Loading...
HomeMy WebLinkAboutMINUTES - 12071993 - H.5 3 `3bvP,M . CLERK OF THE BOARD 1� Inter-Office Memo TO: Social Services Department DATE: November 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 Bernardo Lopez 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 1, 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 7, 1993 . Attachment cc: Board members County Administrator County Counsel The Board of Supervisors Contra Cerko�►atBoard and County Administration BuildingCtCounty Administrator Costa 651 Pine St., Room 106 s (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District L Gayle Bishop,3rd District Sunne Wright MCPesk 4th District - Tom Tortakson,5th District November 17, 1993 Bernardo Lopez 1956 14th Street San Pablo, CA 94806 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 7, 1993 . i, 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 Admin' tr r By n Cervelli, eputy Clerk Enclosure CC : Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator t THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on August 4, M2 by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None 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 bearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a hearing within fourteen days of the date the Notice of Action was mailed. Absent evidence to the contrary, the notice is presumed to have been mailed on the 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 Genera] 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 Soda] Service Department, RESOLUTION NUMBER 921554 (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 dosed, unless the Department extends the time in writing, for cause. (b) Proposed decisions sha11 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%ithin 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. Both the appellant and the Department must file all written materials at;east one week before the date set for the Board bearing.New material must be served by marl 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 an not in dispute or U 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 NUMER 92/554 206. (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 hearing. 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. 207. The Board may decide an appeal immediately after bearing or take the appeal under osubmission. �w�e NVwNabatoendee, 00"61 taken Md 401ty Go o OWN d ohs Doom of an so dole anasrM u�v i n ra m Of VO *�' RESOLUTION NUMBER 92/ r�,4 Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County RECEIVED , •v Sr'1 C l7rr NOV --91983 Bernardo Lopez 1956 14th Street CLERK BOARD OF SUPS�VISOR� San Pablo, CA 94806 CONI"R.ACOSTA( " ` RE: County #506227-W4NH Filing Date: 10/19/93 Dear Mr. Lopez, Your request for Hearing had been denied because you failed to file a timely request for hearing. The evidence which you provided respecting the Work Program failure has been referred to Work Programs for whatever action they deem approriate. However, inasmuch as you did not file a timely hearing request we have no jurisdiction to conduct a hearing in this matter. If you disagree with the finding that there is no jurisdiction to conduct a hearing respecting the County's action,, you may file for a Hearing before the County Board of Supervisors, 651 Pine Street, Martinez, CA 94553. Sincerely, Ms. Kate Quisenberry Appeals Officer of the Day the C oUn ��� 13 o.) yo/ d Stlp eY vl�0rs C N 16,y-> a 1 0 q e 5 ;,r e / e d D � q / �odYJ 6� sN r�SCfS PG�`t� P �0 /'eV� t�idf f h e p � de �%TiDnS /'rreh�i0rlPc� on ��� Ief�ey o26oVP a1'e Urlldiy � ll I n a . 1 16 le e X CU d e elot hd,� S�o wi�� �,p �y t/Lo J U ,��/ ✓ r Ccs �/�P i C f�1? nion 6, Vo A Ame f a � � a an✓ �� iS 1'oyK��C j Jo � e a� lAe Gnion {ydl% /'io/n ko 6 day /a %oldy >�ram �;J/ 9:00 a. Mr. �o �e eealy, �a wor t iwiSe Me 114i"r,7 oche; 40"- take sl9voi the work • : /2_02-73 f, -0.&Y-1--ol. P' mr _ �en � ra� _-Ass� �1�_n ce. e�e YO - I � be.nei';-tS 5 h e.-e - --� ----_-- - _ ! rairJ< nq -- __ a t e r-e r- s '_ on i o n: _i'.Vl e m �er.--.o _ ---t ie - - - --.be_.Py_:e.�sen __. y.... nrn `oVrrt..er� ♦__e-veYL ove e-kold� - --__. . - _ _._...------- �o�r--- � D.0_-._u_•_�-,.._._fo . - �. .D O:-_u •m_. -as----s�a �e _ol . . : - _ __ . - t - - ;tv lke. ka toref.`s, .1145rer Alre-e m&n-1 - a4' - e r �y � Ae: _4�rifloY_ n_enf- -����. �r�n - -.�a �. s -12, 13 - - aa- -/y '_`' 3. 13- 7 /_ 2h T. 4,ere.-{o.Ye _GcA � _. . - - -- - -. - conlih.u.e �roviooli.h_ —. - - -- -- -si� anc�e_._.- encs 7'jl/. .T-�y�_. -ll o r. _ em -10_ P� t�rQu .�i �e .U/l i:v"/�-- h dll --w .`.c - - - 0 -- -t e.�i��eve. _._/-'T_- S 4u �c --6.e Soo-n o��f�au 9 a /�- - - - -- - - hee-al- __Your u r v_i v.e-. ..-- -- -- - - - 1 12 ce Y r Y -- -- - - - I {� - - - - r -DEC -- 2 1993 CLERK BOARD OF SUPERVISOR,; - - - -- CONTRA COSTA CO.