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HomeMy WebLinkAboutMINUTES - 02151994 - H.1ABCDE TIMED ITEMS: H 11 A . H0L'Ar1na.%,8A9R#A(j H.lC%.DENIED the appeal by Jess James from the General Assistance Evidentiary Hearing decision. 6. ACCEPTED the withdrawal of the appeal by Carl. Baldwin from the General Assistance Evidentiary Hearing decision. C. DENIED the Appeal by Donnie Smith from the General Assistance Evidentiary Hearing decision. CONTINUED to March 1, 1994 at 2:00 p.m., the hearing on the appeal by Connie Borja from the General Assistance Evidentiary Hearing decision. e. GRANTED the appeal by Kathy Stewart from the General Assistance Evidentiary Hearing decision. CONTINUED to March 1, 1994 at 2:00 p.m. , the hearing on the appeal by Wilbert Harrington from the General Assistance Evidentiary Hearing decision. DENIED the appeal by Curtis Adams from the General Assistance Evidentiary Hearing decision. GRANTED the appeal by Eric Parrish from the General Assistance Evidentiary Hearing decision. , (2/15/94-Sum) t I H. 1 a, i TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: February 15, 1994 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING D E C I S I O N B Y D E S S J A M E S SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Jess James' appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on October 15, 1993.The Hearing was scheduled for November 23, 1993. The claim was denied. Signature• ea U `, ACTION OF BOARD ON February 15, 1994 APPROVED AS RECOMMENDED x OTHER This is the time heretofore rescheduled by the Clerk of the Board of Supervisors for the hearing on the appeal by Jess James from the General Assistance Evidentiary Hearing decision. Jewel Mansapit, Program Analyst, Social Service Department, appeared. The appellant, Mr. James , did not appear. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and the appeal by Jess James is DENIED. VOTE OF SUPERVISORS x UNANIMOUS (ABSENT ) AYES: NOES ABSENT ABSTAIN Contact: Jewel Mansapit, 313-1601 Original: . I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS cc: Social Service Dept. ON THE DATE SHOWN. Program Analyst Appeals Unit ATTESTED February 15 , 1994 County Counsel Pte,BATCHELOR, CLERK OF THE County Administrator BOARD OF SUPERVISORS AND Jess James COUNTY ADMINISTRATOR CC Legal Services Foundation BY D put erk Phi The Board .of Supervisors Contra ierk Batchelor Boar Clerk�of the Board and County Administration Building Costa County Administrator ♦a 651 Pine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District Gayle Bishop,3rd District , " Y Sunne MMght McPeek 4th District •.•"; Tom Torlskson,5th District •'r r� y February 3, 1994 Mr. Jess James P.O. Box 389 Bethel Island, CA 94511 General Assistance Benefits This is to advise that your hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits has been rescheduled to February 15, 1994 at 11 : 00 a.m. before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California. 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 ' straomnr By a 'Ann elli, Deputy Clerk 1 Enclosure cc: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator Contra Costa Legal Services Foundation CLERK OF THE BOARD • Inter-Office Memo TO: Social Services Department DATE: December 15, 1993 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 Jess James Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing by January 11, 1994 plus any information which your department may wish to file for the Board appeal which is set for 2 :30 p.m. on Tuesday, January 18, 1994 . Attachment cc: Board members County Administrator County Counsel The Board of Supervi- -,rs Contra Ge°�ftBoard County Administration Building Costa County and 46 651 Pine St, Room 106 (510)6 -2371 Martinez, California 94553 County • Tan Powers 1st District Jeff SmHh,2nd District Gayle Bishop.ani District Sunne Wd9M McPsak 4th District •y �. ;• Tom Talskson,5th District December 14, 1993 Mr. Jess James P.O. Box 389 Bethel Island, CA 94511 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 2:30 p.m. on Tuesday, January 18, 1994 . 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 . sitraksor By OAA �Aj Cervelli, Deputy Clerk Enclosure cc: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator Contra Costa Legal Services Foundation 1 7HE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA • Adopted this Order on Angust 4,1992 by the following rote: . AYES: Supervisors Panden. Schroder. Torlakson, McPeak NOES: None ABSENT: Supervisor Powers ABSTAIN: None :sssss:ssssssssssssssssssssssssssss::s:s::sssss:sssss SUBJECT: General Assistance Hearing } Resolution Number 92/154 and Appeal Procedwn } 71e Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365,75/28, 57/468,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 lean 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 hearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a hearing within fourteen days of the date the Notice of Action was mailed.Absent evidence to the contrary,the notice is presumed to have been mailed on the date it bears,and a request for a bearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. Where a GA recipient timely requests a bearing challenging a proposed action which will reduce,suspend or terminate his or her 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 hearing. 7be Appeals Unit will mail a written notice of the hearing to the claimant at least ten days in advance of the Hearing date. 106. Wben a request for a hewing has been received,the claim may be reviewed and resolved in the claimant's favor by a pre-hearing review. (a) Proposed pre bearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Polity Manager. 107. If the claimant is unable to attend the bearing at the originally scbeduled 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 Soda]Service Department, RESOLUTION NUA'iBER 921554 - I r (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) ;ttlaess which prevents travel, (d) death in the immediate fam0y, (e) other substantial and compelling reason. (as approved by the Appeals Manager). 308. Decision . (a) A written derision shall be mailed to the claimant within thirty days after the bearing record is _ dosed,unless the Department cords 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 daimant.Ue Hearing Officers 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. 7be applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors%ithin fourteen days after the decision has been mailed to the claimant.Absent evidence showing the contrary, a bearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Board will not stay the implementation of the Hearing decision, and the recipient shall not be entitled to continue to receive assistance pending further bearing. (b) The appeal will be scheduled for the first available Board meeting,but no earlier than the third meeting following receipt of the appeal. 203. The Administrative Review Panel may review appeals of Hearing decisions and recommend proposed action to the Director. (a) Tf the Director supports the bearing decision,the Appeals unit will be notified to proceed with the presenution to the Board. (b) U the Direaor 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 Sema District office will be advised to taste corrective Live anion. 204, both the appellant and the Department must rile alt written m:tertal:at least one w+ak before the date at for she Board bearing.Now material must be served by man on site o VWq party. 205. (a) Upon hearing the appeal,the Board aW make any required fact determinations based on the record on appeal and testimony received by the Board.?bis record shall include the Department's Hearing Officers fact findings,plus any papers died with that Officer. (b) U 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.?be parties may stipulate to an agreed set of facts. RESOLUTION NUMBER 92/s_Si 206. •, (a) Once the facts are determined,or U there are no fact determinations required by the appeal, the Board will consider legal issues presented by the appeal.Legal issues are to be framed, insofar as possible,before the Hearing and shall be based on the Department's Hearing Officer's decision and such other papers as may be filed. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. If the issues are Susceptible of immediate resolution,the board may immediately decide them at the appeal bearing. If the County Counsel's advice is needed on legal questions,the Board may take the matter under submission,reserving its final judgment until it receives sucb advice. 207. Tbe Board may decide an appeal immediately after bearing or take the appeal under .submission. 1 Arm eMfh 1M t�+M��!a grid axe�eC!d . afti0� tikM OW filmb 0n We aft"I a,Ms ao•M of an er am z /1TR= PHIL 7M. iMToik Me Daft A • lS f7A��lllt/' .orpnn �r RESOLunON NUMBER 92/ 12-13-93 03.40 PM FRO: COATRA COSTA IFC?SRV POG"ciGG2/F�6 . • LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Win ORW Telephone 1017 h[etdooeW AVMM Weer County(510)233.9954 P.O.Box 3289 Bart(510)4379-91" l MM10od.callibro a 94802 Cetural(510)3724209 Fax(310)236460 December 13, 1993 By Fax Clerk Board of Supervisors Contra Costa County 651 Fine Street Martinez, CA 94553 RE: Appeal to the Board Jeng blames�- Q8neral Assistancit Dear Members of the Board: This is to appeal the General Assistance evidentiary hearing decision dated December 1, 1993, which upheld the determination of the Department of Social Services to terminate General Assistance benefits for Fess James. Please send a copy of the notice of the Board- hearing on this appeal to both the claimant and the undersigned. Thank you. Sincerely, Contra Costa Legal Services Foundation --;Z'djo�j- By; ea or Madrigal Paralegal cc: Jess James F.G. Box 389 Bethel Island, CA 94511 mom 1G - .44 .4 Post-M brand lax transmittal memo •of poyes 0 -Social Service Department Contra To Fr Pedecto Villarreal Costa CaL Count� Fax 0 Fax 0 -7 ) 74 .!d ' 'GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION IN THE =TER oft Jess James P.0-0 BOX 389. Bethel Island, CA 94512 County No. : 07 09-437022-C4FD • Notice of Action: 10/11/93; 10/12/93 -Effective Date: 10/31/93 Appeal Filing bate: 10/15/93 ' Aid Paid Pending: Yes Date of Hearing: 11/23/93 Pla.oe of Hearing: Antioch, California Appeals officer: Kate Quisenberry County Representative: C. .Dudley Authorised Representative:. 2. Madrigal, Legal Services Foundation Whether the proposed discontinuance of ,General Assistance for w0iful failure to participate- in Workfare assignment on 9/23/93 and 9/30/93 is correct. =T]C..MS.MOL. Claimant has been a recipient of General Assistance since 1991 with intermittent' breaks in eligibility. He most recently signed the General - Assistance Cooperation - Notice on August 26, 1993 and received ; notice of his Workfare assignments. * On 8/26/93 he ' completed- the General Assistance Health Questionnaire stating that he had no al.cohol or medical problems. On 9/25/93 he completed the form, again stating that he used a 12 .pack of alcohol each day. He claiined that-he had high blood pressure but denied any other health pr6blem. Ve failed to appear for his assignments on 9/23 and 0/30, and failed to contact work programs either prior to or following DEC - 13 - 93 MOON 16_ woes P - 02 t James • page 3 : :the failures to explain them. Goad cause was not presented to work pr9ggrgms, and. the failure was deemed willful. The three month :-period. of ineligibility . is based on prior willful failures on 5/26/03 (Job 'Club) and on 6/1/93 (GAADDS) . He is a mandatory participant in GAADDS. The.finding *of willfulness was based on Claimants knowledge of the assignment, an absence of good cause, and a finding that failure to appear was intentional. Claimantfs position :was that he should be excused from failure to appear for 'Workfare assignments because he is disabled by Alcohol. As evidence of alcohol iAli he -pited mandatory referral to GAADDS. . 'Ho testified he drinks.taostly t4oi everyday, having 4-6 beers each -day afd sometimes takes hard liquor. - He testified that his normal . . tj activtties are s ' :he ;wakes• up, has a- beer -and cigarette, and es: his dog for a run., Ke .comes back -and watches the news ori T.V. He "�bullshit0- with his "buddies, and watches T.V. in the afternoon. He : "hussels a job. every once and a while". He drinks with -his ,buddies, watches:yootball, and plays some chess. He drinks ssaiaet�,mes -in the afternoon°and evenings. He is in bed at 9:00 p.m or .10,41 00 p.ms . He wakes up 3 or 4 times a night'. and watches a Tittle:T.V. to get back to sleep. Sometimes he drinks a beer. He w". incarcerated one time for 45 days daring which time he did not Arihk:.but resumeddrihki.ng upon his. release because he likes it. tie; :cl iiincd hd has 'difficulty in concentration, and gave as an :exam lo' that his mind-, w6riders when he is reading and that when talking.-to one person he may:'be thinking .about another person. He c3ai.T that -he black-nuts occasionally. Testimony relevant to facts surrounding his Workfare assignment was "that he bad been forced: out of his apartment on September i or 2 and had problems with .hiss -,giii .Friend who had moved in with .his b tt.:friend. He also testified that in light of his prior appeal he. Was* not .sure whether. he -was: required to appear for workfare. He testified . that he tried; hist .best., to keep 'workfare and needed the fihancial* help. He testified -that* he had previously denied alcohol abuse° because he was telling the county what it wanted to hear. He testified that he was -having-'problems 9/33 .9/30 but that he could handle workfare. No medical evidence of disability was presented in hearing and no 61-aim! of unemployability was previously' presented to the County. By AUT_N MY: Department Manual Section 49-121,11,8, provides, that in accordance with 42 USC section 12131 (Subchapter z1--public 'Services) of the fiEc — 1 3- 93 Mohs is. * M P @z • James Page 3, ., ..Americans with Disabilities Act, -.no qualified individual with a d,isa6i3ity ,shall, by rga8 :o::sub dJ.rz&12i.J i y• be excluded from �erticipatioh in or 'denied the •benefits of the General Assistance - progra:a. . 1: Any. failure to comply with the policies or regulations .governingGeneral Assistance, which occurs by reason of a physical or mental impairment that substantially limits one: or -more of the 'major life activities of that individual= by reason of a record of such impairment; or by reason pf such individual .being regarded as having such an 'impaitment, shall be for good cause and be excused. 2. 'The: burden 'of:proof to. establish that. such failure to comply occurred by. reason of a disability is on the applicant or iecipientt and such showing nay be rebutted by the Department. bepartient Manual Section 49-111,Ir,B,3.a, provides that Itirab.JI.JtX zeans, with respect • -to an .individual, a physical or mental impairment that substantially limits one or more of the major life sctivities of such individual; '� a -record of •such an impairment; or .being .regarded as having such impairment. .Department Manual Section 49-111,21,8,3,e, provides that the phrase w2r 1 {f means: functions such as. caring for one!s 642f, performing manual: tasks, -wa'lkino, seeing, hearing, speaking, breathinig, learning, and working. Department Manual Section 49-2101II,A,1, provides that an . Udividual who does ndt have - a medically verified physical or . mental; .cisabi��.ity, of o has not been determined to be tanemploya le by the vocational Counselor, is considered employable. Board of Supervisors Resolution 192/857 adopted December 15, 1992, provides$' Put 7., Section 703= ih :recip�ent who fails or refuses to Com ly. with General; Assistance. Program requirements as expressed in this resolution.or- in the Social Service "Department Manual of Policies and .,Procedures shall be -discontinued aid and •sanctions will be ' impose¢ -as follows unliss' the recipient shows- that the failure or refusal -to comply was for -good -cause. Department Manual Section .49-122,Yi,F,2, provides that a recipient who - fails to cooperate with. tris: racial Service Department by ' failingto •meet any on* of his or her enumerated responsibilities without-good- cause, -sha11 be -discontinued aid, *and sanctions will be imposed as follows: ' a,, first failures one month. b. second failures. three months. Dec- 1 3-93 MON 1 6 . +46 P 04 James Page 4 c. third failure: six months. Department Manual Section 4.9--111,XT Go 2, provides that the reasons. wblch:establish good cause for -a failure to cooperate or comply are' subject' to verification and .include, but are not limited to, the fallowing: a. : the failure has occurred by reason of a disability under the Americans with'Disabilities Act 1) The- burden of proof to establish that the failure occurred because of a disability is on the applicant ;or recipient a) xhe. applicarit/recipient's showing may be. rebutted -by :the Department b. .•employment has been obtained, c.. scheduled job interview .*or testing, d. mandatory court appearance, e. incirceratian, f. illness, g: death in the family, h. : other substantial .and Compelling reason. 'hese must be reviewed and -approved .by the Division Manager.. Department Manual Section •49-111,II,'N,1 provides that a willful act 4611 one that is inten,; i�iria? .o$' v;4-1%Q'4 t essonabl..e a Cus+. Or caufe. 2t; need- not be done with m ' sp6cl f ie -purpose to violate program requiremrits. •.a. .'The burden of. proof :to establish good cause, Web may E XQot ht .i t�tf ..ld .d.llStt...3 � is on the applicant/recipient. b: ;The Department :may rebut at showing of good cause by ;proving that:.the'-failure to :comply was willful., in which case-' the Depattment has the•burden of 'proof. c. In all cases it is pres..umed,.. subject to 'rebuttal, that the ordinary con4equences of the. applicant/recipient"s voluntary acts are intentional, and thus willful. . ..;2. Willfulness cannot ,be found where the person is mentally %disabled to the extent that. s/he does not. understand his/her responsibilities '•or -is incapable of fulfilling them. -3. Conduct which involves negl•3gence, inadvertence, or disability may:or may not be:willful... ..A, :Three or mare' acts of negligent failure of the recipient to follow ' ' im .zequirements; which may include acts for which the recipient previously has been discontinued from aid or sanctioned, .rev3.dence willfulness. Dopartment Manual Section 51-501,II,H,10, provides that Partioi.pants in the Workfare Program are requited to work as 4 condition of receivinv assistance. DEC - 1 3- 93 MON 1 6; 47 P . em Janos Page 5 ,�NCLU-510 ANb XMING OF FACT a . There was no showing that *Clainan� was unable to..perform major life functicris, and the claim that he drinks too ':Iauch is of itself iniadecquate to neat :the regulatory definition of disability. ClaftanVs testimony showed that ;he retained his facilities sufficiently to play chess, .take the dog for a ruth, and participate in. daily .activities. Thus, - it .4s concluded that he was as well capable.'of performing;Workfare assignment._ His .excuse that he was under stress. during the period- of;tfid two assignments; may show that :he did slot feel like going .to Workfare assignment but it does, not show . that. he was prevented. •from : appearing . for workfare. he . . presented. no 'evidence to . establish• Goad Cause as defined -by. regulation, above, anis his an timony. that he ;1 tas Confused about whethor he . had to appear: . or .:iorC yare in i.ight of his prior. biirfh4 :request was not credible: - That hearing request had been folrlea.don .6/24, after the�tailiires. occurred, and the need to appear ppointments was reviewiad -idth his on 6/261 - .It is concluded that* -failure to appear i"or: worX0kke-- assignment was an intended failure,. :and not the ;resul.t':+of. .3ai.stake,- simple.. neglect, or good.. 'Cause. : .Accordingly, the'County1's proposed action is upheld. Claim denied. e Social- Services Appeals .0ficer Date Appeals Program Mariagor Dat Xf you . are dissatisfied �►f th .-this 4ecicion y+Qu may appeal the �ma.tter directly to the Contra Costa CCounty .Board -of Supervisors.. Appeals must"be filed in writiing with the Clerk.-of the Board; 651 P n. St ;'. Martinez, CA.-.44559.. hppeals must: be filed within fourteen ' (14) days of ` the :�date of this Bviden�tfary ftariog. 6e04 an: xo further aid is paid pending a-'Zoard of Supervisors appeal. LAW OFFICES OF , 7 CONTRA COSTA LEGAL SERVICES FOUNDATION Main Ofte Telephone 1017 Macdonald Avenue West County(5 10)233-9954 P.O.Box 2289 East(510)439-9166 Rkhmond.Calif s"9UM Central(510)372-8209 Fax(510)236846 January 14, 1994 RECEIVED ES-0A.211 8 1994 Clerk of the Board OFSUPjn—=— Contra Costa County C STA 00 RS 651 Pine Street, 11th Floor Martinez, CA 94553 Re: Jess James Board Hearing on GA issue set for 1-25-94 Dear Clerk of the Board: We are submitting the enclosed position statement on behalf of our client, Jess James, for his GA Board Hearing on January 25th. Please process accordingly. Yo*eaovr ery Trul Madriga , kW Paralegal t C.& Q ra M AA, �urJ� wvst� ' LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION '1 Maio Office Telephone 1017 Macdonald Avem a Went County(S10)233-9934 P.O.Box 2289 Eats(S 10)439-9166 Richmond,Cabbruia 94802 Came!(S 10)3724209 Fax(S10)2366846 = BEFORE THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY In the Matter of: Jess James Re: Board Hearing on Termination of GA Benefits and 3 month Period of Ineligibility County No. 07-09-437022-C4FD Date of Hearing Decision: 12-1-93 Statement of Facts This' is an appeal of a hearing decision which found that Mr. James willfully failed, without good cause, to participate in Workfare assignments on 9/23/93 and 9/30/93. He did not keep the appointments because he had received a notice from the Social Services Department that his aid was being terminated for a previous alleged noncompliance and he did not realize he must continue to participant in Workfare while his appeal of the termination was pending. The hearing decision should be set aside on this ground alone. However, in addition, the decision should be set aside because the claimant is disabled, unable to work because of his chronic alcoholism and should be exempt from participation in Workfare. This disability causes Mr. James to drink to the point of drunkenness every day, causes him to be ; confused and lacking in concentration and, sometimes, cause him to blackout. Because of his alcoholism, GAADDS has classified Mr. James as chemically dependent. The Hearing Officer found that Mr. James had not met his "burden" of proving that he is disabled. Mr. James has requested the County Health Department to do an evaluation of the effect of his alcoholism on his mental health. He has been informed by the Health Department that since he is not in "crisis" no mental health evaluation can be performed. Since Mr. James does not have money to pay for a private evaluation, the County Health Services Department decision has left him with no ability to obtain verification of, and treatment for, his mental illness. Statement of the Law The County's failure to provide a mental health examination for Mr. James and then to discontinue his GA because he has failed to prove his disability is a violation of the American's ' With Disabilities Act and also the requirements of state law that i aid shall be administered in a reasonable and humane manner. Further, the denial of a mental evaluation by the County Health Services Department violates the standard of aid under the Basic Adult Care (BAC) program since it provides for 20 outpatient visits of mental health care. The Hearing Decision's finding that Mr. James willfully failed without good cause to participate in Workfare is not supported by the record. Conclusion The decision to terminate Mr. James' GA and impose a three month period of ineligibility should be set aside. Dated: January 14, 1994 Res ectfully Submitted, Eleanor Madrigal, Paralegal a ;ooPM CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: December 15, 1993 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 Jess James Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing by January 11, 1994 plus any information which your department may wish to file for the Board appeal which is set for 2 :30 p.m. on Tuesday, January 18, 1994 . Attachment CC: Board members County Administrator County Counsel The Board of Supervi- :.rs Contra :► Clerk ft eBoa and ,County Administration Building Costa 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 l' '•L �, Sunne Wright McPeak 4th District .ry; ;• Tom Torlakson.5th District _ December 14, 1993 Mr. Jess James P.O. Box 389 Bethel Island, CA 94511 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 :30 p.m. on Tuesday, January 18, 1994 . 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 ' str r 0 By n..Cervelli, Deputy Clerk Enclosure CC: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator Contra Costa Legal Services Foundation 1 e s THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order an Ampst 4,1992 by the following vote: . AYES: Supervisors Fanden. Schroder. Torlakson, McPeak NOES: None ABSENT.. Supervisor Powers ABSTAIN: None ssssssssssesssssssssss:ssessssasssssssssssssssssesss= r 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 2, 1992: Pan 1 Hearings 201. General Assistance applicants shall be given written notice of action to deny an application. 202. 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. 203. 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. 204. Where a GA recipient timely requests a bearing challenging a proposed action which will reduce,suspend or terminate his or her General Assistance grans,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. 205. Hearings will be scbeduled within thirty days of the date of receipt of a request for a bearing. The Appeals Unit will mail a written notice of the hearing to the claimant at least ten days in advance of the Hearing date. 206. When a request for a bearing has been received,the claim may be reviewed and mowed in the claimant's livor by a pre bearing review. (a) Proposed pre bearing resolutions shaD be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 207. 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) hearing is continued at request of the Soda] Service Department. RESOLUTION NUMBER 92/554 E (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) illness which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason.(as approved by the Appeals Manager), 108. Decision (a) A written decision shall be mailed to the claimant within thirty days after the bearing record is dosed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shalt be reviewed and approved by the Appeals Manager and the General Assistaaee 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 Cleric of the Board of Supervisors within fourteen days after the decision has beta 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. 703. 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) U 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 correedve action. 204. Both the appellant and the Department must fig all written materials at feast we week before the date set for the Board bearing.New material must be nerved by mag an the opposing party. 205. (a) Upon hearing the appeal,the Board shall make any required fact determinatioat based on the record on appeal and testimony received by the Board.'ibis record shall include she Department's Hearing Offices fact fundings,plus any papers filed with that Officer. (b) If the frets upon whicb the appeal is based an 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 92/5544 206. • (a) Ogee 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, iansofar as possible,before the Hearing and sball be based on the Department's Hearing Ofacer"s decision and sucb 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 theca at the appeal bearing. U 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 deade an appeal immediately after bearing or tate the appeal under «aatbmissiom Iowa,W t WM"r•taw•+d oa+�at peg►d an wjon titan o+d Vnrw en ww wirAM Of 90 Anss"awind a a RESOLUTION NUMBER 92J n4 12-?3-93 03:40 Ptd FROM CONTRA COSTA LEG!