HomeMy WebLinkAboutMINUTES - 01051988 - 1.72 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
January 5 , 1988
Adopted this Order on , by the following vote:
AYES: Supervisors POWers , Fanden, Schroder , Torlakson, McPeak.
NOES: None .
ABSENT: None .
ABSTAIN: None
SUBJECT: In the Matter of )
Approving Stipulation )
in Shirley v. County of )
Contra Costa, et al. )
Upon the recommendation of the County Counsel, it is by the
Board Ordered:
The Stipulation in Shirley v. County of Contra Costa, et al . ,
a copy of which is attached hereto, is hereby approved.
I hereby certify that this is a trtieand correct copy of
an action taken and entered on the minutes of the
Board of Supervl 'rs on the date shown.
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ATTESTED: 9
PHIL BA HELOR,Clerk of the Board
of Supervisors and County Administrator
L
Deputy
By
Orig. Dept.:
cc: County Administrator
County Counsel
Auditor-Controller
Social Services
I:
1 Contra Costa Legal Services Foundation
Philip J. Bertenthal
2 Elizabeth R. Arnold
1017 Macdonald Avenue
3 P.O. Box 2289 s'
Richmond, CA 94802
4 Phone: (415 ) 233-9954
5 Attorneys for Plaintiff/Petitioner
6 Victor J. Westman
County Counsel
7 Contra Costa .County
By: Arthur W. Walenta
8 Assistant County Counsel
P.O. Box 69
9 County Administration Building
651 Pine Street, 9th Floor
10 Martinez, CA 94553
Phone : (415 ) 372-2070
11
Attorneys for Defendants/Respondents
12
13 SUPERIOR COURT OF CALIFORNIA, COUNTY OF CONTRA COSTA
14 RODELL SHIRLEY, )
NO. 277556
15 Plaintiff/Petitioner, )
STIPULATION
16 V. )
17 COUNTY OF CONTRA COSTA, CONTRA )
COSTA COUNTY BOARD OF )
18 SUPERVISORS, ROBERT E. JORNLIN, )
DIRECTOR OF THE CONTRA COSTA )
- - 19 COUNTY DEPARTMENT OF SOCIAL )
SERVICES, DOES I through IV, )
20 )
Defendants/Respondents . ) .
21 )
22
23 The parties, by and through counsel, hereby agree to the
24 following stipulation, 'which constitutes a final settlement of all
25 issues in this action.
26 1. Defendants shall pay to plaintiff Rodell Shirley the
27 sum of $1, 000 reflecting full settlement of all claims arising out
28 of the denial of his .application for General Assistance.
1 2. The Contra Costa County Social Service Department will .
2 revise its' Department Manual, section 49-204, paragraph II.B. 2, to
3 read as follows:
4 The applicant/recipient must be a legal
resident with an address in Contra Costa
5 County which can be given to the Social
Service Department as his/her place of
6 residence, but other evidence of residency
may be substituted for the address
7 requirement if the applicant/recipient
does not have an address; provided that
8 the applicant/recipient bears the burden
of proving legal residency.
9
10 3. The Contra Costa County Social Service Department
11 will add a Department Manual, section 49-204.III.A. 3 (f) the
12 following:
13 Nothing in this section should be
construed as requiring an address in
14 Contra Costa County as a condition of
General Assistance eligibility. ,
15
16 4 . The Social Service Department will, within thirty
17 days of the date of filing of this Stipulation, .publish a Department
18 Memorandum which revises Department Manual section 49-204 as
19 described in paragraphs 2 and 3 of this Stipulation, and which
20 states in narrative form that a fixed home address is not a
21 necessary condition for General Assistance eligibility, that
22 Department clients should not be told that it is 'a requirement, and
23 that Department Manual section 49-204 governs residence requirement
.24 and proof of residence. In' addition to ,the .standard distribution o
25 the Department Memorandum the Social Service. Department will provide
26 an individual copy of the Department Memorandum to each reception-
27 ist, intake worker, eligibility worker and social worker employed b
28 the Social Service Department, and to their immediate supervisors.
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1 5. Within forty-five days of the distribution of the
2 Department Memorandum described in paragraph 3, above, the employee
3 who are designated to receive individual copies will ! be given an
4 oral review of the substance of the Department Memorandum described
5 in paragraph 3, and they will be given an opportunity to have their
6 questions answered. The oral review may be conducted at regularly
7 scheduled staff meetings.
8 6. Defendants will provide plaintiff ' s counsel with a
9 copy of the Department Memorandum described in paragraph 4 before i
10 is distributed, and will grant counsel an opportunity to comment on
11 the text of the Department Memorandum.
12 7. For a period of twenty-four months from the date of
13 this Stipulation, any new receptionist, eligibility worker, intake
14 worker, social worker or supervisor who has not received the notice
15 and review provided by sections 4 and 5 of this Consent .Decree,
16 shall receive the individual copy of the Department Memorandum '
17 specified in paragraph 4 of this Stipulation prior to beginning in
18 the new position.
19 8. The Department shall provide a reminder notice six
20 months after the initial notice is sent under paragraph 4 . This
21 reminder notice may be the same notice sent out under paragraph 4 .
22 9. Plaintiffs ' counsel shall receive reports of the
23 internal distribution of the material required by paragraph 4-8
. 24 of this Stipulation 6 months and 12 months after the effective date
25 of this stipulation.
26 10 . Nothing in this Stipulation shall preclude the Socia
27 Service Department from inquiring as to residency, requiring proof
28 of residency, or from promulgating other manual provisions
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I' .
1 respecting residency.
2 11, Defendants will prominently display signs near the
3 reception window in each Social Security Department waiting room an
4 on each Social Service Department bulletin board in the reception
5 area. The 'signs will read in large, boldface type:
6 Persons who are legal residents of Contra
Costa County may qualify for General Assistance
7 even though they have no street address.
8 Defendants will certify to plaintiff ' s counsel that the signs have
9 been posted as specified in this paragraph. This certification will
10 state by whom and on what dates the signs were posted.
11 12. Each office of the Department of Social Services
12 which takes applications for General Assistance shall maintain the
13 following date for 12 months beginning 60 days after the effective
14 date of" this Stipulation:
15 The number of GA applications denied for
failure to establish residency, including
16 denials for failure to cooperate in
establishing residency and failure to
17 prove residency.
18 13. The data set out in paragraph 12 , tabulated
19 separately for each Social Service office which takes applications,
20 shall be supplied to plaintiff ' s counsel within 30 days of the clos
21 of each month in the 12-month period set out in paragraph 12 .
22 14. Plaintiff and defendants will prepare a joint writte
23 press release which they will issue at the time of the execution of
24 this Stipulation. The press release will state that the defendants'
25 former policy of denying General Assistance to persons with no
26 fixed address was changed more than one year ago, and it will set out
27 defendants ' current policy.
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1 15. The County of Contra Costa shall pay to the Contra
2 Costa Legal Services Foundation in full satisfaction of all
3 plaintiffs ' existing and future claims for attorney fees and costs ,
4 the sum of $ 50 0
5
6 Dated: C.11ydikIr-
7 Contra Costa Legal Services Victor J. Westman
Foundation, et al. County Counsel
8
9 By: By:
Philip J.(' Btenthal, Arthur W. Walenta, Jr. ,
10 'Attorneys for Plaintiff/ Assistant County Counsel,
Petitioner Attorneys for Defendants/
11 Respondents
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