HomeMy WebLinkAboutMINUTES - 01121993 - H.7 New
FROM: Perfecto Villarreal, Director
Social Services Department
DATE: January 12 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY
HEARING DECISION BY JOSEPH PARKER
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
That the Board deny Joseph Parker's appeal of the General Assistance
Hearing decision.
BACKGROUND:
Claimant filed request for Hearing on September 30, 1992. The Hearing
was scheduled for November 6, 1992, and the decision rendered on
November 20, 1992. The claim was denied.
The Administrative Review Panel has found in the claimant's favor. The
claimant's request for an Appeal to the Board of Suprvisors is moot.
Signature:= = = =� �,�.� �
ACTION OF BOARD ON January 12 , 1993
APPROVED AS RECOMMENDED OTHER X
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the above appeal . Jewel Mansapit,
Social Services Department, appeared and advised the Board of a
resolution of Mr. Parker ' s appeal in his favor, and she requested
that .the Board::dismiss: tfie hearing::•.. IT. IS� BY. THE BOARD: ORDERED
that(.:the .hear ng::on the-,,appeal !-,by Josephr.Parker is DISMISSED.
VOTE OF SUPERVISORS:
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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 Services Dept. ATTESTED January 12 , 1993
Program Analyst PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel SUPERVISORS AN OU MINISTRATOR
Joseph Parker
BY a , DEPUTY
coria a(0,r4.,unt: ROUTE SLIP ,ociai ser,ire Dena men
TO PCN:
PCN: DATE:
Please ChA Correct Address
❑ 30 Muir Road, Martinez ❑ 40 Douglas Dr., Martinez
❑ 1340 Arnold Drive#220,Martinez ❑ Administration
(Training/Appeals) ❑ Area Agency on Aging
❑ 2500 Alhambra Ave.,Martinez ❑
❑ 4545 Delta Fair,Antioch ❑ 100 Glacier Dr., Martinez
❑ 3431 MacdonaldAve.,Richmond (Lion's Gate)
❑ 1305 Macdonald Ave.,Richmond ❑ 2301 Stanwell Dr., Concord
❑ 3045 Research Dr., Richmond (Centralized Closed Files)
❑ 3630 San Pablo Dam Rd., EI Sobrante ❑ 2450 A-Stanwell Dr.,Concord
❑ 525 Second Street, Rodeo (vIACT)
❑ 330-25th Street, Richmond (PIC) ❑
OTHER DEPARTMENTS
WCROT INEZ E] Auditor'Controller E] DA Family Support
unty Admini4trarQvveifare Sect;on ❑ ❑ DA Investigations
f�U RisIl�aq �`�' Ith Services ❑ Data Processing Services
❑ County Co ❑ County Hosp tal ❑ Probation
❑ Public Defender(ADO) ❑ ward ❑ Purchasing
❑ County Personnel ❑ CCC Health Plan ❑ ❑
CONCORD WALNUTCREEK RICHMOND JUVENILE COURT
❑Central Services ❑Office of Revenue Collection ❑Public Defender ❑ Antioch
❑Public Defender ❑ ❑ ❑ Richmond
❑ ❑ Martinez
❑ OTHER:
AS ❑ Requested FOR ❑ Necessary Action NOTE & ❑ Return
❑ Discussed ❑ Information ❑ Discard
❑ Recommendation ❑ File
❑ Approval;Signature
COMMENTS
FRO : 64j-� ICCN: TELEPHONE NUMBER
R Rev 2%92) SEE REVERSE FOR ADDITIONAL COMMENTS
SOCIAL SERVICE DEPARTMENT CONTRA COSTA COUNTY
DATE: January 6, 1993
TO: Phil Bertenthal
Contra Costa Legal Services Foundation
FROM: Jewel Mansapit
General Assistc Program Analyst
SUBJECT: Joseph Parker, 0796-378950
Appeal to the Board of Supervisors
The Social Service Department Administrative Review Panel has reviewed the hearing
decision of November 20, 1992 and Joseph Parker's case record, in accordance with
Department Manual §49-701. The Review Panel has recommended to the Director that
the appeal be resolved in Mr. Parker's favor. The Director, Mr. Villarreal, has approved
the recommendation. Aid will be restored to Mr. Parker immediately.
Please note that this action does not determine the question of Mr. Parker's residency,
nor does it preclude the Eligibility Worker from requiring that Mr. Parker provide
verification of his Contra Costa residency in the future.