�R'V —� P002/002/F76 LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Malik oir" Te1OPMEW 1017 undo"AVOMW Wet County(510)233.9954 T.d.Boa 3.219 Best(510)439-9166 Riebntoed.Calt[ornk 941(X2 C0111111(510)3n 4x* Fox(510)236.616 December 13, 1993 By Fax Clerk Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 RE: Appeal to the Board J�s a 1n s Gener6i $ssistancB Dear Members of the Hoard: This is to appeal the General Assistance evidentiary hearing decision dated December 1, 1993, which upheld the determination of the Department of Social services to terminate General Assistance benefits for Jess James. Please send a copy of the notice of the Hoard hearing on this appeal to both the claimant and the undersigned. Thank you. Sincerely, Contra Costa Legal Services Foundation 8 • Eleanor Ma r g Paralegal cc: Jess James P.O. Box 389 Bethel Island, CA 94511 I nEC -- 1 :5 'SZ Mor P {� } Social Service Department Post" 4br °'ax`fansm'ns'memo PetfO+Cto V1E1arrea! CostaCt t4, Ca DirQt11N (/'1., Jun1� PltbnoM „ r Fax M • sx •I , Yy 'GENERAL ASSISTANCE EVIDENUARY HEARING DECISION Jess James P.00 Box '389. Bethel Island, CA 94811 County No. : 07 09-437022-C4 FD Notice of Action: 10/11/93; 10/12/93 Effective Date: 10/31/93 Appeal Filing Date: 10/15/93 Aid Paid Pending: Yes Date of Hearing: 11/23/93 Pl;a.oe of hearing: Antioch, California Appeals Officer: Kate Quisenberry County Representative: C. -Dudley Authorited Representatives B. Madrigal, Legal Services Foundation Whether the proposed discontinuance of ,Genera, Assistance for willful failure to participate� in Workfare assignment on 9/23/93 and 9/30/93 is correct. Vlaimant has.been a recipient of General Assistance since 1991 with intermittent breaks in eligi bility. He most recently signed the G40eral . Assistance C'ooperatioh Notice on August 26, 1993 and received : notice of his Workfare assignments. • On 8/26/93 he epupleted.the General Assistance .Health Questionnaire stating that he had no alcohol or medfcal problems. On 9/25/93 he completed the formagain stating that he. used. a 12 .pack of alcohol each day-. He claimed that he had high blood pressure but denied any other health problem. Ife failed to appear for his assignments on 9/23 and 9/30, ' aid failed to contact work programs either prior to or following DEC -.1 3 - 93 mom 1 64 ;4 !5 P . 02 i James Page 2 :the.failures to explain them. Goad Cause was not presented to Work Programs, and the failure was deemed willful:. The three month -,period. of ineligibility . is -based on prior willful failures on 5/26/93" (Job 'Club) and . on 6/2/93 (GA".DS) . He is a mandatory paiticipant in GAADDS. Tha findingof willfulness was based on Claimant's knowledge of the ass. g�ment, an absence of good 'eauze, and a finding that failure to appear was intentional. Pgss IOL Claimant's pagitio» .was that he should be excused from failure to appear.for 'Workfare assignments because he is disabled by alcohol* As evidence of alcoholjsm;' he +cited 'mandatory referral to GAADDS. . He' 'testified he drinks.mastly.bee ! every day, having 4-6 beers each day .and: siometiries takes hard liquor. ' He testified that his normal. . day activities are s :he -wakes, up, has a- beer -and cigarette, and takes: his dog. for a run. He :comes back -and watches the news on T.V. He "bull:shitg".- with- his.' buddies, and watches T.V. in the afternoon. He : "hussels 8 job. every once and a chile". He drinks +lith his buddies, watches:rogtladll, and plays some chess. He drinks so set .mos -inn the aftern' 66 :and evenings. He is in bad at 9:00 p.m ori 10;:00' p.m. . He wakes up 3., or 4 times a night and watches a l.ittle: T.V. to get back to sleep. Sometimes he drinks a beer. He :.was: incarcerated one time for 45 days during which time he did not dr3tck;.but resumed drink .ng upon .his, release because he likes it.. H4.''cliiial'ed hd has 'difficulty in concentration, and gave as an :examplb that his mind.. wQnc ors when he is reading and that when ta.lki.intl- to one person he pay ;` I hiriking .about another person. He cl:ai.m6 that -he -had -bl6ek-outs*occasiona1ly. Testimony. relevant to facts surrounding his Workfare assignment was : Ihat he had been forced out of his apartment on September ! or 2 . . :mid had problems, with'.his .girl .friend who had moved in with .his best :f'rlend. Oe also testified that in light of hit prior appeal he. was' Hart sure whether he�'was: required to appear for workfare. He testified that he tried his .best.. to keep workfare and needed the ffnanca.ai help. He t6ttified.than he had previously denied alcohol abuse; because -he was telling the county what it wanted to hear. He testified that he was having.*Oroblems 9/23-9/30 but that he could handle workfare. No medical evidence of disability was presented in hearing and no chaim` of unemployability was previously presented to the County. lUTH4 XTY= Department Manual Section 49-111,11,8, provides that in accordance with 42 USC section 1213:2 (Subchapter ZZ--Public 'Services) of the SEG — 1 3 -- 93 Mohs is', )* z P 03 James Page 3, Americans with Disabilities Act, ..no qualified individual with a disability ,shall, ,. awn -. T2L i� be excluded from participation in or denied the benefits of the General Assiatance program. . 1: Any failure to comply with the policies or regulations. governing General Assistance, which occurs by reason of a physical or mental impairment that substantially limits one; or .more of the .major life activities of that individual; bk reason of 'a record of such impairment; or -by reason. pf such individual -being regarded as having such an impairment, shall be for good cause and be excused. 2. 'the: burden 'of,proof to. establish that. such failure to comply occurred by reasbn of a disability is on the : .applicant or iecipientt and such showing . nay be rebutted by the Department. DOpartiont Manual Section .49-111,lI,B,3.a, provides that z0ahs,' wYtth, respect - to an .indi;vidual, a physical or mental Impairment that substantially limits one or more of the major life Octiviti es of 'such indi4idual; ' a' 'record of such an impairment; or'' .being regarded �as having such 'izpairment. Department Manual Section 49-113.1Il,B,3,e, provides that the phrase g agt.iv t es ;means. f.unctions such as caring for one's :. *01f', totforming manual tasks, :walking, seeingy nearing, speaking, breathing, learning, and working. Department Manual Section 49w210,II,A,1, provides that an . Wividual. who does not have a medically verified physical -or . meritaV disability, or :.who has not been determined to be anemployable!by the Vocational Counselor, is considered employable. 8nard of Suporvisors- Resolution 192/857 adopted December 15, 1992, Otovides Part 7., Section 703: A :recipient. who fails or refuses to comply. with General; Assistance, Program requirements as expressed in this resolution.or* in- tho Social Service 'Department Manual of Policies and Procedures shall be -discontinued aid and sanctions will be i�posed as follows unless the recipient shows- that the failure"r refusal .to comply was for good .cause. Department Manual section -49-121,IT F12, provides that a recipient who . fails to cooperate with. the: Social service Department by failingto .meet any on*. of his or her enumerated responsibilities irithout good' cause, sha.11 be -di-scontinued aid, 'and sanctions will be imposed as follows= ' a, first failures :+ane month, b. second failure: three months. .r 27EC — 1 aS --93 Mohs 1 6{'.46 M y James Page 4 . c. third failure: six months. Department Manual Section 4.9-1111ZI,G,2, provides that the reasons. wh1ch.-e4tablish good catike for .a failure to cooperate or comply area 6z.b jest: to verification and. .include,. but are not limited to, the following: a. : the failure has ocqurred by reason of a disability under . ,the Americans with'Dis''abiitties Act 1) The- burden of proof to establish that the failure occurred because of a disability is on the applicant 'or: recipient 2) The. applicant/recipient's showing may be. rebutted -by the Department b. .-employment has. been -obtained, C.. scheduled job interview..or. tenting, d. mandatory court appearance, e. . incerceration;' f. illness, g: death in the family, h. .; other substantial .and 'Compelling reason. 'these must be reviewed and -approv►ed .by the Division Manager. f oportment Manual Section 49-311.,II,N,1 providers that a willful act ' 48 one that is .'1nt 1egti4'[Li­or' ',it aut- r�;�onabi.er eXe, s � a ur ,aausU It; n6ed. rot be done with a specific -purpose to violate program requize�ents. . ai. . 'The burden' of. proof :ta.*estabiish good cause, Kbign-D_.,v..— k ;QQ h re xas nQt ' U fni is on ithe..applicant/.recipient. _b. ' .'The Department :isay rebut a{ showing of good cause by Pro that ..the -failvire to :comply was willful, in which case-' the Departm4nt his the-burdan of "proof. -c. to all cases it is presumed;'- subject to 'rebuttal, that the ..ordinary consequences :of the applicant/recipient's . !voluntary acts are -intentional, and thus willful. 1. Willfulness cannot .be found where the person -is mentally -A i�sabied to the extent that ss/he does not. understand his/her responsibilities '.or is incapable of fulfilling them. . Conduct which involves negligence, inadvertence, or disability may:or may not be., willful:,. :a. :Three or more. acts of :negligent failure of the recipient to follow program requirements# which may include acts for which the- recipient previously has been discontinued from aid or sanctioned, evidence willfulness. Department Manual Section 51-501 ,11,8,10, provides that participants in the Workfare Program are requited to work as d rnnAi.tion of receivina assistance. 3DEC- 1Z5 -S25 MON James Page 5 There was no showing that.'Claiva# was unable to..perforw major lift functi6n'i,, and the claim that -he drinks too '-Iauch is of itselfihadaq'uate to neat �the regulatory definition of disability, Cl&imant!s testimony showed, th�t- ;'be retained his facilities Sufficiently to play chess, .:take the .dog for a run., and participate' in. daAlk -activities. : Thus., - ItLs.*concluded that he was as well cipbble *ot performing;Workfare it . His,:i' xquae that he was under s.ttosb during thepiii- 6d:of��,tne two i4sigritentt may show that .-he did riot feel like going to Wbrkfoi assignso .pt but it does not show - thA-. he was ppeveribi6. .6 6m., ippearinq . for workfare. He . Orosentod, no -evidence to eatst lisp -Oood Cause as defined -by, regulation, above, and his' ,. . s0t,...izony. that he :was confused about whethor ho .had to appe4r. ..,,for Viork;- Fare in light of his prig. or nq ;.request was n6t - That hearing request had bo6n filed on :904, after Che -talliieioccurriad, and*the need to appear k6r app6iritiuents was revi4id '-'iil�b�hlm on 8/261 - It is concluded ta!* : assignment was an intended that* fa .lure to appear to:�,` Vo'r. k* re% ass -9n f*ilu.r and not the. itesul#-'6f. Jiiitake; simple.: neglect,. or 0o6d.. Cause. . 'Accordingly, the'Couinty s proposed action is upheld. . Claim denied, Social. Services Appeals .officer nates ........... Appeal s"Viogrim Mahagor Da 1:9 YOU . Are dissatisfied- Vith -t4s :decision yQu may appeal the matter directly to the Cohtka a th Costa County Board -of Supervisors. Akpeals- 'must* be filed in writing with the Clerk.-of the Board, 6$1 Pine st;. ,". MartinQ2, !C4 -4053. :.-' Appeals must, be filed within rpurttep (14) days of ' the:' da�;e -: of- this INIdentiary 81dariog No furth6r aid is paid pending A-Zoard of Supervisors appeal. T 01-14-94 65:47 FH: FROM CONTR COSTA iRG1SRV FGG1:'0GJ, LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Talephooa 1017 Macdonald Avenue was County(510)2334954 P.O.Box 2289 PAa(510)439.9166 Richmond,Califoeiia 94602 Coo"(510)3724209 Fax 010)23"B" TELECOPIER TRANSMISSION COYER MEMORANDUM DATE: TO: ilz� 6L/ FIRM: FAX NO s FROM: do;% r r RE: TOTAL NUMBER OF PAGES (including cover shoot) : COMMENT8: pL DO ONE OR MORE OF THE FOLLOWING: Please deliver immediately to the Recipients Please request the Recipient to telephone the Bender immediately upon receipt and review. Please Dave the Recipient verify receipt by telephone. Original will not follow. Original will follow by (check one of the following) : Regular hail Certified Mail, Return Receipt Requested ..._._ Express Mail Federal Express other: (FOR QUESTIONS CALL: (510) 233-9954) The information contained in this transmission in privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. int Gi-14-94 05:47 Fri FROM CON TRA COSTA IEGT SRY P 0 Vol Ap 1AW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION blain Office Telapham 1017 M"dondd wv m west County(510)2334954 P.O.Box 2299 las(S 1%434=4166 ltlebuWd,CoRl a da MM Central(510)3724209 Fax(S 10)236-4246 BEFORE THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY In the Matter of: Joao James Re: Board Hearing on Termination of GA Benefits and 3 month Period of Ineligibility County No. 07-09-437022--C4FD Date of Hearing Decisions j 12-1-93 r Statement of Facts This is an appeal of a hearing decision which found that Mr. James willfully failed, without good cause, to participate in Workfare assignments on 9/23/93 and 9/30/93. He did not keep the appointments because he had received a notice from the Social Services Department that his aid was being terminated for a previous alleged noncompliance and he did not realize he must continue to participant in Workfare while his appeal of the termination was pending. The hearing decision should be set aside on this ground alone. However, in addition, the decision should be not aside because the claimant is disabled, unable to work because of his chronic alcoholism and should be exempt from participation in Workfare* This disability causes Mr. James to drink to they paint of drunkenness every day, causes him to be confused and lacking in concentration and, sometimes, cause him to blackout. Because of his alcoholism, GAADDS has classified Mr. James as chemically dependent. The Hearing Officer found that Mr. James had not met his "burden" of proving that he is disabled. Mr. James haat requested the County Health Department to do an evaluation of the effect of his alcoholism on his mental health. He has been informed by the Health Department that since he is not in "crisis" no mental health evaluation can be j performed. Since Mr. James does not have money to pay for a private evaluation, the County Health Services Department decision has left him with no ability to obtain verification of, and treatment for, his mental illness. Statement of the Law fwi lura to orovide3 a mental health examination 01-14-94 00.4 il4 FROM CONTRA COSTA i.FGLS V `003/003 /F90 : . . . . . .., . . ., ` 003/003fF90 failed to prove his disability is a violation of the American's With Disabilities Act and also the requirements of state law that aid shall be administered in a reasonable and humane manner. Further, the denial of a mental evaluation by the County Health Services Department violates the standard of aid under the Basic Adult Care (BAC) program since it provides for 24 outpatient visits of mental health oars. The Hearing Decision's finding that Mr. James willfully failed without good cause to participate in Workfare is not su►pport*d by the record. Conclusion The decision to terminate Mr. James' CA and impose a three month period of ineligibility should be set aside. Dated; January 14, 1994 Res ectfully Submitted, Eleanor Madrigal, Paralegal LAW OFFICES OF 4 1 CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 MacdooaW Avenue West County(510)233-9954 P.O.Box 2289 Fast(510)439-9166 Richmond,California 94802 CenW(S10)3724209 Fax(510)236846 January 14, 1994 RECEIVED -A 1 81994 Clerk of the Board ,�„SUpERMORS Contra Costa County "ji- 651 Pine Street, 11th Floor Martinez, CA 94553 Re: Jess James Board Hearing on GA issue set for 1-25-94 Dear Clerk of the Board: We are submitting the enclosed position statement on behalf of our client, Jess James, for his GA Board Hearing on January 25th. Please process accordingly. You s Very Trul ea or Madriga , Paralegal r ugot a+uSG V ' LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION + Main Office Telephone 1017 Macdonald Avenue Was Cc%M(5 10)233-9954 P.O.Box 2289 East(510)4399166 Richmond.Calif we%am Central(510)3724209 Fax(510)2364M BEFORE THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY In the Matter of: Jess James Re: Board Hearing on Termination of GA Benefits and 3 month Period of Ineligibility County No. 07-09-437022-C4FD Date of Hearing Decision: 12-1-93 Statement of Facts This is an appeal of a hearing decision which found that Mr. James willfully failed, without good cause, to participate in Workfare assignments on 9/23/93 and 9/30/93. He did not keep the appointments because he had received a notice from the Social Services Department that his aid was being terminated for a previous alleged noncompliance and he did not realize he must continue to participant in Workfare while his appeal of the termination was pending. The hearing decision should be set aside on this ground alone. However, in addition, the decision should be set aside because the claimant is disabled, unable to work because of his chronic alcoholism and should be exempt from participation in Workfare. This disability causes Mr. James to drink to the .point of drunkenness every day, causes him to be , confused and lacking in concentration and, sometimes, cause him to blackout. Because of his alcoholism, GAADDS has classified Mr. James as chemically dependent. The Hearing Officer found that Mr. James had not met his "burden" of proving that he is disabled. Mr. James has requested the County Health Department to do an evaluation of the effect of his alcoholism on his mental health. He has been informed by the Health Department that since he is not in "crisis" no mental health evaluation can be performed. Since Mr. James does not have money to pay for a private evaluation, the County Health Services Department decision has left him with no ability to obtain verification of, and treatment for, his mental illness. Statement of the Law The County's failure to provide a mental health examination for Mr. James and then to discontinue his GA because he has ' � failed to prove his disability is a violation of the American's With Disabilities Act and also the requirements of state law that I aid shall be administered in a reasonable and humane manner. Further, the denial of a mental evaluation by the County Health Services Department violates the standard of aid under the Basic Adult Care (BAC) program since it provides for 20 outpatient visits of mental health care. The Hearing Decisionfs finding that Mr. James willfully failed without good cause to participate in Workfare is not supported by the record. Conclusion The decision to terminate Mr. James' GA and impose a three month period of ineligibility should be set aside. Dated: January 14, 1994 ;Res ectfullySubmitted, Eleanor Madrigal, Paralegal f 1. LAW OFFICES OF N CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue West County(510)233-9954 P.O.Box 2289 East(510)439-9166 Richmond,California 94802 Central(510)372-8209 Fax(510)236-6846 January 14, 1994 RECEIVED JAN 18 1994 Clerk of the Boardago gin Contra Costa County i- � MONA 651 Pine Street, 114%-.h Floor Martinez, CA 94553 Re: Jess James Board Hearing on GA issue set for 1-25-94 Dear Clerk of the Board: We are submitting the enclosed position statement on behalf of our client, Jess James, for his GA Board Hearing on January 25th. Please process accordingly. Xeanor ery Trul Madriga , Paralegal LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue West County(510)233-9954 P.O.Box 2289 East(510)439-9166 Richmond,California 94802 Central(510)372-8209 Fax(510)236-6846 BEFORE THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY In the Matter of: Jess James Re: Board Hearing on Termination of GA Benefits and 3 month Period of Ineligibility County No. 07-09-437022-C4FD Date of Hearing Decision: 12-1-93 Statement of Facts This is an appeal of a hearing decision which found that Mr. James willfully failed, without good cause, to participate in Workfare assignments on 9/23/93 and 9/30/93 . He did not keep the appointments because he had received a notice from the Social Services Department that his aid was being terminated for a previous alleged noncompliance and he did not realize he must continue to participant in Workfare while his appeal of the termination was pending. The hearing decision should be set aside on this ground alone. However, in addition, the decision should be set aside because the claimant is disabled., unable to work because of his chronic alcoholism and should be exempt from participation in Workfare. This disability causes Mr. James to . drink to the point of drunkenness every day, causes him to be confused and lacking in concentration and, sometimes, cause him to blackout. Because of his alcoholism, GAADDS has classified Mr. James as chemically dependent. The Hearing Officer found that Mr. James had not met his "burden" of proving that he is disabled. Mr. James has requested the County Health Department to do an evaluation of the effect of his alcoholism on his mental health. He has been informed by the Health Department that since he is not in "crisis" no mental health evaluation can be performed. Since Mr. James does not have money to pay for a private evaluation, the County Health Services Department decision has left him with no ability to obtain verification of, and treatment for, his mental illness. Statement of the Law The County's failure to provide a mental health examination for Mr. James and then to discontinue his GA because he has failed to prove his disability is a violation of the American's With Disabilities Act and also the requirements of state law that aid shall be administered in a reasonable and humane manner. Further, the denial of a mental evaluation by the County Health Services Department violates the standard of aid under the Basic Adult Care (BAC) program since it provides for 20 outpatient visits of mental health care. The Hearing Decision's finding that Mr. James willfully failed without good cause to participate in Workfare is not supported by the record. Conclusion The decision to terminate Mr. James' GA and impose a three month period of ineligibility should be set aside. Dated: January 14, 1994 ;Res ectfully Submitted, Eleanor Madrigal, Paralegal T. 77 LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main office Telephone 1017 Macdonald Avenue Won County(510)233-9954 P.O. Box 2299 East(5 10)439-9166 Richmond,California 94902 Central(5 10)372-9209 Fax(5 10)236-6846 TELECOPIRR TRANOXXOSION COVER XZKORANDUK DATE: 2 l el TO IC-P FIRM. PAZ NO". -7 ON FROM: RE: TOTAL NUMBER OF PAG (including cover shoot) : COMMENTS: L 1911 DO ONE OR MORE OP THE FOLLOWING: ., Please deliver immediately to the Recipient. Please request the Recipient to telephone the Sander immediately upon receipt and review. Please have the Reeipient verify receipt by telephone. Original will. not follow. original will follow by . (check one of the following) &. Regular Mail Certified Mail, Return Receipt Requested Express Mail Federal Express other: (FOR QUESTXONS CALL: (510) 233-9954) p L.E LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main OMC* Te4how 1017 Macdonald Avento Went Cooney(5 10)233-9954 P.O.BOX 2299 Bell(SIO)439-9166 Richmond.Callfwula 94802 Central(510)372-8209 Fax(510)236-6946 February 14, 1994 Sent by Fax on 2-14-94 646-1059 Original Hand Delivered on 2-15-94 a.m. BEFORE THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY In the Matter of: Jazz James Re: Board Hearing on Termination of GA Benefits and Three Month Period of Ineligibility County No, 07-09-437022-C4FD Date of Hearing Decision: 12-1-93 Board Appeal: 2-15-94 I. STATEMENT OF FACTS This is an appeal of a hearing decision which found that Mr. Jess James willfully failed, without good cause, to participate in Workfare assignments on 9-23-93 and 9-30-93. A Board hearing in the matter was initially set for 1-18-94. However, County appeals staff continued the hearing in order to allow time for Mr. James to undergo a Psychiatric evaluation through County Mental Health Services in order to determine whether he is disabled by alcoholism. Mr. James had previously attempted to got an evaluation through the County Mental Health Services but was turned away because he 'was not in a "crisis". Upon intervention by County Counsel, Mr. James was allowed to a Psychiatric Evaluation through Cunty Mental Health Services. A new Board Hearing in the matter was set for 1-25-94. However, after review of the Psychiatric Evaluation prepared by County Mental Health staff, Mr. James Representative asked for and received, a continuance of the hearing for the purpose of obtaining a more detailed evaluation of Mr. James disability. Consequently, a new Board Hearing was scheduled for 2-8-94. However, by letter to Mr. James dated 2-3-94, the county informed him that his Board Hearing of 2-8-94 was rescheduled for 2-15-94. The County Appeals staff allowed until 2-14-94 for submittal of evidence and a position statement by Mr. jamew representative. I 4 ._• _�1 ��G . .�'l �•+t',_41i I. _. 1,t a _ '•' .1 Y IT 1 I�4_�.. , As presented in a prior statement to the Board of Supervisor's on 1-14-94, by his representative, Mr. James did not keep the Workfare appointments of 9-23-94 and 9-30-93 because he had received a notice form the Department of Social Services (DSS) that his aid was being terminated for a previous alleged non -compliance. He did not realize that he must continue to participate in Workfare while his appeal, of the termination was pending. For this reason alone, the hearing decision should be set aside. In the alternative, the decision should be set aside because James is disabled by alcoholism and should be exempt from participation in workfare. This disability causes Mr. James to drink to the point of drunkeness each day, resulting in confusion and lack of concentration, and at times, results in his having black outs. GAADS has classified Mr. James as chemically dependent due to his alcoholism. The hearing officer found that Mr. James had not not his "burden" of proving that he is disabled and that his testimony about being confused about a prior hearing request was not credible. We maintain he failed due to good cause per ADA rules. IX. STATEMENT OF THE LAW Department Manual Section 49-111,11,0,@, provides that the reasons which establish good cause for a failure to cooperate or comply are subject to verification and include, but are not limited to, the following: a. The failure has occurred by reason of a disability under the Americans with Disabilities Act 1. The burden of proof to establish that the failure occurred because of a disability is on the applicant or recipient 2. The applicant/recipientfs showing may be rebutted by the Department b. employment has been obtained, c. scheduled job interview of testing, d. mandatory court appearance, e. incarceration, f. illness, g. death in the family, h. other substantial and compelling reason. These must be reviewed and approved by the Division Manager. Department Manual Section 4+9-111, 11,H,1 provides that a willfull act is one that is intentional „orr, Without reasonable excuse or CBuse: It need not be done with a specific purpose to violate program requirements. a. The burden of proof to establish good cause, which may Inc.luds Rr02Z—thj he fa i 1 ure was .not wii l i tul, is on the applicant/recipient. b. The Department may rebut a showing of good cause by proving that the failure to comply was willful, in which case the Department has the burden of proof. e. In all cases it is presumed, subject to rebuttal, that the ordinary consequences of the applieantjreceipient'as voluntary acts are intentional are intentional, and thus willful. 2. 2. Willfulness cannot be be found where the person is mentally disabled to the extent that s/he does not .understand his/her responsibilities or is incapable of fulfilling them. i 3. Conduct which involves negligence, inadvertence, or disability may or may not be willful. a. Three or more acts of negligent failure of the recipient to follow program requirements, which may include acts for which the recipient previously has been discontinued from aid or sanctioned, evidence willfullness. Hoard of Supervisors Resolution #92/857 (Part 7, section 703) adopted 12-15--92, provides: A recipient who fails or refuses to comply with General Assistance Program Requirements as expressed in this resolution or in the Social Service Department Manual of Policies and Procedures whall be discontinued aid and sanctions witll be imposed as follows unless the recipient shows that the failure or .refusal to comply was for good cause. Department Manual Section 49-111,11,H, 3,a. provides that Disability means, with respect to an individual, a physical or mental impairment that substantially limit's one or more of the major life activities of such individuals a record of such an impairments or being regarded a having such impairment. ' Depa Department Manual Section 49-111, 11,H, 3,e. provides that the phrase major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing learning, and working. 42 Usc, Section 12101 states that they Americans With Disability Act (ADA) is intended "to provide [a) clear and comprehensive mandate for the elimination of discrimination against individuals with disabilities" . The ADA continues the three test definition of disability used in the Rehabilitation ACt of 1973. The tests are: 1. A physical or mental impairment substantially limiting one or more major life activities (The impairment must substantially limit a major life activity) . 