 by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: General Assistance Hearing } Resolution Number 92/.554_ and Appeal Procedures } The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365, 75/28, 87/468, and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date, of proposed action which will reduce, suspend or terminate his or her General Assistance grant for rause. Prior notice is not required for action resulting from Board of Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department hearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a hearing within fourteen days of the date the Notice of Action was mailed. Absent evidence to the contrary, the notice is presumed to-have been mailed on the date it bears, and a request for a hearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. Where a GA recipient timely requests a hearing challenging a proposed action which will reduce, suspend or terminate his or her General Assistance grant, the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable, and bearing requests based thereon may be summarily denied. 105. Hearings will be scheduled within thirty days of the date of receipt of a request for a hearing. The Appeals Unit will mail a written notice of the hearing to the claimant at least ten days in advance of the Hearing date. 106. When a request for a hearing has been received,the claim may be reviewed and resolved in the claimant's favor by a pre-hearing review. (a) Proposed pre-hearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. If the claimant is unable to attend the hearing at the originally scheduled date and time, and a timely request for postponement is made,the Hearing Officer will make an evaluation of the request. The'bearing will not be continued beyond the hearing date unless authorized by a Hearing Officer on one of the following grounds, which require verification: (a) bearing is continued at request of the Social Service Department, RESOLUTION NUMBER 92A54 (b) mandatory court appearance which cannot be accommodated by adjusting the hearing time, (c) illness which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager) 108. Decision (a) A written decision shall be mailed to the claimant within thirty days after the hearing record is closed, unless the Department extends the time in writing, for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance!Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are!not subject to change,but the General Assistance Policy Manager may order re- hearing for: cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse hearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors within fourteen days after the decision has been mailed to the claimant. Absent evidence showing the contrary, a hearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Board will not stay the implementation of the Hearing decision, and the recipient shall not be entitled to continue to receive assistance pending further hearing. (b) The appeal will be scheduled for the first available Board meeting, but no earlier than the third meeting following receipt of the appeal. 203. The Administrative Review Panel may review appeals of Hearing decisions and recommend proposed action to the Director. (a) If ther-,ftector supports the hearing decision, the Appeals unit will be notified to proceed with the pr:sentation to the Board. (b) U the Director finds in favor of the claimant, the Clerk of the Board will be notified to withdraw the item from the Board agenda.The appropriate-Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department must file all written materials at least one week before the date set;for the Board bearing. New material must be served by mail on the opposing party. 205. (a) Upon beari#g the appeal, the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board.This record shall include the Department's Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If the facts upon which the appeal is based are not in dispute or if any disputed facts are not relevant to the issue ultimately to be decided by the Board, the Board will proceed immediateiy to the next step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLUTION NUMBER 92/554 r 206. (a) Once the facts are determined, or if there are no fact determinations required by the appeal, the Board will consider legal issues presented by the appeal. 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. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. If the issues.are susceptible of immediate resolution, the board may immediately decide them at the appeal Bearing. If the County Counsel's advice is needed on legal questions, the Board may take the matter under submission,reserving its final judgment until it receives such advice. 207, The Board may decide an appeal immediately afar hearing or take the appeal under ,=:.submission. ' 1!Wow oar"I*this M•ttus and sonnet Dopy of W mew taken and entered on the ndnutaa Of tl+s Dow 0 gypaM on the den down. A PWIL MTV4EL . of the 904ro Of County AdmaAW*ta p.KN RESOLUTION NUMBER 92/_a4 CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: August 23 , 1993 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervel'li, Deputy Clerk SUBJECT:Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Dwight Lewis 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, September 21, 1993 . Attachment CC : Board members County Administrator County Counsel The Board of Supervitrs Contra • Ce'rkofthehBoad and Cfyunty Administration BuildingCOSta County Administrator 651 Fine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District Gayle Bishop,3rd District Sunne Wright McPeak 4th District Tom Torlakson,5th District x;. a August 23 , 1993 Dwight Lewis Check Cashing Center 520 Bailey Road 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, September 21, 1993 . In accordance with Board of Supervisor Resolution No. 92/554, 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 Ad:qhh' Cer,7-e1-1i, trat By Deputy Clerk Enclosure CC : Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator f.13 41 4r:NSL�51 17 Cl I=_.iYx r� cn t: 1173:1 2 0 mvo .a. _. ■ t:�f ir) tp i u"f d" (S1 V m (1) U j+ Ck. r. 00 VI W N oa ,i Q p� b � )cn ul c, 3 r� ca cn CO m o °a M N /b UP 7 d N.N C) c.c c v p c a C r r v I 3 � 0 p CA- `.:f sy:: o� 4r � .:•� �elf• � `�' c.>�,� J� � CJ .l.. 4• 5 / N i <t+ tit! � oa cj 4 00 X C �3 Ct y o• � � N 0- it -. .nom 1 Ail 4:s ZA Iu a► E ro � ,c�n 00, ° Q a c 4 C 7 000 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on August 4, 1992 by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: General Assistance Hearing } Resolution Number 92/.554 and Appeal Procedures } The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365, 75/28, 87/468, and 88/576 which established standards for General Assistance Hearings and Appeals are bereby superseded effective September 1, 1992: Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date, of proposed action which will reduce, suspend or terminate his or her General Assistance grant for cause. Prior notice is not required for action resulting from Board of Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department hearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a hearing within fourteen days of the date the Notice of Action was mailed. Absent evidence to the contrary, the notice is presumed to have been mailed on the date it bears, and a request for a bearing is presumed to have been delivered on the date it is received'and mailed on the date it is postmarked. 104. Where a GA recipient timely requests a bearing challenging a proposed action which will reduce, suspend or terminate his or her General Assistance grant, the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable, and bearing requests based thereon may be summarily denied. 