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HomeMy WebLinkAboutMINUTES - 11091993 - H.6 Ilk FROM: Perfecto Villarreal, Director Social Service Department DATE: November 9, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY TERRY MALAMBRI - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Terry Malambri's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on August 18, 1993. The Hearing was scheduled for September 9, 1993. The claim was denie Signature- 44 1ACTION OF BOARD ON November 9 , 1993 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal of General Assistance Evidentiary Hearing decision by Terry Mallambri. Jewel Mansapit, General Assistance Program Analyst, Social Service Department, presented the staff report on the appeal . The appellant, Terry Malambri, did not appear to testify. Supervisor Bishop moved to accept the recommendation of the department and to deny the appeal . IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and the appeal by Terry Malambri is DENIED. VOTE OF SUPERVISORS: X UNANIMOUS (ABSENT I ► I I ) AYES: NOES: ABSENT: ABSTAIN: 1 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. cc: So(�iA1.' Service Dept. Program Analyst ATTESTED November 9 , 1993 Appeals Unit PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERVISOR ND CO NTY ADMINISTRATOR County Administrator Terry Malambri v BY , DEPUTY Social ,Service Department Contra Please reply to: i 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County 9/24/93 420./ TERRY MALAMBRI F. O. Box 463 Antioch, CA 94509 Re: 291274 EW: C4FG Filing Date: 9/13/93 Dear TERRY MALAMBRI We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing. is scheduled for: Location: 4545 Delta Fair Blvd. Antioch, CA 94509 Date: 10/05/93 Time: 1:00 PM Because 7 or more hearings are scheduled for the .same hearing time, it may be necessary for you to wait for some time before your case is called. Cases will be heard on a first-come, first-served basis. The Hearing Officer will appreciate your patience. If you are unable to attend the hearing, please call 313-1790 If you do not attend, the Hearing Officer may dismiss your request for Hearing. You have a right to an interpreter if you need one. If you have also filed a request for a State Fair Hearing, you will receive a letter from the State Department of Social Services about the time and place for that hearing. The State Fair Hearing is separate and apart from the County Evidentiary hearing. Social Service Appeals Unit KQ: sls Social.Service Department Contra Please reply to: Perfecto Villarreal 40 Douglas Drive Director Costa Martinez.California 94553-=068 County cE L f. I'.y EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 291274 C4FG Date of Notice: 9/02/93 TERRY MALAMBRI Date of Action: 9/30/93 P. O. Box 463 Filing Date: 9/13/93 Hearing Date: 10/05/93 Antioch, CA 94509 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for 10/05/93. Claimant was duly notified of the date, time and place of Hearing via letter on 9/24/93. 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: 10/07/93 Kate Quisenberry Social Service Appeals Officer KQ:sls F The Board of SupervisorsContra Phil Batchelor Clerk of the Board County'Administration Building Costa 1 1 and 1 _O C 1 a County Administrator 651 Pine St., Room 106 V v ll cs,o>646-2371 Martinez, California 94553 County Tom Powers,1st District 1 Jeff Smith,2nd District Gayle t3lahop,3rd District ���••'"=� ;'_•-.o,, Sunne Wright McPeak 4th District / Tom Todakson,5th District "1 /y,L SrA COUN't'1 October 21, 1993 Terry Malambri P.O. Box 463 Antioch, CA 94509 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 November 9, 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 By J osa e, Deputy Clerk Enclosure cc: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator r CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: October 21, 1993 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Jeanne Bosarge, Deputy Clerk t/ SUBJECT: New hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Terry Malambri 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 9, 1993. Attachment cc: Board Members County Administrator County Counsel a r ECEIVED 5v C r A L S •R'VI C� P T r• OCT 2 0 1993 'A T' q S ry 1��� CLERK BOARD OK UPERViSORS A1. �s /+1 ••. CONTRA COSTA CO. r Sa C /A ,4 SERVICE t'P- .3 tJ � .Y AIA ! * 7 -- f g-3 4u . ,4 ,vrl©e OP2 3 S-drGiayl-Service DepartmentCOntra Please reply to: 1 I C.