2. Record of a physical or mental impairment. (this test provides protection for an individual whopreviounly had an- impairment . . . . 3. Seine regarded as having a physicial or mental impairment that substantially limits a major life activity (this addresses concerns aboutattitudes of others, safety, and liability, etc. ) (rehabilitation Act of 1973, P.L. 98. 112, 29 USC Section 791, et seq. The, third test requires an individual assessment based on reasonable judgment, relying on current medical knowledge or the best available objective must be made to ascertain: a. The nature, duration, and severity of impairment(s) , b. the probability of risk of injury, 3 r rc C. Whether risk can be mitigated by reasonable modifications of policies, practices orprocedures. III. ARGUMENTS ,i, Tjje pItterMination Should Be Reversed or Terms Non- Wi1 !fU > AS the claimant had ggod caa e. First, Mr. James had good cause for missing Workfare appointments on 9-23-93 and 9-30-93 and did not willfully fail to follow program requirements. As he testified at his hearing, ' he believed he no longer had to attend the appointments because his aid was being terminated for a prior alleged non-compliance. He stated he did not know that he had to continue to participate in Workfare while his appeal of that action was: pending. The ( Hearing officer's reason for finding that Mr. James willfully failed to comply with program requirements was that the- need to appear for appointments was reviewed with hien on 8-26, before he filed for his hearing on 9-24 on the prior failure. The hearing officer failed to consider that although Mr. James filed for a hearing on the prior failure, he still had a GA termination looming and for this reason believed that he did not have to keep future Workfare appointments. The hearing officer stated that Mr. James explanation regarding his understanding about keeping future Workfare appointments pending a GA termination, 'was not credible. All medical and mental evaluation" reports submitted to date do not indicate that Mr. James is someone who has difficulty with telling the truth (See enclosed Pittsburg Health Center records of 3-8-93, 1-24-94 and 1-31-94, Psychiatric. Evaluation by Daren Pratt, M.A MFCC dated 1-24-94, Psychological Evaluation by Beverly- Ballard Ph.D, dated 2-10-941) Additionally, it is conceivable that due to the effects of alcoholism, Mr. James didn't understand about keeping future Workfare: appointments pending a termination of GA benefits. For this reason alone the decision should be seat aside. si n Sanction l ReyAriiesl As The y� �('!'� iC d t P .tiara Secondly, the decision must be set aside because Mr. Fames is disabled and unable to work due to ailooholism. nue to his continuing disability, Mr. James should be exempt from participation in Work Programs. A 1-24-94 psychiatric evaluation of Mr. James by Karen Pratt, a Marital and Family Counselor with the County Mental Health Services, fails to fully address the extent of Mr. James disability due to alcoholism. In addition, the report doers not assess the severity of an existing personality disorder. No formal testing was performed for the evaluation. Thus, the evaluation does not adequately assess the severity of Mr_ J'amee disability. in addition, the report does not fully explore Mr. James past work performance. He told the examiner that he used drugs and alcohol on all jobs he's had, but there was no assessment of how his use affected his job performance. 4. : :l{':%.. '_.-. Ltti �r F. Thus, it in unclear how Ms. PrattO's conclusion that Mr. .Jsmes "ability to hold a job seems unaffected even in light of his current alcohol problems" was arrived at. There is no evidence to support this conclusion. To the contrary, Mr. James Work Programs records (see copies of Work Program records attached) reveal dates when he did not attend, arrived tardy, or arrived drunk to his appointed job site. In addition, the records reflect that in one instance, he had a clash with a supervisor while at a job site, which resulted in her requesting that he not be not be sent back to that particular job site because of a "Had attitude". In her 2-1.0-94 evaluation of Mr. James, Beverly Ballard, Ph.0, conducted .formal tests. In her report, Dr. Ballard states that although Mr. James falls in the high and of the borderline intellectual range in verbal and full scale IQ testing, . . "It is likely that he functions in the low average range and these scales reflect poor aquisitation of verbal skills, particularly, since he started drinking at age 8. 1! She Further states that he "exhibits memory problems often associated with chronic alcohol abuse". She adds that "he falls in the lath age percentile an these scores reflecting that 90% of individuals in his age range do better than he',. Upon administration of the MMPI, a test to determine the existence of a personality disorder, Dr. Ballard states that the evaluation presented a "cry for help profile". She further stated that "the prefile evaluations reveal a chronic tendency toward schizoidal withdrawal, social seclusion, and depression. " She added that "individuals with this profile have poor, daptive skills for their lack of confidence, insecurity and ieelings of social inadequacy", and -she also states that "he managed to work steadily until, age 22 despite his alcohol reliance, but his work history has been intermittent since that time." Dr. Ballard concludes that Mr. James "has a substance abuse disorder, characterized by regular use of alcohol" Additionally, she states that "He shows some mild signs of congnitive impairment based on alcohol use. This is manifested by slow motor performance, and motor learning tasks, ability to sustain attention to tasks (distractibility) , decreased ability to learn complex verbal tasks, and impaired ability to maintain new information into intermediate memory. She further states that "he is deprassed ' in mood, has marked restriction of daily activities of daily living and difficult maintaining social Functioning", and that Mr. James cognitive deficit along with an attention deficit disorder and early use of alcohol "are going to affect his reliability, dependability and performance". With regard to risk of injury, Dr. Ballard states that "Hee fall off a roof in the pant, while under the influence of substances, and he readily admits "being stoned" on all his jobs". An individual assessment based on rea .3onable judgment, relying on current medical knowledge or th,: best available objective must be made to ascertain: a. The nature, duration, and severity of impairment(s) , b. the probability of risk or of injurer if Jess James is required to participate in GA-employable activities, (unlike GAADS meetings which are unrelated 'n this .case 'and appeal) , and 5. LH`L:'.st i C. whether his medical and/or mental impairments by 1 reasonable modification of CCC/DSS-GA Workfare policies, , practices or procedures can be provided by -auxilliary aides or services.' Sy this appeal, we ^formally request. that thO county review his records of disabilities for a 4*tormination that he is By conducting an individual assessment as outlined above, it must be found that Jess James is an unemployable man due to alcoholism. Mr. James began drinking at age eight. He admits .to drinking "anything" including anywhere- from a "six pack of beer to a pint of hard liquor a day's. Medical records from the Pittsburg Health Clinic and recent mental evaluations support the a finding of a disabling impairment due to alcoholism. claimant's impairment of apparent that Mr. James continued use of alcohol has affected his ability to maintain steady employment, and to comply- with GA work Program requirements. Because of his substance abuse, hes is an active participant in the General Assistance GAADS Program (verified in GAADS recordis) However, his participation in the GAADS program in no way implies that he has the capacity to participate in Work Programs. GAADS meetings are not comparable to working an eight hour day. It is apparent that the county cannot accomodate an "employable" alcoholic such as Mr. James. He is so disabled by alcoholism that it limits his ability 'to perform in a work setting. In addition, Mr. James has.a personality disorder, attention deficit disorder, impaired -social functioning, depression, and memory problems, all compounded by his alcoholism. Mr. James has applied for Supplemental Security Income Benefits (SS?) due to- his disabling impairment. (For further reference to vocational implications of alcoholism, see attached section on alcoholism from the U.S. department of Rehabilitation Services Administration's Handbook of Severe ZAP; Disability - 1981 edition - current) . ' -4:x. The risk of injury to Mr. James is serious enough when one 4�{ considers the fact that on the days when does attend Werk Programs appointments, he has already con. .mad alcohol. He , testified that he drinks every morning. Tnis in itself puts him at serious risk of injury in his daily performance of work 1�}„ �. related activities. His judgment, concentration, and insight are already impaired upon his arrival to a job site.All !; s: It is reasonble to conclude, on the basin of Dr. Ballard's x� report, that if Mr. James were to continue in Work Programs, he is at risk for injury to himself, and possibly those around him. x� j. The evidence supports the claimant's position that he lacks the capacity to participate in Work Programs due to a disabling A' ,. a impairment. R. 6. . „ f_{ t1Yf 1. 15T1:a 5 j». I E'JL::t' 4°•j: IV. CONCLUSION, ;P CCLSF requests that the Board of Suparvisors comply with ; A' their own Board order, #{92/857; and with county and Federal Law. + RESPECTFULLY SUBMITTED, ". CONTRA COSTA LEGAL SERVICES FOUNDATION Eleanor Madrigal, Paralegal s" ~t W. 3- t 4sfi 't�. t i, 7. r • IPPWI:� i Z 4 Fr i�iwr."i. I MT t.t-V AU ..-;.AF ......... • Put.; V, "'M.- . %. W A • . ..... X -All A 2 .YA, G&L_ JAINIL C2 T Gffff 0 ND 51= r*9 4 ik` ! .20 Tv % A, Cont uridation Conga Costay. '1017 Mac 7. donald Avenue P.O. Box '2289'.''.: .. Richmond, Ca, 94802 ' Attentiont,...Eleanor Madrigal.... Paralegal .3 Re: Jess .James Jpsychological Evaluition i'L'.:.Fog SEp 'd liy- le ea 0 ig' al, jSRg&.j As Processing- Mr. James appeal- for res (GA) She requested. a. psychological evaluatI.oii&41th'. psychologica -: testing to ascertain the extent,,' effects,, cons"in" u6ncesiv. and ­proqno61 of his substance use, outlining 10.-sp icl tic qu Is p t L a ni':Uh.1.ch...w 11.1 -addressed In the body of ' the report. -to a 35 year old male who was terminated pzg TN9jjj DATA: Jess -James from 'GA benefits of $300 per month after allegedly falling to attend two ' work fare appointments, 9/23 & 9/30/93. Mr . James did not attend those two sessions . because he had reportedly received a termination notice for a previous . alleged noncompliance and because he was appealing that termination, he thought he was exempt from work fare. That decision Is being -appealed on this basis, but in addition, there is a questjon about the relationship between his regular alcohol use and his behavior and how that might affect ,his participation In GA work program. Jess James appeared on time on 2/03/94 and. completod a clinical interview with- personal history and six test instruments. TzATfi ' ADjj1_NIST9RjjR# Trails A a B, from .Halstead Neuropsych Battery e i. Wechsler Adult Intelligence Scale-Revised (WAIS-R) Wechsler Memory Scale-Revised (WHS-R) Controlled oral Word Association Test (COWAT) Bendor-Gestalt,'.(BG) - - Minnesota Multiphasic Personality Inventory, Revised (MMP1 OBSZSXATIOt1s ANp 33ST &AH"LU "Q__ MENT&__STUU8 ZX"jNATj= mess James. In a medium-built, 35 tear old, caucasian male who dressed In a flannel shirt, Jeans and ware a cap on hio' head. He was adequately groomed with a board# mustache and nape-length curly hair . His affect was pleasant and honest, and his mood was anxious. His speech was-:-; icbh4rent ' and thore :was no evidence of hallucifietions.. delusions 4. or., ,a :' thought disorder'." -,--, He did not appear under*- the - influence of intoxicants, Although -.heL did report that he had 'had a "bourbon ands . coke and a beer" that-, S:'ivorning. There was no evidence -of mallngerinO�rll. -and.':-!' he'-' -appeared td­--`Ao* hi "beat an the test protoizols. He, had some -.- .(. fs :difficulty rememberLn:g ..details of his -history;-' and noted -that hDs.,::--. rshoxt-term memory -As shot" ,-1- gq 17.i - a r%iK1.11 - # �Iv�lri j i�:Lti:.s `k :. P. e2 . �.r y • r . rR4.rRr a R i.4 {Aj N AND HONORS f 1980t ilP. H r Da CALIFORNIA *LIynRNIA 8CH QQL OF PROFESSIONAL OFFS IONrL PS CH MOGY BERKELEY Y Californias State Fellow, clinical Psyehoiogy, 197$-1980 19756 S.A. - SAN FRANCISCO STATE UNIVERSITY - OuMma CUM laudO Psychology Major - San Franclsoo, California CURRENT p�> 9� 8k, axpuRi RCt:, . ` BIHC$s 19$3- CONSULTING CLINICAL PSYCHOLOGIOT AND MEDICAL STAFF MEMBER MexrLthew Memorial Hoopital, Martinez, Ca "DIAGNOSTIC EVALUATIM and psychological treatment of medical- patients . "CONSULTATION AND *LIAISON to Physicians and Inter- dieciplinary staff regarding- behavioral management and therapeutic interventions of medical patients. '"BR137 PSYCHOTHERAPY .with patients and their families with anxious or depressive adjustments to, health disorders, l i Eee-threateen Ing or disabling diagnoses, ";. "NEUROPSYCHOLOGICAL ASSROSMUTS of brain-injury with _r 4 cognitive rehabilitation treatment recommendations; family and patient interventions and follow-up, "'CHRONIC PAIN CLINIC COORDINATOR providing asssesssmant, multi- disciplinary group treatment and consultation to primary physicians . " GROUP FACILITATOR FOR CHRONIC PAIN, wellness, cancer and a :. disability and cardiac rehabilitation. "MCHIATRIC EMERGENCY assessments, . crisis Inte6trvention, admissions, Involuntary held$, family interventionW.M. '% alcohol and drug treatment, community .liaison, ' "FACULTY MEMBER of Family PxaetlCe Medical Residency FrQgtdm! :. "OUP2R'V'ISION of doctoral interne . : . 1979 PRIVATE PRACTICS 2340 Ward St . ' #105, Aetk eley, Ca. 3399 Mt .Diablo Blvd, 21.00 Lafayette, Ca . -BRIEF THBRAPY with lndivlduals, couples, and families ! "NEUROpSYCNOLOt6lGAL and psychological Assessments . 1900- ADJUNCTIVE FACULTY-CALIFORNIA SCHOOL Of PROFESSIONAL PSYCHOLOQY ;.1.,4 "'CLINICAL SUPERVISOR of doctoral interns, of first year Interviewing 'techniques students, and teaks member of Clinical Proficiency Performance Review evaluators . 1983- CONSULTING- EXAMINER- SOCIAL SERVICE ADMINISTRATION "DISABILITY EVALUATION$ for, Federal social service disability 1985- COMMISSIONOR - PSYCHOLOGICAL EXAMINING COMMITTER, SACRAMENTO ' wORAL EXAMINER for California State P%y' chology triceInsure: S. r S.. 1987- NEUROPBYCHOLOGI BT CONTRA COSTA HEALTH PLAN 4-9.q pAi�VY OL1�. paprafiP Y dN&-fi EXUX Y 'N 1.979-83: CLIN%CAL PSYCHOLOGIST - ACUTE PSYCHIATRIC SERVICES "TRAM LEADER with direct clinical caseload and clinical , and administrative Supervision of case 488ignment/ management/ disposition by team members . "DIAGN09TICS/TRRATMENTPLANS on admission and discharge. "ARItp PSYCHOTHERAPY with individuatls/Compl*s/fam1lios with a wider--range of psychiatric diagnoses. "CONSULTATION for psychopharmacology, and with community resources for discharge continuity of care. "GROUP PSYCHOTHERAPY three time$ weekly. `PSYCHOLOGICAL ASSESSMENTI and reports . -ADMINISTRATIVE reports/program planning/staff development "SUPERVISION Of pro-doctoral interns. "FORENSICS tot Conservatorships, patients' rights, legalities of involuntary W a I/jail, holds a Madi-Cetl.• 1976-79 t PStYCHOLOOY INURN - COMMUNITY MENTAL HEALTH, MARTIN$Zf CA. "BRIEV AND LONG-TRRM THERAPY,ind ividuals/couple$/farm l ire. ftGROUP TREATMENT for weekly women's depression group. "FAMILY THERAPY of identified high=risk pediatric Cases . msupzRVIBION of medical resideent . in family ca—therapy. 1.977-761 PSYCHOLOGY INTERN PSYCHIATRIC EMERGENCY a CRISIS S$RVICZ§ "COMPREHRNSIVB ASSESSMENTS of crisis cli4nt8, Involuntary and voluntary, drug/alcohol brain syndromes, organic: and personality disozdars, suicidal/homicidal behavior children through geriatrics in life crises . "CRISIS INTERVENTIONS in brief model, and inpatient admits "PSYCHOLOGICAL TESTING and reports. 197+6-77: PSYCHOLOGY MASTERS TRAINEE - Alameda mental Health Clinic "INTAK*- " 18RSSMENT6, droll-in etvaluations/trle:phonei intakes "BRIEF Te:;YCHOTHERAPY with individuals/Couple:slfamilie$ . '*PSYCHOLOGICAL TESTING and reports . 1974-761 AREA COORDINATOR - PARENTAL STRESS SERVICES - OAKLAND "CHILD ABUSE P'RRVRNTION 24 HOUR CRISIS HOTLINS CAS'EWORK MANAGBMENT of 300 monthly telephone crisis calls "ADMINIBTRATIVZ scheduling and case assignment to 40 para- professionals, with follow-up consultation, training, and case conferrencetS . '"CRISIS INTZRV'ENTION/BRIXF THERAPY, in-home assessment$ and intervention with high-risk families of Violence. "GROUP THERAPY weekly for. high-risk -parents. 1915.791 GROUP SACILITATOR/INSTRUCTOR - parenting Class for high-rLak patent* funded by Adult Schoen Education and liaiaoned with Alameda Mental Health , N0206P FACILITATOR - 4 year weekly group focused on commun- Ication skills, role expectations, value systems, parent-child conflicts, single-parenting, interpersonal problem-salving, military role and community resources . •r- -� 1� "� it • n. •,j5r-� . UU BEVERLY BALLARD, PH.D. PACE 3 RI M 981ONAL—RRLATSD WORK Kx22RIRNg>d 1.975-78 t ADULT SCHOOL INSTRUCTOR - L§A.M Paging Women 1974-75: COLLEGE OF ALAMEDA CO-INSTRUCTOR - k2yA aLd Marriags 1973--74: WOMEN'S HISTORY RX99ARCH CENTER - Berkelsyj Ca. "Compilation/Microfilming of Women's Movement/Bookkesper 1955-73: FULL-TIME PARENT/PART-TIME SECRETARY RESIDENTIAL EXPERIENCE IN JAPAMMIDWEMSOUTH-URBAN AND RURAL L"-III+i�UN„�Y�°ELAS, en E P FSR I EDGE 1976 OTHS BATTERED WIFE" PANEL MEMStR -- College of Alameda "Collaboration/development of legal diversionary program. 1975 "NON-ADVERSARY DIVORCE PANEL MEMBER Berkeley Counselling Center with Judge Avakian/Dr, terry Smith/Atty Evlyn RIO* 197677 : ALAMEDA SOCIAL SERVICE BOARD MEMBER . 191S-76t ALAMEDA EARLY CNILDROOD EDUCATION ADVISORY IOARD MEMBER 1915-76: ALAMEDA ADVIGORY COHNITTRE-High School Community Job-training 1973-841 K.O.P.E. MEMBER - Housing diacrimination advocacy/testcoses . 19701 ALAMEDA MASTER PLAN FOR EDUCATION MEMBER Pz*1970 t DIRECTOR AND COUNSELOR OF VKRIOUS' YOUTH CAMPS - Michigan B59SAgCH KIRIBI&M 19801 DISSERTATION - 9ak1$ act .g0_,jnrJi1oj j1�E+nt og S tmle Rilropt i dgthSX_g �a jun <Uin o Sex Role Qr j1j1.tat!gn and e iil- Ifs wa u 1977: MASTER THESIS - Advantages Sa/ QlgaYdai1agkAgn ilk. Pare:n ina. 19751 APA PRESENTATION w k1gohol. Abl1Sr, L1 w.4mfiJ1 1976-77: "Piaget Conceptual and Conservation masks of 5/6 Year Olds" "Piaget Interview on Magical Thoughts and Dreams of Children" "Learning Disabilities of a Six Year Old" "Dzeam Analysis of a Five Year Old Child" 1975-80 t CALIFORNIA STATE GRADUATE FELLOWSHIP 19741 BUSINESS AND PROFESSIONAL WOMEN'$ SCHOLARSHIP 1970: HONORS SCHOLARSHIP - strand Valley State College, Michigan VALEDICTORIAN - Wayne Memorial High school, Michigan PR,.9KNIg1.UAL• MILUMOKILL American/California/Contra Costa/Alameda County Psychological Association Memberships American Academy of pain Management Department of Psychiatry and Psychology - Merrithew Hospital Medical Staff Member - Merrithew Hoopitai, other$ pending Cn�r_i' t-= 1.9821 CALIFORNIA PSYCHOLOGY LICENSE PSY 7435 19791 CALIFORNIA MARRIAQUr FAMILY, CH2LD COUNBUL luG LICUMNS M-13712 1977: CALIFORNIA LIFE CREDENTIAL-COMMUNITY COLLEGE COUNSELOR AND INSTRUCTOR IN PSYCHOLOGY 19751 CALIFORNIA LIFE CRE'DEN'TIAL - ADULT SCHOOL INSTRUCTOR of English, Psychology, Huma tinea, DECLARATION OF CUSTODIAN OF MEDICAL RECORDS F AND CLINICS K. C1VLenggr'_MRT ICusrovrAN OF MEWIAL RE00FOM REPLY TO: RE: James, Jesa ❑ MERRIrHEw mEMORLAL MEDICAL RECORD#. 57-00-55-4. HOSPITAL AND HEALTH C011111h says as follows: Medical Records 2500 Alhambra Avenue That the declarant is the duly authorized Custodian of Medical Records of Contra Costa Martinez,CA 94553 County Health Services and has authority to certify said records and, r (510)370.52M ❑ That the Medical Records are all the records described in the,subpoena duces tecum as Indicated below and have been released for documentation on microfilm ❑ BRENTWOOD to the deposition notary HEALTH CENTER: - - - Medical Records ❑ That the ❑ original ❑ copy of the Medical Records attached to this Declaration 118 Oak Street are all the records described in the subpoena duces tecum as indicated below: Brentwood.CA 94513 (510)6 1102 ❑ That the Medical Records are all the records described in the request as indicated below.and have been released for documentation on microfilm to the deposition ® PITTSBURG notary ----- HEALTH CENTER; ® That the copies of the original Medical Records attached to this declaration are all Medical Records the records described in the request as indicated below: 550 School Street Pittsburg,CA 94565 []x no exceptions. 1510)427-8077 ❑ axcApt those portions of the record which come under the provisions of Section 5328 of the Welfare and Institutions Code. ❑'RICHMOND 4 HEALTH CENTER; ❑ which by law are permitted to be disclosed, Medical Records ❑ 38th a Bissell other exceptions. Richmond.CA 94805 ❑ Billing information will follow under separate cover. (510)374.3071 ❑ X-Rays will follow under separate cover. ❑ CONCORD That the records were completed by the personnel of the Health Services, staff HEALTH CENTER` physicians, or persons acting under the control of either, in the ordinary course of Medical Records hospital business at or near the time of the act,condition or event. 3052 Willow Pass Road Concord,CA 94519 I declare under penalty of perjury that the foregoing is true and correct. (510)616.5506 ❑ OTHERt 73 ISIGNAY4 OF OCCLAROM Date: --11281 ga at ,California. NOTE:This report is strictly Confidential and 1.s for the Information only on the Person to whom It Is addreesed.Nobe - accepted N it is made ev-"P - person,INCLUDING TN:PAnll?NfN . MF1 tete 14100 Contra Costa County _Ir CONTRA COSTA COUNTY..`HEALTH SERVICES .MERltITHEW MEMORIAL HOSPITAL. An- CLINICS - - Pn*TSBYRO HEALTH%CENTER * . , $301 43 e OUTPATIENT-NOTES •4...-_ , . r Bate Patient ID• Page �£ MAR 0 01993 U AG NT CARE:. - A" a�s s �•~ :a anc I0/I��.19�8 hh• , 1�,lr�., . M2 �9� (yy ry-0.0 0 4v 1 Lc i A 0 -1.1 61W �IA V- r • +.. f MR-3.PHC (11«$65 (Side' 1 ; F:. �M �:.Ji'+T 'f "i Lt ea q'' ;lc.,;�, . .... 01c494 Pi88s �n *� CONTRA COSTA COUNTY HEALTH SERVICES.:..". ,°. 'r t177 1.111 1pllprm = ,.HEItRITHW MEMORIAL HOSPITAL AND CLINICS 4 JA PIES DESS i .•. PITTSBURG HEALTH CENTER - M . 10/17/1958 510 684-9572 OUTPATIENT NOTES - o o s 1 o o s 5-4 AO ::. U-ate.;-:. •..�. Patient ID Pdg'PT # y Practice....-. ,�x I Ck • + ._ ��7 iia M•rr y��l�p Y,•, i ~RJr•• ' O KA cote $0 Ile *20 .sur' � ••�. . -.� • ;r •i A 1 1 `vr�-ria ■ -• �/ . �f`+ MR-1-PKC (11-86), (Side 1) II%-1.—� il: I• -,'j LQ Ili: CONTRA COSTA MUN%Y EAILTHi E900f l - 012494 Pr . TS 10 MERRITHEW MEMORIAL HOSPITAL -AND CLINICS PITTSBURG HEALTH CENTER •,� ; ,. JAnEg JL SS y 101?/1958 510 68+x- 95?2. . . Rate OUTPATIENT N $ .. ••�US�aO�S�[� AO sd4n !LL patient Td page # to 4r A Lµe. , M •_.. r�Z. .R W2_ dl •nr co GLL M R-1-P H C (Side 2) 05: r n DM 14 Sr}M ;;UTdTk." iil L. i.ti,tV' F f 17, CONTRA COSTA COUNTY HEALTH SERVICES:.'' : MERRTTHEW-MEMORIAL HOSPITAL AND CLINICS ' • PITTSBURG HEALTH CENTER OUTPATIENT NOTES ' Date Patient ID Pale � i'•. --Au,ii�q � Y•r /r•W�Ir11�•■�� �••�Y�-�...�Y�• . r�Y.� jtrr-3 t4 'cam Fr.A,r ! ALT kKL eL �y'`.�'��,,• - •.+/-'ate^v � _ � ,' • - � �, - �r,` •-ter,. •r. MR-I-PRC (11--$E) (Side Z) Fri r, 0 OF,: r R DhTEs 01/25/94 CONTRA COSTA COUNTY HEALTH SERVICES PAGN 1 RUN TINES 0740 Summary OUT PATIENT DLecharge Report JQCATZON PATIENT$ I. X0057005 Ri'61 'O1/24/94 REG DR: IUNXNOOIN:�' CL S/ .. . . . . . .. . XOMPLETE BLOOD"CO N Day Date JAN 24 Time 1349 Reference Units TH/CMM ->WBC (4.8 ->ROC 4.74 MIL/CMN _>H08 ->HCT 44.9 (42-52) ->MCV (40 >HCH (27-31) FG WMCHC (33-37) G/DL ->ROW 12.G ->PLT (130-400) TH/CMH _>KPV 8.8- (7.2-11-1) FL all 13' PROFIL- . ... . . . . Day Date JAN 24 Time 1349 Reference Units ->GLUCOSE --SAMM.. (70-108) MG/DL ->BUN 10 (7.0-22.0) MO/DL ->CREAT 0.9: .' (0.5-1.2) MG/DL .->CALCIUM 9.9 6 ->PHOSPHOROUS 4-;r..7,*..'-.-'.�,.f�..�'.-..-'i (2. -4.9) MG/DL >T.PROTEIN 7.9 {6.1-8.0} G/DL *ALDUMIN (3.5-4.8) G/DL ->BILI,TOTAL 0.7 (0.3-1.2) MG/VL ->ALK PHOS • (30-107) U/L '>AST 37 (8-42) U/L :#URIC ACID •• (3.9-7.8) KQ/bL Patients JAMES,JESS -&cct#M025673153 dnLtjM0057005S4 DIM FROM �.�NT'YA OCTA LEC3L-SRV [i_ 3Wif DATES 01/25/94 CONTRA COSTA COUNTY HXALTH SERVICES PAGE 2 RUN TINES 0740 Summary OUT PATIENT Discharge Report LOCAT1o�N Patients rJANES...... r"kt:.::k .:f:.: x�• :MF �w: r:. -••' :. r W,':Ytr'•r.'•-ti i..:a.r h+ X023673153- %(WitiAlxed ....--.:..-_ .rrr.�u.w.�i. •.wrr—�,r-r�� --- -- - tr*r.r*�s*rrww**uR�r�w��r�rt +r**w:er•wrrw*r*4!HE;M,ISTRY'•.(cont:�s+r .. . . . . : . .. .:. . : . .'::'.:yam."':r: .:::"?`'':. :':LIVE..R`­PROPXLE:': .'. : : :'.'.:.'.': : . .. . : .: ... . .. .. .... Day 1 Data JACK 24 Time 134: Reference Unita (3:5=4:8y G/UL ->LD } (94-172) U/L ->ALT 47• :,}: . . t0-53) . UJL :r ; ;•.:.:..'. .LIPID PROFILE . . . .. . .. . .... . ... . . . . . .�. . .... . .. . . .. . .'.r. .':.'.:... . .. ...'... Day 1 i Date JAN 24 Time 1344 Reference Unita - CHOLESTEROL.;;, . ":,'`' 19 ';r ..... . 1120-200 j MG/DL Patient: JAAIE3;J$S3 AgaJSaxs 35/M A6ctIM025673153 Unit#M005700554 P rn. if • EM. ek7MENT SERVICES APP01W C, T SLIP '5 454S Delta Fair Blvd. 130Macdonald Ave. 77 Antioch,CA`94509 Richmond,CA 94805 . • 427-8535 374-3791 YOUR NEXT EMPLOYMENT SERVICES APPOINTMENT WILLIBE) m at AT THE OFFICE CHECKED ABOVt day/date time Failure to appear for this appointment may result in your old Wing discontinued and a period of ineligibility. Your must cal in advance if you are unable to keep this appointment. Lack of transportation and being out of town are NOT valid excuses. Please arrive at least 10 minutes before your scheduled appointment. Your appointment is for a: J5-GROUP MEETING C] INDIVIDUAL MEETING SPECIAL ASS -1-GNMENT/COMMENT ej flltyl'i�' i Opp " iAnt Iii as 0 1 lackowledge receal op fA� I'un 9d that failure to appear without good cause may f lf)r 'd been ;t d. mai be Plf P NAME) rind f AM DATE ;z4 % 0 APPOINTMENT MAILED ON: Z U'SX-0127 M/ 4 Copy It ApplicantlRecipeo Copy 2- WP Case Y WP34)(Rev.)ISS�) • Copy 3: IM Case 42 FM F71 OM C;i)PiTF.' i)ST _F`L F.��i� ;''" Conua Cosa Coy. .a ..14 ! RECORD OF CONT ? CAS NAME AC •.,7 iC4SE MUMNEN WONIC[R NAME CONTACT i -.r• TYPE, mens ` Explanation of Con"C"plus Initial:.PCN and Data Y OU :mored DoewnantatlOn YA 11 1611 ll, � y - 1� (� L—k ` Y C ,2 7 L—Y il=; �,=� FM FF'17,i I I!T ; . Cl'Sl- _E:i=T.;=:'r Filrl� ' r%�'. EiPw1N 132- C]E " : .WORK 1{�ROfiRAMS PLACEMEN~' NDANE.RE Q.j/ •i °i°' -'•'I'•: AN'me. lNBsw/l,11 adow"Palf now. ' FRIO Apart Ag dla • w.:...•. r rrwrMp�p�bAMlt.•, .,•,.J,, •_1 i•• �yp�K Ilk= ALiENOY A ER CE1z a.M yv is F {` rosaroN OUTDOOR NA INTENA1iCE YORKt?R Tulfepr ,� r TITLE iPEelwt• OTHCS Rol! YARD 80RKPN0 OPCN . AJIDUIREM grhurmky . ��{111 LLL ! AEPORT TS R E W LEADER 4 R MI«rrWltl ErpanlWrTsvp_ha I DCATION 4S45 DELTA FAIR BL . ANTIOCH Mena.y _ Tr.r.al, +r sk Atltlray NEAT WORK PROGRAMS . 'rwunrplY Ji�L r ' J APPOINTM&NT •Y D4tTN«• ThYntl�y •• ri ❑im n—Aw. I] !sM ad �f,se.11.rr rr,r.eaM7reUl1 mamma afa )9 rr,m.wm f l J w ftwaft p solp M M w kw",rr! !I omits p Ors ISPM K OR r w N�.Zu�[cs RL"Ii Otla rra s� ,'•'•.�1pAM 4CMakwo- 0/p Fdlrr/9 YOlM R2SPQyy$/jN. w/yp«Ay YW1E9:..p11i4i WN1Y 'a� ' 1w4aYlw. "��'wr.eeuarrryswMbrkw�oy�.r�w•vwirlptNr• E'+v+uav«�Ifltrlr[ ine a�ee� ._.yw rim auew.of,Rawrsr. ATTENDANCE RECORD TIME IN TIME OUT Tut-MPART CIPAN77 SIQMATUAO WORKBITO COMMeNT's .0p VAY4 ' • alar. .� ' j•: aAv r DAV DAYS DAY 0 PAY to AdO1TIDNAt COMMENTS TOTAL HOURS WORKED FOR THE MONTH OF i I I. i Copy 1;ChlnC/PertlClpanC :1 IF COPY 2:Work Programs(can,' COPy3:Work Programs JCor': M.... / Copy 4:WOrksita Rr1O • 't•-'MllNTN'E3'1 ,r E O 3 W .ROGRAMS �IN, 6 D e'. ERLOTe— "I FROM on W111 1111 less MGMankh•NblkSA•BrrM+�NeeNYSAEM•PYO�aAIrRe' • ' APat� 1!m dm! lml:pliv: IEOUL!.wTt111K �y110RK BITE GENERAL UnItle[• . DEPT MMldgr , .• t• _ OUTDOOR NA 10tvAllCr,1JORNER POSITION TITLE 5 OR YARD IiORR/NO OPEN •Pme.� 3 r 7 SPECIAL' °'A`�� pDES/GRIND YOUR l'UNCII TIIWe1•v 3f� - __-- RBtiU1RE11 CZADEr c ' ' 4 2 7—8 5 3'S REPORT TO 4145p [ • T71hILVDa ANTIDC4 MO"d'v LOCATION ` Y1laedey Malt•AddraN w�'d.'..a' ..y ' NEXT WORK PRQ(RAM ' APPOINTMENT Da� ata Time �"'rw•y 1.1 1711 AVA"Aw. Q nmwabw Q 4wImUIwa". ' Pciao bd.