105. Hearings wdl'be scheduled within thirty days of the date of receipt of a request for a bearing. The Appeals Unit will mail a written notice of the bearing to the claimant at least ten days in advance of the Hearing date. 106. When a request for a bearing has been received,the claim may be reviewed and resolved in the claimant's favor by a pre-beariag review. (a) Proposed pre-bearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. If the claimant is unable to attend the bearing at the originally scheduled date and time, and a timely request for postponement is made,the Hearing Officer will make an evaluation of the request.The bearing will not be continued beyond the bearing date unless authorized by a Hearing Officer on one of the following grounds,which require verification: (a) hearing is continued at request of the Social Service Department, RESOLUTION NLWER 92/554 (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) illness which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager) 108. Decision (a) A written decision shall be mailed to the claimant within thirty days after the bearing record is closed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- bearing for cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 202. A written appeal must be received by the perk of the Board of Supervisors%ithin fourteen days after the decision has been mailed to the claimant.Absent evidence showing the contrary, a bearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Board will not stay the implementation of the Hearing decision, and the recipient shall not be entitled to continue to receive assistance pending further bearing. M (b) The appeal will be scbeduled for the first available Board meeting,but no earlier than the third meeting following receipt of the appeal. 203. The Administrative Review Panel may review appeals of Hearing decisions and recommend proposed action to the Director. (a) If the Director supports the bearing decision,the Appeals unit will be notified to proceed with the presentation to the Board. (b) If the Director finds in favor of the claimant, the Clerk of the Board will be notified to withdraw the item from the Board agenda.7be appropriate Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department mug file all written materials at least one week before the date set for the Board bearing.New material must be served by mail on the opposing party. 205. (a) Upon bearing the appeal, the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board.This record shall include the Department's Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If the facts upon which the appeal is based are not in dispute or if any disputed facts are not relevant to the issue ultimately to be decided by the Board, the Board will proceed immediately to the next sup without considering fact questions.Tbe.parties may stipulate to an agreed set of facts. RESOLLMON NUMBER 92J5,,,,S_ 206. (a) Once the facts are determined, or if there are no fact determinations required by the appeal, the Board will consider legal issues presented by the appeal.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. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. If the issues are susceptible of immediate resolution,the board may immediately decide them at the appeal bearing. If the County Counsel's advice is needed on legal questions, the Board may take the matter under submission,reserving its final Judgment until it receives such advice. 207, The Board may decide an appeal immediately after bearing or take the appeal under .Awbmission. 1109by as tlMt i 1RN! OC� lien ken d lntMld On 1fN INnu1�ft M of M tlts saw OR rNM* 1M Oft!I►anw ARES t it U 1 � jl/f iii •r�MMT RESownON NUMBER 92/ U4 . • • August 18 , 1993 On the date above, Mr. Dwight Lewis appeared at the front desk of this office and presented the form on the other side of this paper and stated that he wish to appeal this decision. I asked him to write his appeal on this side of the notice and he stated that he could neither read nor write and he explained that a friend had' read him the notice of the decision. Mr. Lewis stated that he had missed his hearing because he lost his identification, and he had gone to Social Service on August 9 , 1993; for some identification so that he could pick up his mail from the check cashing company and the social worker told him that she did not have time on that day to provide him with identification. He returned to social Service at approximately 2: 00 p.m. on Tuesday, and received his identification and he went to the check cashing company and picked up his mail with the notice of hearing. , He called the hearing officer and tried to explain and they told him to appeal to the Board. Signed Mr. Dwight Lewis Witnessed ° n l� RECEIVED AUG 18 1993 CLERK BOARD OF SUPERVISORS NIRA COSTA CO. • Social Service Department Contra Please reply to: Pedecto Villarreal 40 Douglas Drive ` Director Costa Martinez,California 94553-4068 County 'if UN EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 460956 C4FB nate of Notice: 7/17/93 DWIGHT LEWIS Date of Action: 7/31/93 Check Cashing Center Filing Date: 7/13/93 520 Bailey Rd. Hearing Date: 8/10/33 Pittsburg, CA 94565 Aid Paid Pending? Y STAtEMENT OF FACTS An Evidentiary -fiear ing Was buheut:ied for b/10/193 . Claiinant was duly notified of the date, time and place of Hearing via letter on 7/29/93. 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 a 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.. .FTho benefi1s.,shw.1,1 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 '1Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553...' Ynu must submit your appeal within 14 days of the date of this decision:. ' AID PAID PENDING A DECISI01Z BY THE BOARD OF' OF SUPERVISORS IS NOT AVAILABLE. Date: 8/11/93 Ken Adams Social Service Appeals Unit KA/nf Social Service DeparifentContra ` Please reply to: Perfecto Villarreal Costa M Douglas Drive Martinez,California 94553.4068 Director __�.�._._.. county S STA COUP; .S. . I EVIDENTIARY HEARINC'..DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: ('ounty Number: 460956--C4FB !gate of Notice: 7/17/93 DWIGHT LEWIS Date of Action: 7/31/ 33 Check Cashing Center Filing Date: 7/13/;"3 520 Bailey Rd. Hearing Date: 8/10/-33 Pittsburg, CA 94565 Aid Paid Pending? Y STATEMENT OF .FACTS Anal._.. y was -5ciieu�: E:a ior_- i Fs"/TJ`iQ3- C ' niarit,was:duly- --_ - notified of the date, time and place of Hearing via letter on 7:/ 29/93 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-3:00, ,V, A; 3 states that if a claimant fails to appear for an Evidentiary Hearing without previously ,a.rranging 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 Hear Jt �s� 1i be discontinued as proposed in the Notice. :;1 4Y�:.�'io:;f.:�I u ii If you are ..d �;ssa-tis-fled-,with the order of this Decision, you may appeal . the matter ,µdirectly to t°he ;:Contra Costa County Board of Supervisors. Appeals must be. 'filedi�•in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553 . Yyou must submit your appeal within 14 days of A the date. of this, decis,�.:or:. AID .LAID PENDING A DECISION B-i ::I:riE BOARD OF: OF SUPERVISORS I$ -;NO'I' ;AVAItLABLE. Date: 8/11/93 Ken Adams Social Service Appeals Unit KA/nf August 18 , 1993 On the date above, Mr. Dwight Lewis appeared at the front desk of this office and presented the form on the other side of this paper and stated that he wish to appeal this decision. I asked him to write his appeal on this side of the notice and he stated that he could neither read nor write and he explained that..-.a friend had read him the notice of the decision. Mr. Lewis stated that he had missed his hearing because he lost his identification, and he had gone to Social Service on August 9 , 1993 for some identification so that he could pick up his mail from the check cashing company and the social worker told him that she did not have:.