� 40 Douglas Dive Perfecto Villarreal: Director Costa Martinez,Calito�nia 94553-40E Count . , y n; is CSO. '9 COUNT EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 291274 C4FG Date of_ Notice: 9/02/93 .PERRY MALAMBRI Date of. Action: 9/130/93 P. o. BoX 463 Filing- Date: 9/13/93 He _r':ing DatG: 10/05/93 Antioch, CA 94509 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for 10/05/93 . Claimant was duly notified of the date, time and place of Hearing via letter on 9/24/93 . 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 di::inissal. ORDER The cjaim is dismissed as claimant failed to appear for tfte 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, . 65.1 Pine Street, Martinez, 94553 . You must su,,zaic 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: 10/07/93 Kate Quisenberry , Social Service Appeals Officer KQ: sls cc �p6 U o a, 1 }`o i t Q ,l N yGNco O NO16 r v l t C44 M 7 V Y CIL 04 J d H u D N6_1 FROM: Perfecto Villarreal, Director Social Service Department DATE: November 9, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY ERIC MORRIS - - - - - - - - - - - = - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Eric Morris' appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on August 26, 1993. The Hearing was scheduled for October 1, 1993. Claimant did not appear for the hearing, and the claim was denied. Signature: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON November 9, 1993 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board of. Supervisors for hearing on the appeal of General Assistance Evidentiary Hearing decision by Eric Morris. Jewel Mansapit, General Assistance Program Analyst, Social Service Department, presented the staff report on the appeal . The appellant, Eric Morris , did not appear to testify. The hearing was closed and Supervisor Bishop moved to accept the recommendation of the department and deny the appeal . IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED.; and the appeal by Eric Morris is DENIED. VOTE OF SUPERVISORS: X UNANIMOUS (ABSENT T T ) AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF cc: Social Service Dept. Appeals Unit SUPERVISORS ON THE DATE SHOWN. Program Analyst County Counsel ATTESTED November 9 , 1993 County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF Eric Morris SUPER ISOR ND C UNTY ADMINISTRATOR BY , DEPUTY CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: October 18, 1993 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SUBJECT:New hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Eric Morris 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 9, 1993 . Attachment CC: Board members County Administrator County Counsel I I The Board of SupervisorsContra Phil Batchelor Clerk of the Board Coltnry Administration Buildingand COSta County Administrator 651 Pine St., Room 106 (510)646-2371 • Martinez, California 94553 County Tom Powers,1st District Jell Smith,2nd District Gayle Bishop, se t. yl p,3rd District Sunne Wright McPeak,4th District Tom Torlakson,5th District 7 Y J'4 COUH'� October 18, 1993 Eric Morris 631 Stege Avenue 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 9, 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 Admini trat By Pa An Cervelli, eputy Clerk Enclosure CC : Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator I 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/.E54 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) 7be 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 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 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-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 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.7be 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 NUMER 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- 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 v6itbin 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 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. Roth the appellant and the Department must file aD written materials at kast 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 NUM33ER 92/5_ f .206• l (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. y (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 ficial judgment until it receives such advice. 207. The Board may decide an appeal immediately after bearing or tate the appeal under Awbmission. �1w.br aMlb tl+�+Nr r�tui r+0 oen.es espy of . .n!as :Mmid� 1M "61" aMf z arms���Veda ate' .oar RESOLUTION NUMBER 92/ 554 l� I 30 31 32 33 34 33 .40 i r y, t rs �� AB a7 ��,....