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HomeMy WebLinkAboutMINUTES - 12141993 - H.3 I �..►y-_� 4 .3 TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: December 14, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY DAVE SCOTT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Dave Scott's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on June 8, 1993 and July 9, 1993. The Hearing was scheduled for September 30, 1993. The claim was granted in part and denied in part. Signature: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON December 14 , 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 Dave Scott. Jewel Mansapit, General Assistance Program Analyst, presented the staff report on the appeal . Dave Scott, the appellant, did not appear to testify. The public hearing was closed. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED: and the appeal by Dave Scott from the General Assistance Evidentiary Hearing decision is DENIED. VOTE OF SUPERVISORS x UNANIMOUS (ABSENT . zv ) AYES: NOES ABSENT ABSTAIN Contact: Jewel Mansapit, 313-1601 Original: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Social Service Dept. Appeals Unit ATTESTED December 14 , 1993 GA Program Analyst PHIL BATCHELOR, CLERK OF THE County Counsel BOARD OF SUPERVISORS AND County Administrator MNIT.Y ADMINISTRATOR Dave Scott BY 011A, , DEPUTY CLERK OF THE BOARD i Inter-Office Memo TO: Social Services Department DATE: November 29, 1993 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk0�-/ SUBJECT:New hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By 4 Dave Scott ---------------------------------------------------------- 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 by December 7, 1993 , plus any information which your department may wish to file for the Board appeal which is set for 3 : 00 p.m. on Tuesday, December 14, 1993 . Attachment CC: Board members County Administrator County Counsel tchelor ThEi Board of Supervilors Contra ` Clerk)oftthe 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 $...L Gayle Bishop,3rd District Sunne Wright McPeak 4th District Tom Torlakson,5th District is November 29, 1993 Dave Scott P.O. Box 1256 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 3 : 00 p.m. on Tuesday, December 14, 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 Administrfor By0 1) n Cervel 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 s=ssassssssess:sssssssssss=sss=sos=as=sssass=====____ 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 hearing 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 hearing 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 hearing to the claimant at least ten days in advance of the Hearing date. 106. When a request for a hearing bas 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) hearing is continued at request of the Sodal Service Department, RESOLUTION NUMBER 92/554 (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) Blaess 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 sball be mailed to the claimant within thirty days after the bearing record is dosed,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 Qerk 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 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) U the Director finds in favor of the claimant, the C3erk 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&I1 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 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 sball.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 ff 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 92/3_ 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. i 207. The Board may decide an appeal immediately after bearing or take the appeal under «submission. t tw.er aMwr arc u a rw.+d="Weooy of Wtqn IAk9M Md MOM�d� VW 11"M d tAs saw 01 .Z 41 ATTES h 1,��wd o b aceto' RESOLU`nON NUMBER 92/ U4 tJ�Ob�Co . I t!►1AT�y�2 GAe�7�v�✓3 . oE✓/ate' `t'!9R I-pE�R,+JG� ��GIS�a�_�rJ�h O1JF L )I f�W r Ltd►rte� 1>L L.� 1 i ►�✓t ,Z5 G�f� 1 f D h fts /9 r,J l -�) R .IPA.V>A,;) F/��rLt �`a9 �vt�otT{�y'`Ytr� t�v�-fes tit _ . . 1 '�L,,QT" .�-�c s, �.� '?Z.,>� �.�P�.n�� h,�fl �0`�1-►may G v°� - ;i:.F/L,s� � N C� !may �r►,tn.�/'j E L.S i.J I-+���r /9T�3atJ� � ��i�f r Se.����•c'�4� a 94:S F L)Z- , !1?/ 1 til` LJ Z, 9� 15Ve . Fr,>1 ,2, ✓gI"t�.Qc1� �L.ttx� 3�'� � I q., ' I �l'n y '.9 r EIVED -81993 OF SUPERVISORS ��j y�/1� /9 8ic'/�D L�n.�� O✓^�L�l--y �..r'f 3 I� f7!'�!f!'c 1.4,-,pAvA-)9 Yti- !