-time on that day to provide him with identification. He returned to social Service at approximately 2 : 00 p.m. on Tuesday, and received his identification and he went to the check cashing company and picked up his mail with the notice of hearing. / He called the hearing officer and tried to explain and they told him to appeal to the Board. Signed Mr. Dwight Lewis L. 01OA Witnessed0 ° RECEIVED AUG 1 8 1993 CLERKBOARD OF SUPERVISORS CONTRA COSTA CO. r ` 1 �-ai- 93N3� FROM: Perfecto Villarreal, Director Social Service Department DATE: September 21, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY DWIGHT LEWIS SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Dwight Lewis' appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on July 13, 1993. The Hearing was scheduled for August 10, 1993. The claimant did not appear for the hearing, and the claim was dismissed. Signature:Gd _ //&A/V� ACTION OF BOARD ON September 21 , 1993 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board for hearing on the apeal from the General Assistance Evidentiary Hearing Decision by Dwight Lewis. Jewel Mansapit, General Assistance Program Analyst, presented the staff report on the appeal . Dwight Lewis, appellant, did not appear to testify. IT IS BY THE BOARD ORDERED that the above appeal is DENIED. 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 September 21 , 1993 cc: Social Service Department PHIL BATCHELOR, CLERK OF THE BOARD OF Program analyst SUPERVI RS RD CO TY ADMINISTRATOR Appeals Unit County Counsel BY , DEPUTY County Administrator Dwight Lewis pr c� 4� i lI� •-:• LU kt C p C� PT- 'e vA R co c (/��} O fY I CD 04 N O N� •z �,. O,.r W� �t:a 4-0 IS "O G CO O mU FROM: Perfecto Villarreal, Director Social Service Department DATE: September 21, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY WILFRED HOOPER SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Wilfred Hooper's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on July 22, 1993. The Hearing was scheduled for August 12. The claimant did not appear for the hearing, and the claim was dismissed. Signature: J U U - - - - - - - - - - - ACTION OF BOARD ON September 21 , 1993 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board for hearing on the above appeal . Jewel Mansapit, General Assistance Program Analyst, Social Service Department, presented the staff report on the appeal . Wilfred Hooper, appellant, did not appear to testify. IT IS BY THE BOARD ORDERED that the appeal from the General Assistance Evidentiary He-a-r:i na Decision by_ Wilfred Hooper is DENIED. 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 September 21 , 1993 cc So;. mal Service Department PHIL BATCHELOR, CLERK OF THE BOARD OF Program Analyst SUPER SOR ND CO TY ADMINISTRATOR Appeals Unit County Counsel County Administrator BY ' , DEPUTY A on Wilfred Hooper CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: August 24, 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 Wilford Hooper, Jr. ---------------------------------------------------------- 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, September 21, 1993 . Attachment cc : Board members County Administrator County Counsel Phil Batchelor The Board of SuperviOrs n r • Clerk of the Board CO t a ♦ and County Administration Building Costa County Administrator 651 Pine St., Room 106 a (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District Gayle Bishop,3rd District _ ! Sunne Wright McPsak 4th District Tom Tortakson,5th District , August 24, 1993 Wilford Hooper, Jr. 257 S. 19th Street 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, September 21, 1993 . In accordance with Board of Supervisor Resolution No. 92/554 , 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 Ad.mi ' stra r By a Ann Cerve 1'1 eputy Clerk Enclosure CC : Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on August 4, 1992 by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: General Assistance Hearing } Resolution Number 92/L54 and Appeal Procedures } The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365,75/28, 87/468,and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice,mailed at least 10 days prior to the effective date, of proposed action which will reduce, suspend or terminate his or her General Assistance grant for cause. Prior notice is not required for action resulting from Board of .Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department hearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a hearing within fourteen days of the date the Notice of Action was mailed. Absent evidence to the contrary, the notice is presumed to have been mailed on the date it bears, and a request for a hearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. Where a GA recipient timely requests a hearing challenging a proposed action which will reduce, suspend or terminate his or her General Assistance grant, the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable, and bearing requests based thereon may be summarily denied. 105. Hearings will'be scheduled within thirty days of the date of receipt of a request for a hearing. The Appeals Unit will mail a written notice of the hearing to the claimant at least ten days in advance of the Hearing date. 106. When a:request for a hearing has been received,the claim may be reviewed and resolved in the claimant's favor by a pre-hearing review. (a) Proposed pre-bearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. U the claimant is unable to attend the bearing at the originally scheduled date and time, and a timely request'for postponement is made,the Hearing Officer will make an evaluation of the request.?be hearing will not be continued beyond the hearing date unless authorized by a Hearing Officer on one of the following grounds,which require verification: (a) bearing is continued at request of the Social Service Department, RESOLUTION NUMBER 92AS4 (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) illness which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager) 108. Decision (a) A written decision shall be mailed to the claimant within thirty days after the bearing record is closed,unless the Department extends the time in writing, for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- hearing for cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors%ithin fourteen days after the decision has been mailed to the claimant. Absent evidence showing the contrary, a bearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Board will not stay the implementation of the Hearing decision, and the recipient shall not be entitled to continue to receive assistance pending further bearing. (b) The appeal will be scheduled for the first available Board meeting, but no earlier than the third meeting following receipt of the appeal. 203. The Administrative Review Panel may review appeals of Hearing decisions and recommend proposed action to the Director. (a) U the Director supports the bearing decision, the Appeals unit will be notified to proceed with the presentation to the Board. (b) If the Director finds in favor of the claimant,the Clerk of the Board will be notified to withdraw the item from the Board agenda.The appropriate Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department must file all written materials at least one week before the date set for the Board bearing.New material must be Bernd by mail on the opposing party. 205. (a) Upon bearing the appeal, the Board shall make-any required fact determinations based on the record on appeal and testimony received by the Board.This record shall include the Department's Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If the facts upon which the appeal is based are not in dispute or if any disputed facts are not relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the next step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLLMON NUMMER 92/54_ 206. (a) Once the facts are determined, or if there are no fact determinations required by the appeal, • the Board will consider legal issues presented by the appeal.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. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. V the issues are susceptible of immediate resolution,the board may immediately decide them at the appeal hearing. If the County Counsel's advice is needed on legal questions, the Board may take the matter under submission, reserving its final judgment until it receives such advice. 207. 7be Board may decide an appeal immediately after hearing or take the appeal under +submission. i 1 o. e�i;•trgoW190of s 0 sow Otto, Wd MMMbon u low don a+Rw 1sM � L Deb A"IST IL BATOMEL ,c►.rk of a earo rt SW�rnMors end CouM�irr�d0► l!i.�1 �Y RESOLUTION NUMER 92/ 554 i tAJ ko A/,, C11 Ir 4� rv\, I T4i 1l o� �'�c SS RECEIVED [A:UG:1993' CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Social Service Contra nt De arAPlease reply to: p 40 Douglas Drive Perfecto Villarreal Director Costa Martinez,California 94553-4068 County c j pq•COL""� EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #07-385721-W4NH Date of Notice: 7/13/93 Mr. Wilford Hooper, Jr. Date of Action: 7/31/93 257 S. 19th St. Filing Date: 7/22/93 Richmond, CA 94804 Hearing Date: 8_/12/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for August 12, 1993 . Claimant was duly notified of the date, time and place of Hearing via letter July 30, 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 must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. Date: August 16, 1993 Carole Allen Social Service Appeals Officer CA:gs Social Service Deparp, ent Contra Please reply to: Perfecto Villarreal Costa M Douglas Dave Martinez,California 94553-4068 Director County "a, Y r�`� COI:!•�� EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #07-385721-W4NH Date of Notice: 7/13/93 Mr. Wilford Hooper, Jr. Date of Action: 7/31/93 257 S. 19th St. Filing Date: 7/22/93 Richmond, CA 94804 Hearing Date: 8/12/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for August 12, 1993 . Claimant was duly notified of the date, time and place of Hearing via letter July 30, 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 must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. Date: August. 16, 1993 Carole Allen Social Service Appeals Officer CA:gs ,.n-yam i • ._.._. -_ _�.._-��_�,.�_�:_ -oma_.__.. _.__.__-_. ._._.___.��...__-_�...�.:_._._�________-_.__•. _._ - RECEIVED. • AUG __3_i993--- - _ .-_--- -------- CLERK BOARD OF SUPERVISORS COSTA C4- Kj r u ,3e_ FROM: Perfecto Villarreal, Director Social Service Department DATE: September 21, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY JENNIFER BUENOPALEY SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Jennifer Buenopaley's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on June 21, 1993. The Hearing was scheduled for August 5, 1993. The claimant did not appear for the hearing, and the claim was dismissed. Signature: 4U44 'l - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON September 21 , 1993 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board for hearing on the above appeal . Jewel Mansapit, General Assistance Program Analyst, Social Service Department, presented the staff report on the appeal . Jennifer Buenopaley appreared and presented testimony in support of her appeal . IT IS BY THE BOARD ORDERED that the appeal of the General Assistance Evidentiary Hearing decision by Jennifer Buenopaley is DENIED. VOTE OF SUPERVISORS: UNANIMOUS (ABSENT ) AYES: I , I I , y NOES: IV ABSENT: III 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 September 21 , 199.3 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORND COUNTY ADMINISTRATOR cc: Social Service Department Program Analyst; BY DEPUTY Appeals Unit ' County Counsel County Administrator Jennifer Buenopaley Contra Costikcmy Social Service Department EMPLOYABLE GENERAL ASSISTANCE COOPERATION AGREEMENT APPLICANT/RECIPIENT CASE NUMBER SOCIAL SECURITY NUMBER Z2 Z All Employable General Assistance Applicants/Recipients must cooperate in meeting the GA Program responsibilities and the requirements of the Work Prog'rams Division. These'fequirements are listed below. Failure to meet any of these requirements may result in the denialor discontinuance of aid and a period of ineligibility. As a General Assistance applicantrecioient I understand and agree to the following requirements: 1. I must provide all information.-.,rouested regarding my previous employment,training, skills and ability to perform workfare assignments. 2. 1 Must keep.all appoinimentsmade by the Eligibility Worker and Work Program Counselor, and BE ON TIME. If I cannot keep an appointment I'llmust call the Eligibility Worker or Counselor BEFORE THE APPOINTMENT TIME to see whether the appointment can be rescheduled. 3. 1 must attend a Work Program s Orientation appointment before General Assistance may be granted. I understand my appointment is scheduled for AM/PM,at: ❑ 1305 Macdonald Ave.,Richmond ❑ 4545 Delta Fair Blvd.,Antioch I know I must meet the responsibilities listed above. if I fail to meet any of these responsibilities without good cause, my General Assistance will be denied. I have read,or had read to me,the Information printed above. I have been given the opportunity to ask questions about these responsibilities & requirements.' I understand these responsibilities &agree to cooperate by meeting them in order to receive General Assistance. SIGNATURE r i j DATE PLACE(CJTYJCOUNTY) SIGNATURE OF INTERPRETER DATE PLACE(CITY/COUNTY) I certify that I have explained thesitiresponsibilities a the penalty procedure to the above-named applicant(recipient, have given him/her an opportunity to ask questions about these responsibilities and procedures. TELIGIBI WOR OR REPRESENTATIVE gN TELEPHONE DATE EMPLOYMENT-RELATED.ASSIGNMENTS I agree to BE ON TIME, &to COOPERATIVELY COMPLETE all assignments given to me. I understand that the assignments will include(but are not limited to)the following: • WORKFARE-performing an assigned work task,up to a maximum of 80 hours each month. I have read the section on the back of this form which expl,'alins the requirements for cooperation with the Workfare program. • JOB CLUB/JOB SEARCH-Attending a group meeting each month,&participating in a weekly job search activity. • SPECIAL ASSIGNMENTS-Such as referrals to Rehabilitation programs, Vocational Training assignments, referrals for specific job applications,and cd.Linseling appointments. All Special Assignments are to be completed by the deadline " established by the worker at the.time of assignment. AVAILABILITY TO SEEK/ACCEPT EMPLOYMENT i agree to remain available to seek & accept full-time employment. I understand that I must accept any legitimate Lob offer. Failure to continue in employment(including being fired)may be considered refusal to accept employment. VERIFICATION REQUIREMENTS • I will be required to provide prootto establish good cause for failures to meet Work Program assignments. (See the back of this form) * Lack of transportation is not a Valid excuse for missing appointments, job interviews, workfare, or any other Work Program assignment. I must learn to use public transportation systems if necessary, to keep my assignments. (A transportation special need allowance maybe authorized for Workfare.) • I MUST NOTIFY THE WORK PROGRAMS WORKER IMMEDIATELY,IF I GET A JOB. NONCOOPERATION/PERIODS OF INELIGIBILITY I understand that FAILURE to meet-any Work Program requirement without good cause may result.in the discontinuance of my GA,and a period of ineligibility. The lengths of periods of ineligibility will increase with subsequent failures: First failure = I month Second failure = 3 months Third failure = 6 months I understand that if I quit a job or am fired for cause from a job I will be ineligible to GA for six months. i have read, or had read to me, thei:information above&on the back of this form. I have been given the opportunity to ask questions about these responsibilities &requirements. I understand these responsibilities &agree to cooperate by meeting them in order to receive General Assistance. I understand by signing this form I give permission