-- �� ----� 5,3 . Social Service DepartmentContra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County sr'a COU N'C EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 368061 W4NF Date of Notice: 8/20/93 ERIC MORRIS Date of Action: 631 Stege Ave. Filing Date: 8/27/93 Hearing Date: 10/01/93 Richmond, CA 94804 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for 10/01/93. Claimant was duly notified of the date, time and place of Hearing via letter on 9/17/93. 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: 10/05/93 Barbara Weidenfeld Social Service Appeals Unit BW/nf ase Social Service Department Contra PieDougla Drive 40 Douglas Drive Perfecto Villarreal I o Cita Martinez,California 94553-4068 Director \.J t7 County EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 368061 W4NF Date of Notice: 8/20/93 ERIC MORRIS Date of Action: 8/31/93 631 Stege ,Ave. Filing Date: 8/26/93 Hearing Date: 10/01/93 Richmond, CA 94804 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for 10/01/93 . Claimant was duly notified of the date, time and place of Hearing via letter on 9/17/93 . 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: 10/05/93 Barbara Weidenfeld Social Service Appeals Unit BW/nf Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County cE F 9/17/93 r� coi'.t` ERIC MORRIS 631 Stege Ave. Richmond, CA 94804 Re: 368061 EW: W4NF Filing Date: 8/27/93 Dear (ERIC MORRIS We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing is scheduled for: Location: 1305 Macdonald Ave. Richmond, CA 94801 Date: 10/01/93 Time: 9:00 AM Because 7 or more hearings are scheduled for the same hearing time, it may be necessary for you to wait for some time before your case is called. Cases will be heard on a first-come, first-served basis. The Hearing Officer will appreciate your patience. If you are unable to attend the hearing,. please call 313-1790 If you do not attend, the Hearing Officer may dismiss your request for Hearing. You have a right to an interpreter if you need one. If you have also filed a request for a State Fair Hearing, you will receive a letter from the State Department of Social Services about the time and place for that hearing. The State Fair Hearing is separate and apart from the County Evidentiary hearing. Social Service Appeals Unit BW/nf ` Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County sy-�L--.o� ot nOsr'4 COU?1'� GP . EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 368061 W4NF Date of Notice: 8/20/93 ERIC MORRIS Date of Action: 631 Stege Ave. Filing Date: 8/27/93 Hearing Date: 10/01/93 Richmond, CA 94804 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for 10/01/93 . Claimant was duly notified of the date, ' time and place of Hearing via letter on 9/17/93 . 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: 10/05/93 a Barbara Weidenfeld Social Service Appeals Unit BW/nf ' } � `� a» � � �H . 0 ,\111 I �, � � � �:_ Z, �� ; it � � - - - ��` � s� r �^' � .-;�; [, .,� iLS "...w l•�'.1 ��. � �j �� _� + y •c �,.. ,.\ i gA6 � �b � � � � ,.,✓. t. =-- ,. >s�do �, �� .. . ��� _.. �' � � �o �� �� � ��,`� is � °�� :� U J �n� - ;� .a, ,�, �,. ° � . •t �Y � a.� �� � � �o � s � �+ w� �. �� �� �� � , _ � . J 1 �_ �., _1 ff6 FROM: Perfecto Villarreal, Director Social Service Department DATE: November 9, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY CAROLYN SMITH - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Carolyn Smith's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request.for Hearing on August 18, 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 This . is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal of General Assistance Evidentiary Hearing decision by Carolyn Smith. Jewel Mansapit, General Assistance Program Analyst, Social Service Department presented the staff report on the 'appeal . The appellant, Carolyn Smith, did not appear to testify. The hearing was closed- and Supervisor Bishop moved to(.�approve the staff recommendation and deny the appeal . IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and the appeal of Carolyn Smith is DENIED. 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 cc; Social Service Dept. SUPERVISORS ON THE DATE SHOWN. Appeals Unit Program Analyst ATTESTED November 9 , 1993 County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF County Administrator SUPERVISORS ND CO TY ADMINISTRATOR Carolyn Smith BY J , DEPUTY �bNTRA COSTA COUNTY SOCIAL SERVICE DEPARTMENT GAADDS SOCIAL SERVICE COMMUNICATION NAME SOCIAL SECURITY NUMBER ADDRESS TELEPHONE # TO: SOCIAL SERVICE PHASE 1... (J Client failed to keep the intake/interview appointment (date: ) I J Client kept the Intake appointment, but refused to cooperate..Explanation: (] Client kept the intake appointment, but has been found to be inappropriate for the program. (not chemically dependent) PHASE 2... 