%��'-'/���► A AUV f,05� )qp,W,0 $-C, -- iVA �7�— -13 C--- ;!i F>J� p2F', t r g i U/ 177 DG'S s - RNo Cy �7 A4*Y2V7e Pak 1'! I tl� L,v - '' cL s� CAL , qy.:J/ " . . NOV-29-1993 10:19 FROMOCIAL SERVICE DEPT. TO 96461059 P.02 Please reply to: Social ServiceDepartment Contra 40 Douglas Ddn Perfecto vularrealCota Marlin=catlfomia 94553-4068 C►ireetor County Evidentiary Hearing Decision IN THE MFi OF: County 107-92-0370726 Dave Scott Date of County Notice: 5-28 a 7-2-93 P.O. Box 1.256 Effective Date of Action: 5-93 a 7-31-93 Bethel Isl nd CA 94511 Filing Bate: 6- 8 & 7-9-93 Hoaring Date: 9-30-93 Aid Paid Pending: Yes Appeals officer t Scott G. Clayton Income Maintenance Representative: Ms Ham:aon & Ms Halvorson Place of H aring: Antioch ISSUE i. tlieth r the county was correct in its determination that clai t was not eligible to General Assistance benefits until June 4,. 1993 due to a job quit. 2. Wheth4r the county was correct in its determination that claim nt failed without good cause to return his Employability Asses4ment form by the due date. The county also proposed a one month period of ineligibility. 7►*rSNT of WA COMY PH AND 29SITIONL 1. Clainant was notified on May 28, 19930, that his General • Assistance grant had been restored effective June 1, 2993.. claimant rc applied for General Assistance. on May 4, 1993. When he applied climant indicated that he had left employment at Radio ack in March. It was determined that claimant quit his job without goad cause and was ineligible for a 60 day period. Thus the first m' nth he was eligible was June, 1993. In June the county receiveda ECS 3B from the employer indicating this was a voluntary ob quit on March lb, 1993. 2. On May 17, 1993, claimant was given form GA 341, Employability Assessment and told to make an appointment with a physician to have it completed. He was given a deadline of July It 1993 to return the compleed form to the county. This form was not received and the worker proposed to stop aid and impose a period of ineligibility. I NOU-29-1993 10:20 FROM SCIAL SERVICE DEPT. . TO • 96461059 P.03 Dave Scott,, Claimant page 2 CLALMM . 1. At Heating the Claimant stated that he does not consider that he quit th job. He was instead forced out of the job. He started work in th a Antioch store. As he was not quite good enough they wanted to transfer his to another store. His hours had been quite reduced in number. He chose to leave the employment as he did not feel ' that he would receive sufficient wages to continue in employment'. 2. At h ring Claimant testified that he was cooperating and provided appointment slip to see a physician on October 1, 1993. Claimant de this appointment within a couple of days around July 7, 1903. He could not recall why he did not make an appoint- ment at the time he was given the assignment. ra DECISION Departmentimanual section iii II. POLI A.. jenoral Assistance applicants and recipients who demon- rate noncooperation or noncompliance with social. rvice Department program requirements by. failing to et any one of their enumerated responsibilities without odcause shall be denied aid or shall be disccnatinued. period of ineligibility may be imposed on recipients in stances involving noncooperation and noncompliance in cordance with guidelines which follow. E. plicants An applicant who has quit without compelling cause, or has been fired for cause from a job within sixty days prior to the ' date of the General Assistance application shall be ineligible for General Assis- tance' for sixty days from the Last day of his or her employment. F. ecipients. A recipient who fails to cooperate with the social Service Department by failing to meet any one of his or her enumerated responsibilities without good cause, shall be discontinued aid, and sanctions will be imposed as follows: a. first failure: one month b. second failure: three months C. third failure: six months . Examples of recipient responsibilities include, but are not 'limited to: h. providing requested information or verifica- tion, including verification of unemployabili- ty, by the due date J. accepting an offer of employment, and main- taining employment. NOV-29-1993 10:20 FROM OCIAL SERVICE DEPT. TO . 