for Contra Costa County Social Service Department,to contact those places where I applied for work to verify Ty application for employment. SIGNAT RE DATE PLACE(CITYICOUNTY) 4k I certify thai I have explained these responsibilitfe.A the penalty procedure to the above-named applicant/recipient, & have given himlher an opportunity to ask questions about these responsibilities. WORK PROGRAMS REPRESENTATIVE PCN TELEPHONE L DATE 0 GA34(Rev.11192) Ref: DM49-210.49-111 Copy 1: IM File fastener#2 top ; Copy 2; WP; Copy 3: Applicant/Recipient; Copy 4: IM Control WORKFARE PROGRAM I UNDERSTAND that I may be required to perform a workfare assignment up to a maximum of 80 hours each month. I also understand that my taking part:in Workfare is not a job, and that Contra Costa County and the agency I am assigned to are not my employers. I agree to contact the supervisor of the workfare site I am assigned to ahead of time if I am not able to show up for work. If I cannot reach the workfare site Supervisor, I understand that I must then contact the Work Programs Worker. .1.also agree to provide the Workfare Supervisor or the Work Program Worker with proof of my reason for not showing u'p. During the time I am assigned to this Workfare assignment,I agree to meet the following responsibilities: * To wear clothing which is appropriate for the kind of work I have been assigned to do. QL0 shorts or open-toed shoes. * To arrive for work sober,not under the influence of alcohol or drugs. * To remain orderly at the work site. * To keep lunch/break rules. * To take direction from my Workfare site Supervisor. * To perform the tasks assignedto me. * To report apparently unsafe working conditions. * To get along with my co-workers. * To not bring anything that can be construed as a weapon.(e.g.,knives) I UNDERSTAND THAT IF I DO NOT OBSERVE THESE RULES,THE WORKFARE SITE SUPERVISOR WILL SEND ME HOME AND REPORT MY FAILURE TO MEET MY REQUIREMENTS TO THE SOCIAL SERVICE DEPARTMENT GOOD CAUSE The reasons which may establish good cause for failure to cooperate or comply must be verified,and are limited to the following: • employment has been obtained scheduled job interview or testing,which cannot be rescheduled • mandatory court appearance • incarceration • illness • death in the family • other substantial and compelling reason. (these must be circumstances beyond your control,and require review and approval by the Social Service Division Manager.) ^ ~ [ontra Cnsta �m� / W�RK PROERAhS PL�CEhEH Social Service Coun�y �ND �TTEND�NCE RECORD Department ���������� ��������` �������������������������������������� P�RTICIPANT: 7-7 C�5E ND EW PCN: _ _ .... � �� � �� _^ � _ _ _ _ ------ ---- �- ----7�-------------- -------T--------- ----------- - ------ --- - TELEPHO�E: ===========�==================================================================== A5�IE�hE@T: ��o� this fnrm to the �ork | WO�K S[�EDULE | SitJ. when ycu report at the } ... time and place listed belbw: } ------ w -- > We�k Site �/'Jenc,: ! Mcn'�ay 6/1�/93 8:OO-�:3O / �E�EpAL ����I[E�-RE�yCL��� CENTEP � �onday 6/21/�3 8:OO-4 �3� / icn 1itle: �pecial Feqei.� n�nt ` / ` i � ============== == === == ! Next 4��'c'intm� 1/�3 at 1�:���� --------------------~-------------- �Please �1 i inut�s eari�� ranspnrt��ion to �he jc� site or /�ic�'-u� point I6 �0UCl RN..:. lz...ILI7i. / If yoc a��e reqoire� t� pa'�ticiPete in t�on to � �ckcuw] �d�� �ece�n!' sf s�� �sszgno`eot �he We/ kfar� an�cixtn�nts s�own cr. ��������������������������������������������������������� / Time In | Time OutITot Firs / Participant ' s Signature | Worksite Comments � -----'-- / -------- i �------ / ----------------------- ! ----------------------- Da�' J. -................... | ..................... -.... ! -------- ' ------- } ----------------------- ! ----------------------- ------ ! -------- | -------- ................-........ i ............................................................................................ ) ..............-...........-....................................................... ..................... -............................ } .............................. ! ...................-.... ----------------------- i ----------------------- ........................ i ............................ i ............................. | ........................... | ................................................................ ...................... | ....................................................................................... �av 5 | { | | ( ---........- | ............................. / ............................... i ........................ i ........... ..................................................................-- i ................................................................-........................ --................ i ..................... ...... ! ---...............- ' ........................... | ........................................................... .............................. / -................................... .....................................-... ' ........................ i .......................-.... | ................................ i ............................ ! ---.............................------........---- ! .............................................-................................ ------ | -------- | -------- ! ------- | ----------------------- | ----------------------- �ay ---........... | ........................... | ............................... i ........................... i ........................................................................................... i ........................................................................ ............ Tway ...............................................................................................................-..................................................................................................... .................................................................................................... | | ` Additional Comments ______ / Total Hours Worked for Month of ........................................................ ' � Client/Participant ' .......................... ................................................................................._...._.......... _________ Copy 2: Case Record Worksite Sopervisbr �ignature Date Copy 3: Worksite File • CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: August 23 , 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 Jennifer Buenopaley - ---------------------------------------------------------- ---------------------------------------------------------- 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, September 21, 1993 . Attachment CC : Board members County Administrator County Counsel The Board of S u pe r4o rs • Phil Batchelor Contra t (..l Clerk of the Board and County Administration Building Costa County Administrator � 651 Pine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District S E,_t Gayle Bishop,3rd District Sunne Wright McPeak 4th District ;i f Tom Tortakson,5th District . '�v'yaris August 23 , 1993 Ms . Jennifer Buenopaley P.O. Box 585 Bethel Island, CA 94511 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 it the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 : 15 p.m. on Tuesday, September 21, 1993 . In accordance with Board of Supervisor Resolution No. 92/554, 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 Admin' str r By n Cerve i, Deputy Clerk Enclosure CC : Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on August 4, 1992 by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: General Assistance Hearing } Resolution Number 92/554 and Appeal Procedures } The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365, 75/28, 87/468, and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date, of proposed action which will reduce, suspend or terminate his or her General Assistance grant for cause. Prior notice is not required for action resulting from Board of Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department bearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a bearing within fourteen days of the date the Notice of Action was mailed. Absent evidence to the contrary, the notice is presumed to have been mailed on the date it bears, and a request for a bearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. Wbere a GA recipient timely requests a bearing challenging a proposed action which will reduce, suspend or terminate his or her General Assistance grant, the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable, and bearing requests based thereon may be summarily denied. 