*M 174�17101 Yrwrranl•1en .AMMA41#4.In �•'A•1 11adwwM le•alvt et my nllpwllelR N 01MRI ED uM 7RAWAC.WM 111 RWANDL Et r T . •�:.� IMPAwL t1.Arre•w naE.rmE W a i on ALI M: r7Forms! d etielEluaa.. ••..��� SI� ..• • o.y�yuiRyn�ylr+ewla•,..EMeneemnllcffiI�•i�A77]! tbn!D 1M�•Aafn wpAat+ry print is YOUR RE 9!Lln: l/YM1 AtRld rt•t1ADDE.tEEnntletel�+t1EE71h1Twe ANP R M Ydw ttdrrpprtat/aE eApRllal;derle•t Yt►11/rAw*Pr pwW RaarahreatlRr a EA1•k Aden YAllt wwk MNWU&bap m a rwe o!RwR• � ATTENDANCE RECORD ..8••C1npNrbn�A•EtAetlOr�Oe Rwdraa.• . TIME IN TIME OUT TOLHM PARTICIPANT?EIONATIIRE WORK61TI 0. eMENT$ • DAY 1 • fi� . ••�' fir+00 q ..r.� oars 2 L 0V DAY 33 ' ,§'C)o y:aY, j , DAY 'zQ F.ed 4.640a .. cw DAY ' Y 04Y7 : DAVE 1 i DAVE I , SAY 10 + ADDITIONAL COMMENTS TOTAL 14OLMS WORKED FOR THE MONTH OF ke, . 61..4- har, • y �i r/ �••::.. : Copy 1;clumtIPanioea• R i 10 N A T Y77- DATE copy is Wofk PropliTl(• {` ;;• COPY 3:Work Programs i Copy/:WeAtiteFile L J[i _-;�� i.4+,'.1� _•�SLS L j-� F 'M.= rrDgTN d i t d t YNmktROG"AW PLACEMl[rl , IDANCE"9FIRP FRW19C7tr sWTr, gym• r . .. i•r .. ?fir .•� If TV49 i%AgRMCY tfI-EXALL SERUM DELT M .r ' PaEato t 0lIT000R RR INIgNANCE WORK * savlAL TdtS POR TARO VORX/00 OPEN y RtrORT, JCE11 IEACER Rf� B�S�3n A-diy-1, ZL worNttNA supatiWar .rF T.I.p11.M Atonoty ` 4 LOCATION 045 OELTA FAIR BLY'G. ANTIOCH `. n t NEltt WORK PRO"A145 I t rY.dnesday APPOINTM@NT Gav2 .�,j Asta TirR. Thwumv,• .. - 0 I7f0l Yidt:W al"w '� gttrnl " pQ 4lg0an.f—W P rr pmen+7741aft •Mwaea tSbaM JJJ'""'"�ur�n +• I admatt(rd*mdpl of My trr iormeMR 4 tiuMrl�Yt Oli TNS{t(japa[M 6prn0�0! r ,� E PAP 6 A lu"mWww W w:�U CiS alATr D+.'7•[ w. a ► -27 I:;'r XLT RaI ` 7rrwlpnrgdaargtAr NOwAk &W pow isYou"Me Alt . if Ned tT+Kt+lty18�9ri'�Ir�tlW11t1.r.StlStliltMe0`�II AMA�1nrQualtgaleo%Oda"4KO+M.*Mawr"urWbrArFrvp/Mwlf gtiM• wuEuvErtbnrtelFupg+Yvro9u:aar� . trrrk MInA traw'treat�chttlari.erANar. '•P'rtraYlN�u 8g ttorrlpNrka hatnrarfiear0ar R�IS/qATTENDANCE RECORD- _ TIME W TIME OUT -To1.Hro PARTICIPAN"SIGNATURE WOORK51TE COMMENTS DAY 1 DAY 2 , DAYS ' DAY• 04 DAY7 DAYS DAYS DAYIO ADDITIONAL CCMMINTS TOTAL HOURS WORKED FOR THE MONTH OF 4 Copy 1:Chtnt/Partmrpent Ir 91 WSM 4UPWAVIS01i SIGNATURE— D A t E Copy 1:Wor!progrlma(tontralj lWP 3 iRw 9yB8I y WC' SB Fd4—f(c ampt .tl• Copy .w t. (il— !aiij Fh+i A Fz:4J7>4 CONTRA i�_r.`I' i.F:j;i.:;LV tips' 1 1 J 11 1 J Gantry costs County s service bow i .i R -rRCGRAMS PLACEMENTATTENDANCE RECORD PROJECT* aLOTe _MONTH 2 ❑E 1 { PARTFMART 1 ,17LEPHON" .{ b—W A rvlrw when you rrporr at Mefln+e end place ow: Calf Cho Hbrk Sita Supe/ritof ff you hoe any prow*m- DATETIMESCHEDULE TIME AGENCYT EKrL�AL. SERV I_trE$ Monday bEPT Tuesday POSITICNoU=0CQ% MA 1NTENARCE 1�'Of�KtR TITLE - Wednesday SPECIAL ((;; NES FOR '(ARL VORX/•HQ Cf Thursday ' L14 REOUIRE�[H �tEK ' LEADER 4i7-61 Pr{day REPORT ' WorkSlte Su0ervls0f Telephone Monday rr 45{5 DELTA EA1R BLVD. AN ' 1 r• LOCATION _ Tuesday i WorWRO Addraas Wednesday ' ! NEXT WORK PROGRAMS r ; APPOINTMENT ay Onto Time Thursday A ❑ 1806 fdoak Al Ave'. [3 30 Muir Road 41,4%w4m fewRiad. Friday A+ j Rldnnew wa-3791 Manr1er 439.2029 Aniipch 4274535 _-- r 1 aaklloNladOa of my asabnnnnt 61 OUNNE U0 UNA TR�tJUt c1011I Err ESPAnOL 09.A+ ��;,. ESTE PAPEL. LLAmE A AU TRARAJAM IAI PE U !�-- 1`I D. 7- j'el�LEOIaIY t7AQ. 'j+.+ � w-AZ,6.1114— 4� ///.007/5�/ }ZI r span signature . ■e q�M9SS1��7fa�u�bAl�ah...dtl�bCOTT1=Ci 7�:{ ,•� ! Trwnspbrtdrvon to the job to w pick up point/S YDt/R RESPO S/B/L/TY. If you need pqt OrIOUNlmdnna�un�wUsp�d�0�q;, — halo w/th.veur rranierrnrrwrwr.riprn.ee.rn.strr/•r.u�,ci•IA+'i..dr rr.•.........Q��rrtatiw a • ;n•+�Ra9r1�U•. VCE RECORD 'ANT'S SIGNATURE WORKSITE COMMENTS LOOK9 called am MAI at pm an _ ESSAGE • 7/0 --- Will call back at mtime Rewe call 9q- q? - Number URS WORKED FOR THE MONTH OF rd 7a7 urn. woo-WA�� AAA� ' d� Copyi: Client/Participa DATE Copy;! Work Programs i Copy]: WOik Programs i Copy 4: WorksrtL,Pile r'11_94 II11 II_I N FR0M 4, )N'TRG `nrlV'fj ! e 11 ' �4t V I „ . :iiia J �`_—"..i• ,,r� v :h..+�` i`• social somemi Oepartrnint Contra Costa County / MONTH !7❑c��t 13 x ❑a wA •RoGRAMS PLACEMENVATTENDANCE'R'. )OD, PROJECT* SLOT*- Row Mom A Ow t Corin to me MW*Sim S&VW WfW n*arYOU ntport at Cha time end P !r tow:DitK 9CMEW�E 'TIME Call 00,Nb r it have eny blame. WORK IT& AGENCYDEPT, OUTDOOR A I M N A C E VOR K£R • Tuesday POSITION rf TITLE Wednesday SPECIAL TOED SHOESAR114 YOUR UN Thur,my REQUIREMff Friday REPORT TO 5 4 S D Ef�s#'1'R°r tBL•Y d e AN T 10 Mop"one Monsey • .'i'' r j C —_..L,f ,, LOCAT101+I Tuosaay Jar /� ;rtif Worksl a Address •f/ . _( NEXT WORK PROGRAMS , eF� G+ U - '? APPOINTMENT ay Date r I I r� Thury 7 * . "--d —7-0 � !e'� lies Mealar,.I ew. Muir ea�d •%{S polio FaN Give Friday .,,.,.,,,r,. , • Rich., 374.I791' sAeKinti{jy.sp AMtp(h a ' •�' - I Odrno{ k dp r Wpt of may aeeignment , f r./ 31 OulE1tl In NW►nuaouCcla+.u+lePetaL oI, '• "� D / OTC►APlL, LLA01 A Ill TIM�iUettiUl i 1 III •: ,. WSII.100. + Tow xv 1161�+ lLE : t11: f' "" sETtTRt��i Signaturer r •• e tl'fyi99K1�+'�t1'� 11yi101'1$9:.,$�lii@C1RA!{:. �., `• :Tt#ntpOrt#t�On ob ther/abatbOrAeck uplaniat lS'YCJfaR'AESPONSIBIf:fry. tf you need mgv1QR�Gy„'�mc�cth�GlzS>ri�vI09t1eiI�1F' C ���3 *�2i help with your nansportatlon expenses,donewt your 1rV ek Prbpramr Repramntat+{"e a before your work schedute,bmim. :n�{oal3anryy. ATTENDANCE RECORD o_ Gon7ptet/on Instruadam On Reverse. ,i TIME IN TIME OUT Tot.Hpr PARTICIPANT'S SIGNATURE WORKSITE CdMMirNT$ PAY 1 OAV2 F:06 06 DAY 3 t z • DAV41 DAY.# ZAPY16 LA-Y2 DAY /Ze"106 DAYS DAY e DAY 70 ADDITIONAL COMMENTS TOTAL HOURS WORKED FOR THE MONTH OF • Tj{ 1 ' IV 'I: q{*nttPirti nt'• U E R VIS •s it N U E Work Programs{Sontrr FIA fcopy 3”Work Propra ittkdnlp ti >It88#• 4 '#.0py 4)'Wgrksi"2FJ i •t i'.. ?i•}:L.4M.n,1+ t'nt :,�„'.+!�.. ?Y!:. � �� +. �. ,4'�i!-__/ �•r.'_' 3kc� :'�` 02-14•-94 Oh:05 PM POM CONTRA r;iSTA, LLE-Gi. RV P(I fl Contra Costa Count s ' Y '. social Sirvie a Depertene t MONTH 0'1 D ©s ..YYtlRK PROdaAMS.PLA�CEMEN'IA7TENOAI� .`E RECOR PRG3EGT/R_SLOTa!- rARTICIPAN CARE NUMBER N "• .:::;., ';.e:.`:7•!nrr-'fi ..'Stir:;..i:•fyr.�r•X.,;.3: yfv:..' :1ii:� •t•::. , :�:.. AW t to a i when yefir nyiwrt 4-1 t—a ms an praoaIAFWUDW Ali dN she Slrpwrlior if you lows arty prllEypm. �D ARK SCHEDULE" TIMsi WORKSITE y4r Y!!lCRttY AGENCY: 0.11A UL 3OF Moral Art'BNDEPT .. + ��1A POSIT10N AlTtmday ��.- TIT" YARD/GENERAL NN, N; YR R , • s�EciAt� 9-430 Wednesday i REtSUI EMlNTS ____ Thursfty 634-0473 f' REPORT`I'O Friday 619 aleph." Monday . LOCATION Tem r A dnaa NEXT WORK PROGIIAMS Wednesday APPOINTMENT. eY ate Time Tnu►.d.y ifaSai+ioe+iriAre U Si1aiwHoW ��/Si2'Dehafair$we Priddy •'�•__ ' Aid+rnondlAi131a1'•�'' 'IYINp11et Isil�las0' inMAMh,177-Isis ,�'• ' • .. iarww���w w..�.�eii��ri i aeicnawladp aMalipt at.!R1r°�MMgIMI�q! . 111.011111111 ub NIA T*a*X7Cft Rol WAINOL pE MITI PAPEL.L4Wt A iU TWASA,iAM IAi N Jim C�i] Rb T)tH eLWIMUI �a: nfij=r 9( Anatp isshlN s�tahsrnr t11i.r�a.r�aapnlragb tdlaovrPAC* R +Rpo/nrlSrOlRRESPQNS/s/t/TY, ltyaaed + phq�le� `opm V*tgaVIlUfjowvMtUgg' SXPrNW0011100t:t your lW*PpFvmRvPrw*aw � wail'boom ye>rrr war*"hadah bwJlti, C$'1=I00!p�r1U• Ani ample o JnatrMftas an Ames. ATTENDANCE RECORD TIME IN TIME OUT, Tat.Nra; PARTICIPANT'S 9lGNATURE. coMAIENTa PAY t a#7f 4 12AY 9 DAYS i DAY a t DAYS Ally DAVIS r � DAY 7 1 DAY IR DAYS DAY 10' AuarriBNAL COIUIMENTB TOTAL HOURS WORKED FOR THE MONTH OF'-----'i' ..-• -"" ; Copy t: Client/Participant P s! NAR . Copy 2:Work Programs(cos s Copy l work Programs{co VYP 8(Rev:9188!. ... ' . ,� • . � , Copy A: WbAsite!<ile PY FRA CON T A COSTS°: LEG-1-SE.-V 17 ALCOHOLISM VemeHe Fox, M.D. James P. Conway, M.S. Jeri Schwelgler, M.S. DISEASE]DESCRIPTION dinahilities and does not always refer to the disease Alcoholism, with or without a %ifflultaneous drug "alcohol addiction." Much of the confusion and abuse problem,is one of the most prevalent disabilities pessimism surrounding this illness is clue to the fact in the United States. More often than not, the that we label abusive drinking as alcoholism without alcoholic client's stated reason for seeking vocational trying to differentially' diagnose the mechanism by rehabilitation services will mg be a candid declaration which the individual developed the alcohol addiction or of alcoholism, but this disease will be the major the specific manifestations and prognosis for that disability after the client has been adequately individual. Prior to the mid-1950's, alcoholism was evaluated. If the alcoholism is not diagnosed and only regarded as willful misconduct rather than as a realistically dealt with, as opposed to simply treating disease, and alcoholics were handled punitively by the the complications or presenting symptoms, there is legal system. The individual was blamed for his lack of i virtually no chance of the individual being will power, and medical treatment was only avallable rehabilitated. for the advanced complications of alcoholism. Alcoholism occurs in all ethnic, socioeconomic, and In this chapter, the terms "alcoholism," "alcohol age groups. However, the incidence of the disease is abuse" and "alcohol addiction," and the terms higher in some groups (for example, Irish and native "alcoholic" and "alcohol addict" arc synonymous. Americans)and lower in others(for example,Jews and The National Council on Alcoholism (NCA)and the Chinese), and Is reported three times more often in American Medical Society on Alcoholism (AMSA) men than in women. It has been estimated that one- have defined alcoholism as "a chronic, progressive quarter to one-diird of the peracine who have and potentially fatal disease . . . characterised hye i alcoholism also abuse other drugs,usually sedatives or tolerance, physical dependency and/or pathological Jill tranquilizers pmacribed for them in an attempt to organ changes, all of which are the direct or indirect control their alcoholism.The disease is seen in persons wusquences of the alcohol ingested." of all occupations, but tends to be higher in some Tolowice is that phenomenon whereby a much occupational groups, such as physicians, career and greater and more toxic amount of alcohol(or any drug) service personnel, painters, and short-order cooks. is required to produce the same subjective effects that a Although speculations have been made, the reason for smaller amount originally produced. The exact higher incidence in persons in these vocational areas is mechanism for tolerance ie not proven,but it is known not known. that certain changes occur in the liver and that persons The total number of alcoholics in the United States develop central nervous system adaptation to the is estimated to be nine million. About 5 percent of all sedative effects of alcohol. How much tolerance is due employed persons are thought to have the disease, to altered liver metabolism and how much to central while the "skid row" or homeless male with frequent nervous system adaptation is not yet known. jj arrests,often thought or as"the alcoholic,"constitutes Alcohol addicts usually develop cross tokraneir to other only 3-5 percent of the alcoholic population. During sedative drugs and sometim6s to narcotics. The recent years, there has been an increased prevalence of individual who develops a high tolerance for one alcoholism among women and youth, sedative drug will subsequently nearly always have a higher tolerance,from the beginning,for related drugs. For example, an individual whose metabolism is so Zefinition t. changed that it takrR a fifth of whiskey to make him !cats can be the person's only disability, or it drunk will also probably require two or three sleeping Xan occur with one or more other physical or pills to put him to sleep, more morphine to kin pain, Psychiatric disabilities. The label "alcoholism" is and more anesthetic to induce unconsciousness than a :'Frequently loosely applied to several groups of person with normal metabolism. Also, a person 231 02-!s-94 05.05 PM FROM CONTPA �:STA �EGLSEV 232 Fox, Conway, and Schweigler addicted to one drug obviously has a mach higher risk A great deal of sociological research has been done of becoming addicted to other drugs. regarding drinking habits and other behavioral Withdrawal'sy"ta»lt begin to occur 6 to 12 hours patterns of subcultures. 'Drinking patterns are so after the long-term heavy intake of alcohol has ceased. influenced by peer pressure and cultural value systems The symptoms reach their peak in 1 to 2 days and that it is impossible to answer such pertinent questions gradually subside after 3 to 6 days. The symptoms of as whether children who are taught responsible withdrawal can be quite mild, such as lack of appetite, drinking, such as wine with meals,or an occasional sweating, and nervousness, or they can be very severe cocktail,are less likely to develop alcoholism than those and potentially fatal, such as severe tremors, who are taught total abstinence. Although it is known "~ hallucinations, convulsions, cardiac irregularity, and that the incidenee of alcoholism is very high in shock. environments where drunkenness is "normal" and Physical dapandmey on alcohol is defined by the sobriety "abnormal," not all individuals who live in ' appearance of some withdrawal symptoms when the these environments become alcoholics. There is individual decreases or ceases alcohol consumption. In obviously a great deal yet to be learned about the :n addition, an akaholic is generally a person whose influence of the environment in the development of s drinking repeatedly and seriously interferes with one alcoholism, or more major spheres of his life,such as'work,health, Reality avoidance. Some persons develop their high or interpersonal relationships. exposure to alcohol by learning to use the drug as a The NCA has developed groupings of signs, tranquilizer, a means to avoid reality. They control symptoms,and criteria for the diagnosis of this disease. their anxiety or depression by drinking, and alcohol During the early stages of the disease, the individual increasingly becomes their most effective coping skill. often drinks increasing amounts to feel a "glow," Gradually, as their tolerance develops, they stay in a gulps and sneaks drinks, looks for more occasions to state of low-grade chronic withdrawal,with a resultant drink, lies about the amount consumed, misses more craving for the drug. Thty think in order to avoid work and shows decreased performance when at work, withdrawal symptoms and to be able to maintain has morning shakes, and shows a loss of appetite. In routine functions. Eventually,alcohol may become the the later stages, the alcoholic typically stays drunk for most important thing in their lives and they frequently weeks at a time,Is unable to go a day without drinking, become preoccupied with getting a drink, stopping A ; displays severe withdrawal symptoms lasting for days drinking, or staying sober, J ('sometimes including convulsions and hallucinations), y' and shows physical damage to the liver, nerves, heart, Cornplicatians gastrointestinal tract, and other major organs. J Alcohol is a relatively short-acting drug that is ; Edology rapidly absorbed acid circulates unchanged in the . ; blood stream and cerebrospinal fluid. The most There are three distinct ways a person can develop common acute complications of alcoholism are falling x alcoholism. Most commonly, however, a combination and driving accidents causing bruises, broken bones, of these mechanisms is present. and other injuries. Ph ysiblalrtkal suscoptibilily. A certain portion of the Every organ system in the body is,affected to some alcoholic population appears to be biologically degree by alcohol, and prolonged heavy usage often i"t abnormal in their physiologic response to alcohol, causes pathological changes in the brant, liver, They appear to have a potential at birth for developing srnmach, pancreas, peripheral nerves, and heart. abnormal metabolism and tolerance to Are hal if they Anemia, gastritis, pancreatitis, neuritis, and fatty are exposed to it. Persons with high susceptibility may changes of the liver can occur. There can also be Y develop gross tolerance and withdrawal symptoms impaired brain function, resulting in confusion and after only brief exposure, while those with only slight memory loss, Cirrhmis of the liver, a devastating, susceptibility would take longer exposure to develop destructive disease, is not as common as it was once i. the same set of clinical symptoms that we tall thought to be. alcoholism. There is substantial tvidcrlce that this Individuals have great variance in their organ physiological susceptibility to alcoholism is familial, susceptibility to alcohol damage. It is not known why r Purr gmup Prmsurr. The drinking culture in which two alcoholics drinking. approximately the sale the individual lives has a substantial influence on the amount over the same number of years will develop ; development of and recovery from alcoholism.In some different complications, For example, one individual subcultures in the United States,drinking is so much a may have severe gastritis or ulcers, while another way of life that the abstinent individual is viewed as a develops some level of hrain damage-and associated social deviant and regarded with suspicion by his symptoms, such as impaired judgtxtent, loss of recent peers. memory, irritability, or emotional instability. Organs I :y —�a4 060�� F' f pr,OM CONTRA COSTA rG!SFV - "01.3 Alcoholism 258 are not affected in any specific pattern, nor is there a Some persons "mature out" and virtually stop specific relationship between the amount or duration of drinking unassisted, while others have variable periods i drinking and the development of organ damage. of spontaneous remissions. Since there are no reliable i! Undoubtedly, the degree of malnutrition and vitamin indicators or characteristics to predict the natural deficiency that the person suffers to some extent course of the disease, remission should never be relied ;) governs the severity of organic pathology that will upon for the individual's recovery. However, the develop. majority of alcoholics can show improvement or Since the complications of alcoholism can mimic completely recover with abstinence and appropriate almost any disease, it would require several textbooks treatment over a sufficient period of time. of medicine to completely describe all the organ damage that can be caused. If a client reports high :) levels of alcohol ingestion tutu has multiple other FUNCTIONAL DISABILITIES diagnoses,the counselor should suspect alcoholism and physical Disabilities request a thorough medical evaluation. Although major complications and organ changes The degree of physical disability may be severe for usually develop in the later stages of alcohol addiction, the alcoholic even in the early stages of the disease, work problems can be diagnosed much earlier. With During drinking episodes, motor functions, such as earlier recognition and appropriate treatment leading memory and judgment, will obviously be affected. As i!! to abstinence, these complications are usually organ involvement becomes more pronounced, the 'I preventable or easily reversibir.. The msijority of magnitude of symptoms and resultant impairment of physical complications are reversible -with long functional abilities increases. abstinence and .good nutrition, even in the more Impairment of fine or even gross forms of motor advanced stages. coordination generally do not interfere with activities In addition to these medical complications,the social of daily living. In the first 6 to 12 months of recovery, and economic costa of alcoholism are awesome. The clients may have tremors which interfere with their NCA estimates that Sty percent of all fatal accidents ability to write.,ur they may experience lapses in short- involve the use of alcohol, with two-thirds related term memory and the ability to concentrate. "{ dircetly to the actions of alcoholics. In addition, a Physiral rmtoration will be gradual and is predicated conservative estimate of the cost of alcoholism to on the client's ability to remain abstinent. Milder Y industry is 25 percent of each employed alcoholic's forms of dysfunction will reverse within a few months i salary when such factors as absenteeism, tardiness, after abstinence, while more pronounced dysfunction spoiled materials, decreased efficiency, on-the-job may require 6 to 12 months. Although uninterrupted accidents,and medical benefits are taken into account. alcoholism over a long period of time can result in irreversible organ damage and physical disability, in Prognosis most cases these are fairly temporary in nature if the individual can achieve and maintain abstinence. If the Alcoholism is a slowly progressive disease. The client has impairment in self-care, ambulation, and typical male alcoholic has been drinking abusively for 8 gross motor performance after several weeks of proven to 12 years before he develops complications or abstinence, advanced complications or another otherwise deteriorates sufficiently to seek help. For disability must be suspected. in these cases, the women, the time period is usually somewhat shorter. counselor should refer the client for complete medical Individuals with serious psychiatric disorders who evaluation. become more disturbed when they drink and individuals who have previously been, or currently Psychosocial Disabililtes are, addicted to other sedative or narcotic drugs also require a shorter exposure time to develop alcoholism. Long-term combined alcohol/sedative addiction can For example, the former heroin abuser or the }produce manifestations of severe psychopathology methadone maintenance patient is virtually an instant during the addiction and for as much as 6 months alcoholic if he begins to drink any appreciable amount. afterwards. When these manifestations occur, they This is due, at least in part, to cross tolerance. but may be suggestive of severe debilitating mental illness there may also be specific biochemical alterations that and may possibly even require acute temporary result in this difference. intervention.The severity of the symptoms,sometimes The natural course of addiction is quite variable accompanied by a self-destructive component, may across individuals. Although it is commonly believed lead the counselor to assume that an underlying ' that, once developed, addiction is steadily progressive chronic psychiatric disability is surfacing. This i and the individual's condition worsens in .an determination cannot accurately be made until all the uninterrupted fashion, this is not necessarily true. organic brain syndrome secondary to alcohol and drug -!-4 a 6:0 N F R;01]v1 A CC''S 7-A LEG-1 si-v Poi Alcoholism 235 rejecting the request, and possibly the client, entirely. meaningful evaluation and planning. No one has yet Both these extremes should obviously be avoided. learned how to mob an alcoholic stay sober. In fact, it To complicate matters, drinking is not always the seems that the harder people try to keep him away worst possible course of action for the alcoholic to from alcohol, the more intent be becomes on asserting follow. He may have reached a point of crisis in his life his independence by drinking. when his alternatives are reduced to three perceived Drinking can occasionally serve a kind of courses, (a) become openly psychotic and requiretherapeutic purpose for the client. An occasional hospitalization;(b)kill himself and/or someone else;or "slip" can help to convince an addicted person who (c) drink. In such a context, the client may view has been sober for a relatively long time that he still has drinking as the only choice by which he can retain a problem with alcohol, and that there is no "curs" some degree of control over himself and his that will allow him to drink with impunity or without environment. It is easy for the professional to see destructive consequences. The counselor has the task treatment as a preferred course and to encourage the of deciphering the reasons for any drinking episode client to seek help. But while this seems an acceptable and relating the episode to the other observations by alternative to someone else, it may he completely which he ix flaw.rmining the feasibility or prognosis. impossible for the client. Many reach a point in their The rehabilitation potential of an alcoholic is recovery when their feelings toward the treatment affected more by his psychosocial disabilities than by person or group are so intense that contact with these his physical disabilities. This is particularly true of the "helpers" is the least tolerable thing they can imagine. 'impatience, lack of realistic self-appraisal, and limited From the alcoholic's perception, then, drinking ability to handle stress so often characteristic of bccomes not just a "good" choice, but the only choice alcoholics. Prior to recovery, the practicing alcoholic available. lived a life marked by increasing irresponsibility and Any of these psychosocial disabilities can contribute impulsive behavior,and a decreased ability to set long. to the occurrence of a relapse in which the recovering term goals.In early sobriety,he may wish to"make up alcoholic returns to the use of alcohol. As such, they for lost time" by resuming a job or career at a should not be regarded as isolated from the disease previously achieved level. Also, as a rehabilitation itself.The counselor should anticipate the pussibility of client, he may wish to establish vocational goals with their* occurrence, develop the rehabilitation plan quite unrealistic time frames. accordingly, and integrate his planning with other The counselor should be prepared to deal with such treatment resources in the community. expectations and to regard them as natural for a recovering person in the first year. He should guard Rdiabilitation Polmsial against either (a) considering the client as unfeasible, or (b) being manipulated into poor planning and The stage of the client's alcoholism or treatment Potential crises. Agencies with short-term rehabilitation must be taken into account to accurately appraise an Production goals are especially vulnerable. The individual's feasibility for rehabilitation services. For alcoholic may be able to exert heroic efforts for short the vast majority of clients, the ability to achieve and periods of time while pressures are simultaneously maintain abstinence in the critical difference between building up toward a relapse. It is extremely important success and failure. Major clues in determining the that counselors and agencies not encourage the probability of success are to be found in the client's recovering alcoholic to achieve too rapid a "success." response to general interview questions and specific The recovering alcoholic needs both long-and short. treatment elements. Among questions the counselor term goals, a sense of the long-range process of his should ask are: rehabilitation, and a continued source of ongoing I- Does the client accept the fact that he has a reinforcement. The longer the alcoholic continues his serious drinking problem? involvement in a total treatment process, the more 2. Is the client able to accept the need for a long- stability he gains in all areas of functioning. This term recovery plan which includes a new peer stability ii accompanied by increasing capacity to make group identity? long-range plans and to handle emotional stress. 