96461059 P.04 I R inMPTlM Dave Scott Claimant Page 3 G. Imlood Cause 1. The reasons which establish good cause for a fail- ure to cooperate or comply are subject to verifica- tion and include, but are not limited to, the following: a. the failure has occurred by reason of a dis- ability under the Americans with Disabilities Act 1) The burden of proof to establish that the failure occurred because of a disability is on the applicant or recipient. a) The applicant/recipipntfs showing may be rebutted by the Department. b. employment has been obtained o0 scheduled jolt interview or testing d. mandatory court appearance el incarceration f. illness g. death in the family h. other- substantial reason. (These must be reviewed and approved by the Unit Supervisor_ ) H. Willfulness A willful act is one that is intenti2aa. 1 or-xitw= reasonable excuse or causg. It need not be done with a specific purpose to violate program require- ments. a. The burden of proof to establish good cause, xh ch max: include ude pxs f that the failure was not willful is on the applicant/recipient. b. The Department may rebut a showing of good cause by proving that the failure to comply was willful, in which case the Department has the burden of proof. c. In all rase is presumed, subject to rebuttal, that the ordinary consequences of an . appli- cant/recipient's voluntary acts are intention- al, and thus willful. . Willfulness cannot be found where the person is mentally disabled to the extent that s/he does not understand his/her responsibilities or is incapable of fulfilling them. A . Conduct which involves negligence, inadvertence, physical disability or lesser mental disability may or may not be willful. a. Three or more acts of negligent failure of the recipient to follow program requirements, which may include acts for which the recipient previously has been aiseonti.nued from aid or sanctioned, evidence willfulness. i •MOV-29-1993 10:21 FROMOCIAL SERVICE DEPT. TO • 96461059 P.05 Ft Dave claimant Page EMMINOA Of FACT 1, It is found that claimant left the job without good cause. While his lRours may have been reduced, he acknowledged that a part of the red. ction was caused by his newness to the employment. Had he stayed ith this employmant, he mould have learned how to do the job and have eventually been able to earn enough to be self sufficient Simply because claimant was not making what he felt should be "ough wages, is Mt good cause to overcome his voluntary leaving employment. If his wages were lower then the Genera. Assistance,grant he still could have applied for assistance. With all this ing said however, sixty days after March 16, 1993 is May 15, 193, so claimant was eligible to a grant from May 16, 2993 forward. 2. It is ound that claimant does not have good cause or reason for failito provide a completed Medical Assessment form. Claimant d d not attempt to melte a doctors appointment until after he receive the Notice of Action_ While he made the appointment prior to a date of discontinuance, this action can not be seen as remedying a failure. The only acceptable remedy would either have been .. 'Or him to provide a completed Medical Assessment prior to the end of the month, or to provide verification that he made a medical appointment around the time of the original request and he could not get an appointment until after the end of July. Claimant's failure is determined to be without reasonable excuse or cause and thus willful. - CnNCLIISION As clai quit his job without good cause, the county-*s action to impose a s xty day sanction is correct. However aid should have been grant when the sixty days expired which is May 16, 1993. As claiman failed to meet General Assistance program requirements by providijng a completed Medical -Assessment form, he renders himself in l.igible for assistance. The action to discontinue General Assistance and impose a period of ineligibil ty is, therefore, sustained. The claims granted in part and denied in part. The claim is granted in at claimant was eligible to aid effective May 16, 1993 and must paid retroactively to that date. In all other aspects the claim 's denied. 'NOV-29-1993 10:22 FROM OCIAL SERVICE DEPT. TO 96461059 P.06 EVIDENTIAU HEARING Dave Scott Claimant Page 5 dn Scott G. Cl.ayton Da e social ge , icesAppe is officer 1-00 �� 1:�� — 4:�� /F P amer, P a Appeals Date 4 If you aral dissatisfied with thin Decision, you may appeal the matter directly to tate Contra Costa County Board of Supervisors. Appeale must be filed in writing with the Clerk of the Hoard, 651 Pine Scree , Room 106, Martinez, Chi 94553 within 14 days of the date of the! Evidentiary Hearing Decision. No further aid is paid pending a Board of Supervisors appeal. I CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: November 29, 1993 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk at-' SUBJECT:New hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Dave Scott ---------------------------------------------------------- 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 by December 7, 1993 , plus any information which your department may wish to file for the Board appeal which is set for 3 : 00 p.m: on Tuesday, December 14 , 1993 . Attachment CC : Board members County Administrator County Counsel y I �t�'Tf� Goy } C D���' t�R(/ d'c► T . . -o37o7/6 S'uP� Kv1. 