Please notify the Clerk of the Board to remove Mr. Parker's appeal from the January
12, 1993 Board agenda.
Thank you.
cc: Clerk of the Board of Supervisors
Arthur Walenta, Assistant County'Counsel
Gen 9c (New 3/86)
II l / 1
CLERK OF THE BOARD
Inter - Office Memo
TO: Social Services Department DATE: December 23 , 1992
Appeals and Complaints Division
FROM: Jeanne Maglio, Chief Clerk
Ann Cervelli , Deputy Clerk
SUBJECT: Hearing on Appeal from Administrative Decision Rendered
on General Assistance Benefits Filed by Joseph Parker .
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 :00 p.m.on Tuesday, January 12 , 1993 .
Attachment
CC:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept .
40Douglas Drive
PW 0"winr
The Board of Supervisors Contra Chrk of 010
Wid
�amty AdminWm*m BuNding Costa °eine
651 PWA St., Room 106 ^,.,
,""nsz, C�IHomia 94&53 W
Tam/owsm tst District
Mokcf G/sftrsrti 2nd District
fk6wt 1.W-,dw,3r0 District
awm wrWd Mc/ask 4M District
Tam Tophd wt,Sth District
December 22 , 1992
Mr. Joseph Parker
2642 Moyers Road
Richmond, 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 2 : OOp .m. on
Tuesday, January 12 , 1993 .
In accordance with Board of Supervisors Resolution No. 75/26,
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 nf. the Board
of S erv' sors nd County Administrator
By o
Ann I-CZ7velfi,15eputy Cer
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals i Complaints
County Counsel
County Administrator
December 15, 1992 RECEIVED
Clerk 1 71992
Board of Supervisors
651 Pine Street CLERK BOARD OF SUPERVISORS
Martinez, CA 94553 CONTRA COSTA CO.
Re: GA Appeal 196-0378590-00-W4JC
Dear Clerk:
I Wish to appeal the decision terminating my GA.
Joseph Parker
2642 Moyers Road
Richmond, CA 94806
• BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Re: General Assistance )
Appeals Procedure ) RESOLUTION NO. 75/28
(Jan. 14 , 1975)
The Contra Costa County Board of Supervisors RESOLVES THAT:
Appeals from decisions of 'the Social Service Department 's
Complaints and Appeals Division regarding General Assistance
are made to the Board of Supervisors pursuant to Board of
Supervisors Resolution 71+/365; and this Board therefore estab-•
lashes these uniform procedures for- such appeals, effective
today.
1. A written appeal must be filed with the Clerk of, the
Board of Supervisors within 30 days after the decision by the
Hearing Officer of the Social Service Department 's Complaints
and Appeals Division.
2, both the Appellant (the General Assistance applicant
or recipient) and the Respondent (the Social Service Department ) '
must file all written materials at least one week before the date
set for Board hearing of the appeal. 1.
3. Upon hearing of the -appeal , the Board shall make any
required fact determinations based _on the record on appeal. This
record shall include the Department 's Hearing Officer's fact
findings, plus any papers filed with that ,Officer. The board will
not allow the parties to present new facts at time of appeal ,
either orally or in writing, and any such presentation will be
disregarded.
If the .facts upop which .yhe. appeal is based are not in
dispute, or if any..dispute.d..rppLs!;are' not relevant to the issue
ultimately to be decided by .the Board, the Board will proceed
immediately to the next -step�•,X&tbout .considering fact questions .
The parties may stipulate ,to•"ah e.Qreed set of facts.
4. Once the facts are determined, or if there are no fact
determinations required.:tiy tti4'ti6`�p'eal, 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.
Appealing parties may make legal arguments both by written.
brief and orally before the..Boarddt If the issues are susceptible
of immediate resolution, the .Boarq may, if It desires , immediately
decide them at the appeal hearing. If the County Counsel's ad-
vice is needed on legal questions', the Board will take the matter
under submission, reserving its final .judgment until it receives
such advice.
-1-
RESOLUTION NO. 75/28
5. If the Board's tentative decision is adverse to the
appellant, the Board may modify or reverse its tentative con-
clusion for policy reasons, insofar as such modification is not
Inconsistent with law. Such action may be taken when .the Board,
in its discretion, determines it -to be necessary to moderate or
eliminate unduly harsh effects that might result from strict
application of law or regulation. The Board may also .determine
that its policy for similar future cases is to be modified in
accordance with its decision. Unless so stated, a decision
shall have no precendential effect on future cases .
