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HomeMy WebLinkAboutMINUTES - 10121993 - H.3B FROM: Perfecto Villarreal, Director Social Service Department DATE: October 12, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY DAVID MANGUM SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny David Mangum's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on July 26, 1993. The Hearing was scheduled for August 9, 1993. The claimant did not appear for the hearing, and the claim was dismissed. Signature: 4, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON October 12 , 1993 APPROVED AS RECOMMENDED OTHER x This is the time heretfore noticed by the Clerk of the Board for a new hearing on the appeal from the General Assistance Evidentiary Hearing Decision by David Mangum. Jewel Mansapit, General Assistance Program Analyst, Social Service Department, advised of a changed staff recommendation to grant the appeal by Mr. Mangum to allow him a new hearing. IT IS BY THE BOARD ORDERED that the appeal from the General Assistance Evidentiary Hearing Decision by David Mangum is GRANTED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT IV ) AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Social Service Department ATTESTED October 12 , 1993 Program Analyst PHIL BATCHELOR, CLERK OF THE BOARD OF Appeals Unit SUPERVI ORSOND COUNTY ADMINISTRATOR County Counsel County Administrator BY , DEPUTY David Mangum FROM: Perfecto Villarreal, Director Social Service Department DATE: September 27, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY DAVID MANGUM SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny David Mangum's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on July 26, 1993. The Hearing was scheduled for August 9, 1993. The claimant did not appear for the hearing, and the claim was dismissed. Si9 nature: ` !/ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON September 28 , 1993 APPROVED AS RECOMMENDED x OTHER , This is the time heretofore noticed by the Clerk of the Board for hearing on the appeal from the General Assistance Evidentiary Hearing Decision by David Mangum. Jewel Mansapit, General Assistance Program Analyst, Social Service Department, presented the staff report on the appeal . David Mangum, appellant, presented testimony in support of his appeal . IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and the appeal from the General Assistance Evidentiary Hearing Decision by David Mangum is DENIED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT IV ) AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Social Service Department ATTESTED September 28 , 1993 Program Analyst Appeals Unit PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERV ORS ND CO NTY ADMINISTRATOR County Administrator David Mangum BY a DEPUTY DATE: 1 � Q REQUEST To SPEAK FoRM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum beforea addres g he Boar NPHONE:�� ADDRESS: CITY: , 1 am speaking formyselfOR organization: (NAME OF ORGANl7.aTlOti) Check one: I wish to speak on Agenda Item # My comments will be: general for against I I wish to speak on the subject of r S' S 47/ I do not wish to speak but leave these comments for the Board to consider August 24, 1993 David Mangum 14 Corte Lado Martinez CA 94553 Dear Mr. Mangum: Re: Request for postponement of August 9, 1993 hearing. The information provided in your August 23 , 1993 letter does not change our original decision. You are not granted a postpone- ment. Per your first letter, you chose not to appear for the Evidentiary Hearing. In that the job did not work out is not a good reason for failing to show up for the hearing. I also note that you were able to go to the Chiropractic doctor on that date so I don't know why you could not have appeared for your hearing. The appointment letter is very specific in stating that if you can not attend the hearing you must telephone in advance. If you provide Employment Services (Work Programs) medical proof that you were not able to do the workfare assignments, they may resolve the issue. The Employment Services worker is not Ms. Pace, it is the worker you saw in Antioch. Sincerely; Scott Clayton Social Services Appeals Officer T t /�/as./�/•,vai a.