- - +� ! m . To . f30 & Yj 0 5(410eyvisor -5 General Assis fiance t ene 1r' s '— T desire to aXeli' t5 ea/ our deci' ' lon . fa Y deh me jour der -s;nces , oclober 93 1 was unavall a le fo to Present 10'r rl' �S a Lat arers ' Union Mem �,cr 10CID1 -# 32.q of f� e Rickmond Aall, llnu$?L beeveYY Present' lo'r emp/o rnen1� �ee �Cdd� from T00 a . m. fo ? .DCS . 0-m. (Ps s a eel ;h Ae katoYer`s, Myler h veementi us er ,h to mer�7,(/ yec.lio t? $ a e s `l 12/ )3 - �� T t � T � j � f a�,,1 /� 'ht para raps fI, 313- (7) Z) Loo d T�eyef4OYCI Iki Jo re7uesr� y014 fo o lihue rove-o�In f� e 4enerdl con AsSr5Tanc �e BerJtetlr' S ill e &rnW/0'y leaf r em to Pcl Area l e Uria/f uI�t:c1f T �o t of/'eve ,° .s�ould c� � Soon, 0 oul J/ I freed Xvur Liefp lo sw vi ve . �il2ce r�1 _ RECEIVED DEC 21993 CLERK BOARD OF SJPi--WlS'OF, CONTRA COS ilk co, `­4mployer,upon notificatithe Union, shall within hours, if able,before the required reporting time. one working day,correctviolation or error to the In the ev at forty-eight(48)consecutive hours af- satisfaction of the Union. Additional laborers shall be ter such notice (Saturdays, Sundays and recognized obtained in accordance with the hiring hall procedures holidays excluded), the Local Union shall not furnish from the Local Union in the area where work is per- such workers, the Individual Employer may procure formed. All laborers shall have in their possession workers from any other source or sources. If workers proof of proper dispatch and Union status which shall are so employed, the Individual Employer shall be produced upon request of Local Union representa- promptly report to the appropriate hiring hall of the tive in the area where the job is located. Any violation Local Union,in writing or by phone with written con- not resolved to the mutual satisfaction of the parties firmation within forty-eight(48)hours,the name,ad- shall be subject to Section 9 of this Agreement. dress and Social Security Account Number of the (4) No Employee of the employer shall suffer loss of employee procured from such other source or sources mobility for a break in service of two(2)months or less and the date of employment and the location of the job C with the employer if the break in service is due to ill- on which he/she is employed. Workers who report on i ness,extended vacation or winter shutdown. the first day are to be paid from the time they report to '• (e) No person shall be dispatched pursuant to the the Individual Employer's designated location. provisions of subsections 6(a),6(b)or 6(c)of this Sec- (9) Dispatching hours shall be as specified in subdi- j tion unless the Individual Employer's request is in writ- vision(1)of this subsection 3B or as specified in the no- ing, dated, is signed by an appropriate management tice or notices submitted pursuant to subdivision(1)of representative,specifies whether the person is a rehire this subsection 3B. In emergency cases, individuals ( and names the job for which rehire is requested. may be dispatched other than at such dispatching Second, persons who,within five(5)years immedi- hours. ately preceding the job order,performed work covered (10) Each person,upon being referred,shall receive under this Agreement in the geographical area covered a written referral to be transmitted to the Employer by this Agreement in the order in which they regis- representative at the job site indicating the name, ad- tered. dress, Social Security Account Number, type of job, Third, persons who are registered in the order in j which the re istered b ualification (11) To insure the maintenance of a current registra- (7) Available for employment shall mean: All per- tion list, all persons who do not re-register or answer sons eligible for referral shall be present at the hiring roll call,as the case may be,on each regularly sched- hall or present at their residence phone if they live at a uled roll call day(which shall not be more often than location specified in subsection (2) of this subsection once a week), shall be removed from the registration 3B during dispatching hours, unless excused for the list unless excused in accordance with subsec ollowin reasons: 3B(7).Any person may re-register by phone and m (a) When a death occurs in the immediate family, be personally present at the phone during dispatch from the date of death and not exceeding one week af- hours. If a referral is made by phone, a written dis- ter the date of burial;however,they shall produce bona patch slip must be sent to the Individual Employer and fide proof of such death. worker.Any person who is permitted to register by tel- (b) Persons on jury duty, providing they produce ephone under this subsection 3B must appear person- bona fide proof that they are serving on a jury ally at