G. Having made factual determinations , having received
advice on the legal issues, and having applied policy consYdera-
tions , the Board will in due course render its decision. The
decision will be in writing, stating findings of fact if any have
been made, and summarizing the reasoning of the decision. The .,
Board may direct the County •Counsel ;to draft a proposed decision
for its consideration. '-
7. The Board may contract' with :a ,hearing officer, who. shall .
be a member of the California Bar, -to .act on its behalf in con-
ducting General Assistance appeals. The Board 's Hearing Officer
shall follow steps.. 1 through ,4 ,above,, and shall recommend a
proposed decision, stating findings o� fact and summarizing the
reasoning of the proposed deci§ion. The Board then will in its
discretion, adopt the proposed decision, adopt a modified de-
cision in accordance with step 5 above, or refect the proposed
decision and render an independent decision based on its own
interpretation of the record on appeal and applicable law.
PASSED on January 111 , 1975, unanimously by the Supervisors present.
CERTIFIED COPY
I osrtlh that this Is a full, true a correct cony of
the original document wblcb L on file to m7 offlee.
and that 1t was passed a adopted by the Board of
Supervisors of Contra Costa County, California, on
the date sbown. ATTEST: J. R. OLSSON, County
Clerk a e:offlclo Clark of said Board of Supervisors,
by Deput Clerk.
� _IeNi41975
cc: Director, Human Resources Agency
Social Service .
County Counsel
County Auditor-Controller
County Administrator
December 15, 1992 RECEIVED
Clerk DEC 1 71992
Board of Supervisors
651 Pine Street CMRKBOARDOF SUPEMM ORB
Martinez, CA 94553 CONTRA COSTA CO
Re: GA Appeal #96-0378590-00-W4JC
Dear Clerk:
. I wish to appeal the decision terminating my GA.
Joseph Parker
2642 Moyers Road
Richmond, CA 94806
Ail
It
73
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H. 7B
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 12, 1993 by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Appeal Of General Assistance Evidentiary Hearing Decision By
Mark White.
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 Mark White.
Jewel Mansapit, Social Services Department, appeared and advised
the Board of a request for a continuance of this hearing due to Mr.
White being ill and unable to attend the hearing today.
IT IS BY THE BOARD ORDERED that the hearing on the above appeal
is CONTINUED to January 26, 1993 at 2:00 p.m. in the Board Chambers.
I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of S rvisors on the date shown.
ATTESTED: , „i 15 C'
Orig. Dept. • Clerk of the Board PHIL TCHEI-Of Clerk of the Board
of Supe Isom and CouOdministrator
cc: Social Services Dept.
Program Analyst
County Counsel By AAAft IJAI ,DeDuty
Mark White
CLERK OF THE BOARD
Inter - Office Memo
TO: Social Services Department DATE: December 23 , 1992
Appeals and Complaints Division
FROM: Jeanne Maglio, Chief Clerk
Ann Cervelli , Deputy Clerk
sUBJECT: Hearing on Appeal from Administrative Decision Rendered
on General Assistance Benefits Filed by Mark White
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 : 00 p .m.on Tuesday, January 12 , 1993 .
Attachment
CC:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept .
40Douglas Drive
PW 11061WO&
The Board of Supervisors Contra Clerk 01010&Wd
Wid
County Administration BuildingCO6ta 46"14=1
8.51 Pine St., Room 106 ^,,
..Martinez, California 94553 W
Tan Parsers tst District
Rome C.iabdsrk 2nd District
Robe"1.Schroder.3rd District
Our"W ftm 11e/ook 4th District
Toa TorUdom,Sth District
December 22 , 1992
Mr. Mark White
633 S . 29th Street #A
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 : 00 p.m. on
Tuesday, January 12 , 1993 .
In accordance with Board of Supervisors Resolution No. 75/28,
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 S erv. ors County Administrator
By �
Ann Cerve i, Deputy Cer
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Re: General Assistance )
Appeals Procedure ) RESOLUTION NO. 75/28
(Jan. 14 , 1975)
The Contra Costa County Board of Supervisors RESOLVES THAT:
Appeals from decisions of the Social Service Department 's
Complaints and Appeals Division regarding General Assistance
are made to the Board of Supervisors pursuant to Board of
Supervisors Resolution 74/365; and this Board therefore estab—
lishes these uniform procedures for. such appeals , effective
today.
1. A written appeal must be filed with the Clerk of. the
Board of Supervisors within 30 days after the decision by the
Hearing Officer of the Social Service Department 's Complaints
and Appeals Division.
