HomeMy WebLinkAboutMINUTES - 11091993 - 1.67 167
FROM: Perfecto Villarreal, Director
Social Service Department
DATE: November 2, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY BETTY MORGAIN
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board grant Betty Morgain's appeal of the General Assistance Hearing
decision.
BACKGROUND:
Claimant filed request for Hearing on August 15, 1993. The Hearing was
scheduled for September 9, 1993. The claim was denied.
Signature:
ACTION OF BOARD ON November 9, ,1993
APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS:
X UNANIMOUS (ABSENT II )
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 November 9, 1993
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY , DEPUTY
cc: Social Service Dept.
Program Analyst - -
Appeals Unit
County Counsel
County Administrator
Betty Morgain
- , /Ila
CLERK OF THE BOARD
Inter-Office Memo
TO: Social Services Department DATE: October 15, 1993
Appeals and Complaints Division and
Program Analyst
FROM: Jeanne Maglio, Chief Clerk
Ann Cervelli, Deputy Clerkw
SUBJECT:New hearing on Appeal from Administrative Decision
Rendered on General Assistance Benefits Filed By Betty
Morgain
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, November 2, 1993 .
Attachment
CC : Board members
County Administrator
County Counsel
• The Board of Supervisors Contra Clerk 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
sE.t
Gayle Bishop,3rd District
Sunne Wright MCPesk 4th District
Tom Torlakson,5th District
ra coiik`�
October 15, 1993
Betty Morgain
567 So. 30th 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, November 2, 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 • str r
B
Y
n ervel 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
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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 and mailed on 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 will 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-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,
(b) mandatory court appearance which cannot be accommodated by adjusting the bearing time,
u (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 C9erk of the Board of Supervisors-Aithin 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) If the Director finds in favor of the claimant,the Qerk 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 hearing.New material must be served by mail on the opposing party.
205.
(a) Upon bearing the appeal,the Board&ball 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) U 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 NUMBER 92/85
. 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 Sled.
(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, reservingits final judgment until it receives such advice.
207. The Board may decide an appeal immediately after bearing or take the appeal under
submission.
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RESOLMON NUMBER 92/x,4
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RECEIVED RECEIVED
OCT 12 1.993
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
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Please reply to:
Social Service Department Contra 40 Douglis Drive
perfecto VNIarrea{ Costa
Ma tinez,Wifornia 94553-4068
Directs ``7
County
.EN ANCE .EVI TT RY�- 1 —G DF ISI
:MATTER Q-Eis
Betty Morgain, Claimant County #:329926-W4JE
567 So. 30th St. Date of County Notice:8-10-93
Richmond, Ca 94804 Effective Date of Action:8-31-93
Filing Date:8-15-93
Hearing Date:9-5-93
Aid Paid Pending: yes
Hearing Officer: Ruby Molinari
Income Maintenance Representative: Wanda Wong, IM Supervisor
Place of Hearing: Richmond, Ca
ISO
Whether the claimant has provide .fraudulent information to avoid
discontinuance or to obtairu a higher grant.
S 7Cy..AC?LQN- ANr2 J!oS1T1
The claimant has been known to General Assistance for some time.
Her latest application was on 6-29-93 when she completed a Ga. 201A
stating she understood her responsibility to cooperate withall the
General assistance requirements.
She completed a GA 201 on 6-29-93 and on it states she is homeless.
She lists a mailing address of 567 So 30th St.Based on the
claimant's statement General Assistance was paid at the homeless
rate.
The worker requested an investigation regarding the claimant's
homeless status When the investigator visited the residence Larry
Simonton answered the door and told him the claimant was living
there. . The investigator concluded the claimant was actually a
resident at the South street address.
- OCT - 14 -93 T H U 1 :3 .- 34 P . 03
•
C1. I ms,_ PQSTTTON
The claimant testified her sister lives in the house at 567 So,
34th St. The claimant and Larry Simonton both stay in a van owned
by Sonny Williams. The van is parked in front of the So. street
address during the :night but is moved to a different street during
the day. If the van is not moved a patrol officer comes by and
tells them to move it as the van cannot remain parked there
permanently. The claimant washes her clothes at a washeteria,
bathes at her sister's house, and eats with her sister or her
daughter.