the appropriate hiring hall on roll call day. If (c) Persons temporarily serving in the U.S.Military such persons re-register or answer roll call pursuant to Reserve,providing they show bona fide proof of such the provisions of this Section,they shall maintain their service. previous position on such list,subject to the provisions (d) Attendance at Workers' Compensation Hearing of subsection 12 of subsection 3B following, such per- or any administrative or court appearance. son shall not be entitled to the position he/she held (8) When ordering workers, the Individual Em- prior to his/her elimination in the event he/she re-reg- ployer will give notice to the appropriate hiring hall of isters or answers roll call,as the case may be. Persons the Local Union, if possible, not later than 2:30 p.m. will be excused from answering roll call only for the of the day prior (Monday through Friday) or, in any reason enumerated in subsection 3B(7). �. event, not less than seventeen and one (17'/2) (12) Persons shall be eliminate a registra- ------------------- © 12 13 04 TMOXIMP C, 0 l l C_ Cr G� • C 0" 0.U-1 J.7J.�J"J J J • J J_J.J" .)yJ � • • O • ( CC:`. • • 0r__) u J .J.J".DJJ ,J'-IN J,J..JJ :J" J ) • • C 0 U C. C 0 • C: 01 .3-J J -J J .J .0 O • 0C C 00-0-0 3J0JJ 'J00J-DJJ�J3JJ • • ioaJig for the followin modify or alify the requirements of subsection A of (a) Dispatched to a j except that any person this Secti who is rejected by the Indivt ual Employer or who fails (17) Anrperson aggrieved by the operation of the Pe to complete two(2)full days of work shall retain his/ hiring hall shall submit his/her grievance to the perma- ' her position on said list;provided,no person who is re- . nent hiring hall neutral arbitrator provided that such jected by the Individual Employer shall be re-referred submission is made in writing stating the reasons for to such Individual Employer with respect to the same the grievance within ten(10)working days after the oc- request pursuant to which he/she was initially referred. currence of the grievance. (b) Failing to accept suitable employment one time The Arbitrator shall have full power to adjust the ; during the current week at the time of dispatch. Em- grievance, and his decision thereon shall be final and ployment which cannot be reached by an individual be- binding upon the person submitting the grievance and cause of lack of transportation shall not be deemed all parties hereto. Forms for the submission of any sui 'm/ such grievance shall be available at all times in the of- (, c Unavailable for em loyme fice of the Union and each Local Union. i C d) Any person dispatched to a job who fails to re- The permanent hiring hall neutral arbitrator shall be port for work. Gerald R. McKay and notices required by this Section C (13) Notwithstanding the provisions of this subsec- shall be mailed or delivered to P.O. Box 406, I' t tion 3B,upon the same notice as required in 3B(6)(e) Burlingame, CA 94011-0406. The date of this post- in ost- j being given to the appropriate Local Union of the Un- mark and/or date of delivery of the grievance, which- t� ion,an Individual Employer shall have complete free- ever is later, shall toll the running of the ten (10) day z dom to employ the first key laborer. period. The costs of arbitration shall be borne equally (14) Subject to the provisions of this Agreement,the by the Employer and the Local Union regardless of j Individual Employer shall have complete freedom of who the Local Union or Individual Employer is. selectivity in hiring and the Individual Employer re- !_ tains the right to reject any job applicant referred by the C. Discharge. Union for just cause including but not limited to per- sons unable to produce legal residence documentation No employee shall be discharged or discriminated as required under the Immigration Reform and Control against for activity in or representation of the Union or !' Act of 1986. In the event an Individual Employer re- any Local Union. The Local Union shall be the sole ceives two(2)referrals from the Local Union not meet- judge of the qualifications of its members. ing the skill requirements of the hiring request, the The Individual Employer shall be the sole judge of t? Individual Employer shall be free to secure such the qualifications of all of their employees,and may on skilled person from any available source subject to such grounds,discharge any of them. Section 3a of this Agreement. No employee shall be discharged without just cause. (15) The Local Unions and the Union shall post in In the event of discharge without just cause, the em- places where notices to applicants for employment ployee shall, if he/she so desires, be reinstated with with the Individual Employers are customarily posted, payment for time lost.In the