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HomeMy WebLinkAboutMINUTES - 08011995 - C.51 ADDENDUM TO ITEM D.8, C.51 AND C.52 AUGUST 1, 1995 On this date, the Board of Supervisors considered the report from the Family and Human Services committee relative to shared housing adjustment for General Assistance recipients (item D.8), the adoption of a resolution establishing General Assistance Hearing and Appeal Procedures (item C.51), and the adoption of a resolution establishing General Assistance Standards of Assistance regarding direct vendor payments as in-kind assistance and regarding the in-kind value of shelter care (item C.52). The following persons presented testimony: Philip Bertenthal, P.O. Box 2289, Richmond, representing contra Costa Legal Services Foundation; ` Susan Prather, El Cerrito; Bruce Oberlander, P.O. Box 31, Concord; Joan Stern, 2124 Anneita Drive, Pleasant Hill, representing Crisis and Suicide Intervention. After discussion by the Board, Supervisor Smith moved approval of a resolution establishing General Assistance Hearing and Appeal Procedures as modified as stated in Mr. Bertenthal's letter to the Board of Supervisors dated July 27, 1995, to increase the notice time for homeless recipients to seventeen days and to more clearly delineate the hearing postponement requirements, and to clearly identify when people will be reinstated as Mr. Berthenthal has listed. Supervisor Rogers seconded the motion. The vote on the motion was as follows: AYES: Supervisors Rogers, Smith and Torlakson NOES: Supervisors Bishop and DeSaulnier ABSENT: None ABSTAIN: None Supervisor Smith moved to discuss the item listed as D.8 since the material had not been presented in a timely manner to comply with the Better Government Ordinance. Supervisor Rogers seconded the motion. The vote to consider the item was unanimous by the five Supervisors present. Supervisor Smith moved to refer the review of the contract with Shelter, Inc. to the Family and Human Services Committee for report to the Board on August 8, 1995. Supervisor DeSaulnier seconded the motion. Supervisor Bishop requested that the issue of the homeless hotline and the use of Crisis and Suicide Prevention be referred to the Family and Human Services Committee. Supervisor Smith concurred. The vote on the motion was unanimous by the five Supervisors present. Supervisor DeSaulnier moved adoption of the staff recommendations with Supervisor Smith's recommendation 2A and to have staff come back to the Board with a more defined, narrowed definition of relatives. Supervisor Torlakson seconded the motion. Supervisor Smith moved to amend the motion to include a report from Sacramento about the implications of whatever they will do on this policy and procedure. Supervisor DeSaulnier concurred. Supervisor Rogers moved to amend the motion to include that if a waiver is obtained, that the Board would revisit this matter and eliminate it. Supervisor Torlakson requested that staff bring back a report on the process by which a waiver could be pursued. Supervisor Smith indicated that would be agendized next week. The vote on the motion was unanimous by the five Supervisors present. Supervisor DeSaulnier moved adoption of the resolution establishing General Assistance Standards of Assistance regarding direct vendor payments as in-kind assistance and regarding the in-kind value of shelter care, with non-sectarian removed. Supervisor Smith seconded the motion. The vote on the motion was unanimous by the five Supervisors present. . The resolutions listed under D.8, C.51 and C.51 were approved with amendments and due to the extent of the amendments, the Clerk of the Board was instructed to relist the resolutions for final adoption on the August 8, 1995, Board agenda. i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 1, 1995 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: General Assistance Hearing ) RESOLUTION NUMBER 95/ and Appeal Procedures ) The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolution No. 92/554, as amended by Resolution No. 94/92, which established standards for General Assistance Hearings and Appeals are hereby superseded and the following provisions are adopted pursuant to Welfare and Institutions Code Section 17001, effective August 1, 1995. 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 a General Assistance grant for cause. Prior notice is not required for action resulting from Board of Supervisors changes in grant levels. 103. Hearings (a) All notices of action which involve discontinuance of aid and a period of ineligibility for failure or refusal to comply with program requirements will include notice of a pre-scheduled appeal hearing. (1) The hearing date, time and location will be included on the front of the notice of action. (2) The hearings will be scheduled by the General Assistance automated caseload management system. The hearing will be scheduled to take place no sooner than ten days from the date of the notice of action, and no later than the proposed effective date of the action. (3) A recipient who receives a notice less than five days before the scheduled hearing date shall receive a continuance of at least five days, upon request. Hearings may be continued otherwise in accordance with the Social Service Department Manual. Continuances pursuant to this section do not stay the noticed action, but aid shall be restored within one working day, in the event of a hearing decision favorable to the recipient. (b) All notices of action to deny an application, and all notices of action to reduce, - suspend, or terminate a General Assistance grant, other than as provided in part 103 (a), may be appealed by the applicant or recipient's timely written request for a hearing. (1) 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 RESOLUTION NO. 95/ Page 1 date it bears, and a request for a hearing presumed to have been delivered on the date it is received and mailed on the date it is postmarked. (2) Where a General Assistance recipient timely requests a hearing hereunder 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. (c) Applicants or recipients may appeal the application to them of General Assistance program requirements by timely written request for a hearing, delivered to the Department within fourteen days of the action taken. Such appeals do not stay the action. The decisions of the Appeals Unit in such cases may be appealed by the applicant, recipient, or the Department, to the Social Service Director. 