5.. Goe to cy 19- t� .t,jqG,e ._.. _ ��I ft'��='� 1= !>L L..�i ✓►� � G�t� Lf D Gi,t2� f9 P,J�,�bti'� a �''`� .._.._� ..1�IL.L i N� �1� �►n-S, IELrS �l-,.�12.�y /�,�3or�� � �/9�� dK z. r LJra�V_z,J!9-- C �",'1� Fri - rz, c�v�I" �ck �L�,�w 3 -7��k` I--L1/,_Ir m J� � sem► RECEIVE® NOV - 81993 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. . fid I p7G.k-a— FcQR—Pt-- Q-7-; a 17 y _ 1 l rn Fir . 1 ! I � i i � {lF I............. ............. p /r'2it�-'�' I ; Jv- fd p �T 9�� �Y •� G Lz� ,��, -rj dpi g1�7 - l�t>L .........._----.. MOV-29-1953 10: 1'D FROM OIC:I AL SERVICE DEPT. TO • 96461059 P.02 i Social Service DepartmentContra NOW reply to., rfecto Yill�►rreal 40 Douglas drive ped E7irCosta Martinez.cataomia 94553-4069 County i i Evidentiary Hearing Decision IN THE MATTER OF: County 107-92-0370716 Dave Scott bate of county Notice: 5-28 & 7-2-93 P.O. Box 1156 Effective Date of Action: 5-93 & 7-31-93 Bethel Isl nd Chi 9451.1 Filing Date: 6-8 & 7-9-93 i Hjaaring Date: 9-30-93 Add Paid Pending: Yes Appeals officer scott G. Clayton income mai tenance Representative: Ms Ha=on & Ks Halvorson Place of Taring.- Antioch ism 1. Wheth4r the county was correct in its determination that claim4nt was not eligible to General Assistance benefits until June , 1993 due to a job quit. 2. Wheth;r the county was correct in its determination that claimAnt failed without good cause to return his Employability Assessment form'by the due date. The county also proposed a one month period of ineligibility. i ST .OF �A I COUNTY . "D POSITION: 1. claimaILnt was notified on May 28, 1993, that his General Assistance grant had been restored effective June 1, 1993. claimant reapplied for General Assistance on May 4, 1993. When hoz applied cliimant indicated that he had left employment at Radio ack in Murch. It was determined that claimant quit his job without gond cause and was ineligible for a 60 day period. Thus the first mpnth he was eligible was June, 1993. In June the county received the ECS 3B from the employer indicating this was a voluntary ot> quit on March 16, 1993. 2. On May 117, 1993 , claimant was given form GA 341, Employability Assessment land told to make an appointment with a physician to have it complet4d. He was given a deadline of July 1, 1993 to return the completed form to the county. This form was not received and the worker proposed to stop aid and impose a period of ineligibility. I I s- NOV-29-1993 10:20 FROM OC:IAL 9ERUICE DEPT. TO • 96461059 P.03 SVIDENTYAR} UFARING Dave Scott!, Claimant Page 2 . 1. At dealing the Claimant stated that he does not consider that he quit th job. He was instead forced out of the job. He started whack in Antioch store. As he was not quite good enough they wanted to ansfer him to another store. His hours had been quite reduced in number. He chose to leave the employment as he dial not feel ' that he would receive sufficient wages to continue in employment. 2. At hearing claimant testified that he was cooperating and Provided " appointment slip to see a physician on October 1, 1993. claimant ade this appointment within a couple of days around July 7, 193. He could not recall why he did not make an appoint- went at the time he was given the assignment. f Department, Manua]. section 111 II. POLI A.. jeneral Assistance applicants and recipients who demon- strate noncooperation or noncompliance with Social rvice Department program requirements by. failing to eet any one of their enumerated responsibilities without cod cause shall be denied aid or shall be disaoutinued. period of ineligibility may be imposed on recipients in nstances involving noncooperation and noncompliance in ccordance with guidelines which follow. Applicants An applicant who has quit without compelling cause, or has been fired for cause from a job within sixty days prior to the date of the General Assistance application shall be ineligible for General Assis- tance for sixty days from the last day of his or her employment. F. tecipients 2. A recipient who fails to cooperate witn the social Service Department by failing to meet any one of his or her enumerated responsibilities without good cause, shall be discontinued aid, and sanctions will be imposed as follows: a. first failure: one month b. second failure: three months C. third failure: six months Examples of recipient responsibilities include, but are not limited to: h. providing requested information or verifica- tion, ineludi.nq verification of unemployabili- ty, by the due date J. accepting an offer of employment, and main- taining employment. I I I NOV-29-1993 10:20 FROACIAL SERVICE DEPT. TO • 96461059 P.04 I I R t �►ttrx Dave Scott Claimant Page 3 G. food Cause The reasons which establish good cause for a fail- ure to cooperate or comply are subject to verifica- tion and include, but are not limited to, the following: a. the failure• has occurred by reason of a dis- ability under the Americans with Disabilities ' Act 1) The burden of proof to establish that the failure occurred because of a disability is on the applicant or recipient. 