The record was left open for a copy of the rental agreement for the
house at 567 So. 30th St. That was. received on 9-15-93 and the
record closed that day.
General Assistance Guidelines
section 49-111
1. Fraud
1. An applicant or recipient who provides fraudulent
information in order to qualify for a General
Assistance grant or for a larger grant or to avoid
termination or reduction of aid shall be required to
serve a six month period of ineligibility.
The investigator ,attended the hearing and testified to his
statements in his report. He also stated he did not see a van any
where in the area.
The rental report submitted by the claimant shows the house at $67
So. 30th Street is rented to .Eddie and Johnetta Morgain and their
two children. The rental lease limits the occupants to those
listed.
The preponderance of evidence indicates the claimant is a resident
at the above address. There is no evidence to dispute Mr.
Simonton"s statement that the claimant is living there.
The county's discontinuance action and the imposition of a six
month period of ineligibility is upheld.
0AB,S
The claim is denied.
OCT - 14 - S3 YHU 13 : 35 P . 04
social ervice Appeals Officer Date
Program Manager, Appeals Date
If. ybu are dissatisfied with this decision you may appeal the
matter directly to the Contra Costa County Board of Supervisors.
Appea�l.s must be filed in writing with the Clerk of the Board, 651
Pine ;Street, Martinez, CA, ' 94553. Appeals must be filed Within
fouxt-bean (14) days of the date of this Evidentiary Hearing
Decis;�.on.
No further aid paid pending a Board of Supervisors appeal.
1171
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Socia! Service Department Contra
Please1305epacd
�,J v�. [�1305 Macdonald Avenue
Perfecto Villarreal (� �}� Richmond,California 94801-3120
Costa
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County ❑3630 San Pablo Dam Road
El Sobrante, CA 94803-2730
ueSOCIAL SERVICE DEPARTMENT CO , � dqC948
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WELFARE FRAUD .rte
❑ 3045 Research Drive
Richmond,California 94806-5206
INVF: PORT..-. .o
Subject: MORGAIN,BETTY
SS Field No. 329926
Invest. Type: Field Investigation Household comp.
___________________________________________________________________
COPIES OF REPORT TO:
Investigation Requested By: Sirmons,E Ext: 6-3647
Date of Request: 7--08-93
Date Investigation Begun: 8-05-93
------------------------------------------------------------
INVESTIGATION SUMMARY:
On 8-05-93 I made an unannounced visit to 567 South 30th
Street, Richmond, Ca. The resident, who verbally identified himself
as Larry Simonton, came to the door and informed me that Betty
Morgain was not there at the moment. I then asked Simonton if
Morgain was presently living at this address and he replied "Yes,
she lives here" .
Reported By: JAMES W. BEANE, HAAC
Welfare Fraud Investigator
Date: August 5, 1993
• w
Cuntra Costa County Social Service Department
GENERAL ASSISTANCE ALTERNATE MAILING ADDRESS REQUEST
CASE NAME CASE NUMBER EW PCN
I request that my General Assistance checks and all other mail from the Social Service Department be sent to:
—r=—
❑ My home address is:
I have no home address.
REASON FOR REQUEST: f. rN'r L `�
I understand that it is my responsibility to pick up my mail regularly, and that failure to do will not be
considered good cause for failure to keep appointments with Social Service.
I understand that if I do not have a current home address, I must contact my Eligibility Worker monthly.
When I obtain a home address,1 understand that I must report it to my Eligibility Worker right away.
I understand that if I do have a home address other than my mailing address, I must include my home address
on my monthly income report,and that 1 must report any change in my home address to my Eligibility Worker
right away. I understand that I must provide verification of my home address (such as rent receipts, utility
bills,etc.)to my Eligibility Worker every six months.