2. both the Appellant (the General Assistance applicant
or recipient) and the Respondent (the Social Service Department)
must file all written materials at least one week before the (late
set for Board hearing of the appeal.
3. Upon hearing of the -appeal , the Board shall make any
required fact determinations based .on the record on appeal . This
record shall include the Department 's Hearing Officer's fact
findings, plus any papers filed with that ,Officer. The board will
not allow the parties to present new facts at time of appeal ,
either orally or in writing, and any such presentation will be - -
disregarded.
If the .facts upop which .;he. appeal is based are not in
dispute, or if any. dispute.d..'jtCts1-are' not relevant to the issue
ultimately to be decided by .the Board',' the Board will proceed t
immediately to the next ,sCeR•�3.thout ;cansidering fact questions.
The parties may stipulate ,to•"an agreed set of facts.
V., ..
4. Once the facts are detirmined, or if there are no fact
determinations required:15i thq a�p7b81, the Board will consider
legal issues 'presented• by-"the•7appbal. 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.
Appealing parties may make,legal arguments both by written.
brief and orally before the..Boardf1' If the issues are susceptible
of immediate resolution, the. Boarq may, if it desires , immediately
decide them at the appeal hearing. If the County Counsel's ad-
vice is needed on legal questions', the Board will take the matter
under submission, reserving its final judgment until it receives
such advice.
-1-
RESOLUTION NO. 75/28
5. If the Board's tentative decision is adverse to the
appellant, the Board may modify or reverse its tentative con-
clusion for policy reasons, insofar as such modification is not
Inconsistent with law. Such action may be taken when -the Board,
in its discretion, determines it -to be necessary to moderate or
eliminate unduly harsh effects that might result from strict
application of law or regulation. The Board may also .determine
that its policy for similar future cases is to be modified in
accordance with its decision. Unless so stated, a decision
shall have no precendential effect on future cases .
6. Having made .factual determinations , having received
advice on the legal issues, and having applied policy considera-
tions , the Board will in due course render its decision. The
decision will be in writing„ stating findings of fact if any have
been made, and summarizing the reasoning of the decision. The .-
Board may direct the County •Counsel ;to draft a proposed decision
for its consideration.
7 . The Board may contra ct' w.ith :a hearing officer, who shall .
be a member of the California Bar, to act on its behalf in con-
ducting General Assistance appeals . The Board 's Hearing Officer
shall follow steps.. 1 through ,4 ,above,, and shall recommend .a
proposed decision, stating findings o� fact and summarizing the
reasoning of the proposed decibion. The Hoard then will in its
discretion, adopt the proposed decision, adopt a modified de-
cision in accordance with step 5 above, or reject the proposed
decision and render an independent decision based on its own
interpretation of the record on appeal and applicable law.
PASSED on January Ili , 1975, unanimously by the Supervisors present .
CERTIFIED COPY
I certify that this is a full, true ! correct cotly of
the original document which is on file In my offlee, '
and that it was passed e. adopted by the Board of
Supervisors of Contra Costa County, California, on
the date shown. ATTEST: J. R. OLSSON. County
Clerk k e:offlcio Clerk of said Board of Supervisors,
by Deput Clerk.
jAN 1g 1975
cc: Director, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
RE�EIVED
DEC 2 11992
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OO�A COSTA CO.
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N 7G
TO: BOARD OF SUPERVISORS
FROM: Perfecto Villarreal, Director
Social Services Department
DATE: January 12, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY
HEARING DECISION BY COUNT BUTLER
SPECIFIC REOUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
That the Board deny Count Butler's appeal of the General Assistance
Hearing decision.
BACKGROUND:
Claimant filed request for Hearing on October 20, 1992. The Hearing was
scheduled for November 9, 1992. The decision was rendered on November
29, 1992 denying the claim.
Signature:
ACTION OF BOARD ON January 12 , 1993
APPROVED AS RECOMMENDED X OTHER
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the above appeal . Jewel Mansapit,
Social Services Department, appeared and requested that the Board
deny the appeal . The appellant did not appear to testify. IT IS
BY THE BOARD ORDERED that the appeal by Count Butler of the
General Assistance Evidentiary Hearing Decision is DENIED.
VOTE OF SUPERVISORS:
_x UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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.