2) The applicant/recipientfs showing may be rebutted by the Department. b. employment has been obtained o. sabeduled job interview or testing d. mandatory court appearance e. incarceration E. illness g. death in the family h. other- substantial reason. (These must be reviewed and approved by the Unit Supervisor- ) H. Willfulness A willful act is one that is intentional or Xithout reasonable excuse_ or clause. It need not be done with a specific purpose to violate program require- ments. a. The burden of proof to establish good cause, which mu- include p tbgt the fgkilure Mas not willful is on the applicant/recipient. The Dement may rebut a showing of good cause by proving that the failure to comply I was willful, in which case the Department has the burden of proof. C. In all case is presumed, subject to rebuttal, that the ordinary consequences of an appli- cant/recipient's voluntar.-y acts are intention- al, and thus willful:. Willfulness cannot be found where the person is mentally disabled to the extent that s/he does not � understand his/her responsibilities or is incapable of fulfilling them. Conduct which involves negligence, inadvertence, physical disability or lesser mental disability may or may not be willful. a. Three or more acts of negligent failure of the recipient to follow program requirements, which may include acts for which the recipient previousiy has been discontinued Ero,a aid or sanctioned, evidence willfulness. i NOV-29-1993 10:21 FROMFOCIAL SERVICE DEPT. TO 96461059 P.05 �TT]t;NTIAR �.AR2NG Dave scott� Claimant Page 4 FINDING, OF FA= 1. It is { found that claimant left the job without good cause. While his fours may have been reduced, he acknowledged that a part of the red ction was caused by his newness to the employment. Had he stayed ith this employment, he would have learned how to do the job and have eventually been able to earn enough to be self sufficient Simply because claimant was not making what he felt should be 4nough wages, is not good cause to overcome his voluntary leaving emal.oyment. If his wages were lower then the Genera. Assistance{grant he still could have applied for assistance. With all this I ing said however, sixty days after March 16, 1993 is May is, 193, so claimant was eligible to a grant from May 1.6, 1993 forward. 2. It iz ound that claimant does not have good cause or reason for faili to provide a completed medical Assessment form, Claimant d d not attempt to make a doctor-Ps appointment until after he receiveo the Notice of Action_ While he made the appointment prior to to date of discontinuance, this action can not be seen as remedying the failure. The only acceptable remedy would either have been or him to provide a completed Medical Assessment prior to the end ,of the month, or to provide verification that he made a medical appointment around the time of the original request and he could not I get an appointment until after the and of -Yuly_ Cl.aimant•s Ifailure is determined to be without reasonable excuse or cause and thus willful.. As claiman .I quit his job without good cause, the couinty+s action to impose a s xty day sanction is correct. However aid should have been granted when the sixty days expired which is May 164, 1993. As claimani failed to meet General Assistance program requirements by providipng a completed Medical Assessment form, he renders himself ine lIligible fuz assistance. The action oto discontinue General. Assistance and impose a period of ineligibil ty is, therefore, sustained. The claims granted in part and denied in part. The claim is granted in at claimant was eligible to aid effective May 16, 1993 and must blo paid retroactively to that date. In all other aspects the claim is denied. I I NOV-29-1993 10:22 FROMOOCIAL SERVILE DEPT. TO 96461059 P.06 I 1 EVIDHEARING Dave Scott T Claimant Page 5 2�I �- Scott G. Gayton �a e social so . ices Appe is officer dgram a ager, Appeals �? ate "01P " i if you arae, dissatisfied with thin Decision, you may appeal, the matter dir�ctiy to the Contra Costa County ]Board of Supervisors. i Appeals mugit be filed in writing with the Clerk of the Board, 651 Pine Stree*, Room 106, Nartinea, Chi 94553 within 14 days of the date of th� Evidentiary Hearing Decision. No furtheraidis paid pending a Board of supervisors appeal. i I i I i i I TOTAL P.06