105. Hearings wM be scheduled within thirty days of the date of receipt of a request for a bearing. The Appeals Unit will mail a written notice of the hearing to the claimant at least ten days in advance of the Hearing date. 106. When a request for a bearing has been received,the claim may be reviewed and resolved in the claimant's favor by a pre-bearing review. (a) Proposed pre-bearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. If the claimant is unable to attend the bearing at the originally scheduled date and time, and a timely request for postponement is made,the Hearing Officer will make an evaluation of the request.The bearing will not be continued beyond the bearing date unless authorized by a Hearing Officer on one of the following grounds,which require verification: (a) bearing is continued at request of the Social Service Department, RESOLUTION NUMBER 92/554 (b) mandatorycourt appearance which cannot be accommodated by adjusting the hearing time, (c) illness which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager) 108. Decision (a) A written decision shall be mailed to the claimant within thirty days after the bearing record is closed,unless the Department extends the time in writing, for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- bearing for cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 202. A written appeal must be received by the perk of the Board of Supervisors-within fourteen days after the decision has been mailed to the claimant. Absent evidence showing the contrary, a bearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Board will not stay the implementation of the Hearing decision, and the recipient shall not be entitled to continue to receive assistance pending further bearing. (b) The appeal will be scheduled for the first available Board meeting, but no earlier than the third meeting following receipt of the appeal. 203. The Administrative Review Panel may review appeals of Hearing decisions and recommend proposed action to the Director. (a) If the Director supports the bearing decision,the Appeals unit will be notified to proceed with the presentation to the Board. (b) U the Director finds in favor of the claimant, the perk of the Board will be notified to withdraw the item from the Board agenda.The appropriate Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department must file all written materials at least one week before the date set for the Board bearing.New material must be served by mail on the opposing party. 705. (a) Upon hearing the appeal,the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board.This record shall include the Department's Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If the facts upon which the appeal is based are not in dispute or if any disputed facts are not relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the next stop without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLUTION NUMBER 92/154 205. (a) Once the facts are determined, or if there are no fact determinations required by the appeal, • the Board will consider legal issues presented by the appeal. 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 Wed. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. If the issues are susceptible of immediate resolution,the board may immediately decide them at the appeal hearing. If the County Counsel's advice is needed on legal questions,the Board may take the matter under submission,reserving its final judgment until it receives sucb advice. 207. The Board may decide an appeal immediately&her bearing or take the appeal under wbmission n«6er d.ro+r VW ad6 r•wo end ax, OPY at ss+ 9cW Inken v+e .nand a+ 11116 6 ftM d ens �oaM on a6 do" ATTES PHIL 9ATC 4EL .C*fk Of 11116 BaLO ri end C mM A&WAVMW A � p6pua RESOLUTION NUMBER 92/ 554 o • cccc C; • ( (- (: f! •c(- AO (' C COO (- es O • C Os C, c as :: l 000 0(: C. C (> • (: C Cl • , ' L., C C C: d a d It n. _. RECE�v -_ Au- I -So C • 0 r' C r c r' C -- -- __.._ -- -. - - CLERK BOA'j a of COSTA CO�5-` CLO ( 1C C . Cl • / � O • ( C. C- 0 • C WE — --- --- -- -- - --- -- — - - _.... C • ( i ( c (" Of C 00 ( ( C.. OOC t C O () C ( 004 [ , 0 • t= C C cC' cl 1 Social Service Depart r nt Contra Please reply to: Perfecto Villarreal Costa 40 Douglas Drive 0, c,�c,c Costa Martinez.California 94553 4068 County '� COUNT EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #07-506544-C4FF Date of Notice: 6/10/93 Ms. Jennifer Buenopaley Date of Action: 6/30/93 P.O. Box 585 Filing Date: 6/21/93 Bethel Island, CA 94511 Hearing Date: 8/5/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for August 5, 1993. Claimant was duly notified of the date, time and place of Hearing via letter July 22, 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 must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. Date: August 10, 1993 Kate Quisenberry Social Service Appeals Officer KQ:gs ` CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: August 23, 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 Jennifer Buenopal'ey 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, September 21, 1993 . Attachment CC : Board members County Administrator County Counsel Phil Batchelor The Board of SupervorsContra Clerk of the Board County Administration Buildingand Costa County Administrator 651 Pine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District K. j Gayle Bishop,3rd District Sunne Wight McPeak 4th District Tom Torlakson,5th District __ w '�r'•.r�fl � August 23 , 1993 Ms. Jennifer Buenopaley P.O. Box 585 Bethel Island, CA 94511 . 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, September 21, 1993 . In accordance with Board of Supervisor Resolution No. 92/554 , 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 Admin' strrr By o n Cerve i, Deputy Clerk Enclosure cc : Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator ' • • THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on August 4, 1992 by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: General Assistance Hearing } Resolution Number 92/.L54 and Appeal Procedures } The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365,75/28, 87/468, and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date, of proposed action which will reduce, suspend or terminate his or her General Assistance grant for cause.Prior notice is not required for action resulting from Board of Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department hearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a hearing within fourteen days of the date the Notice of Action was mailed. Absent evidence to the contrary, the notice is presumed to have been mailed on the date it bears, and a request for a bearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. Where a GA recipient timely requests a bearing challenging a proposed action which will reduce, suspend or terminate his or her General Assistance grant, the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable, and bearing requests based thereon may be summarily denied. 