event of a dispute,the ex- i all provisions relating to the functioning of the hiring istence of"just cause" shall be determined under the arrangements,including the provisions set forth in this grievance procedure provided for in Section 9 hereof. j Section, and each Individual Employer shall similarly In the event of reinstatement, the amount of back pay post in places where notices to employees and appli- awarded under Section 9 hereof may not exceed 90 cants for employment are customarily posted,a notice days unless the grievant was employed by the Individ- 1 of the hiring arrangements set forth in this Section. ual Employer who discharged him/her for more than (16) Selection of applicants for referral to jobs pur- 1500 hours in the two(2)years preceding the date of suant to this Agreement shall be on a non-discrimina- discharge. i tory basis and shall not be based on, or in any way j affected by,Union membership,bylaws,rules,regula- D. The Individual Employer notify the Local tions,constitutional provisions,or any other aspect or Union hiring hall of all employees who have quit, or j obligation of Union membership, policies or require- been terminated or recalled during the week.Such no- ments, provided that the provisions hereof shall not tification may be on a written form which will include i 14 15 C' ,E C0 (1C C04' U00_0-iJJJJIJJ _JJJ .J"`JJ � • C� • C_ CC • • vJ J =� J .J .� � JJ � .JJJJJ' :� :�) • • CDOC C00CG0 .JJ .JJJJJ03 :C) 0 - JJJ � • • C",C � CJ :� -JJ .JJJJJJ ..JJ .JJ'J—JJJ • • a i i ?,I b0 P, r �.4 CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: November 18, 1993 Appeals and Complaints Division and Program Analyst i FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk0jJ St1BJECT:New hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Bernardo Lopez Please furnish us with a board order with your recommendations l 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 1, 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 7, 1 1993 . j Attachment CC: Board members County Administrator County Counsel I Batchelor The Board of Supervisors Contra Cerkofthe 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 e Gayle Bishop,3rd District •:lam. Sunne Wftht McPsak 4th District ;• Tom Torlakson,5th District _ November 17, 1993 Bernardo Lopez 1956 14th Street San Pablo, CA 94806 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 IP7, County Administration Building, 651 Pine Street, Martinez, California at 3 : 00 p.m. on Tuesday, December 7, 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 Admin' tr r By n Cervelli, eputy 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 ss=zsasssssssssasssssssassssss=sas=ssssts==s=s==sn=== s SUBJECT: General Assistance Hearing } Resolution Number 92/554 and Appeal Procedures } 7be 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: Pan 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) 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 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 daimant'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.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 NUMBER 92A54 i (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 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%itbin fourteen days after the decision bas 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 scbeduled 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.Zbe 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 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.ibis record shall include the Department's Hearing Of fact findings,plus any papers filed with tbal 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 NUMBER 92/55 i r CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: November 18, 1993 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk6�,�/ SUBJECT:New hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Bernardo Lopez Please furnish us with aboard 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 1, 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 7, 1993 . Attachment cc : Board members County Administrator County Counsel i The Board of Supervisors Contra Cerkothe 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 Gayle Bishop,3rd District Sunne Wright McPeak 4th District ` Tom Torlakson.5th District November 17 1993 °T Bernardo Lopez 1956 14th Street San Pablo, CA 94806 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 7, 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 Admin' tr r By .O�. ) n Cervell17-Deputy Clerk Enclosure cc : Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator E THE BOARD OF SUPERVISORS OF CONTRA COSTA COUN IY,CALIFORNIA Adopted this Order on August 4, M2 by the following vote: AYES: Supervisors Fanden. Schroder. Torlakson, Weak NOES: None