3. Is the client willing to take deterrent medication? During the course of treatment, the counselor should 4. Can significant others be involved in the client's regularly reassess the client's changing ability to recovery process? assume more responsibility and independence and nio st of the above are answered positively, the client plan the next phase of vocational rehabilitation hall a relatively good prognosis for sum-on. However, accordingly. the counselor should be wary of too rapid acceptance of the total treatment plan and anticipate a certain.4 STANDARDS OF EVALUATION amount of limit testing and acting out. The initial struggle for the alcoholic is maintaining Behavioral impairment and the development of Sobriety, which is a prerequisite of any realistic and physical organ damage are'usually viewed as the major '�si1 294 Fox, Conway, and Srhweigler abuse has reversed. The vast majority of alcoholics around him and of relieving the pain caused, in part, who come for services have the potential for becoming by lack of meaningful communication. He may have ' emotionally adjusted and functioning adequately in established his entire social life around alcohol .. their environments. consumption and find that, in recovery, his ability to Other psychosocial disabilities are often observed in maintain old contacts or develop new relationships and ; the untreated alcoholic and often also extend into the communicate meaningfully with others is impaired or early stages of recovery(0-12 months). These include lost. pathological - dependency, marked anxiety, The recovering alcoholic has often been given pathological isolation, denial, and decreased ability to pondrmus amounts of unsolicited critical advice which establish long-term goals, proceed in a step-wise he has generally learned to ignore effectively. manner, and handle responsibility. Typically, he doesn't trust peopir and seemingly is lirpettdancy. Alcoholism reduces the person's ability more concerned with getting something from them ;: to act effectively in his own behalf. As a result, than in genuinely relating to them. This is often alcoholics become increasingly dependent on others for misinterpreted by the counselor or consultants to be + . both economic and physical support. They may expect indicative of surfacing psychopathology. Both the to have their dependency needs met in all their client and the counselor should recognize-that it takes „4 relationships •and may attempt to develop new time to develop new avenues for social contact and relationships for this purpose. Accompanying the meaningful interpersonal relatiuuships. dependency is often a feeling of resentment toward Denial. The alcoholic can be particularly adept at those who are viewed as having power or authority denying reality. Misperceptions of reality can be an over them. Even after abstinence begins, many effective tool in defending himself against pain and alcoholics will continue to seek the same sort of avoiding some of the unpleasant aspects of the dependent relationships with people or institutions, alcoholic life style. For example, he may have nftrn including the counselor and rehabilitation convinced himself that if he stops drinking,everything agency.The client may want the counselor to do things will be rectified, the pain he has inflicted and suffered that he could do for himself, such as make contacts will be healed, and his life will automatically readjust with agencies and communicate with family members. to normal. This type of oversimplification can often Since reduction of dependency is nearly always hamper his commitment to a total treatment plan. ! desirable, the counselor should avoid doing things for Inaccurate saya"misal. The alcoholic is often the client that he honestly believes the client could do unrealistic in awbaing his own aptitudes and skills and himself. in setting suitable goals, for himself. He may In many instances, the client's family may overestimate his abilities and have unrealistically high contribute to his alcoholism. Often in their effort to achievement expectations. Further, his level of P help, family members perpetuate the alcoholic's functioning is often not congruent with his potential as ' dependency and lack of responsibility by rescuing him measured by psychometric instrumento. It is not .� from the consequences of his drinking behavior. uncommon for trained and experienced professionals Examples of rescuing behavior include making excuses to be misled by the apparent abilities of an alcoholic.It to employers, bailing the alcoholic out of jail, is important for the professionals evaluating the client , providing money, and covering bad checks. to guard against overestimating the. alcoholic's ' "i Anxisty. The tension-reducing properties of alcohol functional abilities. also deplete the alcoholic's natural coping abilities and Ltt¢alisnce. in addition to his unrealistic expcetations. leave the recovering person vulnerable and prone to the alcoholic is impatient and seeps immediate rewards crisis. Anxiety states may render the person for his efforts. He is not only likely to have a firm temporarily dysfunctional and interrupt his ability to concept of what he wants but also will demand perform in a job or training setting. Often the anxiety immediate action. Although the recovering alcoholic will be cyclic and related to trying to remain sober. At has begun to live without alcohol, he usually does not ;s ether times the anxiety will be related to new situations simultaneously give up-his need for quick solutions. In � and responsibilities resulting from sobriety. Whenever fact, in giving up alcohol, his attention may be drawn the client is undergoing some type of change, stress even more acutely to other needs which he may : and anxiety arc likely to increase. honestly feel must be satisfied without delay if he is to Isolation. Alcohol is widely regarded as a social remain sober. He may have great difficulty "lubricant" that facilitates cummunication and understanding why others do riot respond immediately personal contact. Often the alcoholic has learned to to his needs.The amount of pressure that such a client depend on alroht+i as an siri r-irher in making social can exert on the counselor can be appreciated only by : contacts or tolerating a dearth of social contacts. those who have encountered this force. All too often, Alcohol consumption is frequently the alcoholic's these pressures can result in the counselor either giving most effective way of communicating with persons what is being requested without proper evaluation or P 0 1 P74 HOM C-ONTRA-1 USTI LE-(,LSXV 236 Fox, Conway, and Schweigler criteria for diagnosis of alcoholism. Evaluation should through routine interviews is usually suwicicndy consist of at complete general medical examination accurate to serve his practical needs in developing a including standard blood tests, urinalysis, and liver preliminary rehabilitation plan. In fact, the client's function studies. In addition, an electrocardiogram ability to function in t a environment, especially the should be included if the client is over 40 years of aSc. vocational crivironmer is usually a more significant Although'nearly all physicians can be expected to indicator of impairme- than either the physical or perform an accurate appraisal of physical status, most psychiatric pathologies. This environment may be the will not be equipped to provide loarrangc treatment client's job, if he has r, ,wined employed,or a variety for the client with alcoholism. The counselor should of work evaluation/adjustment settings, depending on identify specifically trained and interested physicians the individual needs of the client and the community in the community and encourage them to become resources available. involved in the treatment plan. Unfortunately,there is If an individual is referred for evaluation and not yet a board or certified specialty in the area of services immediately after entering alcoholism addictions. Although this may evolve, at present the treatment for the first time, it is virtually impossible to counselor must personally inquire about the make an accurate evaluation in a brief period. In most physician's training and interest in this field. Reliable instances, a period of several months to observe the indicators are membership in the American Medical client's response to alcoholism treatment is the preferred Society on Alcoholism and recent attendance at any course of action. Data obtained during this period alcohol and drug abuse conferences.These conferences should include feedback from clinical staff regarding are often sponsored by organizations such as the his attendance and level of active participation in the Alcohol and Drug Abuse Problems Association of treatment program. If the client has a sponsor for North America, the National C uncil on Alcoholism, Alcoholics Anonymous,or if contact can be made with and the National Drug Abuse t )nference. close family members, thew lines of information Each state has a special -gency dealing with should also be established. In addition, the counselor trent referral. These should make direct observations by attending open skoholism, information and ter. .1 agencies are partially funded 'irough the National Alcoholics Anonymous and treatment staff meetings Institute for Alcohol Abuse and \lcoholism(NIAAA), with the client. Taken together, these behavioral The State agencies, in turn, support organized factors can provide meaningful evaluative material for V. community alcoholism treatment programs, and can timing of rehabilitation efforts and establishment of p ide the counselor with a dircctury of Scale and vocational goals. ravi local reariurces. Research directed toward the development of improved alcoholism treatment ii techniques is also supported by NIAAA. The coup- TOTAL TREATMENT sclor should be aware of all these resources and Alcoholism treatment is an ongoing process rather establish a working relationship with the staff of these than a single act. The alcoholic has many obstacles to Programs. overcome and a total process is the key to gainills If gross psychiatric and behavioral symptoms an stability in all areas of functioning. It is important that manifested, a psychiatric evaluation, with or without the rehabilitation counselor have a full understanding psychological testing, can provide valuable treatment of this concept and of his role in the multistaged and prognostic information. However, it is essential process. Without this base, he is likely to respond to that the client be recovered from the organic brain the client's instant solutions, fantasies, and syndrome associated with alcohol and drug abuse ovcrinvesunents. If this happens, the counselor may before interpreting tests or psychiatric evaluations, subsequently become disillusioned and reject the client Experience has shown that routme. or extensive he is trying hardest to help. The counselor can be psychulogical testing frequently offers little useful instrumental in the client's rehabilitation by information. For example, intelligence tests or recognizing the many facets of the problem and being aptitude batteries can be so responsive to the willing to help the client organize and integrate a temporary intellectual impairment associated with an recovery process. acute or intermediate brain syndrome that they give as& A continuum of services is essential, and each client inaccurate and misleading indication of the real needs a different combination of services at the various aptitudes of the recovering alcoholic. Similarly, stages of recovery. The rehabilitation counselor can personality inventories such as the Minnestoa play a critical role in the delivery of services at any Multiphasic Personality Inventory (MMPI) can often stage by serving 83 the client's advocate and/or me give an erroneous prediction of the recovering manager. Almost never is it desirable for the counselor alcoholic's stability, to assume a solitary or prime,therapist relationship with A trained counselor's clinical evaluation of the the recovering alcoholic client. This may be difficult client's attitudes and intellectual functioning obtained since it is not uncommon for'die alcoholic to seek out IV 41 FM FROM C21TIRRA COST-� _ JI. Fv • i Alcoholism 287 one thing or one person to solve all his problems. When After detoxification, the client is best served by a the counselor avoids solving all the clients problems,it thorough evaluation of his indivii ual needs and decrease# the client's dependency and supports his selection of the appropriate services to meet those; efforts to solve problems surd take responsibility for his needs. There are many approaches to the treatment of own behavior. alcoholism; for example, medical, psychological, and The critical first step of treatment is early diagnosis social. Most alcoholics will benefit from a combination l� and motivation by the client to seek help to change. of these services, which will be avail tble in different For a great many years, alcoholism was only forms in different communities. in general, the acknowledged in its termixuil stages, as manifested by following are the major components of alcoholism repeated legal problems or advanced medical treatment which can he combined, as appropriate, for complications, In the past two decades, however, an individual client. industrial, drunk driving, and armed services Environmental manipulation in varying degrees may be alcoholism programs have sprung up across the needed, depending upon the individual circumstances ; II country. These programs have made a great deal of of the client. When the alcoholic tomes for progress in the development of effective techniques of rehabilitation services, he is often.immersed In a early diagnosis bawd on performance factors; such as variety of life crises, such as divorce, dental problems, ' tardiness, absenteeism, and decreased productivity on legal actions, overdue bilis, and revoked driver's the job, rather than on complications. In these license. The client can be "helped to solve these ! 1 programs, emphasis is placed upon identifying the -problems and thereby create an en•ironment more j troubled employee and providing early intervention conducive to abstinence. i and treatment. Interrutl change theay may be provided through a The rehabilitation counselor has a great deal to wide range of psychotherapeutic techniques aimed at contribute in this area by helping to establish such the development of insight and the modification of j detection programs, by working closely with the behavior. These treatment modalities are not required i isiduatsial counselor, and by bring a source of by the majority of clients and are inappropriate for a 1 counseling for the disabled employee. It is desirable large number at the beginning of recovery. An that counselors become familiar with industrial except;on is those programs designed to prepare the "troubled employee" programs and the activities and alcoh, c to enter a regular treatment program. materials of local branches of the National Council on Ince: :anent in the trratment plan of sc;,f,tifisant other persona, i Alcoholism and local Alcohol Safety Action Programs. such i spouse, children, probation officer, sexual i When diagnosed early, a great many persons with partn, •, or anyone else in a position to contribute uncomplicated alcoholism may recover with the help of posititi cly or negatively to the client's recovery, is" their industrial counselor and a self-help group. essential. Often these persons also need treatment in For clirnts who have been drinking recently,the first order to increase the prospects of the client's success.If f stage of any treatment program is acute detoxifcation. the client has a family, alcoholism and its treatment is a i This refers to the treatment of the withdrawal family matter. syndrome. Mild withdrawal symptoms are sometimes Antabuse(disulfiram)is a drug that interferes with the ; treated on an outpatient basis in a medical facility or in normal metabolism of alcohol, thereby causing acute a nonmedical detoxification facility. More severe gastrointestinal distress. When taken daily, it acts as a withdrawal symptoms, however, do require medical deterrent to alcoholism because ingestion of alcohol supervision and usually hospitalization. Tranquilizers will produce the unplcasant reaction. It can be are commonly administered to reduce the symptoms extremely helpful in support of other program. and prevent the development of delirium tremens. elements. The courts may require individuals to take Medical management usually also includes the Antabuse regularly in order to retain or get back their administration of fluids, electrolytes, and vitamins, driver's licenses. In some cases, it may be appropriate Individuals with more severe withdrawal symptoms for the counselor to require Antabuse maintenance and greater organic damage will require chronic to help alcoholic clients keep their jobs, stay in school, detoxication for 3 to 6 months. Medical monitoring will and the like. be needed intermittently to counter the adverse effects Modification of par group identity may be achieved of alcohol on the digestive, nervous, and endocrine through membership in a self-help group which, for systems. The physician may prescribe vitamins, many alcoholics, will be the mainstay of treatment. In special diets, and specific drugs. this country, the established, effective, and available In addition,alcoholics may have asscriated illnesses, self-help group is Akoholics Anonymous (AA). This such as psychiatric disorders nr emphysema, which group is based on the philosophy that alcoholics can require appropriate treatment. Because the needs of gather together and provide each other with support clients will vary so widely, it is important that the for sobriety and recovery. The principles and methods counselor identify at least one physician he can rely for recovery are incorporated in a 12-step program. upon for this aspect of the total treatment plan. Alcoholics Anonymous and its companion _ py ^ -:���� ri; �i hiJi 1Ta Lr L4r l :_ :1: 1 238 Fox, Conway, and Schweigler organizations, Alanon for adult family members and vocational training. The applicant makes these Alateen and Alatot for their offspring, are highly requests quite firmly and expects the counselor to make available, virtually free, and indisputedly effective for a decision immediately. Any attempt on the ry, a great many alcoholics and their families. Especially counselor's part to evaluate such requests against the when family members are inadvertently contributing applicant's vocational, social, educational, and to the client's alcoholism and dependency,they should medical background is apt to be met with bewilderment be strongly encouraged to become involved in the or anger. Alanon and Alateen programs to help them Vocational planning is dependent upon first, a understand their role in the total treatment program to reasonable amount of sobriety, and second, the the greatest degree possible. assessment of individual strengths and problem areas. Any counselor who is going to accept even one client It is essential that the counselor help the client a year with alcoholism is grossly negligent if he does recognize that entering and maintaining a program not develop a working knowledge of, and relationship designed to help him remain abstinent must be with, Alcoholics Anonymous. This can be simply accomplished before any job seeking or retraining is and pleasantly accomplished. Local chapters usually undertaken. The counselor must then determine what have at least one open meeting a' week to which the individual client's past job difficulties were. most members would be delighted to invite a Common problems include inability to tolerate stress, 'r counselor. AA literature is easily available, lack of job skills, or attempting to achieve beyond inexpensive,and quite readable,and every community ability level. With this information, the counselor and has many stable members who would be most willing client should develop rehabilitation plans. to sponsor an appropriate new member. Groups have There is great variance in individual client's responses their own traditions and procedures which they adhere to different situations. Some are more successful working to quite rigidly. If the counselor becomes familiar with wish people,and others are more successful working with these traditions and procedures and respects them, the data and things.Careful work history,vocational assess- AA group will be an excellent ally for his client's ment,and individual evaluation are critical.Consultation recovery. with other members of the client's treatment team is Some clients, for physical, psychological, or other most important in making,these determinations. reasons, are not able to use Alcoholics Anonymous as In general, alcoholics must be helped to avoid three their recovery mainstay. This is especially likely to be common pitfalls: (a) helleving that an appropriate job true early in the recovery process. Tl�ase iiiJiviJu.�ls will "cure" their alculiulism; (V) uvcieuminitting may need various levels of professional treatment themselves by working too many hours or too many directed toward preparing them for entry into a regular days; and (c) taking on more responsibility than they alcoholism treatment program. This preparation are stable enough to handle. Usually the alcoholic usually takes 1 to 4 months, and can be provided by . should not be encouraged to undertake retraining or a some combination of medical, psychological,spiritual, new type of job until he has achieved anbriety for 6 to and social service. Usually a combination of hospital, 12 months. planning must be directed toward helping day care, outpatient, and residential settings is needed the individual establish an environment of low for this type of preparatory treatment. pressure. Continued observation and supervision by the counselor while the client participates in treatment VOCATIONAL IMPLICATIONS and retains an easily managed job can be a most useful technique. Progressive loss of work skills or inability to develop The client's potential skills frequently exceed his new skills is often the best early indication of alcohol ability-to tolerate stress. It is important to remember addiction. Industry leaders have estimated that 60-80 that stress tolerance is usually lowest early in treatment percent of persistent job performance problems are a but can be expected to improve slowly over the next 3 direct result of alcoholism. Although the disease is years.Often the client does not adequately perceive his more prevalent in certain occupations, virtually no low stress tolerance and the counselor must group is immune.Actual or impending job loos is quite continuously monitor the client's tendency to frequently the reason individuals seek treatment for overextend. The stressfulness of the client's their alcoholism. The counselor can often intervene at environment can be increased gradually as his this point to help the client retain his job while he tolerance increases. A series of short-term, easily participates in a treatment program. fttainable goals is the best way to achieve this. During the early phases of recovery, the alcoholic is The counselor should be aware that stress and unrealistic in assessing his readiness and capability to anxiety are likely to increase whenever the client is rc-establish ocational, social, and emotional undergoing some type of change and he should be involvement. A great many alcoholics bring only one prepared to offer greater structure and support during or two commonly heard requests to a rehabilitation these periods. Repeated crisis counseling regarding counselor: (a) help me get a job, or (b) help me get work relationships and job stresses can be a mainstay 02-1A-94 ONS Mit FROM CONTRA COS'T'S LEGL RV ..J I !. Alcoholism 2S9 of the client's recovery. Practicing and recovering The clearinghouse is a mgjor source of current information i alcoholics are excellent in short-term employment or in all areas of alcoholism. The annotated bibliographies training situations. Many have excellent job-finding (Grouped Interest Guides) are periodically updated, and skills, and it is not atypical to encounter an alcoholic the one entitled Rehabilitation Strategies for Alcohol who is able to get one or more jobs per month. Abusers is particularly valuable. In addition, the clearinghouse provides an ongoing awareness service to its However, poor long-term job performance patterns subscribers. This resource is free. can be expected. National Council on Alcoholism Criteria Committee: i The vocational counselor is an essential component Criteria for the diagnosing of alcoholism. AM J Psychiatry of the comprehensive alcoholic treatment team. In the 192:127-195, 1972. preventive maintenance period of recovery, the This effort by the council expands the basis far the counselor-client relationship will be most critical. The diagnosis of alcoholism,which commonly has been delayed 1 vocational counselor is most able to relate to the until the late stages when body organs are damaged.The recovering person during the early period of re- criteria include behavioral, social, and physical trends in employment and is therefore in a key position to the patient which can aid in the early recognition of the positively influence the final rehabilitation outcome. illness. Rowntree GR, Brand J: The employee with alcohol, drug, BIBLIOGRAPHY and emotional problems. A Kentucky occupational program.J Occup Med 17:529-982. 1975. Alcoholics Anonymous World Seroires, Inc. Alcoholics This article describes�a program designed to identify Anonymous,.Box 459,Grand Central Station, New York, ` troubled employees, 50 percent of whom will have NY 10017 alcoholism,on the basis of deteriorating job performance. ;J Commonly referred to as "The Big Book," this is the Early intervention and referral are discussed. basic text and description of the AA program. As AA is Seixas FA Cadaret R. Eggleston S (els): Thee FYrsoa will, the most widely available and inexpensive resource for Ataohotisin Ann NY Asad Sci 293, 15 Apr. 1974, the recovering person, it is incumbent upon the counselor The issue is devoted to the psychiatric aspects of to be familiar with it. alcoholism. There are articles an various psychological Catan:aro RJ: General aspects of treatment. In characteristics and problems of alcoholics and on various Cantansaro RJ (ed): Al oWixmr The Total Trttstmestt psychotherapeutic approaches to alcoholism treatrneut, Approach, Thomas, Springfield, IL, 1968, Wiseman JP: Smtroess of the Lost. The Tnsslmeat of Shill An overview of the multidisciplinary, multiphased Row Alcokolics. Prentice-Hall,Englewood Cliffs,NJ, 1910, approach to alcoholism treatment. The counselor can Dr. Wiseman offers two views, often contradictory, of find important information on the acute phase, family rehabilitation; namely, the view of the providers and the involvement, and AA in the tntal treatment approach, view of the consumers of services in the Skid Row i Gates NJ, Hanson IBJ: Sobriety: Problems, challenges stud subpopulation. Chapters 1 and 9 provide descriptions of solutions. Am J Psychother 90(2):256-66, 1976, these separate perspectives, which can be gernrlsliaed to Ten wives of alcoholics participated in group therapy for 2 other alcoholic populations seeking services. years. The now problems they encountered as a result of their husbands` sobriety are described in this article. Hough GS:A behavioral approach to alcoholism. Nurs Clin North Am 11: 507-516, 1976. This article describes a behavioral approach used in the i treatment of alcoholism.The goals of the program include either abstinence or controlled drinking for problem drinkers who do not have any medical reason for abstinence. Lowe WC,Thomas SM Assessing alcoholism treatment effec- tiveness.A comparison of three evaluative measures.J Stud Alcohol 87:888-589, 1976. This article describes three criteria which were used to evaluate the success rate of an alcoholism treatment program: vocational rehabilitation, abstinence, and behavior(such as number of drinking episodes,fancily and marital adjustment, and participation in outpatient program). Mullan H: Vocational counseling with the alcoholic. In Mullan H, Sanguiliano 1: Akohalitm Grassi Psydioshriapy and Rehabilitation, Springfield, 11, 175-204. Thomas, 1966. This chapter offers a comparative analysis of the vocational counselor's role and approach and that of the psycho- therapist. National Clearinghouse for Alcohol Information_(NCALI), ' PO Box 2345 Rockville, MD 70850. i H.4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 18. 1994 by the following vote: AYES: Supervisors Smith, Bishop, McPeak and Powers NOES: None ABSENT: Supervisor Torhdmn ABSTAIN: None SUBJECT: Hearing On Appeal From Administrative Decision Rendered On General Assistance Benefits Filed By Jess James This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing. on the appeal from administrative decision rendered on General Assistance benefits filed by Jess James. Jewel Mansapit, General Assistance Program Analyst, Social Service Department, advised of a request for a continuance of this hearing. IT IS BY THE BOARD ORDERED that the hearing on the above matter is CONTINUED to January 25, 1994 at 2 : 00 p.m. I Wereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Su isors on the date shown. ATTESTED: PHILlillffCHELOR lark of the Board o Perm and County ministrator 0 Orig. Dept. : Clerk of the' Board By Dept CC: Social Service Department Appeals Unit Program Analyst County Counsel County Administrator Jess James Contra Costa Legal Services Foundation Attn: Eleanor Madrigal I 14 01-13-1994 02:57PM FRO#CLSF-pitts-4324675 TO- 6461059 P.02 LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION - moid Office Tewpbone 1017 Macdonald Avenue West County(5 10)233-9954 P.O.BOX=9 East(510)439-9166 Richmond,California 94802 CoMml(510)372-820 Fax(510)23"U6 January 13, 1994 Jewell Mansapit, GA Program Analyst 40 Douglas Drive Martinez, CA 94553 Re: Jess James Continuance of GA Board Hearing Dear Ms. Mansapit: This is to confirm our conference last week regarding the January 18th GA Board Hearing for our client, Jess James, which you agreed to continue to January 25, 1994. In reliance on this, we have advised our client that there is no need for him to attend a Board Hearing on January 18th as this has been continued to January 25th. Your courtesy and consideration is greatly appreciated. We look forward to working with you. Sin rely Yours gal, e or Mad Ji Paralegal co: Clerk of the Board of Supervisors Jess James TOTAL P.02 yy � E LAW-OMCFs OF CONTRA COSTA LEGAL SER'V'ICES FOUNDATION Main Office Telephone 1017 Msedonald Manua wan County(5 10)233-9954 P.O.Box 2289 Ear.