ATTESTED January 12 , 1993
PHIL BATCHELOR, CLERK OF THE BOARD OF
cc• Social Service Dept. SUPERVISORS AN OUN Y MINISTRATOR
Program analyst
County Counsel BY , DEPUTY
Count Butler
CLERK OF THE BOARD
Inter - Office Memo
TO: Social Services Department DATE: December 23 , 1992
Appeals and Complaints Division
FROM: Jeanne Maglio, Chief Clerk
Ann Cervelli , Deputy Clerk
SUBJECT: Hearing on Appeal from Administrative Decision Rendered
on General Assistance Benefits Filed by Count Butler
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 : 00 p.m- on Tuesday, January 12 , 1993.
Attachment
cc:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept .
40Douglas Drive
'the Board of Supervisors Contra a"d ft DowdNo `
County Administration Building CjQSta °°� 1
651 Pirie St., Room 106
14artinez, Caliioomia 94553 �.^A^�" '•1.
Town/evars.tst District
Nancy C.fa Ww 2nd District
Robert 1.adtreder,3rd District
bonen N rWd McPsa5,4th District
Tan Torh*wn,Stn District
December 22 , 1992
Count Butler
2410 Virginia 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 before the Board of
Supervisors in the Board Chambers, Room 107 , County Administration
Building, 651 Pine Street, Martinez, California, at 2 : 00 p.m. on
Tuesday, January 12 , 1993 .
In accordance with Board of Supervisors Resolution No. 75/28 ,
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 Zzry sorz
d County Administrator
By
Ann Ce e i , eputy Clerk
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Re: General Assistance )
Appeals Procedure ) RESOLUTION NO. 75/28
(Jan. 14 , 1975)
The Contra Costa County Board of Supervisors RESOLVES THAT:
Appeals from decisions of the Social Service Department 's
Complaints and Appeals Division regarding, General Assistance
are made to the Board of Supervisors pursuant to board of
Supervisors Resolution 7b/365i and this Board therefore estab--
lishes these uniform procedures for- such appeals, effective
today.
1. A written appeal must be filed with the Clerk of, the
Board of Supervisors within 30 days after the decision by the
Hearing Officer of the Social Service Department 's Complaints
and Appeals Division.
2. Both the Appellant (the General Assistance applicant
or recipient) and the Respondent (the Social Service llepartment )
must file all written materials at least one week before the date
set for Board hearing, of the appeal.
3. Upon hearing of the.-appeal , the Board shall make any
required fact determinations based .on the record on appeal. This
record shall include the Department 's Hearing Officer's fact
findings, plus any papers filed with that ,Officer. The Lsoard will
not allow the parties to present new facts at time of appeal ,
either orally or in writinr,, and any such presentation will be -
disregarded.
If the .facts upop which ,the. appeal Is based are not in
dispute, or if any..dispute.d..rap s�-are'. not relevant to the issue
ultimately to be decided by .the Board, the hoard will proceed `
immediately to the next 'step,%XLthout .co.nsidering, fact questions.. *
The parties may stipulate ,to•"an i ' eed set of facts.
4. Once the facts are determined, or if there are no fact
determinations required.:tiy thgjUr5 'bkl, the Board will consider
legal issues "presented• by- the�-eppbal. 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.
Appealing parties may make legal arguments both by written.
brief and orally before the...Boardil If the issues are susceptible
of immediate resolution, the .Bo.ard may, if it desires , immediately.
decide them at the appeal hearing. If the County Counsel's ad-
vice is needed on legal questions', the Board will take the matter'
under submission, reserving its final judgment until it receives
such advice.
-1-
RESOLUTION NO. 75/28 ,
5. If the Board's tentative decision is adverse to the
appellant, the Board may modify or reverse its tentative con-
clusion for policy reasons, insofar as such modification is not
inconsistent with law. Such action may be taken when the Board,
in its discretion, determines it -to be necessary to moderate or
eliminate unduly harsh effects that might result from strict
application of law or regulation. The Board may also determine
that its policy for similar future cases is to be modified in
accordance with its decision. Unless so stated, a decision
shall have no precendential effect on future cases . .'
6 . Having made factual determinations , having; received
advice on the legal issues, and having applied policy consYdera-
tions, the Board will in due course render its decision. The
decision will be in writing, stating findings of fact if any have
been made, and summarizing the reasoning, of the decision. The -
Board may direct the County •Counsel ,to draft a proposed decision
for its consideration. '• '
7. The Board may contract• with :a ,hearing officer, who shall .
be a member of the California Bar, to 'act on its behalf in con-
ducting General Assistance appeals . The Board 's Hearing Officer
shall follow steps ., l through ,4 ,above,, and shall recommend .a
proposed decision, stating findings ot; fact and summarizing the
reasoning of the proposed decition. The Board then will in its
discretion, adopt the proposed decision, adopt a modified de-
cision in accordance with step 5 above, or reject the proposed
decision and render an independent decision based on its own
interpretation of the record on appeal and applicable law.
