HomeMy WebLinkAboutMINUTES - 02231993 - 1.123 CLERK OF THE BOARD
Inter - Office Memo
TO: Phil Batchelor DATE: February 5. 1993
County Administrator
FROM: Jeanne Maglio )---
SUBJECT: General Assistance
We are in receipt of the attached letter dated January 27, 1993 ,
from Ralph Murphy of the Contra Costa Legal Services Foundation on
General Assistance sanction policies and practices. This letter is
scheduled for listing under the correspondence section of the
February 23 , 1993 Board of Supervisors Agenda with referral to
County Counsel and the Social Service Director.
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Attachment
cc : County Counsel
Social Service Director
LAW OFFICES OF
CONTRA COSTA LEGAL SERVICES FOUNDATION
Main Office Telephone
1017 Macdonald Avenue West County(510)233-9954
P.O.Box 2289 East(510)439-9166
Richmond,California 94802 Central(510)372-8209
Fax(510)236-6846
January 27, 1993
7. RECEIVED
JM 2 91993
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Tom Torlakson CLERK BOARD OF SUPERVISORS
Chairperson CONTRA COSTA CO. _.
Contra Costa County Board a Vtb•
of Supervisors
c/o Clerk of Board
County Administration Building
651 Pine Street
Martinez CA 94553
Re: General Assistance Sanction Policies and Practices
This is to inform you that the County's current policies and
practices concerning the termination of General Assistance for
alleged program violations are contrary to law. Unless the
County immediately brings the General Assistance program and the
General Assistance Alcohol and Drug Services into conformity with
the law we intend to file a class action lawsuit against the
County and County officials to obtain injunctive relief. In
addition, we intend to file a damages lawsuit against the County
regardless of its future action.
The unlawful practices and policies include the following:
1. G.A. recipients with alcohol and/or drug addictions are
terminated from the GAADDS program and their G.A. is terminated
for up to six months if they are unable to maintain abstinence or
if their illness makes them unable to comply with a rule such as
keeping an appointment. In addition G.A. .recipients with mental
impairments or with impairments caused by alcohol and drugs are
not assisted in complying with G.A. rules. These policies and
practices have caused many recipients to lose their G.A. and some
have become homeless. The County's actions are in violation of
many legal obligations including the Americans With Disabilities
Act and make the County liable for damages for the injuries
caused to G.A. recipients.
2 . Notices of termination of G.A. for up to six months are sent
to recipients without an inquiry by the Department as to why a
person failed to comply with a program requirement or giving the
person a new opportunity to comply. Recipients who have missed
an appointment because of a late bus or because of illness have
been told that no one will reschedule an appointment for them,
even if they call before the scheduled appointment. The only way
a new appointment will be scheduled is if a "good cause"
a
Tom Torlakson
January 27, 1993
Page Two
determination is made. Eligibility workers will not make such
determinations until after a notice of termination is sent and,
then, many workers tell recipients that they must go to a hearing
on the matter. The Department fails to obtain sufficient
evidence of a willful failure to comply with program requirements
before proposing the termination of aid. Unreasonable
verification demands are made of recipients such as requiring a
written statement from a bus company as to the lateness of a bus
or a doctor's verification of an illness that did not require a
doctor's treatment. The whole system is set up in an irrational
manner so as to terminate the aid of G.A. recipients who are
attempting to comply with program requirements and are being
sanctioned anyway. The Welfare and Institutions Code only
authorizes sanctions when a person willfully fails to comply or
if there are at least three occasions of negligent failures. The
County's current sanction practices and policies violate state
law and due process constitutional requirements. These
violations of statutory and constitutional rights have resulted
in many people losing the aid they need to meet basic needs. The
County is liable for damages caused by these violations.
3 . The County is currently imposing sanctions for actions of
applicants for G.A. . These sanctions are without statutory
authority.
Ralph Murphy
Staff Attorney
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cc: Arthur W. Walenta
Perfecto Villarreal