(5 10)439-9146 Richmond,California 94802 Comm!(510)372-8209 Fax(510)23644 TELECOPIER TRANSMISSION COVER MEMQRANDUK DATE: - I TO: 6Lr FIRM: FAX NO: ' FROM: RE: TOTAL NUMBER OF PAGES (including cover sheet) : COMMENTS: PLS: DO ONE OR MORE OF THE FOLLOWING: Please deliver immediately to the Recipient.. Please request the Recipient to telephone the Binder immediately upon receipt and review. Please have the Recipient verify receipt by telephone. Original will not follow. original will follow by (check one of the following) : Regular Mail ' Certified Nail, Return Receipt Reques Express Mail Federal Express Other: (FOR QUESTIONS CALL: (510) 333-9954) The information contained in this transmission is privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal service. Thank you. } ....r i",OST i CS F � - � . LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Tolephono 1017 M•edomid Avsnua Wast County(510)233.9994 P.O.Box 2289 East(510)439-9166 Richmond,C4111brWA 949M Cwural(s 10)372.8209 Fox(310)236.6846 BEFORE THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY In the batter of: :i Jess James Re: Board Hearing on Termination of GA Benefits and 3 month Period of Ineligibility County No. 07-09-X437022- C4FD Date of Hearing Decision: 12-1-93 Statement of Facts This is an appeal of a hearing decision which found that Mr. ' James willfully failed, without good cause, to participate in Workfare assignments on 9/23/93 and 9/30/93. He did not keep the appointments because he had received a notice from the social Services Department that his aid was being terminated for a - previousl alleged noncompliance and he did not realize he must continue to participant in Workfare while his appeal of .the termination was pending. The hearing decision should be set aside on this ground alone. However, in addition, the decision !'should be set aside because the claimant is disabled, unable to work because of his chronic alcoholism and should be exempt from participation in Workfare. This disability causes Mx. James to drink to the point of drunkenness every day, causes him to be confused and lacking in concentration and, sometimes, cause him to blackout. Because of his alcoholism, GAADDS. has classified Mr. James as chemically dependent. The Hearing Officer found that Mr. James had not met his "burden" of proving that he is disabled. Mr. James has requested the County Health Department to do an evaluation of the effect of his alcoholism on his mental health. He has been informed by the Health Department that since he is not in "crisis" no mental health evaluation can be j performed. Since Mr. James does not have money to pay for a private evaluation, the County Health Services Department decision has' left him with no ability to obtain verification of, and treatment for, his mental illness. Statement of the Law The County's failure to provide a mental health examination for Mr. James and then to discontinue his GA because he has iT-04 I_i_it ='4f F F;t;��ir T :.; S-,,; failed to prove his disability is a violation of the American's With Disabilities Act and also the requirements of stats law that aid shall be administered in a reasonable and humans manner. Further, the denial of a mental evaluation by the County Health Services Department violates the standard of aid under the Basic Adult Care (BAC) program since it provides for 20 outpatient visits of mental health care. The Rearing Decision's finding that Mr. Fames willfully failed without good cause to participate in Workfare is not supported by the record. Conclusion The decision to terminate Mr. James, GA and impose a three month period of ineligibility should be set aside. Dated: January 14, 1994 Respectfully Submitted, JP .111 Eleanor Madrigal, :i Paralegal. 01-13-1994 02:57Ph1 FRDI&CL6F-Pitts-432-1675 TO � .6461059 P.01 LAW 0FFIM OF CONTRA COSTA LEGA, SERVICES FOUNDATION Main Office _ 1017 MAC&MW A^veMe Wait Coua*{511 2334954 P.O.Boy 2289 Pmt 010)4394166 Rima,CAMOMIa 949M opt(510)"24200 w Psx.�310j236d846 TELPCOPIER TRIM Mlss3slOW c0'ii'ER XWOPAMUM DATE: TO: ?IRK; - - .FAY• NO: 25 .. MAL NUX'BER OF PAGES l including cover sheet):' 3O: TS: • x.�.rr rer..�� .. rr_ ��i.r rn • PtZASB`D0. ONE •CR X6RE OF 'TIM FOL•LOWXNG.. Plcase'.'deliver immediately to. the Recipiett. Please request'•. he .Recipa.ent to telephone the >seni3ex iai>nietisteiy upon: re+c'oipt and' review:; .::.... Pleas+s, hsve' th+a. 2tc14ient .vera:fy 'receipt b • to epbcao. vriginal:.•,will: not. follow. Original Pill follow by {'check one of the' .following) :.�... • Resw2ar. �Eai1 .Cartif%ed Mail.. :Return Reoeig 'Requ,ested .:• : •� l' Express Mai . . . ••• . .Federa3' •Express • • • • . .i rOR: •QUESTIONS', CALL: . (SID) 233-4-954a -The information contained •in.:this. transmission- is piriviloged: agdl confidential.• Yt .Ls: 'intehd+ed 6nly• dr th+e: Tisa of the. lirsdiv�.dusl or• entity.'- named. aborts. If ' thqi.reader of of.this.;messag4' is: not. the intended•'reeipient, -you are 'hereby. a+otified their' ang di$ eiaY3.atiativa, distribution or copy ,cif •this awmmuhication is , strictly prohibited.. '.If.yotl.have received>thi's .cametuayicat3-on in error, p]:sase p6tify. 45. 3mipodUtsly by telohahe-.and return.this original.-messenger to us at the 'aboveaddress vial the tF S.. Postai. Service. .Thank yoit. .. _ _ i-as 94 �•y P CLERK OF THE BOARD Inter-Office Memo ` TO: Social Services Department DATE: December 15, 1993 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 Jess James Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing by January 11, 1994 plus any information which your department may wish to file for the Board appeal which is set for 2 :30 p.m. on Tuesday, January 18, 1994 . Attachment cc: Board members County Administrator County Counsel The Board of Supervilers Contra i Cerrk"oft Batchelor and County Administration BuildingCQSta 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 r Surma Wright Mcpesk 4th District •yx Tom Torlakson,5th District ":.ate December 14, 1993 r>; Mr. Jess James P.O. Box 389 Bethel Island, CA 94511 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 :30 p.m.. on Tuesday, January 18, 1994 . 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 ' str r LDeputy Byn,Cervelli, Clerk Enclosure CC: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator Contra Costa Legal Services Foundation 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 s:sssasas:=sssss:sass=ssssssssssss::asssas:as:=ss==== SUBJEM. General Assistance Hearing } Resolution Number 92/.L54 and Appeal Procedures } The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365,75/28, 87/468,and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: Pan 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date, of proposed action which will reduce,suspend or terminate his or her General Assistance grant for cause.Prior notice is not required for action resulting from Board of Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department hearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a hearing within fourteen days of the date the Notice of Action was mailed.Absent evidence to the contrary,the notice is presumed to have been mailed on the date it bears, and a request for a hearing 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 hearing. 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 bearing has been received,the claim may be reviewed and resolved in the claimant's favor by a pre bearing review. (a) Proposed prebearsng 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 hearing 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 hearing will not be continued beyond the hearing 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 NIAMER 92/554 (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 heating record is dosed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the daimant.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 sithin fourteen days after the decision has been mailed to the claimant.Absent evidence showing the contrary, a beating 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. Tine Administrative Review Panel may review appeals of Heating decisions and recommend proposed action to the Director. ; (a) U the Director supports the bearing decision,the Appeals unit will be notified to proceed with the presentation to the Board. (b) U the Director finds in favor of the claimant, the Qerk of the Board will be notified to withdraw the item irom the Board agenda.The appropriate Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department must 5k all written materials at kart me weep before the due set for the Board bearing.New material must be served by mau on the opposing party. 205. (a) Upon hearing the appeal.the Board:batt 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 arty papers filed witb that Officer. (b) If the facts upon whicb the appeal is based are not in dispute or ff any disputed facts am not relevant to the issue ultimately to be decided by tine Board,the Board will proceed immediately to the next step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLLMOl\NU,N3ER 92/3 206. • (a) Ona the facts are determined,or if there are no fact determinations required by the appeal, • the Board will consider legal issues presented by the appeal.Legal issues are to be framed, insofar as possible,before the Hearing and shall be based on the Department's Hearing Officer's decision and such other papers as may be filed. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. V 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 tate the appeal under xsubmissioa I tool am" ra"+M ek is�a t��.��.epi us an ra+ k*n W4 a aaM d swv+ 2. IL'aATCHU ,C404 of to&are at&Owv m ane CounbAdMWAWSW RESOLUTION NUMBER 92/ LTL4 r• " EuL�FV F'Ct�/0��/F 12- 3-9 ?ROY' Gu��T LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue Weet County(510)133.9434 P.O.Box 3284 E"(510)439-4166 ilichmand.California 44802 Cemral(3 10)371-8100 Fax(910)236-dW December 13, 1993 By Fax Clerk Board of Supervisors Contra Costa County 651 Pine Street Martina, CA 94553 RE: Appeal to the Hoard jeng .Alamos - general Assigtance Dear Members of the Board: This is to appeal the General Assistance evidentiary hearing decision dated December 1, 1993, which upheld the determination of the Department of Social Servicers to terminate General Assistance benefits for Gess James. Please send a copy of the notice of the Board hearing on this appeal to both the claimant and the undersigned. Thank you. Sincerely, Contra Costa Legal Services Foundation By. r •XEl�emnor Madr g Paralegal cc: Jose James P.Q. BOX 389 Bethel island, CA 94511 DEC — 1 —"93 MOM 1 G 44 P . 0 1 Social Service Department Pest ''brand fax transmittal m�Fr o #91 P091111 R Contra o Pertacta Villarreal � Dilec cr Costa MOW# Count� Fnz 0TIP Pax N dr 9 GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION .. ' , E Jess James P»0. BOX '389 Bethel Island, CA 94511 County No. : 07 09-437022-C4FD Notice of Action: 10/11/93; 10/12/93 Effective Date: 10/31/93 Appeal Filing bate! 10/15/93 Aid Paid Pending: Yes Date of Hearing: 11/23/93 Pla.oe of Hearing: Antioch, California Appeals Officer: Kate Qui,senbe:rry County Representative: C. -Dudley Authorized Representative E. Madrigal, Legal Sex-vices Foundation Z.sMILL Whether the proposed discontinuance of SGenera� Assistance for willful failure to participate- fn workfare assignment on 9/23/93 and 9/30/93 is correct. .Claimant has .-been a recip4ent of General Assistance since 1991 with ittermittent breaks in eligibAity. He most recently signed the General Assistance Coop6ration . Notice on August 26, 1993 and received : notice of his Workfare assignments. On 8/26/93 he completed. the Genera, Assistance Health Questionnaire stating that, he had ho alcohol or medical .problem9. 0n 9/25/93 he completed the form again stating that he. used. a 12 .pack of alcohol each day. He claimed that-he had high blood pressure but denied any other health p>`ob3-em. :.He failed to appear for his assignments on 9/23 and 9,/30, . Od *fai'led to contact work programs either prior to or following DEC -`13 - •9Z MOM 165 � P . 02 James Page 2 :the failures to explain them. Goad Cause was not presented to Work 1Pr49rams, and. the failure was deemed willful. The three nonth period of ineligibility . is based on prior willful failures on . 6/2,6/93' (Job Club) and : on 6/2/93 (GAADDS) . lie is a mandatary participant in GAADDS. The. findingof willfulness .was based on Claimantis knowledge of the assightent, an absence of good cause, and a finding that failure to appear was intentional. Claimant's position was that be should be excused from failure to appear for 'Workfare assigti ients because he is disabled byalcohol . As: +evidence of alcohoIjs'iAR:' he :+cited 'mandatory referral to GAADDS. . .He° testified he drinks.i 66tly.beaz every day, having 4-6 beers each -dad-and° sometimes takes hard liquor. He testified that his normal day activities are: :he wakes, up, has a- beer - and cigarette, and takes: his dog- for a run.- He :comes back -and watches the news on '.T,.V. !He "bullshits' with his: buddies, and watches T.V. in the afternoon. He : "hussels a Job. every once and a while". He drinks with his buddies, watches-. V*qt?all, and plays some chess. He drunks sobttimes -in the aft0erinaore°*and. evenings. He is in bed at 9:40 p.m ; or'_10400* p.m. . He wakes up .3. or 4 times a night and watches a little T«V. to get back to sleep. Sometimes he drinks a beer. He -.wa"s. incarcerated one t3.me for 45 days during which time he did not- drink, but resumed' drihkIng upon: hist release because he likes it, Fie :cl;alm d he has ii•ff�icusxty in concentration' ,, and gave as an exampi.e that his mind, wondera when he is reading and that when Milking- t.o one person he �aay;-be thi.nki»g .about another person. He claimed that -he 'had black-outs' occasionally. Testimony, relevant to facts surrounding his Workfare assignment was that he had been forced% ou't of his apartment on September l or 2 and had ptoblems with. h3:s .gir:'1 , friend who had moved in with his best.:�r�iend. .He also testified that in light of his prior appeal he. was. not .sure whether- he.,was, regui r ed to appear for workfare. He testi.fied . that he tried his .best, to keep 'workfare and needed the f-ina' �cial help. He te'sti.fi:ed, that he had previously denied alcohol abuse: because be was telling the 'county what it wanted to hear. He testified that he was -having-'problems 9/23-9/30 but that he could handle workfare. No medical evidence of disa.bi.lity was presented. in hearing and no clair of unemployability was previously' presented to the County. Elf I�dT 3 .,► SITU D.60rtment ,Manual Section 49.111,Yx,B, provides. that in accordance with 42 USC section 12132 {Subchapter XX--Public Services) of the DEC -rl 3 •- 9Z Mom 1 E► 5 P _ dames Page 3• Americans with Disabilities Act, ..no qualified individual with a disabi .ity .shall, ; G� l uc . diSAb3 gty. be excluded from pgrti.c:ipstioh in or •denied t:he benefits of the General Assistance program. . 1: Any.: failure to comply with the. policies or regulations. governing General Assistance, which occurs by reason of a physical or mental in"kpaitment that substantially limits ane: or .more of the major life- activities of that individuals by reatiph of •a record of such impairments or by reason oaf rush- individual •being• regarded as havixig such an impairment, shah: be for good +cause and be excused. 2. The; burden 'of.!pr*of to. establish that- such failure to comply occurred by. rees6n bf a disability is on the applicant or rccipientt and such showing .may be rebutted by the Departaent. Nepartihent Manual .Section .49. 111,1119 13.a, provides that fib. Ae ns,; with• respect • :to ah ihdividual, a physical or mental impairment that substahtiol.ly limits one br more of the major life adtiv'iti ea of such individual s- a -record of such an impairment; or • .l Ping regarded -as havifig such impairment. .Department Manual Section 49-2-l.1,II`,s,3,e, provides that the phrase ► Z~. 1l 'e ,^actimi ties ; mems: functions such as, caring for one*. s t9el.f, +erfor#+ing manual,. tasks,, walking,, seeing? hearing, speaking, reathin9f learning, and working. Department Manual Section +49-210,II,A,1, provides that an . •i•hdividual who does not have • a medically verified physical -or . mental. -disability,, -' of who has not been determined to be unamployable�by. the Vocational Couhsel•or, is considered employable. Ppard of Supervisors Resolution 192/857 adopted December 15, 1992, ° provides:.' ' PArt 7,. Section 703. A ;rpci.p,ignt who fails or refuses to comply. With General,: Assistance Programa requirements as expressed in this • resolution.or' in• the Social Service 'Department Manual of Policies ihd -Procedures shall be -discontinued aid and sanctions will be : i4osea as follows unless' the recipient shows- that the failure or refusal to comply was far -good cause. Department Manual Section .49-111,IT,F,2, provides that a recipiaot .who . fails to cooperafi6 with. the Social Service Department by .!• Caning •to ,meet any ons' of his or her enumerated. responsibiIittes iAthout� good cause, •0411 be �di:scontinued aid, 'and sanctions will tie imposed as follows: . at. first failure: :one month. b. second failures three months. dip M C 93 mom P . 04 James P6qe 4 . c. third failure: six -months. DOpartment Manual Section 49-1111 rl..Gi 2 provides that the reasons. wiach,-es" t*abIish good caditexor a failure to cooperate or comply are' Ob to verification and .include, but are not limited to., the llowing: a. : the failure occurred by reason of a disability under , the Americanswith'Disabilities Act 1) The- burden 6f proof to establish that the failure ocogrredbe6ause of a. disability is on the applicant :car. -recipient 2) The. applican'lt/re.clpientfs showing may be, rebutted .by :the Department b. -employment has be. ri obtained, C. scheduled job intexvieW,.'or testing, d. i".ndatork court appearance, 6. jhcarc' arationo, f. illness, g: death in the family, h.- other substantial. .and compelling reason. These must be re4idwed and -approvpd .by the Diviisidin Manager. ,poportmOot Manual Section 49!­121.11XIIfl1 provides that a willful -act ' .is! one that is t ron 9%2=62 9x CAUSU it: n�6d. hot be do6i %4ith a spbolfto purpose violate program requirements. ,.6. : .:The burden of prooi -to-'establish good cause, Wch may nQt-X;,lJJUI is on :the -I pp'l .icannt.. e cPle Departmentnay reknit a- showIng of good cause by Uke to comply was willful, proving that .,the'.fa 11 in which ' the Deportment case* bets the'.burden of 'proof -c. Stn all cases it is pres.uxed:­ subject to 'rebuttal 1 that the ordinary cond6guences ' 'I the. applicant/recipient's . !voluntary acts are -int6ntioinalf and thus willful. . -2. Willfulness cannot .be found where the person is mentally -.disabled to the extent. that s/he does not. understand his/her responsibilities *.or is indapable of fulfilling them. .3. Conduct which involves ne9l-$9e-ncet inadvertence,, or disability mayor may not be 1 wi I I fUl a. �.Three or wore. acts of negligent failure of the recipient to follow program reqUirengnts, which may include acts for which the recipient previously has been discontinued from aid or sanctioned, evidence willfulness. Deper tPent Manual Section , 51-501#111B,,10# provides that ViriioiP:ants in the Workfare program are required to work as OL ^^"A4*f^n of v-onpivina a.Rslstand e, DEC - i 3 - 93 MOM is ' r ' Fames Page 5 There was no showing that:claimant was unable to.,perform major life functions,, and the claim "at, he drinks too 'vudh is of itself iftad*quate to meat 'the regu .story def initz:©n - of disability. . claimant*ss testimony showed, ,that ;'he retained hiss facilities su£f viently to play mess, .:talo the 'dog for a roh0 and participate in. daily .activities. : Thus, it is concluded that he was as well ' sl capatile. 'of performing Workfik6 A'isicjnment.m His'.O,xouse that he- was under ttesa during the periad-'of-!th' two: assigObents, may show that :he did :riot feed, like assignment but it does not ihdw - th'at-. he was prevented:: -fr6m appearing . far workfare. ate . . prOsentod no evidence to . este this - Good cagde as defined by. reguiatiol, above, anis his test�ir%6ny. that he was confused about t ether he , had to appe;!r fc>r .w ►r C= .Fare in light of his prier. Uled quest was not ckedib e, . That bearirag request had been o» : �' 4, after the 'fa 1ukes, .occurr d, and the need to appear fdr :appointments was revs iod ::t� '�h} hip on 8/26 A 2t i s concluded thAt- -fail'ur:e to appear for"' ;wor��a�e isssipment was an intend0d f_aa.lu 'e« :and not the :resin:# of. i*.O� ake,: simple: neglect, or go+ d , taus�e. : 'Accordingly,, the-C' 'i*►�a3 gr. used action is upheld. ClAim denied. Kate Dmisenherry. 5o:+cial. Services Appeals .Officer Date Apes s*�Vrogram manager Date Xf you . ,are dissatisfied. Vith .-this decision yqu may appeal the skaitter directly to the sCottra costa County .Board of Supervisors.. Apealss must be filed inwr�:t3�ng :with the Clerk.-of the Board; 6$1 Fine $t. .1', Martinez, CA. ��94553. . :; Appeals must, be filed within f6urteen ' (14) days of this :' data ` of this W dentiary Hear1#9—. ciision y' No, further aid 3s paid pending- 4 '--Board of Supe"Isors appeal. LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue West County(510)233-9954 P.O.Box 2289 East(510)439-9166 Richmond,California 94802 Central(510)372-8209 Fax(510)236-6846 December 13, 1993 By Fax Clerk Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 RE: Appeal to the Board Jess James - General Assistance Dear Members of the Board: This is to appeal the General Assistance evidentiary hearing decision dated December 1, 1993, which upheld the determination of the Department of Social Services to terminate General Assistance benefits for Jess James. Please send a copy of the notice of the Board hearing on this appeal to both the claimant and the undersigned. Thank you. Sincerely, Contra Costa Legal Services Foundation By: Eleanor Madrig Paralegal cc: Jess James P.O. Box 389 Bethel Island, CA 94511 L.AW OF1=i ES or CONTRA COSTA LEGAL SERVICES FOUNDATION Main Otto Towhow 1017 MacdonaW Avahto Weaa County(M)233.4994 P.Q.BOX 2289 F (310)43"166 RlehmoW,a alfebtnua 44802 e:oMW(M)372.82W Fax(5 10)23"M TELLOOPIER TRANSMYBSION COVER MXtORANDUK DATE:TO: —Clerk of the Board of. SuRei t=tsars _ FIRMs fonts Qsta County FAX NO —646-1052 - - -- FROMC R*Jpanor Madrigal, CCLSV_ - REs r mss.Appea 1 s of Hearing ecision - General Assistance TOTAL LAMER OF PACE8 (including cover sheets 2 CONXENT8: mail service PLEASE bO ONE OR MORE OF THE FOLLOWING: Please deliver immediately to the Recipient- Please request the Recipient to telephone the sender i#anediately upon receipt and review. Please have the Recipient verify receipt by telephone. Original will not follow. -X.X. original will follow by (check one of the following) s Regular Mail Certified mail, Return Receipt Requested Escpress !tail Federal Express Others (FOR QUESTIONS CALLS (510) 333-9954) The information Contained in this transmission is privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you ars hereby - notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. 6P1 LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telepitons 1017 Macdoneid Avenue West County(510)233.9994 P.O.Box 2289 But 010)439-9166 Richnkmid,Calif f 94802 Cotural(310)372-8209 Fox(310)236.6846 December 13, 1993 By Fax Clerk Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 RE: Appeal to the Board Jes111blames- - unteral Ass,stance Dear Members of the Board: This is to appeal the General Assistance evidentiary hearing decision slated December 1, 1993, which upheld the determination of the Department of Social Services to terminate General . Assistance benefits for Jess names. Please send a copy of the notice of the Board hearing on this appeal to both the claimant and the undersigned. Thank you. Sincerely, Contra Costa Legal, Services Foundation By: Eleanor Madr g Paralegal cc: Jose James P.O. Boat 389 Bethel Island, CA 94511. LEC —.1 — 9.3 MON 1 4044 Social Service Department t-� �r��,�fax�r����itt�t memo '� yar,�, Perfecto Vl11::;ers! Fr t�'"�.f�! .1L;� �'a--�•- -�.. a�,cawr Cos 44.E Co. Rana I COUnt� +, Fox A ! 1,� �� � .w.....r.........,.w....�..........t.,-�.-.+�.w-.r•..r.r.,rr...-w.-..+—..r--.mow—.. GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION Jess James P.O. Box 389• Bethel Island, CA 9451.1. County No. : 07 09-437823-C4FD Notice of Action: 10/11/93; 10/12/93 Effective bate: 10/31/03 Appeal Filing Dates 10/15/93 ' Aid Paid Pending: Yes Date of Hearing: 11/23/93 Place of Hearing% Antioch, California Appeals Officer: Kate Qui:senberry County Representative: C. Dudl-ey Authorited Representative: S. Madrigal, Legal Services Foundation ILA-51 I Wh.ether the proposed discontinuance of Genera. Assistance for willful failure to participate- in Workfare assignment on 9/23/93 and 9/30/93 is correct. Claimant has .been a recipient of General. Assistance since 1991 with iii termite breaks i.n elxg�bilxty. t He most recently signed the General . ,assistance Cooperation Notices on August 26, 1993 and received - notice of his Ulbrkfare assignments. On 8/26/93 he completed• the General, Assistance .Health Questionnaire stating that he had no alcohol o,r medical problems. On 9,/25/93 he completed the form again stating that he used a 12 pack of alcohol each day. He clalmod that..he had high blood pressure but denied any other health problem. He failed to appear for hi.s assignments on. 9/23 and 9/30, . and failed to contact Mork programs either prior to or following DEO -+1 - 9 MON 1 411# 5 P - 02 Janes Page 2 the failures to explain them. Goqd Cause was not presented to Work Progrdzs, and the failure was deemed willful. The three month . period, of ineligibility - Is based on prior willful failures on S/2.6/93' (Job 'Club) and : on. 6/2/93 (GAADDS) . Ile is a mandatory participant in GAADDS. The- finding 'of. willfulness .was rkased on Claimant's knowledge of the assighnient, an 'absence of qood'eause, and a finding that failure to appear was intentional. Claimant's pogition was that he should be excused from failure to appear. for Vo�kfare assignments because he is dipabled by 'alc0hol. As evidehce of alc-oholism-,; he cited 'mandatory referral to GAADDS. 110teotifie'd he drinks 'Mq� stly -beer every'day, having 4-6 beers each day. -end, sometivies takes bitd liquor. ' He testified that his norzal dakes 14p, has a beer and cigarea tte, nd act ivities are: 'bd ':wa takdo his dog for a run. ffe' -comes back and watches the news on T.V. He "bullshits'", with. his buddies, and watches T.V. in the afternoon. He : "hussels a job .every once and a while". He drinks with bis -buddies, watches:Footballj qnd plays some chs es. He drinks -aotbtizes -in the after nio"Oh.lAnd. evenings. He is in bed at 9,,00 'V,!X oe.."10"14,60* p.m.*. He' wakes up 3* or 4 times a niqjht and wai�hes a jittlo. T.V. to get back to sleep. Sometimes he drinks a beer. He was. incarcerated one tite for 45 days during which time he did not drink;.buts ' resumed' driitkinj upon: .his, release because he likes it. He. he has ;d,'ifficaty In coricentration' , and gave as an w a :ex-applO thatmind his .orders when he is reading and that when ta.lki*nq- to one persd'n he may. 66 thiriking about another person. Ile claimed thath head -bla' c'k-'-outs occasionally. Te'stimony relevant to facts surrounding his Workfare assignment was that he had- been forced.. odt of his apartment on September I or 2 and had problems. with �i i 'g 9 . - - rl 'fr' iend who had moved in with his b4st1risild. He also testified that in light.of hit prior appeal he ,Oas* not .0ure whether he was- riequirad to appear for workfare.,. He testified that he tried his best to' kedp 'workfare and needed the fin"aiicial' helo. He tettified th4t he had previously denied alcohol 1 . &cause he was t4llin the 'county what it wanted to hear. He abu.se,: b" . .9 testified that he was having, problems 9/23-9/30 but that he could hh-ndle workfare. No medical evidence of disability was presented. in hearing and no claim unemployabilit�-r was previously presented to the County. -aim: of s p6pbrtment Manual Sectioan 49-111,II,Bt provides. that in accordance with 42 USC section 1213.2 (Subehapter 11—Public services) of the LEC -`1 3 - '33 MON 1445 FI _ 4TrlYti�s Wage 3. Americans with Disabilities Adt, .,no qualified individual with a disability. shall., �timo- -Q Fes. Pr disk , y, be excluded from p4rticipation in or dein ed the b :iefits of the eveneral Assistance program. 