�//7Ze �cP s lC /iIQs:P _ hr rsrs. - �7a 9-/77-3 Bar-ton-Anberson C�iropractic August 17 , 1993 To whom it may concern: Mr . David �//a 4is presently under my care for injuries he received on May 16 , 1993 The Patient is presently experiencing hypoesthesia in the fifth lumbar dermatome of the left leg, left anterior rib pain and- left hand pain on the ulnar side . A diagnosis of post traumatic subluxations to the lumbar, thoracic and cervical spine has been made. Specific Chiropractic Adjustments are being given to reduce nerve root irritation. If I can answer any questions regarding this case please do not hesitate to contact our office. Yours in good health , Warren R . Anderson , D.C. 1251 MONUMENT BLVD., SUITE 140, CONCORD, CA 94520 • (510) 685-2002 B,ar to I-. C h i i S T i E 1 E N T 1251 Mor It.41-f I It F,.!; v rd St-I-it e 14 C? Q7 F2,I.,J A C C T NF_11 16EF Ll DC) t a t CA :1=553 LAS , CHG. 0.3-13-93 C., Credit Adjust B:�i a t u.t.- c.,n 0 S y I r-I CIC CIC 0. H s CHIRC)FF�%CT T A =)`. ,_'_3 .0. G 11)- E" EE P.A!- A D J, T f11 EINI T 0 1-2. E-G M N T 9`l 2 4)1 J C,I C, AL T�j J, I- z C. ` A C, v:) T T HIN T 6 j-, T Cl A Nh­ Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarrealr OCt� Martinez,California 94553-4068 Director Costa County 5E 1 oi S'q CU 171` August 16, 1993 David Mangum 14 Corte Lado Martinez, CA 94553 County #495199-A4AF Dear Mr. Mangum: We are unable to allow you further hearing time on this issue. You made a decision not to attend the appointment, due to your assumption you would be working. You should have advised us of your plans. Sincerely, Charl A. Chapman CAC:sls ZZ 7�7z _..._ _ ..__ . h���__ __ _ _lir/dL//�_ ,��_ G✓od�i._•'� Gj _ice/ _.- _ . �'._. -- __ - ----- ------ _ _. -- -- --- - -- -- - . -- - . 0 ,5ocial Service Department Contra Please reply to: Perfecto Villarreal 40 Douglas Drive Costa Sta Martinez,California 94553-4068 Director s7 County 7/29/93 g sra COUNT DAVID MANGUM 14 Corte Lado Martinez, CA 94553 Re: 495199 EW: A4AF Filing Date: 7/26/93 Dear DAVID MANGUM We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing is scheduled for: Location: 40 Muir Road MARTINEZ, CA 94553 Date: 8/09/93 Time: 1:00 PM Because 7 or more hearings are scheduled for the same hearing time, it may be necessary for you to wait for some time before your case is called. Cases will be heard on a first-come, first-served basis. The Hearing Officer will appreciate- your patience. If you are unable to attend.the hearing, please call 313-1790 If you do not attend, the Hearing Officer may dismiss your request for Hearing. You have a right to an interpreter if you need one. If you have also filed a request for a State Fair Hearing, you will receive a letter from the State Department of Social Services about the time and place for that hearing. The State Fair Hearing is separate and apart from the County Evidentiary hearing. Social Service Appeals Unit CA: sls IfY I1PaX, _ -1:fle_ .,e.; - O_ _-oo�l o,4ol-!,00('i crC ----- > -- — - - - — - - - - -w 000 -00, 00w 17Z ._//r%./_nor _ o0e r�o� _®mac'_ lie - -- -sow ' -- ----- - P y -- --- - __ 0i .Plc" -� --�c/ -�e- - � -d - .• - _ - �: _ ECEIVED . - - - --- OCT-L 2.t9A3 - -- - ---Is s--P, r —— ---- — — ------ --- — _ -- CLERK BOARD-OF SUPER 1t il. �:_s — -- — — — CONTRA COST(, e, . I��V,leea-,-'Ile Ili r�/S l� �,��.�e1la lj: i !l 717 x4oltle i /low >Z-S 4)A p A/r_ .00�� � JA� e ;Z, sG, , rvso•� 71 ,�, : � ® y ;00,?fal Ib-1�-53 �• 3� .2 ; )S'P. . CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: October 1, 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 David Mangum Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing, plus any information which your department may wish to file for the Board appeal which is set for 2 :15 p.m. on Tuesday, October 12, 1993 . Attachment CC : Board members County Administrator County Counsel The Board of Supersors Phil Batchelor Contra Clerk of the 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 Sonne Wright McPeak 4th District Tom Torlakson,5th District ��: •- •x`4¢6 �pst�-N�•�T OU October 1, 1993 David Mangum 14 Corte Lado Martinez, CA 94553 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 new hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 : 15 p.m., on Tuesday, October 12, 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' tra r ByIjUIVL n C ve 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 :cissa=assessssassssaaasa=saar.