ABSENT.. Supervisor Powers ABSTAIN: None 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: Pan 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 foi 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 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 beating 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 beating 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, RESOLUTION A'VMBER 92Aga • ti ' mandato court appearance which cannot be accommodated by adjusting the bearing time, i (b) mandatory PPe (c) Blness 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 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- 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 Cierk of the Board of Supervisors%%ithin fourteen days after the decision bas 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) H 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 aD 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 bearing the appeal,the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board his 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 face. RESOLLMON NUMBER 42/5_ 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. 207. The Board may decide an appeal immediately after Learing or take the appeal under submission. low, W"Vw"blow rdar"W""of M rCtj n Sk" Old 0 kWId On *0 1nk4�d! d tR! a*W o►iva an w err z A Mi` , .GL.nd cow AOWMMIM RESOLMON NUMBER 92/ U4 Social Service DepartmentContra Please reply to: ' Perfecto Villarreal Costa Martinez,California 94553-40 Directortor 40 Douglas Drive J 68 County ::•_ �:;¢ RECEIVED .. • /.•yam sTq_cdvr`�' NOV -9 W3 I Bernardo Lopez 1956 14th Street CLERK 60ARD OF SUPc PblSOrl= San Pablo, CA 94806 CONTRA COSTAC`'� - RE: County #506227-W4NH Filing Date: 10/19/93 Dear Mr. Lopez , Your request for Hearing had been denied because you failed to file a timely request for hearing. The evidence which you provided respecting the Work Program failure has been referred to Work Programs for whatever action they deem approriate. However, inasmuch as you did not file a timely hearing request we have no jurisdiction to conduct a hearing in this matter. If you disagree with the finding that there is no jurisdiction to conduct a hearing respecting the County's action,- you may file for a Hearing before the County Board of Supervisors, 651 Pine Street, Martinez, CA 94553. Sincerely, Ms. Kate Quisenberry Appeals Officer of the Day h e C - �`� /306) Y� �� SLlrveY v/`sOrs-- ��� a��sJ To f C /,, ora �1 ed r'n Belote A& (ouniv e5 /re /o /e AoaYJ 6� SN eW46rs �tl bE�;eV� /Ao7i 14e v dei/ �iDns /77eh11917e*d 04 A& le,"'cTeY 0260Ve ogre UrllaiJ' S%n Cc � �dd f0 le excu deal 16'r 401 �'tziowi� c woyk f(C' rann.s . T,),7 d mem b ey dl lA e Union 61 Flo✓A A m erf-CO dl A P A c Ai rnonal aha )/ anal ) /-5 rqa rr t i0 6 e of 1AP Gn;an hid/% 1ioln monck y to {rio%y gram 7; 36 9;pp a. M. fo �e redp1y. /o^ ,- WO/k ' alAerwise 1.4P /!nilm odaeS no tdke r"Poasabl-J _Yy adooi toe wolh J CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: November 18, 1993 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk(v_,) , SUBJECT:New hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Bernardo Lopez 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 1, 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 7, 1993 . Attachment CC : Board members County Administrator County Counsel Social Service Department Contra Please reply to: Perfecto Villarreal 40 Douglas Drive Director Costa Martinez,California 94553-4068 County n: RECEIVED srqcoiiK'� NOV --9 W Bernardo Lopez 1956 14th Street CLERK BOARD OF supuiviSORS a San Pablo, CA 94806 COPITRA COSTA C: . RE: -County #506227-W4NH- Filing Date: 10/19/93 Dear Mr. Lopez , Your request for Hearing had been denied because you failed to file a timely request for hearing. The evidence which you provided respecting the Work Program failure has been referred to Work Programs for whatever action they deem approriate. However, inasmuch as you did not file a timely hearing request we have no jurisdiction to conduct a hearing in this matter. If you disagree with the finding that there is no jurisdiction to conduct a hearing respecting the County's action, you may file for a Hearing before the County Board of Supervisors, 651 Pine Street, Martinez, CA 94553 . Sincerely, Ms. Kate Quisenberry Appeals Officer of the Day r,,, n �y /3o-) f�� �Aeers l N� ' e 1 AddYd 61 su eNf�ffrS { ecaaS e )d el,`cv� �hd he a ale 5i lions men /49/7e- ©n lefAV alove are ono l'Y a le &Xcu SeQ1 lor nd1 5� p t\ WO/ . mern 6 eY �a �o�'�s �•��ernd 1 iQ y! n�an 0� J�lo✓�� fyl Ori-COd n a dArpure4 �0 6 e of t1,P Gn;on h-&)/ 1roM mono/ay fo {r101,,)y from 9:06 a. m. �o �e reda/y�11(6r work ` 6TArfwisc ��e Unr060.5 na}-- a. c:P.. res,00•rsa.�I:1 ,�y ado �iZ7 4b,19:9 me work oL Ar- CQ f'n aka, CL— Ro v�j