1. ' Any; failure to comply with the. policies or regulations. governing General Assistance, which occurs by reason of a physical or menta! iipai.rment that substantially limits one. or .snore of -the major life activ~iti.ps of that individual; by .reapoh of a reward of such impairment; or by reason of such. individual being. regarded as having such an impai.x-sent, shall be for goad oaause and be excised. 2. 'The. burden of !proof to. 'estaibl,ish that such failure to comply occurred by reason of a disability is on the applicant or recipient) and such showing may be rebutted by the Department. De' partmQnt Manual .Secti.on 49-X3.1..3,Ix,S,3.a, provides that * Oeans r ; with respect . .to ah individual, a physical or mental 1poAtrtent that substantially limits one br more of the major life aotiv-tiep of such individ..ual; a -arecord of such. an impairment; or p.bing- regarded as havil q such impairment. .Department Manual Section 49-III,ir,B,3,e, provides that the phrase ..Vities means functions such as. caring for one's self, Sx`fiaral.ng manual tasks, :walking, seeing, hearing, speaking, breathing, lbarni,ng, and working. Dppart�aent Manual, section 49--210,ii,A,1, provides that an 4ndividual Oho does nit have a medically verified physical or mental; disa6ility, ' or who bas not been determined to be urxeimpldyable�by the vvcaitional Ouhselor, is considered employable. Board of Supervisors Resolution 192/857 adopted December 15, 1992r Provides !art 7 r. Section 703: A 'reci.gient who fails or refuses to comply. with Gpnera<l: Assistance Progtamr requirements as expressed in this rssol.uti.on or' in the Social Service .Department Manual of Policies and -Prbi cedures shall be disoontinued raid and sanctions will be : imposed as follows unless' the recipient shows- that the failure or refusal. to comply was for good .cau,se. Department Manual. Section 49 3.31,32,3',2, provides that a recipient Who . fails to cooperate with tie. Social Service Department by failinq -to ,meet any one of his or her enumerated responsibilities without good causer shall be -discontinued aid, 'and sanctions will 10b imposed as follows: +fir first fai lure: , ane zonth. b. second failure: three months. DEC - 13 - SZ MON 1 P . 04 Pidge 4 c. third failure: six months. D,Rpartment Manual Section 49­111,11..Gj2# provides that the reasons Which .establish good cause for a failure to cooperate or comply are .4objeat.' to verification and. incluclel but are not limited to,, the fol Iowing: a. the failure has occurred by reason of a disability under the Americans with Disabilities act 1) The burden of pro6f to establish that the failure occuered because of a. disability is on the applicant 'or reoipient 2) The Vplicanit/reqipientfs showing may be, rebutted -by the De-'Partment b. . employment hers. been *ob* tainod, c« scheduled job � nterviev�;.*or testing, d. ka.ndatory court appearance.. G. Jbcarcerationj' f. illness, q. death in the family, h. . other substantia.1 and ic-ompelling reason. These must be re VI&ed and approVed .by the DiVision Manager. Dppartmdnt Manual Section -49-111.,,11 f-ff,,I provides that a willful act is*70n, e' that is it n86d.- not be on a ' spetlffc .pUi-pose to violate program requit'em6nts. a..: .The burden of. ptcot to-'.....estgblish good cause, Wii-C11 Day. . ....... ---------- X fgis on tfio applicant/recipient. Department :may rebut a, showing of good cause by proving thAt:.the'.failuire to comply was willful, in which' case- the DOpartment has the'.burden of 'proof. q. In all cases it is presuzed: - subject to rebuttal, that the :,ordinary consequences of the applicant/recipient's -voluntary acts are -intentionale and thus willful. 2. .iii 1lftti,ne�ss cannot .be found where the person ,is mentally disabled to the ext-P �pt- that. s/4e does not understand his/her res-ponsibilities car As incapable of fulfilling them. . 3. Conduct which involves negl-igence, inadvertence, or disability . may :car may not bewillful, ..a. -Three or more acts of ;negligent failure of the recipient to follow program raqOirements; which may include acts for -which the recip�ent previously has been discontinued from aid or Sanctioned, evidence willfulness. Doper twent Manual Section , 51-501111?8,10# provides that partici pants in the Workfare Program are required to work as OL condition of receiving ossistAncee DEC — 1 3 - 93 •IY1QM7 � P 05 J iii C?a page 5 T!Iere was no showing that Claimant was unable to perform major life• functions, and the claim that. -he. dki,nks too ' much is of itself Lhadecqua•t.e to meet 'thy: recUl.atory definition • of disability. Claimant's testimony showed: .th;a� he retained his facilities. suffia•iently to •play chess, .:take the dog fok a ruga, and participate in daily .activities. Thus-, at .is.. concluded that he was as well capabld. 'o f perfo,rmi.ng; Workfax:a adsignment.. His' �Xouse that he was under stkess. dur#ng the .period-:0f`.tkie. two assiggjents may show that :ta. dial 'not feel like going .to •Work are a s,xgnxnent but it does' not show that. he was prevented• from; appearing for workfare: He presented. no evidence to . establish- -Good Cause as defined -by . regulatioAo above, and his that he Vas confused about whether: he .•had to appear• Arai: *6rk ,Fare in l.i'ght of his prf ' b'arIA4 ..roiquest was nbt credi6Z•e;6 . That hearin request had been f:,led. ori :9/�4, after the tailu%kes occurred, and-:thea need to appear fax appointiuents was reviewetid Ah•', hi>a- on 6/26. • .It is concluded that- failure to appedr foj' •woi-kfare-. assignmetit was ars intended f:a.a.lure•; arid• not the ;tesultl' Of': .ii� i. take, simple: neglect, or goad rause. . :Accordi.ngly, the'�Cban.ty-fs proposed action is upheld. Claim deni.•ed. ,..:�.� K t.. IN Social. Services Appeals Of• icer Date .., --- fat �k ipeal.s-:Viagiram Maragdr Xf you are dissatisfied. with . .this .decision you. may appeal the matter directly to the contia costa County Board of Supervisors.. Ap'eals -must be filed in wri.tin.g :with the Clerk -o€ the Board, 651 Pine 5t.. Martinez CA 94553. A.ppeals must be filed within fo rteen 14) 'days� 4f the dat'c of this Evidentiary Hear i,ng- befc isi.oh.' No further aid is paid pending a•saax:d of Supervisors appeal. H.1 TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: February 15, 1994 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING D E C I S I O N B Y C A R L B A L D W I N SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board accept the withdrawal of Carl Baldwin's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on October 14, 1993. The Hearing was scheduled for November 18, 1993. The claim was denied. Claimant has withdrawn his appeal to the Board. Signature: ACTION OF BOARD ON February 15, 1994 APPROVED AS RECOMMENDED x OTHER This is the time rescheduled for the hearing on the appeal by Carl Baldwin from the General Assistance Evidentiary Hearing decision. IT IS BY THE BOARD ORDERED that-.the above recommendation is APPROVED; and the withdrawal of Carl Baldwin' s appeal is ACCEPTED. VOTE OF SUPERVISORS _X UNANIMOUS (ABSENT ) AYES: NOES ABSENT ABSTAIN Contact: Jewel Mansapit, 313-1601 Original: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Social service Dept. AT'TES'TED February 15 , 1994 Appeals Unit PHIL BATCHELOR, CLERK OF THE Program Analyst BOARD OF SUPERVISORS AND County Counsel 000 TY ADMINISTRATOR County Administrator Carl Baldwin CC Legal Ser. Found. BY , DEPUTY 1\ RECEIVED FEB 4 Dear Board of Supervisors: WARD OF z—:jWSORS ,. CONTRA COSTACO. Please be advised that I am cancelling my Board GA appeal set for 2/15/94. Thank you very much.for your assistance. C'erely, CARLWIN 02-11-94 06:42 PM FROM CONTRA COSTA LEGLSRV P001/002/F90 LAW OPPICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main 011foe Telephone 1017 Macdonald Avenue West County(310)233-9954 P.O.Box 2269 Fast(5 10)439.9166 Richmond,California 949M Cental(510)372-8209 Fax(5 10)236-GM TELECOPIER TRANSMISSION COVER MEMORANDUM DATES. i 1.LQ 4 Ms. Jewel Mansapitt,Program Analyst TO: _X3 .A3333P..CE ryp..1.1..i.rQP.=i3LC3f r?arlr_RnarA of Suparyl roan YXRMI FAY NOs 313-1575 and - FROM: RE: -�� - prg TOTAL NUMBER OF PAGES (including cover ghost) . 2 COMMENTS; P1 1,- odviaed that thB C,i gliyant has decided to withdraw his Aoard of Suns. GA aggeal see for 2/15/24. Dank X213- faxed here GA Him withdrawal lettCX is attached w/ocLta-ma. Mansapitt.ftog�r„am Analyst PLEASE DO ONE OR MORE OF THE FOLLOWING: X please deliver immediately to the Recipient. Please request the Recipient to telephone the gander immediately upon receipt and review. Please have the Recipient verify receipt by telephone. X Original will not follow. Original will follow by (check one of the following) = Regular Mail Certified Maile Return Receipt Requested Express Mail Federal Express other: (FOR -QUESTIONS CALL: (510) 239-9954) 02-11-94 06:42 PM FROM CONTRA COSTA LEGLSRV P002/002/F9.,0.. ... . .. Dear Board of Supervisors: Please be advised that I am cancelling my Board GA appeal set for 2/15/94. Thank you very much for your assistance. t n rely, r CARL IN K II - VAI 1.7 T 7.- n .3 E LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue Womt County(310)233-9954 P.O.Box 2289 Eau(510)439.9166 Richmond.Cmlifornia 94902 Central(510)372-9209 Fax(5 10)236-6846 TELECOPXER TRANSMISSION COVER MEMORANDUM DATE: -2/1 l /q4 TO: Ms. Jewel Mansapitt,Program Analyst -.AnUe Cp.rug*1'11 -11ppi i ty Clark-guard of Supervisors FXRXG. -rm Q Cnnt rnmtn Crtunty Ad- of SUpm. FAX NO= 313-1575 and -X" FROM: F.11on J- 'Tqhzrhnfck,rCLRF RE: ------ pra pgr n]aitnant(Q) Mr- Carl Baldwin_ TOTAL NUMBER OF PAGES (including cover sheet) : 2 COMMENTS 0. plea.. he adylaad that the r1i4imislit has decided to withdraw his Agard of Sups. GA ag2eal setfori/15/94. Thaah y2u. faxed here GA Kia_wLthdrawa1 lCttgr, is attached w/cc/.t4_.Mo. M.ansapitt.Program Analyst PLEASE DO ONE OR MORE OF THE FOLLOWING: X Please deliver immediately to the Recipient. Please request the Recipient to telephone the Sander immediately upon receipt and review. Please have the Recipient verify- receipt by telephone. X Original will not follow. Original will follow by (check one of the following) : Regular Mail Certified Mail, Return Receipt Requested Express Mail Federal Express Other: (FOR QUESTIONS CALL: (510) 233-9954) i::Y L _� _III Dear Board of Supervisors; Please be advised that I am cancelling my Board GA appeal set for 2/15/94. Thank you very much for your assistance. n rely, Y � CARL IN The Board .of Supervisors Contra- Clerk ofttBatchelor and County Administration BuildingrOc�/, County Administrator Costa 651 Pine St., Room 106 V V (510)60-2371 Martinez, California 94553 County Tom Powers,1st District Jell Smith,2nd District Gayle Bishop,3rd District Sunne Wright McPsak 4th District ` Tom Torlskson,5th District February 3, 1994 Carl Baldwin 423 Barrett Avenue Richmond, CA 94801 General Assistance Benefits This is to advise that your hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits has been rescheduled to February 15, 1994 at 11: 00 a.m. before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California. 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 ' str r By o n C0 ervel i- , Deputy Clerk Enclosure cc: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator Contra Costa Legal Services Foundation H.4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order'on January 25, 1994 by the following vote: AYES: Supervisors Smith, Bishop, McPeak , Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Appeal By Carl Baldwin From The Administrative Decision Rendered On General Assistance Benefits. This is the time heretofore noticed by the Clerk of the Board of Supervisors for the hearing .on the appeal filed by Carl Baldwin from the administrative decision rendered on General Assistance benefits. Jewel Mansapit, General Assistance Program Analyst; Social Service Department, advised the Board of a request for a continuance of this hearing. IT IS BY THE BOARD ORDERED that the hearing on the above appeal. is CONTINUED to February 8, 1994 at 2 :00 p.m. in the Board chambers. i hereby Certify that this is a true and correct COPY Of an action taken and entered on the minutes of the Board of Su isors on the date Brown. ATTESTED: PHIL TCHELO lark of the Board pe I and Cou ministrator 9 By AA A .Deputy Orig. Dept. : Clerk of the Board CC: Social Service Dept. Program Analyst Appeals Unit County Counsel County Administrator, Carl Baldwin CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: January 4, 1994 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 Carl A. Baldwin Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing by January 18, 1994 plus any information which your department may wish to file for the Board appeal which is set for 2 :00 p.m. on Tuesday, January 25, 1994 . Attachment CC: Board members County Administrator County Counsel JAN — Z - 94 , MON 1 4 C `ata P 0B plesso ioply to: 'SO' '.clal Service Depart M­ Co' n' tra • as aougt:ts.prIv® perfecto V1118061, COOP Martintrx,Coi+fornts 94359.4068 trynutatx ' Fbsti.V brand 1ael memo 767f # to � 1b Frei" FYI Phoni I.; - �r��,�`«• .x M .• Fax N • - �:�G-�=' mow GLNERAL.ASSISTANGE EVIDENMARY 1M"NO DECISION Cs d $ald%*4 claimant County,No.: 090944354.79-W4JE 423 Barrett•Ave. Notice of Action: 10/09/93 10chtr►ou4 CA 94$01 • Eff"five Date: 14!31/93 AppealTiling Date: 10114/93 Aid Paid Pcnding: Yea P to of Hemming: Novembwr.189: 1993 Place.of Waring:Richniood, Califf nga Appeals Officer: Carole C.Allan Idcomo:Mainformee R ecitative: Wanda WWwg, Eligi'Oillty Work Supervisor , •. .SSS Vhethcr theCoeu►ty Mitt:�pits.49scontimmnce of clahnantta General Assiatanoo, and-f position of a 110ft.,motith W6d bf iiteli ibig*, WSW' *'a claimant's,wiUM futon,-vr thout good cause, to attend ritrhe +li~d fteW AssistanceAxcohol and Drug Y ►iveision Services appointment.on 904/93 'and 9/28193; and on.claimants it ftaaal to submit to a bromhsi yxcr test on 9!21/93, CGY �"�' PUSITlO Clairtivtt has been a reci ;nt,or.G=cW Assistance {G}.A)far several ycm• Gr► 4!22/93, after sbrhijr a one month pend of'1W.1gibility based on his zon-cooperadon with tjj�:OA, Alcohol afzd I}r g Divc:rsioa Scrviccs (d A APD$j claimant was t !'erred to GAADDS, Claliatant was assigned to Gore Group.which Mat.on-every Tuesday and,Friday at 1:30 p.nt Can 9/21193 claimant appeared fofNs•Chmp'rikeW >ig but a- used to toe a breathalyzer tcst, 'The CrAADDS 3-- 44 MON 114 : M1 P 09 Carl•Baldwin -070D ,,�043,5479 Page 2 ptvgxam ' Ucy considers. refusal to take 4 to-st as Alt uncxcwqed absence. Then, according to CA:A D records, claiMaht famed to Weak:for:WO.next two Group meetings on 9124193 and 9128193. Date tt o4.the above, the Counly. nofi0od:cl0.ima)at of the discontinuance of his G.A. and the ;WOR is n:of:a three moot'h.pgriod':of�yzftd.biHV use of claitnanfs witlfiut failure, WithOut voO:causc, to cooperate*Iffi,rcg►rireitiexits di thio G.A. program. :Cl't stated that on:912 1'93*he:had-.tin-drink�g. WNW become very upset bccause he h d:bcc i told:by'-his EligibiNty Worlwe�r-.that'l s G.A.grant would be sent to his 1. 41 std and he :would iccdvq only $2 A mopik -W stated after, hearing of this, he went out and hid.i�veral :.laect ani'ihei went to his'GAAbl*h ectirt , He Admitted to the GAADDS Counselor fat�e had; `:drinikixrg and saw no`tieed to taici die 6f0oza r.trst. -He stated he did not.rc;ttiau;far tic:next ` o meetings because he wasembai m: by his bohavior. E QLJI,A= AMtt�� Dcpaztcnrmt Manual Se*0.4p-111,rt;F,4,d;':provides that Q.A. recipients have a responsibility to cooperate with GAADDS Dcliafaent Manual Suction 49-244;M' Cj, -provides that CA.ADDS participants Will .be :. terrii t d from the proirakifor unext used mics oc:from a ccquited GAADDS Prom r ec#ng or appointment. Participants.in P' mo I:-or:U will �tc�rairwed far aro► uncxcused abs 0002116 Department Manual Scrlion 49.240;IIi;8,1,provides tf►ait partiicipants in GAADDS must:acdYely andcary�erahvcly pardopate'and remaen tleAA and 46ber whine in the program. Dcrsartment Manual Seetion 49.240,Ij'1,C,2,;provido:that paticipants in the Core Program will be' rni$ated-from the GAADDS pmgca�m for tires unexcuised.absonces. Doparlrrtfcrtt 'Manual Sccticm 49-240XLC,4; providtw that participants in GAADDS will. be tcrodriated from.the pn am for refusing to lake die BteaUyzcr or Urinalysis test. Mpartrt.ent Manual Section 49-240;1 A3, provide that upon roccipt of the Gcn 415132 notifying Social Semice .of the partieigas►tIS: tamdnadon from the GAADDS progi�=16 the JAN- 3-94 MON 14 : ;S2 P 10 CPA.13afdwin 'fl7- 00 04435479 Pate-3 :IligiUility 'Worker still.talcs action to discoptinue G.A. immediately, gMng adequate and,iimcly noape.: $curd.ot':Supoisors Resvliticir► #92!$57;adoptod December.1-5, 199 , provides: .1'ark'7;`Sectitin:?03: ;A r sci eot: vho ax`is;br re:fuse'ti tv cttmgly 1+vit#� C neral Assistanco }t ram: ::rcge r icdts` .s: expressed.:.in :this.;rc�r�lu�iQri:or in .fie Social: Smvice Depattmcnt 1� 'ual ot"; Prr6i� and-Pr6oduccs skill bq 50 01 tic 1 sid and �istction vi�ill be ixnpond is fvllor�r �. .. ;tie sseci 6tihpw$ that tlic fa lu�re'ox:`xctusal:td.comply was for,good cause. Section 104:governing discontxr Office:o iid snd sanctions providos: Ga}A,b$crit Monti.to the ccix�#r zy� itis �iii4rnccl &41 the 4utios of Departniot&t:I': ve boon- cut�nexitV 0. orMed. Al."eht .tvid*ce.;-ta th6,.contrary, it presumed that the o�dinzy' .. : coOe,qucnces of an*gpucuiCs or rocipl.-ni's voluntary ants are,iniCAdonll. (b}':,A.willful.act is Dane fat.it;`iiitenl or without reasonable excuse or cause. It hood not. orae +with malice,.r►or vith;.k s . 4ific sc-to viiolato- P� � gram r• uireements. : . P F ;plure to: 0o1� by a°person who i,roenbllyj sab10 04hc extent IW 0c, doex not undcrstandl hiAcr. . respox$'bilitic:s br is incaf at+Xc. iF'fi�l i #i tlicm not will.U. 'Conduct which involyosphpical As.; iiity. or lesser`mental: dis:ah�R may or may,not:be-willful. (c) ::tach.case will turn on itkown Facts, • A doumruination most-be made basad on eriidenca. : .Evi&tice can be ditmct Olt:;t y ;bt:'1 Orir.4 from rcoipic;nt's' acts. 1"htl b .n of roof to estat?lish;good souse is '.old;.:�.tha': k=60 ont' 'he Iaartxmcnt !poy..prove lack of gond souse by, dcrriottstrad np; A�) wiylfi�t u, 'or,,s. of,the recipient to*follow program,rcgWrcrraionts, .or, : . B):rim,teas than:tfirce se arafc :acid of.ncgli c t fadurc3 ot: he-recipient to follow program. iregti'rfic►en ail i b m ay include:acts tor,`i�vllich the-recipient has-.pr�cviously been discotttinued� froth sdd or 6aactiosied. : .-Departmont M'anuat Soctibn-4p=11I,ll,li„].;-prornidcs:that a recipient who fails to coopotato.with. 'tho -16d'al �SoMce' -DcpA M041 :try_:'6a�ing W: moot arny-one of his or hor em*r rated responsibitWe$ wiihout'gt d.can e,;shall be diac�ontirt d aid, t►nd aancaons mill ba imposed as: follows: a. first failurb: onc:month. b. second failure: tivec months. C. dad Ulult; six-411pnols. .TAht- 3 - 94 MON 14 : 5Z P . 1 1 Carl Baldwin 0709-0435479 Fag 4 'Ucpar�mertt Manual-Section 349-t.l1.It,L;Ipravidc;S for good cause reasons for failure to cOnperata �MI4 program,,regwiremr►ts: jhe4e&iohi�:WWph-establish good cause fora failure to ctycip6rate ,or comply.moist be vcri#ied,;attd'.a c fiiikutcd ter-the following. a. c�mploymcnt has.b i Ob Pin 1, b,.sch6dulcd job iro iLwf or:.u:44g, e.-mandatory court appcaiancc, - cl. iincarccratiory . Udc;ath in the-family, - : - g. otlicr substantial afid zompplling rasion. Tlieso mint be reviewed and approved *-the Division Manager. CQN—CLUSM AND. Th a:is no dispute that claim ►nt;. -wd.to tike i breathalyzer test on 9121193. 'Where is; also ?Oo. dispute:that he failed to.-vw%d his:#tolibwing'-two group matings on 9/24/93.and 9/2'M. Claitriant:has:rot prONWd A jmflfiAN.jeason .for rnissirtg the two meetings or fir refitsins,:the WA zor test, :He refused the, b+��t�.se lac.ikad been diY«ki%. He missed two 3ubsC.'�ke�t :nnti,as bcxayse he was �rnbarrasscd by his bchvior an 9121193. T'hcsc reasons do not qu�►�Gify as, good'causo rcasor�s: Thus; G DIPS was coiroot.in its tmn nation of Clain'ant fivih tho Claimant.know the,conscquenees 0 hlkAiling.to cooperate with eAADDS rcqu!mncn1sHe Anowi :Oy,;rcfihsed the Bread r tc t' d knowingly Ulcd to attend group moctingis 6*24 and-9129. -Ab"has not PmIOiIQt a justaf mwc:excuse for any of his Failures, Thus, his failures 'Were, WWWas well as without-rood' se.:;he County was coneet in its discontim>anCa of clalma6t' G,,A -TAN - Z - 9 4 M o m 1 4 SZ P IM r ' Cad Baldwin .0709-0435479 Page.-S . claim is de;nicd. :04nanfa O.A. shalt be.discontinued and:a three month period of ineligibility shall be'itiipasut, ' 54 S.cce Apps s Moor to 4e, XXPRENI Progmn Nun.ager ate if you.are'dissatisfied with-this decision.you may appaal the matter dimody to the Cotnrtt..Costa County Board of'Supervisom. _. A,pprrals.mtist be filed in writing With the Ccr3t of.die Board, 651 Puce St., Martinez, CAN553. . i#p resets. ni t b� filed wfi�thi�I.!'o irtetii:(14) days of the: date of this Evidc mtlivy; N- 6 fiuilier aid:paid pc-riding a l3o4d of&pciN isors appeal. GENERAL ;ASST TANC:E AGREEMENT READ 1'1119 FORM CA1REFULL Y. IT HAS IMPORTANT WPORMATIOW ASOUT YOUR GENERAL ASSTS TANCA CASE. W YOU DO NOT UNDERSTAND ' SOMiir►fi1YG,'ASKYOURENatextrYWORKER.TO69PLA1.ANTERYOUREADTMISSIONYOURNAMEANDWRITETMEDATE. AUTHORIZATION F-OR ROA48URS5EMENT OF INTERIM ASSISTANCE GRANTED PENDINd SSIfSSP tLIGISILITY DETERMINATION I tindantand-that the public assistance paid to me.ui r,ri my belt&II,'by Contra Cult&Coutnty is considerud interim assistatic v If it is paid during the period of etn►a tfial mySupt+firmeniei Security Unttlrnv tSSI)r ieete SilPplemirnlivy Paymem(SSP)eligibility is being detvrinlrled (Assistance trrlancvd 'whtatly 6i potdY wdh'Pederal funds shall nut ba atinslUarad uHurun alstiNUCr) In conSideretiah of WO interne assistance pari)to Mo.pr un my f,eliall.I authollte the Secretary of the United States Dupartlrlent of flualth end HumanServicei,Waugh the Social Security Atimi+Ilatratlult Many tC send Q*first paynwrrt of driy 590ISSP benefits.fur which 1 may be dt'-wrtra,ned aligibla,to the absave•Agenty I outhorite the above Agency to retain from that paymxnt an amoynq equal to the sum of pubht assrstente payments the above agency and otter California in t0irn esW%once agencies paid to Me.or on my behall...w rlteet-my basic rt&tids With before end after Inti deli of this author I:ation,but hrnlled to the per*d my SSIISSP eligibility dvlortnialdttuil wab perlduig Q Initial- .begirming with the month lot whit il 1 dnt luundAligibly for an SSVSSP payment arid endifly with the month my 5511$5P payments bugln; or Q Rast Eliprbility beginning with the month for willth my 551ISSP itayments are remstatod after a period of buspanslon or tviminatton and ending with the m;anth my payments rc:umu I understand that,after making the above deduction fl lam my Ssi's$P payment.%tie above agency shall pay to me the balance,of ally,rho Iatut then tett(ib)wocking days from the day the above Aguricy i"vii es my;paymunafruin SSA 1 undyvdtand.thst,'I}I:tett that the amount deducted Ilium my SSIISSP retroactive payment Is more than the amount of public assistance paid to me, or.on my WWII.fjy'thir abuvv Agency,ut if 1:11@01 lite obuvc Ayeilcp•fdded to pay one%Fie Tsetse within the ten(10)day period,I have a right to request a coir Ilooring Irom the State Department of Social Services'This rvquest must bat tied within rtinety(90)days of Ute date the above Agency notifies me of talo redeipt and disbursement of%he payment .I underitind thot+f I.file an Initial clalm for SSI/SSP bvnvftu at a fitxlal Secuilty Office within 60 days Of the date the above Agency receives this ligtted form,my eligibllity fur$545111 benefits can begir+oi daily as%lie dole the above Ageucy leceivrs tint signed form. 1 under>tandsnat thtt.aurhuncaUan Is elfecUve from%ltd date dw.aitove Agency rewwts this signed Iarm and that it wilt coast to have of kit: •Q Initial Clprni aithe end of ono(1)year from tilt date the above Agency reteivas this signed form,unless I file lot SSIISSP within that time,or one of the evilias listed below Facclg6 11611191,in winch ease this authoriaatlun wifl tease to have affect as Of the date of such e'venti ° SSA makes an ritual paymunl at rvinttates payment un my cfa,m, ° SSA dances my claim and 1 do nut flea v timely�pI•e61 ul%fn6l dr.t&i itillratlon, ° 'The aboveAgericy and f agree tG%arnilnatothis ou%fioiltetion or Q post Eligibility at the end(if one(1)year from the date tile,above Ayeney iveaives this signed form,or at the*rid of the Maximum ported within which to requosurovlow of-the drtriminatlon ta.susltirnd or turnunale my SSIISSP payments,whichever period of tima is longer, unfass I file timely request for review.or a401 the events listed above occurs earlier,in which case the outhoraoiluri will ceeso to have affict as of the date of such en evi•nl REPAYMENT RESPONSIBILITIES I understand I hilva'prnmtsed to repay to the County of tonus Costo all denerel Assistance I have received or will reculve. I U11de►it6rul I hevedlgned a legal.document known as a itcimttuntnnent A,jreernek The Reimbursement Agreement will be recorded and will place a lie@ apalilst:any propbrty 1 nava how Or may stautre in the future ttrr the outstanding amount of General Assistance furnished tome. 1 understand it also gives tht:eounkythe right to file a creditor%claim against-my Estate upon my death fur airy amount of General Assist&rlee remaining to be repaid io that countyi N t b come..emptoyed;•roGeiria.money es a resylt of an inheritance:litigation or from any other sources,1 am eapucted tonotify the Soctil Service Da*rtrill 6�,;ppeforto Aytnkl ?his maybe done by writing of calling theSocial Service Deportment 1 understand I will bill,i:Orbtacted Icy ehR.Offrce 64JWvgnj 0 Collectic)ri;wln alter my aid is discwrtinued. My financial ability fpr repaymgnt will bu evaluated Ong a repayment plan may he ntlbdk�j DECLARATION f MAVE READ OR HAD:RCAD TO ME,THE INFORMATION ON R01'If SWDJ'S OI'TNIs FORM I HAVE AELN G+VI'N f IIF.OPPORTUNII Y TO ASK QUI STIONS, A?OIIT THESE RESPONSIrIIL 117ES AND R(OUIREMCNTS I UNDFRSTMI)TIIESE RESPONSIMIL fTIES AND AGREE TO 000PrRA TF BY MEE TING I 1 rCM IN 'ORQL'RTORCCC•IVE GCNLRAL.ASSISTANCE. YOV "-Turlf Ort MANK �^ URri - Ml act Will ill'MGM 13 Alekl �1 iIQNATYItr Of Wltq%si 10 Moult,INt11pgY TIN,all 14111.014 Ctfilr+4.tirhY l YNM 1{NI APPtAC4N1 ' AGREEMENT _--- As a General Assistance applicant/recipient/understand and agree to the following requirements: I. I must provide all information requested to determine eligibility to General Assistance. This includes completing forms; providing verifications, and signing releases of information When requested I must provide this Information by the dale required',andi.f I have not done so my yid may be denied or discontinued. 2: (must send a monthly Eligibility Report(LA /)by the fifth o€the month following the report month 3. 1 must seep all appointments made by the I ligibility Worker,Vocational Counselor,or Social Worker. if€cannot keep in appointment.]must call Social Service before the appointment ttrtte to see whether tht appointment can be rescheduled 4. •tt 1 am.fired or quit a lob without good causer,i wil€'be ineligible for General Assistance for 60 days from the date I Was last employed. 5., if my case is selected for review by the QualityControl unit J must cooperate with that review. Failure to do so may result in discontinuance of aid,and ineligibility for one month 6. i.rttust give my Sotrill Security Number (SSN). The SSN will be used in cfseclking identity and preventing duplicate issuante of GA. The SSN and any other information provided may also be used for computer matches, reviews. and audits. 7. I'must CALL or WRITE my Eligibility.Worker when there is ANY CHANGE in my address, income,property, or number of people living in my home,WITHIN 1 WORKING DAYS of the change -` S. A state law requires the county to give to law enforcement agencies certain information about GA recipients who have died or'for whom a felony arrest warrant has been issued. This information is; name, address, birthdate, SSN,arid physical description 9. l(€have no home address,and my mail is being delivered to the Social Service Office or other mailing address,it is my responsibility to pick it up. i agree to pick it up every week. 10. if I give information that is not true,or if i don't report changes to my Eligibility WoPkir which affect my Case or the amount of GA I-get,I may be criminally prosecuted and have to pay a fine at go to jail TYPES OF CHANGES EVERYOR(EMUST REPORT I A change of residence(the place you are actually living), You must report your new address and the name and address Of your landlord. You must sign an approval for your landlord to release information verifying'your living arrangements Change in housing costs•rent or utility changes. 