104. Actions implementing Board of Supervisors' changes in General Assistance grant levels are not appealable and hearing requests based thereon may be summarily denied. 105. Hearings, other than those automatically scheduled, 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 seven days in advance of the Hearing date. 106. The General Assistance Hearing Representative will present the Department's position at the hearing. (a) Prior to a hearing under section 103 (b) or (c), the representative will, and under section 103 (a) may, review the action in dispute. (b) In preparing for the presentation, if the Hearings Representative finds that the action is incorrect, the worker will be so advised. 107. If a claimant is unable to attend the hearing at the originally scheduled date and time, and a timely request for postponement is made, the Appeals Manager or his/her designee will make an evaluation of the request. Except as provided in section 103 (a) (3), the hearing will not be continued beyond the hearing date unless authorized by the Appeals Manager or his/her designee on one of the following grounds, for which verification may be required: (a) hearing is continued at request of the Social Service Department, (b) mandatory court appearance which cannot be accommodated by adjusting the hearing time, (c) illness which prevents travel, (d) death in the family, (e) other good reason (as approved by the Appeals Manager), which may include unavoidable inability to consult with a representative. 108. Decision In hearings under section 103 (a), a summary written decision shall be made on the hearing date, and copies delivered to the appellant and to the Department. As to other hearings, 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. RESOLUTION NO. 95/ Page 2 Part 2 Appeals to the Social Service Director 201. The applicant, recipient or the Department may appeal an adverse hearing decision to the Social Service Director. 202. A written appeal must be filed with the Social Service Department within fourteen days after the decision has been delivered or mailed to the appellant. Absent evidence to the contrary, a hearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Social Service Director will not stay the implementation of the hearing decision, and the appellant shall not be entitled to receive a General Assistance grant pending the appeal and/or the further hearing following the appeal. (b) The appeal will be scheduled to be heard within thirty days of the Department's receipt of the written appeal. The appellant shall be mailed or served written notice of the appeal hearing at least seven days before the appeal hearing. 203. The appeal hearing will be before the Social Service Director or the Director's designee. The designee shall be an Assistant Director or other management employee of the Social Service Department who does not work in the area of General Assistance, and who did not take part in the subject decision. 204. All written materials must be filed at least one week before the date set for the appeal hearing. 205. The Social Service Director or the Director's designee shall decide the appeal based on the record on appeal and testimony received by the Director or designee. This record shall include the hearing decision appealed from and all papers filed at said hearing. 206. The Social Service Director or designee shall make any required fact determinations based on the record. The parties may stipulate to an agreed set of facts. 207. Once the facts are determined, or there are no factual determinations required by the appeal, the Social Service Director or designee will consider any legal issues presented by the appeal. If possible, legal issues should be framed and submitted before the appeal hearing and shall be based on the hearing decision appealed from. (a) The parties may make legal arguments both in writing and orally before the Social Service Director or Director's designee. Legal issues may be immediately decided at the appeal hearing. If the County Counsel's advice is needed on legal questions, the Social Service Director or designee may take the matter under submission until such advice is received. 208. The Social Service Director or the Director's designee may decide an appeal immediately after the appeal hearing or take the appeal under submission, in which case the appeal shall be decided within 30 days after submission unless the Director extends the time for decision for cause. The appeal decision shall be in writing. Contact: Jewel Mansapit, Social Service, 313-1601 RESOLUTION NO. 95/ Page 3 SOCIAL SERVICE DEPARTMENT CONTRA COSTA COUNTY DATE: August 1, 1995 TO: Board of Supervisors FROM: Robert Hofmann, Acting itor SUBJECT: General Assistance Hearing and Appeal Procedures Recommendation: That the Board of Supervisors adopt the proposed Resolution, superseding Resolution No. 92/554 as amended by Resolution No. 94/92, authorizing changes to the General Assistance Hearing and Appeal Procedures This proposed.resolution.and provides for pre-scheduled appeal hearings for notices of action which involve discontinuance of aid and a period of ineligibility for failure or refusal to comply with program requirements. Gen 9c (New 3/86)