=Wa :sssasaaoasaeaaeazac SUBJECT: General Assistance Hearing } Resolution Number 92/154 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: 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 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 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. Wben 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 prebearing 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 92/S54 • 0 (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) illness which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager), 108. Decision (a) A written decision shall be mailed to the claimant within thirty days after the bearing record is closed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- 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 Clerk of the Board of Supervisors v6ithin fourteen days after the decision has been mailed to the claimant. Absent evidence sbowing 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 is 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 hast one week before the date set for the Board bearing. New material must W served by mail on the opposing parry. 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 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 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 fans. RESOLUTION NUMBER 92/53_ ' n 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 Officet'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 as appeal immediately after bearing or take the appeal under Asubmission. e +M*r r•Ow and soma+am or .� aetbn tit«+ snd �ad� tM �nrra. d ms ' saw of ATTESTEMiI bATCMEL CMtk o�a+a baro f b,+PKVwn and a"*AO"'M"low � h��.�YilGlf/r' .p�puty RESOLUTION NUMBER 92/,,4 � s�<,�war/�•� ��.�.s ��� �� �!�`�/�' / mac'-' ���' �/.�i� f��7�C� L 0��•�T- -�-� �s- / ��P S�, -74 - REC � - - `S AUG 'L 51993 "oo������ D OF SUPERA SORS CORMA COSTA CO. - - -- - �ff��1� i%v�.�i - Barton-Anderson C*ropractic August 17, 1993 To whom it may concern : Mr . David Magnum is presently under my care for injuries he received on May 16 , 1993 The Patient is presently experiencing hypoesthesia in the fifth lumbar dermatome of the left leg , left anterior rib pain and left hand pain on the ulnar side. A diagnosis of post traumatic subluxations to the lumbar , thoracic and cervical spine has been made. Specific Chiropractic Adjustments are being given to reduce nerve root irritation. If I can answer any questions regarding this case. please do not hesitate to contact our office. Yours in good health , r �C. Warren R. Anderson , D.C. 1251 MONUMENT BLVD.. SUITE 140, CONCORD. CA 94520 - (510) 685-2002 ' Social Service DeparAnt Contra • Please reply to: t _" 40 Douglas Drive perfecto%rdlarreal Costa Martinez,California 94553-4068 Director s7 4, County 7/29/93 ,.o DAVID MANGUM 14 Corte Lado Martinez, CA 94553 Re: 495199 EW: A4AF Filing Date: 7/26/93 Dear DAVID MANGUM We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing is scheduled for: Location: 40 Muir Road MARTINEZ, CA 94553 Date: 8/09/93 Time: 1:00 PM Because 7 or more hearings are scheduled for the same hearing time, it may be necessary for you to wait for some time before your case is called. Cases will be heard on a first-come, first-served basis. The Hearing Officer will appreciate your patience. If you are unable to. attend the hearing, please call 313-1790 If you do not attend, the Hearing Officer may dismiss your request for Hearing. You have a right to an interpreter if you need one. If you have also filed a request for a State Fair Hearing, you will receive a letter from the State Department of Social Services about the time and place for that hearing. The State Fair Hearing is separate and apart from the County Evidentiary hearing. Social Service Appeals Unit �� CA:sls C � i i AUG - 26 -- 93 THU 1 3 : 32 P . 