PASSED on January lig , 1975, unanimously by the Supervisors present .
URTMED COPY
I oertif7 that this is a toll. true t correct coD7 of
the original document which is on file in my offloe•
and that it was passed S. adopted by the Board of
Supervisors of Contra Costa County, California, on
the date shown. ATTEST: J. R. OLSSON, County
Clerk!ex-officio Clerk of said Board of Supervisors,
by Depot Clerk.
on .�e 1 41975
cc: Uirector, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
\��5 IL
As
Please reply to:
Sacral Service Department Contra
40 Douglas Drive
Perfecto VillarrealCosta O Cta Martinez.California 94553-4068
C
Director J
- County
RECEIVED
z , 1 7 IC:
CLERK BOARD OF SUPERVISORS
`+fir
CONTRA COSTA CO.
rr,� cont'
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
IN THE MATTER OF:
Count Butler, claimant County No.: 0792-0360043-W4JD
2410 Virginia Ave. Notice of Action: 10/141192
Richmond, CA 94804 Effective Date: 10/31/92
Appeal Filing Date: 10/20/92
Aid Paid Pending: Yes
Date of Hearing: November 9, 1992
Place of Hearing: Richmond, California
Appeals Officer: Carole C. Allen
Work Programs Representative: Janis McGregor, Work Programs Supervisor
ISSUE
Whether the County is correct in it's discontinuance of claimant's General Assistance, and
the imposition of a one month period of ineligibility, based on claimant's willful failure,
without good cause, to meet General Assistance requirements when he failed to appear
for a Job Club appointment with Work Programs on August 18, 1992.
COUNTY POSITION
Claimant has been a General Assistance (G.A.) recipient since 1986. On 6/24/92,
claimant signed an Employable General Assistance Cooperation Agreement wherein he
agreed to keep all appointments with Work Programs. On 8/18/92, claimant had a
scheduled appointment with Work Programs for Job Club. He did not appear for the
appointment nor did he call to reschedule or explain why he did not appear. Based on
the above, the County notified claimant of the discontinuance of his G.A. and a one
Evidentiary Hearing Decision
Count Butler
0792-0360043
Page 2
month period of ineligibility because he willfully failed, without good cause, to meet his
responsibilities to the program.
CLAIMANTS POSITION
Claimant acknowledges that he knew of the 8/18/92 Job Club appointment. He also
acknowledges that he knows the penalties for failing to cooperate with the G.A. program
requirements. He testified that he was ill in July and August and could not keep the
appointment because of his illness. Claimant states he has high blood pressure and a liver
problem. He stated he was hospitalized for three days around the time of the 8/18
appointment. He said he had turned in a medical excuse for this.
Since no medical excuse for the August time period could be found in either the Work
Program case file or the Income Maintenance case file, the hearing record was left open
to allow claimant to obtain and submit a medical excuse for 8/18/92. Information was
received from claimant showing that he was under medical care from 10/9/92 through
10/23/92 and could return to work on 10/30/92. No further information was received and
the hearing record was closed.
REGULATORY AUTHORITY
Department Manual Section 49-210,II,A,1, provides that an individual who does not have
a medically verified physical or mental disability, or who has not been determined to be
unemployable by the Vocational Counselor, is considered employable.
Department Manual Section 49-210,II,B,1, provides that persons determined employable
must sign and comply with requirements of the GA-34, "Employable General Assistance
Cooperation Notice".
Department Manual Section 49-210,IV,B,I,c, provides that employable recipients must
actively participate in the Job Club/Job Search program.
Department Manual Section 49-111,II,E, provides for good cause reasons for failure to
cooperate with program requirements.
Evidentiary Hearing Decision
Count Butler
0792-0360043
Page 3
Department Manual Section 49-111,II,G,1, provides that a recipient who willfully 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 from aid, and
sanctions shall be imposed. The first failure is a one month sanction, the second failure
is a three month sanction, and the third failure is a six month sanction.
Department Manual Section 49-211,11,13, provides that a willfulness determination must
be made for each recipient failure to cooperate. A wilM act is one that is intentional or
without reasonable excuse or cause. The burden of proof to establish that a failure is not
willful is on the applicant or recipient.