105. Hearings will be scbeduled within thirty days of the date of receipt of a request for a bearing. The Appeals Unit will mail a written notice of the hearing to the claimant at least ten days in advance of the Hearing date. 106. When a request for a bearing has been received,the claim may be reviewed and resolved in the claimant's favor by a pre-bearing review. (a) Proposed pre-bearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. If the claimant is unable to attend the bearing at the originally scheduled date and time, and a timely request for postponement is made,the Hearing Officer will make an evaluation of the request.The bearing will not be continued beyond the bearing date unless authorized by a Hearing Officer on one of the following grounds,which require verification: (a) bearing is continued at request of the Social Service Department, RESOLUTION NUMBER 92/554 - (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) illness which prevents travel, (d) death in the immediate famiily, (e) other substantial and compelling reason. (as approved by the Appeals Manager) 108. Decision (a) A written decision shall be mailed to the claimant within thirty days after the bearing record is closed,unless the Department extends the time in writing, for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- bearing for cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors%ithin fourteen days after the decision has been mailed to the claimant. Absent evidence showing the contrary, a bearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Board will not stay the implementation of the Hearing decision, and the recipient shall not be entitled to continue to receive assistance pending further bearing. (b) The appeal will be scheduled for the first available Board meeting, but no earlier than the third meeting following receipt of the appeal. 203. The Administrative Review Panel may review appeals of Heating decisions and recommend proposed action to the Director. (a) If the Director supports the bearing decision, the Appeals unit will be notified to proceed with the presentation to the Board. (b) If the Director finds in favor of the claimant, the Clerk of the Board will be notified to withdraw the item from the Board agenda The appropriate Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department must file all written materials at let one week before the date set for the Board bearing.New material must be served by mail on the opposing party. 205. (a) Upon bearing the appeal, the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board.This record shall include the Department's Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If the facts upon which the appeal is based are not in dispute or if any disputed facts are not relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the next step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLUTION NUMBER 92/55 206. (a) Once the facts are determined, or if there are no fact determinations required by the appeal, • the Board will consider legal issues presented by the appeal. 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. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. H the issues:are susceptible of immediate resolution,the board may immediately decide them at the appeal hearing. If the County Counsel's advice is needed on legal questions, the Board may take the matter under submission,reserving its final judgment until it receives such advice. 207. The Board may decide an appeal immediately after bearing or take the appeal under ..,submission. I WOW or* WO ud eomwt eoaY o+ sew *ken ono 0 WWd" tlM Mnu4� of tit! Dow d ATfESi11vMa M C "Sore AdMWWWO RESOLVnON NUMBER 92f 554 tt 0 • C° • C (100C , 00 CC. c v • c 310 ' • e C C. c o S/9 _ -- --------- _...... a c d -n - �J PRE CEIV c • n �- c- c. _ -- — -- - - CLARK BOA��COS A CJ iSv J .. . .--.... G- Ol1C C 004 C . o • ( C: C: O • C - -- --- - - --- -- _.___ - C Ot► C C O . 4 0 • C` C C CCC `c \ Social Service DepartmSt Contra Please reply to: Perfecto Villarreal 40 Douglas Drive Costa Martinez,California 94553"4068 f!rr.cttr C.� County ........... a STS•(.�;,NS.( " EVIDENTIARY,.HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County 107-506544-C4FF Date of Notice: 6/10/93 Ms. Jennifer Buenopaley Date of Action: 6/30/93 P.O. Box 585 Filing Date: 6/21/93 Bethel Island, CA 94511 Hearing Date: 8/5/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for August 5, 1993. Claimant was duly notified of the date, time and place of Hearing via letter July 22, 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 must be filed within fourteen (24) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. Date: August 10, 1993 Kate Quisenberry Social Service Appeals Officer KQ:gs ,i f r' A� •� s f. J Q IA �l6'�•../S//. � .......... d o d a d' ............ . ... ........ ........ E ....................... . ............. ............ ......... ...... . ..................... ... .......... ...... .......... ... ............. ............. ......._... .............. ... . .... .......... ........... .......... .... ...... ......... ............. ............. ......... .. ..... ..... ..s• SCE..I) F.:.3i.. AUG I S 1 ........ ........ ..... .. VPEFt f.:LERK GrpA COSTA . .... ............... ....... ..... ......... ........................._...... .... ..... ......... ...... ......... -- Social Service DepartmentCorltr� � Please reply to: 40 Doti Perfecto Villarreal glas DriveCosta Martinez,California X14 X53 4068 ri4:;etcr Costa County EVIDENTIARY: HEAR DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: �' County #07-506544-C4FF Date of Notice: 6/10/93 Ms. Jennifer Buenopaley Date of Action: 6/30/93 P.O. Box 585 Filing Date: 6/21/93 Bethel Island, CA ' 94511 Hearing Date: 8/5/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for August 5, 1993 . Claimant was duly notified of the date, time and place of Hearing via letter July 22 , 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual fiction 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 Heariing. 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, Date: August 10, 1993 Kate Quisenberry Social Service Appeals officer KQ:gs . ;ti 4. 3 F FROM: Perfecto Villarreal, Director Social Service Department DATE: September 21, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY RENWICK GIBBS SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Renwick Gibb's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on June 23, 1993. The Hearing was scheduled for July 26, 1993. The claimant did not appear for the hearing, and the claim was dismissed. Signature: ZIA"a - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON September 21 , 1993 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board for hearing on the above appeal . Jewel Mansapit, General Assistance Program Analyst, Social Service Department, presented the staff report on the appeal . Renwick Gibbs , appellant, did not appear to testify. IT IS BY THE BOARD ORDERED that the appeal from the General Assistance Evidentiary Hearing Decision by Renwick Gibbs is DENIED. 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 cc: Social Service Department ENTERED ON THE MINUTES OF THE BOARD OF Program Analyst SUPERVISORS ON THE DATE SHOWN. Appeals Unit County Counsel ATTESTED September 21 , 1993 County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF Renwick Gibbs SUPERV ORS ND ',QL4NTY ADMINISTRATOR BY , DEPUTY Department of Social Services Cit • y and Co;unty of San Francisco 1,COLIN, 71) To: Case Name I fI2 i�l UT� ?,6, 3 0 C SF County Date L j- am estab `s'inq ai.v residence in SF County and am applying- for General Assistance there. I hereby request that my GA/GR AFDC Food Stamps 'Refugee Assistance Medi-Cal City, County, State be withdrawn discontinued effective -73 Client's Sign ture L7 P SF County Worker Name Number (415) 558 4 SF County Worker phone Forin 231.1 (3/88) Client's Reauest for Discontinuance of Aid in linother County. Original to Other County, Duplicate to Case Record. 