01 r Social Service Department Contra ReaSE r6:!y t0 »0 DOUg?ns Drive Penedo V111arm-41 r` Martinez.QNkfol nen 9-L53-4D68 4ir post-it"brand tax transmittal memo 7671 t o!Pcoc ' Y. ��om Pt Phono M ax I Fax RIDENTIARY SEARYNa DECISION= NOTICE OF DISMISSAL ,,TN THE MATTER OF: County t: 495199-'A4AF Filing Date: 7/26/93 David Mangum Notice Date: 7/13/93 14 Corte Lado Action Date: 7/31/93 Martinez, CA 94553 Hearing Date: 8/09/93 Aid Paid Pending? YES VTATr tMENT OF FACTS An Evidentiary Hearing was scheduled for August 9, 1993. Claimant was duly notified of the date, time and place of Hearing via letter July 29, 1993 . Claimant failed to appear for the Evidentiary. Hearing; no postponement was requested. REASONS FO1THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously , arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The . claim is dismissed as claimant failed to appear for the. Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision you may appeal the matter directly to the Contra Costa County Boalyd of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 : Pine Street, Martinez, 94553 . Appeals must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. August 12, 1993 Carole Allen Social Service Appeals Officer CA:sls ovr 1,A)l if W Re V I l'i September 14, 1993 new Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 4-4 . 006 of the County Ordinance Code, this is to advise that a earing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 : 15 p.m. on Tuesday, 9i�.'- I 1993 . In accordance with Board o Supervisor Resolution No. 92/554 , your written presentation and .all relevant material pertaining to the appeal must be filed with the Clerk of the Board (Room 106, County Administration Building, 651 Pine Street, Martinez) at least one week before the date of the hearing. Your attention also is directed to the other provisions of said Resolution (copy enclosed) which set forth the General Assistance Appeal procedure. Very truly yours, PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Ann Cervelli, Deputy Clerk Enclosure cc: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: October 1, 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 David Mangum Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing, plus any information which your department may wish to file for the Board appeal which is set for 2 :15 p.m. on Tuesday, October 12, 1993 . Attachment CC : Board members County Administrator County Counsel The Board of Supery rsContra CerkloftthehBoard and County Administration Building Costa County Administrator S 651 Pine St., Room 106 s (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District S E L__ Gayle Bishop,3rd District Surma Wright McPeak 4th District Tom Toriakson,5th District rr'i C`OIJ H'� October 1, 1993 David Mangum 14 Corte Lado Martinez, CA -94553 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 new hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 : 15 p.m. on Tuesday, October 12, 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' tra r ,c7 By n C velli, 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, McPeak NOES: None ABSENT: Supervisor Powers ABSTAIN: None ssssssssssssssssssssssssssssasass:sssssas=ss===oss=== 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 whicb 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 bey 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 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,whicb require verification: (a) bearing is continued at request of the Social Service Department, RESOLUTION NUMBER 92/554 (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) illness which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager) 108. Decision (a) A written decision shall be mailed to the claimant within thirty days after the bearing record is closed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- 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%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 Heating decisions and recommend proposed action to the Director. (a) If the Director supports the beating 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 wM be notified to withdraw the item from the Board agenda.The appropriate Social Service District office will be advised to take corrective action. 244. Both the appellant and the Department must file all written materials at least one week before the date set for the Board bearing.New material must be served by mail on the opposing parry. 