1 \ JI-Other failure. Specifics: I J Client has been assessed as 'Unemployable" 4; Diagnosis: Duration of Unemployability: (Date) COMMENTS: PHASE 3... Client has been terminated from the program for the following reasons: Y' L. ( J Failure to maintain total abstinence on (date) J Failure to accept a mandatory referral on (date) ( J Failure to attend twelve step meeting during the week of I J Failure to test (breathalyzer/urinalysis on (date) ( J Disruptive behavior on (date) EXPLAIN: ( J Unexcused absences on (dates) COMMENTS: GAAlks CO N EL16 DATE 4158 (rev 10/92) Copy 1: GA fastener 2; copy 2: GAADDS CONTRA COSTA COUNTY.... .. SOCIAL SERVICE DEPARTMENT REFERRAL FOR ALCOHOL AND DRUG DIVERSION SERVICES . NAMESOCIAL SECURITY NUMBER 76 !,,902 L4 � ADDRESS TELEPHONE NUMBER ► YOU are required to keep an intake interview appointment with Alcohol and Drug Diversion Services. Your appointment Is scheduled for at 8 3U p.m. at the GAADDS office at C( 1301 Cutting B{vd., Richmond (Telephone#37 a91� ] 10 Douglas Drive, Suite 120, Martinez (Telephone#313-1120) ] 2400 Sycamore Dr., Suite 29, Antioch (Telephone#427-8582) It you are unable to keep this apuointment,you must provide documentation to the GAADDS office within 48 hours to verify that the absence was the result of good cause. If you are assigned to participate In the GAADDS program. you must actively and cooperatively participate. The rules and regulations of the program will be described in detail to you by the GAADDS staff. IF YOU FAIL TO KEEP ALL SCHEDULED APPOINTMENTS OR FAIL TO FOLLOW THE RULES AND REGULATIONS OF THE GAADDS PROGRAM YOUR ELIGIBILITY WORKER WILL BE NOTIFIED. AND YOUR GENERAL ASSISTANCE WILL BE DISCONTINUED.ALSO, A PERIOD OF INELIGIBILITY MAY BE IMPOSED AS DESCRIBED ON YOUR "GENERAL ASSISTANCE COOPERATION NOTICE°. I agree to accept this referral, and to actively and cooperatively participate if I am assigned to the program. I consent that the GAADDS program may advise the Social Service Department whether or not I keep this appointment, what my Treatment Plan will be, and whether or not I comply with program requirements. I understand that my GAADDS program records are protected under the Federal Confidentiality Regulations and cannot be disclosed without my written consent unless otherwise provided for in the regulations. I also understand that I may revoke this consent at any time except to the extent that.action has been taken in reliance on it(e.g.probation, parole, etc)and that in any event this consent eVires automatically as described below. Specification of the date, event or condition upon which this consent expires: SIGNED !; )''DATE REFERRED BY PCN EW PCN TELEPHONE NUMBER If different 3 7 y Gen 415A (rev. 10/92) Copy 1: Client, copy 2: GA file l The Board of Supervisors Contra lark Batchelor Clerk of the Board County Administration BuildingCosta '1 y and 1 _O C i a County Administrator 651 Pine St., Room 106 �.J �.J` cs,o>646-2371Martinez, California 94553 County Tom Powers, tst District Jeff Smith,2nd District Gayle Bishop,3rd District 0E••s.....' co„ Sunne Wright MCPeak,4th District Tom Torlakson,5th District October 21, 1993 Carolyn Smith 2801 Pullman Ave. #114 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 November 9, 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 Administra r By J ne Bosa ge, Deputy Clerk Enclosure cc: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator i CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: October 21, 1.993 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Jeanne Bosarge, Deputy Clerk SUBJECT:New hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Carolyn Smith 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 9, 1993 . Attachment cc: Board Members County Administrator County Counsel C Srco, RECEIVED OCT 1 910 • CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. o.�cJce�,cJ ' ----__-- �"� a��s A 6�� is y.mo.'s �) .tiJ - -- - -- - --_------ - 6 ---- --------- - -_ - tee- - � - /04 ---- -- --- �---y�-� - - -- - - -- -- - -� - �e 'A— — - = - --- - - - ----------- - --- - ----- -- — - /x- CA-xoL - -- ----- ------- 4, y a cnm a i J � cl cr.Q uj cc IBJ