CONCLUSION AND FINDING OF FACT
Although there is evidence that claimant has medical problems with high blood pressure
and liver problems, no evidence was submitted showing that claimant was having these
problems in August, 1992. Claimant did not contact his Work Programs worker when
he received the Job Club appointment to advise her of any health problems that would
preclude him attending the 8'18/92 meeting. Clavnant has not established that he had
good cause for having failed to attend the 8/18/92 Job Club. Nor has claimant provided
sufficient evidence to overcome the finding that he willfully failed to meet his
responsibilities to the G.A. program. The County's action is sustained.
ORDER
Claim is denied.
Social Service Appre-als Officer Date
Appeals Progr&h Manager Date
Evidentiary Hearing Decision
Count Butler
0792-0360043
Page 4
If,you are dissatisfied with this decision you may appeal the matter direct]• to the Contra
Costa County Board of Supervisors.
Appeals must be filed in writing with the Clerk of the Board. 651 Pine St., Martinez, CA
94553. Appeals must be riled within thirty (30) days of the date of this Evidentiary
Hearing Decision.
No further aid paid pending a Board of Supervisors appeal.
COUNT
FICM 510 234-858? AC
rithew 4 .� 0 2 2 5 2 ?2 2 -
2 / 13/ 196?
Venmorial I_ 7/ 1 3/32 R H 4 . f R I
tj
AND 1; L1NIC3
RE!'LY TO: ..:,_ Patient Name:
❑ MERRITHEW MEMORIAL
HOSPfTAL AND
HEALTH CENTER: TO WHOM IT MAY CONCERN:
2500 Alhambra Avenue /
Martine:,CA 94553 The above named G .
patient has been under our care from -� w- .
(415)370-5000 DA k
The patient: J
❑ UENTWOOD
HEALTH CENTER: 0'18 able to return to work or school on
118 Oak Street
Brentwood,CA 94513 ❑ Will not be able to work until
(415)634-1102
❑ Can return to restricted duty on .The following
❑ NTTS$UitG
HEALTH CENTER: restriction(s)apply:
550 School Street
Pittsburg,CA 94565
(415)427-8115
Restrictions apply until
❑ RICHMOND
HEALTH CENTER: ❑ Should not participate in physical education until
38th&Bissell
Richmond,CA 94805
(415)374-3018
Sincerely, —
❑ CONCORD
HEALTH CENTER:
3052 Willow Pass Road
Concord,CA 94519 j
(415)646-5501
VMDVMEl OTHER: R s�n,�
onO.W-P«o.m
copy-Chen
,. Of•='=t=„=, Contra Costa County
r
/l { RECEIVED
DEC 1 71992
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
� i
r
r
I
` -Social Service Department Contra Please reply to:
40 Douglas Drive
Perfecto Villarreal Costa
Martinez,California 94553-4068
Director
County
RECEIVED
'A. DEC 1 7 1992
o� CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
.r,q couN`�
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
IN THE MATTER OF:
Count Butler, claimant County No.: 0792-0360043-W4JD
2410 Virginia Ave. Notice of Action: 10/14/92
Richmond, CA 94804 Effective Date: 10/31/92
Appeal Filing Date: 10/20/92
Aid Paid Pending: Yes
Date of Hearing: November 9, 1992
Place of Hearing: Richmond, California
Appeals Officer: Carole C. Allen
Work Programs Representative: Janis McGregor, Work Programs Supervisor
ISSUE
Whether the County is correct in its discontinuance of claimant's General Assistance, and
the imposition of a one month period of ineligibility, based on claimant's willful failure,
without good cause, to meet General Assistance requirements when he failed to appear
for a Job Club appointment with Work Programs on August 18, 1992.
COUNTY POSITION
Claimant has been a General Assistance (G.A.) recipient since 1986. On 6/24/92,
claimant signed an Employable General Assistance Cooperation Agreement wherein he
agreed to keep all appointments with Work Programs. On 8/18/92, claimant had a
scheduled appointment with Work Programs for Job Club. He did not appear for the
appointment nor did he call to reschedule or explain why he did not appear. Based on
the above, the County notified claimant of the discontinuance of his G.A. and a one
Evidentiary Hearing Decision
Count Butler
0792-0360043
Page 2
month period of ineligibility because he willfully failed, without good cause, to meet his
responsibilities to the program.