205. (a) Upon bearing the appeal, the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board.This record shall include the Department's Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If the facts upon which the appeal is based are not in dispute or 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 NUMMER 92/b_ 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, fnsofar 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. s (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 Learing or take the appeal under psubmission. w«.ev a.nKr+M N•r a"0 Id WOO eevr e1 saw moo+s o�:n�a+'w° 00. 00Awa. a Ohs z A TZ� vyoeGtELinO of the SWO ow"AbnMdrtrsfo► , ti RESOLVnON NUMBER 92/ 54 REC -;�-T- e- o �. �� `S M�l1G L 1993 �� D OF SUPER VISORS CORM_ - -- - - - - - -- COSTA CO. - - --- o - Jill �.. vewt7 .y�� G _Ira Barton-Anderson '- 4iropractic August 17 , 1993 To whom it may concern : Mr . David Magnum is presently under my care for injuries he received on May 16 , 1993 The Patient is presently experiencing hypoesthesia in the fifth lumbar dermatome of the left leg , left anterior rib pain and left hand pain on the ulnar side. A diagnosis of post traumatic subluxations to the lumbar, thoracic and cervical spine has been made. Specific Chiropractic Adjustments are being given to reduce nerve root irritation. If I can answer any questions regarding this case. please do not hesitate to contact our office. Yours in good health , Warren R. Anderson , D.C. 1251 MONUMENT BLVD., SUITE 140, CONCORD. CA 94520 - (510) 6B5-2002 Please . Social Service Depart ,t Contra • 40Dougla Drive Perfecto vularreal Costa 40 Douglas Drive Martinez,California 94553-4068 Director �. County 7/29/93 . Z .rpq,cdiit;T` DAVID MANGUM 14 Corte Lado Martinez, CA 94553 Re: 495199 EW: A4AF Filing Date: 7/26/93 Dear DAVID MANGUM We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing is scheduled for: Location: 40 Muir Road MARTINEZ, CA 94553 Date: 8/09/93 Time: 1:00 PM Because 7 or more hearings are scheduled for the same hearing time, it may be necessary for you to wait for some time before your case is called. Cases will be heard on a first-come, first-served basis. The Hearing Officer will appreciate your patience. If you are unable to attend the hearing, please call 313-1790 If you do not attend, the Hearing Officer may dismiss your request for Hearing. You have a right to an interpreter if you need one. If you have also filed a request for a State Fair Hearing, you will receive a letter from the State Department of Social Services about the time and place for that hearing. The State Fair Hearing is separate and apart from the County Evidentiary hearing. Social Service Appeals Unite CA:sls LA AUG - 26 - 93 THU 1 3 .2 • P 0 1 ° r P'eose r6Ply to: Social Service Department Contra 40 G0LIOMS Drive Perfecta Villarmal %4ar:inet.O11ifotn,n94653.4068 Air post41v brand fax transmittal memo 7671 +o1Paao6► � . irotn Y Co• P� Phoho M i .. r,•/�c;'t•'t'(1�,�Sir MTIDENTIARY REARING DECISIONS NOTICE OF DISMISSAL ,IN THE ,MATTER OF: County 1: 495199-A4AF Filing Date: 7/26/93 David Mangum Notice Date: 7/13/93 14 Corte Lado Action Date: 7/31/93 Martinez, CA 94553 Hearing Date: 8/09/93 Aid Paid Pending? YES RAVENNT OF FACTS An Evidentiary Hearing was scheduled for August 9, 1993. Claimant was duly notified of the date, time and place of Hearing via letter July 29, 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. SEASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 : Pine Street, Martinez, 94553 . Appeals must be filed within fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. August 12, 1993 Carole Allen Social Service Appeals Officer CA:sls i CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: August 26, 199,3 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SUBJECT:Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By David Mangum Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing, plus any information which your department may wish to file for the Board appeal which is set for 2 : 15 p.m. on Tuesday, September 28, 1993 . Attachment cc : Board members County Administrator County Counsel The Board of Supervi*rs Contra �erko�'� d and County Administration BuildingCQSta County Administrator (510)646-2371 651 Pine St., Room 106 r� Martinez, California 94553 County Tom Powers,1st District Jeff Snft,2nd District Gsyfs Bishop,3rd District t •. Sunne Wdght McPsak.4th District Tom Tortskson,5th District a< sT'9 C`UUH'� August 26, 1993 David Mangum 14 Corte Lado Martinez, CA 94553 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 . 