71%' CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: August 16, 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 Renwick Gibbs 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, September 21, 1993 . Attachment CC : Board members County Administrator County Counsel • The Board of SupervilkirsContra • Phil Batchelor Clerk of the Board and County Administration BuildingCosta County Administrator 651 Pine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District Q S F �. Gayle Bishop,3rd District Sunne Wright McPeak 4th District Tom Torlakson,5th District '11� August 16, 1993 Renwick Gibbs 343 S . 17th Street Richmond, CA 94801 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, September 21, 1993 . In accordance with Board of Supervisor Resolution No. 92/554 , 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 Byin Q6 n Cervel Deputy Clerk Enclosure cc : Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on August 4, 1992 by the following vote: AYES: Supervisors Fanden, Schroder, Toriakson, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: General Assistance Hearing j Resolution Number 92/.554 and Appeal Procedures j The Contra Costa County Board of Supervisors RBSOLYES that the provisions of Resolutions No. 74/365,75/28, 87/468, and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date, of proposed action which will reduce, suspend or terminate his or her General Assistance grant for cause.Prior notice is not required for action resulting from Board of Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department bearing upon their timely written request. .(a) The applicant or recipient must deliver or mail a written request for a bearing within fourteen days of the date the Notice of Action was mailed. Absent evidence to the contrary, the notice is presumed to;;ave been mailed on the date it bears, and a request for a bearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. 'Where a GA recipient timely requests a bearing challenging a proposed action which will reduce, suspend or terminate his or her General Assistance grant,the proposed action will be stayed until a:decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable, and bearing requests based thereon may be summarily denied. 105. Hearings will be scheduled within thirty days of the date of receipt of a request for a hearing. 7be Appeals Unit will mail a written notice of the hearing to the claimant at least ten days in advance of the Hearing date. 106. When a request for a heating bas been received,the claim may be reviewed and resolved in the claimant's favor by a pre-bearing review. (a) Proposed pre-hearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. Y the claimant is unable to attend the bearing at the originally sebeduled date and time, and a timely request,for postponement is made,the Hearing Officer will make an evaluation of the request.The bearing will not be continued beyond the beating date unless autborizcd by a Hearing Officer on one of the following grounds,which require verification: (a) bearing is continued at request of the Social Service Department, RESOLUTION NUMBER 921554 (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) illness which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager) 208. Decision (a) A written decision shall be mailed to the claimant within thirty days after the bearing record is closed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- hearing for cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse hearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors v►ithin fourteen days after the decision has been mailed to the claimant.Absent evidence showing the contrary, a hearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Board will not stay the implementation of the Hearing decision, and the recipient shall not be entitled to continue to receive assistance pending further bearing. (b) The appeal will be scheduled for the fust available Board meeting,but no earlier than the third meeting following receipt of the appeal. 203. The Administrative Review Panel may review appeals of Hearing decisions and recommend proposed action to the Director. (a) If the Director supports the hearing decision,the Appeals unit will be notified to proceed with the presentation to the Board. (b) If the Director finds in favor of the claimant,the perk of the Board will be notified to withdraw the'item from the Board agenda.The appropriate Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department must file all written materials at least one week before the date set for the Board bearing.New material must be served by mail on the opposing party. 205. (a) Upon bearing the appeal,the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board.This record shall include the Department's.Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If the facts upon which the appeal is based are not in dispute or if any disputed facts are not relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the next step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLUTION NUMBER 92/5 ` 246. (a) Once the facts are determined, or if there are no fact determinations required by the appeal, • the Board will consider legal issues presented by the appeal. 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. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. If the issues are susceptible of immediate resolution, the board may immediately decide them at the appeal hearing. If the County Counsel's advice is needed on legal questions,the Board may take the matter under submission,reserving its final judgment until it reives such advice. ce 207. The Board may decide an appeal immediately after bearing or take the appeal under ,Ptbmission. ryy y tltit*W M•WO Wd era+OW of an 40W Uk9n 04 enwad On #off of __1����1 A1Tt45TPN�L� SEL coon*O to b o•v�Y RESOLUTION NUMBER.92/_U4_ r C AL. L "I� t r�-'� `.� Vic: L, c� J RECEIVED AUG — 5 IM CLERK BOARD OF SU?CRVISOPr CONTRA COST AA r"). ; AUG — 1 1 — 93 WED 9� 0 P . © m Social Service Department Contra P103s°reply t°: 40 Douglas Orive Perfecto VillarreatCosta Martinez,California 04663-4068 �irp�tor v County 1 .7 RVIDENTIARY REARING DECISI4Mt NOTICE OF DISMISSAL In THE MATTER OFt county f: 434885-W4NJ Filing Date: 6/23/93 Renwick Gibbs Notice Date: 6/09/93 343 S. 17th St. Action Date: 6/30/93 Richmond, CA 94801 Hearing Date: 7/26/93 Aid Paid Pending? YES STATEMENT OF FACTS An 'Evidentiary Hearing was .scheduled for July 26, 1993. Claimant was. duly notified of the date, time and place of Hearing via letter July 14, 1993. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE_D8CI8IO 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 propose. action shall take place immediately upon dismissal. PRDBR 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 appea1. 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. July 34, 1993 ; Carole Allen social Service Appeals Officer CA:sls '' -4-47 -�- 1 ' RECE.iVE®i- AUG - 51993 -- — K BOARD OF SUPE IA[ SO 'i__—•__— _- _ _. —CONTRA COS?`' c�. i, 1. I. a I 'I A 1 1 - 4S WEDS 4 0 P _ 02 Social Service Department Contra 40 Do ix;Drive 40 Douc��as Orivo Perfecto Villarreal Costa Mprtimat,California 04553-4068 County Ip NVIDENTIARY HEART _DECIBIgNs NOTICE OF I?ISITYS AL r! TLRE� MATTER OFI county #: 434885-W4NJ Filing Date: 6/23/93 Renwick Gibbs Notice Date: 6/09/93 343 S. 17th St. Action Date: 6/30/93 Richmond, CA 94841 Hearing Date: 7/26/93 Aid Paid Pending? YES ,STATEMENT of FACTS An Evidentiary Hearing was ,sched.uled for July 26, 1993 . Claimant was. duly notified of the date, time and place of Hearing via letter July 1:4 , 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR TRE DECYBIOPN Department Manual section 22300, V, A, 3 states that if claimant fails to appear 'for an Evidentiary Hearing without previ.ou;31y arranging for a postponpmeht, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal.. ORDBR 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, Martinezr 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. July 30, 1993 Carole Allen Social Service Appeals officer CA: sls �-- B M r 7 V .0 v .w . cn ® �O 40. and ►L"? 0v , r L°J Q 0 f