CLAIMANTS POSITION
Claimant acknowledges that he knew of the 8/18/92 Job Club appointment. He also
acknowledges that he knows the penalties for failing to cooperate with the G.A. program
requirements. He testified that he was ill in July and August and could not keep the
appointment because of his illness. Claimant states he has high blood pressure and a liver
problem. He stated he was hospitalized for three days around the time of the 8/18
appointment. He said he had turned in a medical excuse for this.
Since no medical excuse for the August time period could be found in either the Work
Program case file or the Income Maintenance case file, the hearing record was left open
to allow claimant to obtain and submit a medical excuse for 8/18/92. Information was
received from claimant showing that he was under medical care from •10/9/92 through
10/23/92 and could return to work on 10/30/92. No further information was received and
the hearing record was closed.
REGULATORY AUTHORITY
Department Manual Section 49-210,11,A,1, provides that an individual who does not have
a medically verified physical or mental disability, or who has not been determined to be
unemployable by the Vocational Counselor, is considered employable.
Department Manual Section 49-210,II,B,1, provides that persons determined employable
must sign and comply with requirements of the GA-34, "Employable General Assistance
Cooperation Notice".
Department Manual Section 49-210,IV,B,l,c, provides that employable recipients must
actively participate in the Job Club/Job Search program.
Department Manual Section 49-111,H,E, provides for good cause reasons for failure to
cooperate with program requirements.
Evidentiary Hearing Decision
Count Butler
0792-0360043
Page 3
Department Manual Section 49-111,H,G,1, provides that a recipient who willfully 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 from aid, and
sanctions shall be imposed. The first failure is a one month sanction, the second failure
is a three month sanction, and the third failure is a six month sanction.
Department Manual Section 49-211,H,D, provides that a willfulness determination must
be made for each recipient failure to cooperate. A willful act is one that is intentional or
without reasonable excuse or cause. The burden of proof to establish that a failure is not
willful is on the applicant or recipient.
CONCLUSION AND FINDING OF FACT
Although there is evidence that claimant has medical problems with high blood pressure
and liver problems, no evidence was submitted showing that claimant was having these
problems in August, 1992. Claimant did not contact his Work Programs worker when
he received the Job Club appointment to advise her of any health problems that would
preclude him attending the 8/18/92 meeting. Claimant has not established that he had
good cause for having failed to attend the 8/18/92 Job Club. Nor has claimant provided
sufficient evidence to overcome the finding that he willfully failed to meet his
responsibilities to the G.A. program. The County's action is sustained.
ORDER
Claim is denied.
Social Service Appeals cer Date
Appeals Progr Manager Date
Evidentiary Hearing Decision
Count Butler
0792-0360043
Page 4
If you are dissatisfied with 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 St., Martinez, CA
94553. Appeals must be filed within thirty (30) days of the date of this Evidentiary
Hearing Decision.
No further aid paid pending a Board of Supervisors appeal.
r' UTLR COUNT
I.CH 520 234-8587 A0
rith+ev+r ! ,�� = j 4 4 0 2 2 5 � 3 Q 2F, -
,, 2 ! 1 31 1 '3 6 7
',t'r1o" L %/73/32 RHC . FR 1 ?
AND I.INIC3
REPLY TO: .. i� _'Patent Name:
❑ MERRITHEW MEMORIAL:' _• V
HOSPITAL AND
HEALTH CENTER: TO WHOM IT MAY CONCERN:
2500 Alhambra Avenue ';: I 1� ' - *l
Martinez,CA 94553 The above named patient has been under our care from t�, j` /" . t0- -2 .
(415)370-5000 �.
tl+lli �...
yam..
The patient: 1
�
HEALTH [ 'Is able to return to work or school on
118 Oak Street
Brentwood,CA 94513 [] Will not be able to work until
(415)634-1102
i ❑ Can return to restricted duty on The following .
PITTSBURG
HEALTH CENTER: restriction(s)apply:
550 School Street
Pittsburg,CA 94565
(415)427-5115
Restrictions apply until
❑ RICHMOND
HEALTH CENTER: Y`;: ❑ Should not participate in physical education until —
38th&Bissell +
Richmond,CA 94805
(415)374-3028
Sincerely,
❑ CONCORD
HEALTH CENTER:
3052 Willow Pass Road
Concord,CA 94519
(415)646-5501
OTHER:
;.i. colt/•chid .
Q Contra
/''��+}�} County
MR 81-1(1191) Contra Costa Cou ty
Y
11�1-3