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 :15 p.m. on Tuesday, September 28, 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 Admi?T— QW7e-?4?ni,- ' tra By 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 SUBJECT: General Assistance Hearing } Resolution Number 92/154 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 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 has been received,the claim may be reviewed and resolved in the claimant's favor by a pre bearing review. (a) Proposed prebearing 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 Social Service Department, RESOLUTION NUMBER 92A54 (b) mandatory court appearance which cannot be accommodated by adjusting the hearing time, (c) illness which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager), 108. Decision (a) A written decision shall be mailed to the claimant within thirty days after the bearing record is closed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- hearing for cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors 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 hearing. (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 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.This record shall include the Department's Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If the facts upon which the appeal is based are not in dispute or if any disputed facts are not relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the next step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLUTION NUMBER 92/354 206. (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 &ball 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 bearing or take the appeal under .submission. 1!mow aantty"eaa r a tnn W d aenaet am of an action Uken and auto an Igo W01" of M9 soars o? ATTESTED PHIL M� aam s �, ,wd c s u a-t-R &.d r .oapt" RESOLVnON NUMBER 92/,54 TSP _�/,�� �� zl��� P RECE - - - CLM BWD OF SUPER VISORS CORMA COSTA CO. de 1,;77 Barton-Anberson chiropractic August 17 , 1993 To whom it may concern : Mr . David Magnum is presently under my care for injuries he received on May 16 , 1993 The Patient is presently experiencing hypoesthesia in the fifth lumbar dermatome of the left leg , left anterior rib pain and left hand pain on the ulnar side. A diagnosis of post traumatic subluxations to the lumbar , thoracic and cervical spine has been made. Specific Chiropractic Adjustments are being given to reduce nerve root irritation. If I can answer any questions regarding this case please do not hesitate to contact our office . Yours in good health , Warren R. Anderson , D. C. 1251 MONUMENT BLVD., SUITE 140, CONCORD, CA 94520 • (510) 685-2002 Social Service DeparAnt • Please reply to: Contra 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director J County E....... 7/29/93 11O _ •qty Spq-COVK'r DAVID MANGUM 14 Corte Lado Martinez, CA 94553 Re: 495199 EW: A4AF Filing Date: 7/26/93 Dear DAVID MANGUM We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing is scheduled for: Location: 40 Muir Road MARTINEZ, CA 94553 Date: 8/09/93 ± i Time: 1: 00 PM Because 7 or more hearings are scheduled for the same hearing time, it may be necessary for you to wait for some time before your case is called. Cases will be heard on a first-come, first-served basis. The Hearing Officer will appreciate your patience. If you are unable to attend the hearing, please call 313-1790 If you do not attend, the Hearing Officer may dismiss your request for Hearing. You have a right to an interpreter if you need one. If you have also filed a request for a State Fair Hearing, you will receive a letter from the State Department of Social Services about the time and place for that hearing. The State Fair Hearing is separate and apart from the County Evidentiary hearing. ji Social Service Appeals Unit CA:sls /J A�u i�c 1 AUG — 2 C — 9 Z5 T H U 1 3 * 2 P 0 1 r pease ropy to: Social Service Department Contra 'o Doug-,is wive Perfecto V111arroW �,4artihcz.Qjiifo-,n,n 9.553.4068 Gir Post•tt*brand fax transmittal memo 7671 s cf Fafloa From Co. Pt Man*# • 1 Fax N •� ax/ . Y;j +••�q� j .. ';!til , •Yr'�. IDE TTIARY HEARING—DECISION: NOTICE OFDX$XTSSAL IIN THE MATTER OF: County J: 495199-^A4AF Filing Date: 7/26/93 David Mangum Notice Date: 7/13/93 14 Corte Lado Action Date: 7/31/93 Martinez, CA 94553 Hearing Date: 8/09/93 Aid Paid Pending? YES STATWT OF JPACTB An Evidentiary Hearing was scheduled for August 91 1993. Claimant was duly notified of the date, time and place of Hearing via letter July 29, 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. 1EASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously , arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the. Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision you may, appeal the :matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 ; Pine Street, Martinez, 94553 . Appeals must be Filed within . fourteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. August 12, 1993 Carole Allen Social Service Appeals Officer CA:sls de�'le -7e �W ,:�778W - EC AUG 51993 ��- — — — -- D OF SUPERVISORS ..------.____ ----._.._...__--__ -_ ---_____.---------- --- -- COSTA CSS_---- - - --- - --- -- - ---- ---_- - - - _�__- --�-�'— —zo < -- - t A U G T H LI P Social ServIde Departmentp�:��~roply Contra Perfocto VIII;nirmlf N558-4068 Olt Po,strlt"brand fax transmittal memo 71571 tot Mono G1IS �T glq: n.QTICU OF aXSMTBSAL ;9__TA-9..XATTER OF County 495199-A4AP Filing Date: 7/26/93 David Mangum Notice Date: 7/IS/93 i4 Corte Lada Action Date: 7/31/93 Martinez, CA 94553 Hearing Date; 8/09/93 Aid Paid Pending? YES An Evidentiary Hearing was scheduled for August 9, 1993 . Claimant was duly notified of the date, time and place of Hearing via letter k7uly 29, 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. "t %QNSY04 TlgEl DECISION Department Manual Scotion 22-300p Vt A, 3 Statea that if claimant fails to appear for an Evidentiary Hearing without previouqly 4rranging for a postponement, the claim nay be dismissed. The originally proposed action shall take place immediately upon dismissal. gRDE The claim is dismissed as claimant failed to appear for the Vvidentiary Hearing, The benefits shall be discontinued as proposod in the Noti oe. if you are dissatisfied With the order of this Decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the ClerX of the Board, 651 : Pine Street, Martinez, 94553 . Appeals must be filed witbih 6Urteen (14) days of the date of the Evidentiary Decision. No further aid paid pending a Board of Supervisors appeal. August 12 , 1993 Carole Allen Social Service Appeals Of:ficar CA:sIs Social Service DepartMentPlease reply.to: Contra 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County S L 7/29/93 --- - _` ST'4 COUN"� DAVID MANGUM 14 Corte Lado Martinez, CA 94553 Re: 495199 EW: A4AF Filing Date: 7/26/93 Dear DAVID MANGUM We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing is scheduled for: Location: 40 Muir Road MARTINEZ, CA 94553 Date: 8/09/93 Time: 1:00 PM Because 7 or more hearings are scheduled for the same hearing time, it may be necessary for you to wait for some time before your case is called. Cases will be heard on a first-come, first-served basis. The Hearing Officer will appreciate your patience. If you are unable to attend the hearing, please call 313-1790 If you do not attend, the Hearing Officer may dismiss your request for Hearing. You have a right to an interpreter if you need one. If you have also filed a request for a State Fair Hearing, you will receive a letter from the State Department of Social Services about the time and place for that hearing. The State Fair Hearing is separate and apart from the County Evidentiary hearing. Social Service Appeals Unit CA:sls fjof r s 4 Barton-Anberson cbiropractic August 17 , 1993 To whom it may concern : Mr . David Magnum is presently under my care for injuries he received on May 16 , 1993 The Patient is presently experiencing hypoesthesia in the fifth lumbar dermatome of the left leg , left anterior rib pain and- left hand pain on the ulnar side. A diagnosis of post traumatic subluxations to the lumbar , thoracic and cervical spine has been made. Specific Chiropractic Adjustments are being given to reduce nerve root irritation. If I can answer any questions regarding this case please do not hesitate to contact our office . Yours in good health , Warren R . Anderson , D.C . 1251 MONUMENT BLVD., SUITE 140, CONCORD, CA 94520 • (510) 685-2002