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,
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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: ` !/
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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
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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
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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
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,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
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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.
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RESOLUTION NUMBER 92/,,4
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D OF SUPERA
SORS
CORMA COSTA CO. - - -- -
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-
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