I UNDERSTAND MY RESPONSIBILITIES AND DECLARE THE ABOVE TO BE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
SIGNATURE DATE
COUNTY USEFNLY
METHOD OF VERIFICATION
APPROVED TICKLER SET FOR ❑ DISAPPROVED Reason:
TO REVIEW
i/
ELIGIBI ITY. ORKER SI TORE
i DA E �I SUPERVISOR'S SIGNATURE DATE
/
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GA ti•( 87) Ref: DM 49-501 Copy 1: IM Case file fastener 02; Cupy 2: Applicant/Recipient
,1
,claimant Date of NOA:
Effective date:
--�-- Filing date: ;
Hearing date: I�- -��
rized Representative:
preter:
age:
=`ani Rebresen ai ve: Stefanie Asbell"
Representative:
of Hearing: Richmond; _ Antioch; Martinez
Of Hearing: ,( j
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Vability Assessment j f Job Search
ire; from / / to j Job Quit/Fired for Cause
Lub 1 j other:
County Position
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AID C" OR AFTE'� Q��Q��rL`� DEP�t� lI;iv JPi1ig YOUR, CFkLU+�lat.a;tii�F.s AT THAT
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THIS .ACTION IJ tEQUIRc'0 3Y THE FiJLLJAl iii LAWS i NJIL)k PE46ULAT ,v
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GA239-0ISC. PROVIDED F UtiULENT KFORMATIUNg v 0-(l H PU I. {3ii4-
238H(5/87)
u�WcAST r I[��NTY GA 239 H
T ENT
Y`, ''ill l• '1111tY ~/ ,'" •,�C('
PH
1. You have the right to a conference�Db'iYh� presenf es of e:tp �Y
atvCrgl Service De artment to talk a oilt flus intended
action.At such a conference, you may speak for yourself,ot esented by a lawyer, a friend or otherApokesman.
If you want a conference, contact your worker within,ten daof' e date of this notice.
2. If this notice proposes a denial or discontinuance or a period of ineligibility for failure to meet program-/
requirements,you are entitled to a hearing at which the Department must prove your failure to comply, and you will
be entitled to show that the failure is excused for good cause or because it was not willful.
3. Whether you request a conference or not, you also have the right to request a Hearing and a decision. Your request
must be in writing.Your request for a hearing must be mailed or delivered to Social Service Department within 14
days of the date of this notice.
4. If you ask for a Hearing within 14 days of the date of this notice, and if this notice proposes a reduction or
termination of a GA grant that you are now receiving, your aid will be continued until a decision has been reached.
5. Your county worker will help you ask for a Hearing.
6. If the decision is that you were not entitled to the aid which you were paid, the overpayment may be recovered from
you by reducing your Generai Assistance grant after the decision, or through other legal means.
7. At a Hearing you have the righCto be represented by an attorney or any-other person (a friend, relative, or any other
spokesman) of your choice. If you need an interpreter we will provide one for you. You may obtain free legal advice
and services by contacting the neatest legal services office at:
CONTRA COSTA LEGAL SERVICE SERVICES FOUNDATION
From East CCC call 439-9166
From West CCC call 233-9954
From Central CCC call 372-8209
8. You have the right to request that the Eligibility Worker, Work Programs staff; or any staff member who has actual
knowledge regarding the issue under appeal be present at the Hearing as a witness.
9. Regulations governing Hearings are available at this office of the county welfare department.
IF YOU WISH TO REQUEST A HEARINGIWRITE-"F6�—
Office of Appeals Coordinator
40 Douglas Drive
Martinez, CA 94553-4068
Please include one copy of this notice with your hearing request and keep the other copy for your records.
If you wish to have your worker or other staff person present at the Hearing, please indicate that on your Hearing request.
REMEMBER THAT YOUR REQUEST FOR HEARING MUST BE MAILED OR DELIVERED TO THE SOCIAL
SERVICES DEPARTMENT WITHIN 14 DAYS OF THE DATE OF THIS NOTICE..
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