2. If you plan to leave this county_ 3. A change of household composition-if anyone, "including children,moves into or out of the house. A change of mbrital status 4 A change of employment status-if anyone,including children,it)the household starts working,stops working,or !incomes unable to to work,or goes to school r training. S. A change in property holdings•it any member,of the household buys,sells,or receives as a gift or inheritance, a house,car insurance,stocks,bonds,et(.,or it a bank account is opened or closed. 6. A tharige in income-following is a list of'types of income that must be reported This east is not all-inclusive, e money borrowed iloans) a Alimony/Child support a money tamed(wages) a income from, or acquisition of real or personal • property a gate money from prison a checking r savings accounts e income-Tax Refunds(State or Federal) a inheritances e State Disability payment a Unemployment Insurance Benefits i Union payments IPensiorn a Brants r Sclsolarshrps t Loans given to you to attend school 4 Sociol Security Payments a Gifts or money from relatives or friends v-federal-Disability payments a Money received from giving blood or plasma Wo!,ktl)liCpmpensatipnpayment$ a 0epartnient of Rehabilitation money given to you to attend classes,or for any other reason e Private Disability payments a Life lrisu4nce money , a-Welfare payment from any other state or county a Legal settlements and/or awards Dy tiii dt7urt. i'income from sett employment,including street vending a Veterans i+ensions/Awards t Bonuses a Retirement pensions or funds a Other pensions a Gihi of food,clothing,or other contributions in-kind a Lottery winnings *'Money from any other source a Pan 4iandiing 7. ANY LUMP SUM PAYMENT MUST BE REPORTED IMMEDIATELY. A LUMP SUM PAYMENT IS EXPECTED TO SUPPORT YOU AT THE RATE Of $325 PER MONTH YOU WILL BE INELIGIBLE TO RECEIVE GENERAL ASSISTANCE DURING THAT PERIOD. : ADDITIONAL RESPONSIBILITIES OF ALL -UNEMPLOYABLE APPLICANTS/RECIPIENTS JAN _ Z - 94 M O N 1 4 : 5 6 P . 1 5 CONTfIA:COS:TA -COUNTY SOCIAL SERVICE DEPARTMENT AERRAL FOR.ALCOHOL`AND DRUG DIVERSION SERVICES � Cw�y"•r� .irk..'...�r•.u .i. r�wS.' � .T. .i .iirr r:. r".. .Tr� .�.. .:.r..Tw+"rw .if�w �„L' .�.. �Ir C � .Ti .i� .�. � w �w Z"w MAMA f SOCIAL SECURITY NUMHE:R AD MISS TELEPHONE NUMBER � . 7 .7'r) �..... / ,.. lam. ,may C•.I .I. rl/rFrr�� ,• •,� � i.rr.I.Mlrr .YwMIKgr�FrrMnw.rw.+?.�..� • ► 'YOU aro roquired•to keep an Intake inteMewappointment with Alcohol-and Drug Diversion Satvlces.. ,,�-- r,? Jf7 r. Your appointment'is scheduled.lQrr;`��"�•! �� %.7• ,at l � 0 O.M./P.M. -At the'0466 DS office-at t"Ij III utting Blvd., Richmond '(Telephone #3743091) 10.00ugla$ Drive, Suite 120, Martine: (Telephone #313-1120) ( j 2400 Sycamore Dr., Suite 29,Antioch (telephone #427-8582) `0 you are urna4li to koee this 11606161. rust provide docurtrantatlon to the GAADDS atf�"within . hours'tQ'.vifxth�t th�:ebsr:iitrL+ , h0 rg. ,j�Qt,�Qpd c use- v.you ate pspioned to participate in the GAADDS:progrem. ,you must-actively and cooperatively orticipsts:The rules and regutatlpris' of th program will be described In detail to you by th 'GAADDS -dun. 10 YOU FAIL TO KEEP ALL SCHEDt)LED.`A POINTMENTS OR FAIL TO FOLLOW THE RULES AND FtEGUl;.A7ON OF THi~ GAADD;�.P�tOGI�A�A:YbUR:PLIGIBILITY WORKERVILL BE NOTIFIEQI AND YOUR :GE.NERAL!A:S.$ISIANC WILL 8E DiSCON 'INUEq.:AiL$4, A PE14IOn.QF INEUGIBILITY.MAY 9E'iMP45�D DESCRIBED ON YOUR-"GENERAL ASSISTANCE-COOPERATION NOTICE". wassmiam no awaams a no am==a Emma N'Son mazsmamommmon0sar�a�esssssesssa,egesm:¢■ l.agree to accept this referral, and to.•acdve►y and eooperadlvely participate If lam assigned to dw.program. I consent that the GAADDS program may advise the Social Service Department whether or not I keep prls a�polnfinent what my Traatmont Plan•Wll be,4nd whether or not.1 comply wlrh program requirementa. I understand-that my GAADDS program records.are protected under the federal Confidentiality Rep0atlons and +idtnnot tie.dl;closed wilho;t my written consent.unless.:otherwise provided for In the regulations. I a14p uOderstand that I may revolts this cansent at any time except to the extent that action has been taken`In,reilance on, 4(e.g..protiadon,parole, etc.)andthat in any evert this consent a lies automatically as described°below , Spociticadon of tine date, event or condlton upon which this consent expires: am slaw a a a a a a a mmm a iia o a is an a•&apaaaaa am ano as a a w an s now mai ass man am as&a SfC�N DATE rf r.�wi:r ' rl•��ii'=�ri= w � r r .-i r rr. rrr 'r' r_ y� 4� === `"'+ ! a i .�.fir• .I► 1. r..� REFEi E �Y PCN EW PCN. TELEPIAE NU#t118ER � K different JAN— 3 — 9 4 MON 1 4 : U7 dSta R1Ce Alcohol � '.�� Mark Phwe' ono Director,Hgnhh Servi�OS QIV r5i4n $erViC�S Lorna 6asnan Services AWSlant to the Director D e part•m ant Gary Hamilton Program Director s DATE: • _ _-- �_r_____ RE► }.0EIR.MATION EO8 Y :: .RF�E�U�E-Q INTAKE �4P1?OINTMENY Oear -W/M•rs./Miss: -►fir. rs�fft:r °�.�f -You areschedufed for.an Iiia a apclntinent on_ 24 r ' 2 r P-ROGR-A, M SITE: / :WEST CONTRA COSTA ;COUNTY 1:301 A 1310 Cutting Blvd. Richmond, CA (510) 374.3091 OWN. -CENTRAL CONTRA COSTA COUNTY 10 Douglas Drive, #120 Martinez, CA (510) 313-1120 .. FAST CONTRA COSTA-COUNTY 2400 Sycamore Drive,#29 Antioch, CA (510) 427-8582 tf,ypu kava any.questions regardirig:your.rOsponsibilities, please do not hesitate to call.the.0AADDS office. RalluTd o showfar this scheduled appointment will require lis,to refer.your case back,to -Soclail.Services. A I ale GAADD$ pouins6lor. Participant's Signature I have .receivcd_l_tickets for transportation to returns for this Intake appointment YES NO M ra .TAN — Z - 94 MON 14 - 51B P . 17 WN.TRA`-COSTA COUNTY SOCIAL. SERVICE DEPARTMENT OAADDS/SOCIAL.SERVICE COMMUNICATION w q. NAME: SOCIAL SECURITY.NUMBER Z aL Z fL=Z Z! O C Z Y•� G•S _ .. ! -f S - ! Sr.! - .. r M. � - ! .. - ! � - ! ! ! ! ! .�-i. � %D M F M ! A60RESS TELEPHONE # �U's=2 On aaaa z = ;aA mss.= == Asa==sr .. �.. 1 .. cs = s � � a : . TO: :SOCIAL SERVICE 41. Client-foiled to keep the iMialie/;rrrc iview appuintrnr nt (darer'.,_ ........_._._._... ,....._..... l f J Client kept-mu intake afrpnintrneMr, hut.refused to covpvtare t x9finfrdrioll. Client kept the intako appoiMrrON, bUt 1788 bOCrt fOUnd to ba 117,1pprnlxi:+te tar me ptogrum. (riot chemically dependant) PHASE 2... -[I 01her failure. Specifics _..._....�-- __ � _...._....-.--•.----—...---_..,__..._______.. f J Client has been assessed as Wnarhployable' 044Ccm7 Diagnosis: AW�? Duration o�L/netinplt�y� ab7iry`, �(Dale) D re) . . `_.... ......_..__.._..._.... ... .�,I C) COMWNTS! PHASE 3... r ,• Cilent/?as been teirninstod frviri the..program for the all wlny riwanns: rr' Failure to maintain total abstlnancs or? [ J Failure to accept a mandatary re/erral vol ..._ [ J Failure to attend twolvtr.:atep meegr►g.during the w�`ek'�;-­­'_ _. (date) f Falluro to lost-(breathalyzttiludimlysis on {N;�ic++) [ J Dliruptive behavior on �.... (d4Tif EXPLAIN:. MUnexcused absences o► a„i + __.._..._...lhara9) 'COMMENTS:_q. / /tP�r 1Gt c +r ,t? h. .n .:a N W.W ft ft w w s a:W W r sk u .,.:a..a•: .,s r. .. - • :,• .. � _. •� .- .: a.a. JF i11R.iY Y K Y W0D$:CQUNSEL.O DATE A5 { rj 0ald ll k, 7,0 eepcs -1 If hac )Oe F�p d / Aa�- •e .- LO c !t76 n yk -Pal- pn ,e- o-e /4e G4 a da(% Jdre ra nn olve- Y-0 d� il The Board of Supervisors Contra CerkofthheBoaarrd and County Administration BuildingCOSta County Administrator 651 Pine St, Room 106 (510)645-2371 Martinez, California 94553 County Tom Powers,let District ,Ian Smith,2nd District Gayle Bishop.3rd District L Sunne Wright Mepeak 4th District Tom Toriekson,5th Districti.6 _ January 4, 1994 ';� Carl A. Baldwin 423 Barrett Avenue Richmond, CA 94801 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 . 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 :00 p.m. on Tuesday, January 25, 1994 . 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 istr or By a Cervelli, 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 Angust 4,1992 by the following vote: . AYES: Supervisors fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: Supervisor Powers ABSTAIN: None sssssssssssssssssssssssssssssssssssssssssssssssssssss 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/S76 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,malled 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 beating 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 malled on the date it is postmarked. 104. Wbere 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 wM be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable,and bearing requests based thereon may be summarily denied. 105. Hearings will be scbeduled within thirty days of the date of receipt of a request for a bearing. 7be 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 daim may be reviewed and resolved in the daimanfs favor by a pre bearing review. (a) Proposed prebeariag 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) heating is continued at request of the Soda] Service Department, w,www��w..w-•.ww w.ww ww r.. (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, i� (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 hearing record b dosed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance POliry 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- baring for cruse. Part 2 Appeals to the Board 202. The applicant or recipient may appeal an adverse hearing decision to the Board of Supervisors. 202. A written appeal must be received by the Oerk of the Board of Supervisors sithin fourteen days after the decision has been mailed to the claimant.Absent evidence showing the contrary, -a hearing 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 fiat 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) V the Director supports the hearing decision,the Appeals unit will be notified to proceed with the presentation to the Board. (b) U the Director finds in favor of the claimant,the Cierk of the Board will be ratified to withdraw the item from the Board agenda The appropriate Social Service District offim will be advised to take corrective action. 204. Both the appellant and the Department must fit all written materiah at least one week before the date set for tie Board bearing.New material must be served by mark on the opposing party. 205. (a) Upon beating the appeal,the Board share make nay required fact determinations based on the record on appeal and testimony received by the Board.?his record shall include the Department's Hearing Officees fact Wags,plus any papers Std with that Offimr. (b) If the facts upon whicb the appeal is based are not in dispute or U any disputed facts are not relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the next step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLUTIOX NUM3ER 42/55 206. 4 (a) once the facts are determined,or if there are no fate determinations required by the appeal, the Board will consider legal issues presented by the appeal.Legal issues are to be framed, insofar aas possible,before the Hearing and shall be based on the Department's Hearing Officer's decision and such other papers as may be Bled. 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 deride 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 Hoard may decide am appeal immediately after bearing or tate the appeal under �Submissi�. i n..er aMth teat Nr is a as wd mot OW M rn &alien titi«+ Wd .1 e"WS W""I a ens $ama P4 94Y.L& so Sall �LrfaaKa 1n0 QoungT OAS �A�7fAD/.//� .Olawar RESOLUTION NUMBER 92/, * 4 , S ' ,JAM —� 3 — '94MON 14 - !510 b ia1 Service Department Con' �r pleasDo «ply to: 40 I? ugi.rs,brlye Petio,0 VRllai rc 1 {1 t M�ttint t,i,gi;it)rrlia 945W 4008 coOW I&Jetkr�" Post-It---brand fox transmittal memo 7671LRI,4! t:Or u Ilb Frarn . Phone 0 G1r?�'p,R.AI. AS51 'T':�,NC1?'Is'iJ117E�.1 '1 Al X k lRl rfa D -C:ISICiN "WI 134dwin, c1*1ant Cozau y o.: 0709 04354.79-W4," 423 Barrett Ave. Nol6ce of Action: 10/07/93 Richmond, CA 94$01 pffectim-, Date: 1031/93 Appt`ai filing Date: 10/14/93 Aid PKC'd Pcr..dinw. Yes Date of Hearing. Novt:mb x 18, 1993 `l'lace•of flearittg:44ohtaionii, Calitoolia App=ds Officer: Carole'C:.Allor. Incomc !Maintenance Rept-native., Wanda Wong, Eligit ity Work Supervisor • .�,M7.7 V�'s Whether IN Cutty is coircot 'it's•.discondnuancc of claimant's Ocncral Maistanand the :inrposidon.of a three motath PI;4 d of ianefl ;4bility, based;on claimant's willful fhiluxs, without sood'-couse, to attar d asel:edWed-Octieral Assisumea -Alr.ohol and Dme Vivo'midn' screw:. 'alrpointmc7nt.on 90-4/93. and 9/2. 9/93i and on:esoimant's Iv ural to submit to a btcatlia�yz:r tt On 9/21/93, clainiant has been s recipient:of,Generai Asyist.nce (G.A.,,) for several years. Car► 4/22/93, aft- or -serving,a one month perind of-incli ilailiry based on his nOn-coroperadon with tlp:O.A. Alcohol and DivDiversion Services (C,AADDS), clainrattt was rt:r;fen-ed to GAADDS. Claimint was assigned to Gore Group_whlch rhet._on,every Toesdzy azul.Friday at 1:30 p.m. On 9/.21/9: clam.-ot appeared far-his:Gro4p.m"ling but refused to wf;e a bt�at:halyzcr test, The �A"�IJDS " -JAM - - 94 MOM 14 : 51 P _ O Carl Baldwin -:0709-4435479 Pa4v 2 pram 0alicy cortsider�s refitt.ial to tA;.e: a t0st as ,art-unexcused absence, Then, noorditlg to GA°A 7 records, claimant fa�.locl to appen forlxiknext two Groupmeetings on 9124f93 and 9- 128/93. . V300d,o,4. the; above, the County votifed el" ant of the discontinuance of his G.A. and the i1r,sittc�- :cif a three month pgtind:o#`iztelzgstyility 13 a uf elai nartt's willful fail, without -good cat0c; to cooperato of di,'i.O.A. program. : : ;CElT�ri+�NN�fi P+�StTi�N :t"; abiiant stated that on 9121.193'ho -head.boen drinking, Ha:lead bocome Nary upset bcmeause. he, kltd.licca;tnld:by his Eliitii1iV`,l oeket-thA his G.A. grant would be scat to his landWd.and he would rVIcelve-only $2 a mop-111. 1I� .stat;d-,�ffir hexnbig, of this, he went out acid had.sevciral be:e emdthen went to his:0-AA!)DS Weetirzg. Ile admitted to the GAADDS Counsclar ihat:ho W tcer 'dirinl;ing and saw no:.'hood t6ta»6 tho breathalizor.test, He stated he did not rcpau fur bt:cause he utas emla4rras i:el by his brhavii�r. the next two mvctings Ty D4 rtgi1 nt Manual Sc�tiii>n'.49-111, ,F,4A prvvides gut O.A. recipients have a aresposi.1 i:ity to Odope,atevith GAADDS. Noirtrn�nt Mangy Secdon 49-240,TIT,C,I, -provitcs that, CAADDS participants will be torjWnat :from the pro rakn'for i�s�+r�Gus�l.ahscnce'from a roquirod GA.4,DDS Programs or ..ppofi>tment. Participants: Ph;tse.Lor.( will �twoi a€ed for any uric. c ed absc�ee, Dpliartmetit Manual Section 49-240,11t-B,1, provide a that participants in GAADDS num actively an41,Co0#qativclX participate mid remain clean and sober whilo in the program. 13c artmiant Matietat See ti4ti� 49- it1, 1,C,2, pxctvld s-.that participants in the Core Programwill be:terminated from the GAADDS p ' m for.diroo unexcusod.absonces. T r 0-ctrr>vca Manual Secfiou 49.24 J,ISI4 j4; providos. that p3aicipants in GAADDS DS wall be te;rirsiiiat d freta the pr ram for refusing. to:take rho DreaUialyzer or Urinalysis test, Dopartrndnt Manual Section 49-240,IV,i),3, p oNldes that upcin roc cipt of tbo tie;rt 4151.3, notifying Social Service :sof the pa uipanfs: temuination fivixi the GAADDS pr%p-.iii, the: .TAN — - 94 MON 1 4 = S2 P _ 10 '070-0435479 -Pago 3 FafigiNlir� -Worker Will tate ad,0- :tn disco;ttinue G.A. immediately, giving adequate and;thucly 13tr r if.of.Stapemi-sons Resc+lzrti-6A.02f857r a loptcd l ctcettilrcr.1 , 1392, Provides: :Part'7; Srcticrti;703: A t i'icpt:.t,lio'tgils;"ot rcfms. s tai comply W-A Geniral Assishktice,1.}- ani: ::rccli6ft6rits. Is:0*cssG-di-;in .this;iresb kitk)n or in tho Soc+til SmViee Dr;Partment ll hull of, 14" 3.And llrouc4ot;= *iJ.l t�il:;�w�ii�#n?iz�t#aid and+iandiorxa W'01 be impmcd fvll6m't kdozs 4�c i'0ci ric,,itit sh+ v�= that tl�g f3 hv-'oro, t of:tv"ccrrrtply waa for good cause. Sec6att:70 guvt;mng discorttintunce of iid.an4 sanrtions provide;$: (a) t1-0i otit cAd�nci: to the iDcitttr tty,.it xw pi-asvtn d tl.-it the duties of Department st:rhAve bcon- cu;r iitty` , ocfhi�riecl. Alr ui�t}.'t.'vic�w -e :to the:." ecititrary, is is presumed that tho htdian:uv con eq*litnices of att al)pixc:A4 or. vrih:l Wta ants are intentional. (bY':A willful act is one t1vic or without reasonablq cume or cause, It noccl not. tib ilotiir with rriali't;e,:notiith., spci4,.:lix:se to violates lidiani rcgetiretl�cxits. `aitrtr•c; to, crirri ly !,'p soli wlzp i lricrt ally ci�i air �i..to:.tlie +extent tli,�it S=1a� elc�e:.s not uademptand hiilhr.r: res;on4t+iliti or Is.incal at3le'of flit i l i; tli4rrl as not will `ul, . cntJcwt which iitvolvers:physical Ai., iaUility. or lessen moitt61:?dis.1,Wity.m;ry.irr may,not be.WHIM. :(c) .Izic:h.CX5C wilt tum on.-its.*wn.jacts. . A dj:tc;iTnination most be made ba-wd on ev*ic'ence. ;villi nC can be direct o If.may :tie °slued.ft-pin a. recipionCs acts. 'llie burl-on of proof to establish-good cit e;is '-d# .010,14401ehtl v6paronent.miy. prove hell of good ouse by, diritic stratin °(A} vtirillfiil. sulur ; or rw Vi a# of,th; rorvipient to Now program requiretnVA , or .fess �ih:m:three s ;par t " acfS vf'..iic i ztt fOure of thv-:recipient to follow program xegtiiMnertt�:cvh.;c h may in hid0cf! for:-WWcli the tecipieni has"previously bc;,,n discus inued frc�r:iasci"or saz�.cti�7ticd. " M-v4rtnicrit ManiW Scotian-49=411, ,is,L pravidcs that a rce.pi=t who fiiiis to cooliccate.w'ttt. tho :'Stici.--d -Servir,e Dc nt :icy. °failing ter meet any�nc of his or her enuopiz ted ra5l$ot%Abil1tics without good:Caii,;e,;shw?l be disc%t=nflnucd aid,, and sanction will be inipnsed as' fcrllpaers. . xi. first failure; one:rflonth. tr. Second future;: tllfcv months. C. third rhilutt: Six-:liionths. J A " - 3 - 94 MGN 14 : 5 :3 P - 1 1 Carl Baldwin 0709-0,135479 Page 4 Department Manual Scut on 49-111,11,TD-provid0s for good cause rv-Sons for failure to c:gppr rate with prbsrmn requirc m-ents: 'Ifie te. of s::i l:ic11 establish goad cause for a fail:lrC to coca erata :pr collIply.:r�eenst be vcri:tiEd, :atad Koo hcmitcd ty llte following: a. imoloyinent has bccii obtlaitt.4, b. sclx: ulcd job intoxview'or to-slitsR, c. nmandatcrry count appoiti. ..c0, d. incarccradon, C death in the.faraily, g. other subst,antial-a;rd-:compcllattig ramon. Those must leo rc-*ricviwcd and aP1uoved by the Division Mamager, Thorc,4s. no dispute that claim4Rjlcfih-% .to 04kc as bxeathalyux test on 9/21./93. 'Nie is also no di.�: tut ;that he failed .to..a;+� his':(6jJow-mg -t% o'groep nmootirtgs on 9124/93 arca 912,03. :claims`nt.his, not provi(W a,jcc 6f6ble:teason.--for missing the two -telc�c�tit�;s or foi• refttsin4-the brc.d. ly r . r fused..r}re test;b,mi-so lcc.-had b"n thinking. Flo mind two stebsei�0cut mectid4caiuse:he was embatmesed y.his bchnior on 9/2V93. These reasons ao npt'g10.ify :a., good ca .sc rcasorns.: Thies, C;. ADIriS was comet. in its wamination of ulaintattt frcur► rho pr par Claimant,knew the.c0nscgt..6,ccs-of his;failing-to coc,pc:rate with Q-A ADDS requirem.ents. tie -Uno-vinity;r4ftesed.the B:reathalizerr t0foW inowiregly failed. to attend grotxp mcctinga .uns9!24 anal 9� 8, :i-Ie IeatG root presen±•:d �t jtmifab e. excti�a far any of his .failures. Thus, his a ttscs were+ tvUlfctl as well as without Sood'ciuse. :The ComVvy was cosTuct in its discor0lu.06 of .cl:cirnan#'s Cs.A. . -TAN — 3 - 94 MON 14 : !53 P _ 12 Cad Baldwin 0709-•0435179 Page.-5 KV )1'$ Claim is dct&d. C'Tairlv�n�'s C.A. shall be dis'continucd .and:a three monih period of ineligibility shall he•iti)JIm d. C a -ac;iCvtce A) R �". ii;aDate }t�1pCi# rad x 1� 1a,;er Date 'yott.are 4ivudsficd �+ith Uds &-vision you tnay appeal the nlattci duc;ctly to the Cor&4 Cowa Cou 11.6..wd cit'-Supe i-visors. : :Appc Is'must be h1c.d in writing Wittt.tlltf `3c;-k of the Beard, 651 Pine St., Martinez,, C:.9 553. !1 s&:nimst he rded with6:fcnictxteesi-(14) da*9 of the: date of this TVi4x&di''*ry. .d fui tiler paid pc.7cctitt^ It -of Snip vyisors api.scal. .SAN - .3 - 94 MON 1 4 54 P _ 13 GENERAL - AS I.$TANC!E AGREEMENT RCA TMS FORM CAREFULLV. IF IIAS li6,PORT'ANr 1NFORMATIONANOi1T YOUR GEflffRAL ASSISTIuNcia- GCSE. IT YOU DO NOT UNDER5TA14D S0A1E7`F(11!fG,ASK YOUR ELIGIBILITYWORnLK10 rXNA6. AFTER YOU READ I'MiS SIGN YOUR NAMI AND WHITE TIM AATe. .r..•-�..,+nw,.,t.. ..n.,.r.�w...+.__..•a,+w.......••u•.w.a.,�rrri r.a.....—.,..r-'i•:.T+•Yrw�_-.+..+_.�.-..-.,w�..•r..�.i...w�. ._-.«+..Y--•--.w—.:.w..w..e..--.r�........w.w AUTHORIZATION Ir.4R R,I.1�1�tfRS;EIVIewr OF INTERNI ASSISTANCE GRANTS) PENDINfa•SSr1$'0 tLIGi0II11 Y OETERMINA710N l unuvrstan0-thgt tho IJut:lfi IIS%:S.e"CL•rialtl to rfiq.Ui it,city tI;':Ia1I,:by ccmtro culla counly.S Cr3r7ildCie'd interim assKtarlce;d it is paid duriflra%hr pe!iotl of Liii L6%feat f[iy upfl![+n t:n;a!54euf Ily 4kt;,Ir,v(551)%1tnrt:s Li(llf!iw'Yr.Qiil ar y Payment.(S5P)EfIIyIb1llty IS btuntl Urlt3r!TUr1ed (ASSISldricte fillatiLed wh.S11y ur pal fly wltf:i•+?drral-antis shall rsit bR'trn,u,r;+ed uturini as;fsty:ret; In CpA:idefation of sUCh intirlm JSSlstantu pati)it;niti 1Y. inn my Whalf,I avi.hollte the Si)(ritafy of Ilia un:;fid 51alk:1 Gepar-tnle.m. Uf health end Hurnan Ser•vieas,through the qts-+al Security Adminmlij.'mre I'i3A)14-icnJ Ila fei5t payrrei:it of ally f;y:65P guru;lets, fIJr which I may be UVI,trniw d telr;!ibly.tc tile•aGq're Agt;r7ty I authorize thl:bbovagency to-retain from that paymem dl,aninunt e.,001 U.'the:Will(If t'-ublit as',Iilantie paymunts the above 015(mey 'ald other Cohlornia interim amilance agencies paid to 11e.(r1 un fay ijetsall•7u rine w.-iny Umar.neekh.br+th before and altar rhlt dow of ttm outhurlrat r;rl,bvi 11metwtl t4 the pw-4;d my 551651"eligibility dt'tt'rnlina.u.I w ys ip+rabilc), Initlr5l bejjmhtny with the:mwith Iof whiti :am ie;Irui c•II{a:btu!Gr an I15!5SI,payirevit ano 01WI11d Jvith Use fflUntrl my SS:%S51'yrtynwlNs ar [] Rom E1i9tbliity b mg%rinin g with the;month fur whw:Ihy art,rt-if:%Whad d1lirr a pie:eGd of WSppnsion or tmrmtriatii)n and tiding tkitli tilt m;jrith my paymOrtts muuniv I Wild c:istanp hist,after rfia+lay the ittuve drGumon li l,m rr. W60 payInerit•the db ova dywl(y 0'1.111 fjoy to me ths:balamtr,,I ally.Ill.,°YIUr than Wn(10)wuAing days hom the day the above A!h:my rvcvlvve n1 y payment burn 55A I urld.rrstJlid thst,ilf{Flt:that•tilt!afnount d0dueted fiyrn my a51%5AF retroactive paymul;t i5 rrivite tti,;,n the amount of public aSsistionce pam.to fr•e. or.an rny.!?ekiall,by-lilt rtbmu Aqy .rlcy,ur if I feel tleu Lobi)--m Aryvilt'y'fadt)d to poy me -ate.uxiCs WI.hm Nlt:ten(10)day periVd, ! haute a fight lu ft+qu;,st a fair meorIne dr0rcl the$tote Department Of S.:•tiol 5rwi,es 'iris rt-gme&t must bq fired wirlim riiijety(90)dtsy5 of th(date the a07vt:'Aguncy narifl*$ri tl of the ritet•..pt and disbvrs(jmi;nt of the pbymant I onda-60rid tfr(it If ON-an initial claim for 551/5Sk bl:nuful at a 5.ocial secuiny Ciff1w Within 60,ways of the data the awve Agency I CONi:> tills 5:giscd.farrel,my dIIgIa!lity for 5511$$P bonef,ts cart b4full,0$ua,ly 415 Ilia dais the alcove Age+icy Iecwvvthis sl9ned form I UndClslSttld t!`.at tl7is.af.thgn,ttlt7A R itft•ttrvi•ffCIW-lit'd.ILu die:cpOvt;ALjoncy retuevC:this Srlinl'd form anti that it will miLtl to have el loci Tj filitlal 06-.111 t•It'tl;ir inti of one(1)ytlar from tilt;C141m,the ahclvr Agency ftceives this sigrlrrd form.unlesil I file far S5115St:within]that time,lir oni:of tho tvams fisted btVatm recurs tfa•!:el;Ilk Whitt:eAse the aU111•mlGtlurl wI Lecim Lu have trfleta as of tho drseu of sU[n 6 • s,t,nl.lkes an uritiai pltymtnL.,t•r::r:aLi+aS haym•,.•n:t,rl fay Cla,ln: . H S nieS my Claim lid i f o nyl filet a trnlefy:aupt n SSA del of that av-tc•I mlelaiml, ° Tile.-Above Agency and I Oruro LI Lei,r1i inaie thlS o editor 140tiofe .or El Pwt Eligibllily at th,v g•n;of unt;(1)year hum tho Isatu.li,ir:,brm4 Ayency IcscutvrS Chi;}•card ttlrin.ur 41 ti7r End ul the m,ixirium fjeflud Within -.011eh to rpilwo;l•ravia v of the;;t.•ttr!miriri;10 ri.ttS.sLsl:lr1d or tuineinatt;my 551:5511 Eiay-,nt;ritl.,WtliChotiC'r pertod of tirrio I%longer, Unjess I We'll tlme!ir request.fGir tevm.w,or:;!iU of the mem lmod at-f)ve-%%curs r;arbpr,rn which Ctt;C the ail thorizotiGn w1Y C4dse! to h ilvc.affect as of the date of swet.or•,ovoril REPAYMENT RESPONSIBILITIES I undii:land{rlisvr:priltllisvd 1u repay to thu County of Comra Cl,sta all Gumoal r"•.ssM.0milt I hove ftr(thrVCd ur W.11 IrtColve• I und(prstpiid I have signed q legal.doCument kripwr•a.a Aciarirursu+iient•Ai'igcment `ho fteimbursbm.snt A(l!uement will be f ecarded and will place a lien aiijainsi arty prupihrty!nave how or may 6�gytfa in lt)iF tutuid iter t►1v ovislaniliny amount of General Assistance furnished tu'rne I urderstwid it al-to gives tho'county the tight to lilt;a creditor's claim a+)alml-try 6i;itu uFwr7 my death fur bny amount of Gomvial A;SrS%artte to morning tui be repmd to tile cc.+precyt if!b'r r'.4nit3.!:mpiGyntl;.reteive.Blaneyas a result of an:Altrrr;Lbri(ar:lit•lgateon or from any other So;iices. I am uvputted to notify the! SUt.41 Service' I 1) Gr:filY1't nt:ii1lts arXtrnljrrfor(u aymtcnt,:Thor may be d%)f a Dy wrixim)of LJI!inc the?Social 5+r Y40?D(jl)jr1ftriA% I urrdurstand I will tie i M111�Ctec(try 011 Q(ficr i(i1•N.a+.+->;ir L0!.;i;ti0ri mire after my aid is dr;icr.ltinue0. My finamudl ability for repayrni;nt will bu evalvaltid and a rupaymcnt plan Islay IW uatioWd _._._.T_.w~� ..w.................�...,_.w.._.w._.�.�_ __.—.__—.-(WCt.AI;aTlanl -._______._.,.,.•---•----------------•- ---..__. _.... ..w......_ i THAW. REAO,ORHAL]•R;AD TO ME,TI IE rNFORY ric)N t7N:rt?7'Fr xrJ)l S Or.TrrlS I t)RM I PIA VE..W I:IV 0iVl.lY I11 0r+f•OItTUN11 Y f U ASK QUE SllGNS ABauTTFcmRF.SPON5181,IT!!•SAND RCQU:PIEWNT5 iUN&CRSTAtiDDICSERESPONSIWEIT1ESAtli)AGREW TOCOOPFRATr8YWETiNt;J•1M'MIN Creoclr TO RLECCIVE C40,14R,a1.ASS15IANCL, 444 .i Nn?uricWth•.Aitrr..,....,.r...._.....r--�j��s—�---�/.—.....y• .-..._—... ....../..........�.j,._,,.ire,el� ._..,.,-..f..... .J.�.%...•III at1 will III'IIt.N1."...,......,.r...._._.�_.......�--'---- — ..4.�•�_ v f��ti t'Cff/Ji+a.k�r ��,/..,��•Y.:4,..,,.. .,. ..b:.�'...�,d.:'r.�..s,...._ �L /....,f..C.-..f.�.........__.,... J_ C 1111I,n7vnt tl wlr:74l;,Y'e b rdA11111,(Pa;rr+,rti I e N.till PL nyUN(tYN'"•l'i,ra• •hkfA i•)Ir:.r'M1'fC:+`/! fJ . ICERT-IF.jr rl•!AT l FlAVl;EXPLNWL70 THESE RES PONSMil:I I WS !NO 7l4L'Pl'NA(TV Pi(C)C:r)Uff TO TI-It AVOW-NAMED APPLICANT!RF.F•7J ENE,AND ... FItt14'1 G/VFN rfrM1 rfCR A'r:w?!rr'DRTUNfTY'1'a�ASu gl1ESlIONS adi)UT Til-PESE RESPONSWILITICS AND PROCEDURtS f11drN!tiYV v4�~iCl)L{I'C'fi: I I Ilvt �.._....,....................._......_ �.........�_.._---w.—...�..........�+?A �..._....,..._�....�_._......--�•---.—..�-- ra..-,.. ..•1. w.wrw www rwr.Jw.n.._... ,.-.rM.wr.n ww xaru.rwn.r.w..�� ,-._.,ate-.,n,n-....w..x..-,.r.w,r,.ww..x.� GA'01 A(claw. I 1/l:9) i:etfir I: Client. t;upy 2 IM CJSe f:l,+'1jiW I0 N2 tuft -TAN 3 - 94 MON 14 : 55 P . 14 AGREEMENT As aGenaralAssi.sjj tic eappl(cantiretipien I I undurstand and agree to the following requiriments: I I must provide all Information requo5ted to determine eligibility I.o General Assistance. This includes completing forl't1% providing verifications, and -,ignirtq reposes of information when requested I must provide this information by thedate required'.sand;f I havo riot dome so my may be denied or discontinued 2 1)lay[Ills fifth ol the mo)ith foilowing ihereport month. 3. 1 must,keep all cippointmeno made by'the I ligibilily Worker, vocationol Counsolor, or Social Worker. if I cannot keep art appointine6t, I must.call Social Service below !J?rj*1 In Sed.,Whether tilt SpPoinifflent Can be rosched6led 4. if ;arn. fited or quo a lot)without good will be inualigible for General Assist.inc:e for 60 Clays from the date I vivas lost employed 5. If Iny Case is self CLed Ir r r4tview by it-it, Qudlity Control unit I rniist, cooperate with .hot review. Failure to do so rilay result in discontinuance of aid, and ineligibility for nine monill 6. i.must give my Sorwi Security Nurribi.-Y (SSN). 'The SSN wtil be :used I,%.tha(l,-ing identity and preventing duplicate issuance ss4ance of GA. The SSN and any other information provided may also be used for computer matches,* revieM. -Ind ' 7. 1 must CALL or WRITE my Eligibility Worker when there is ANY CHANGE in my address, income, property, of 6umbar of people living in my horrie,WITHIN 3 WORKING DAYS of the ch loge S. A statv law.requires the county to givo to law enforcement agencies certain information about,GA recipients who hovo (fied•or.for whom a felony arrest warrant has horn issued, Phis information is: narne, address, birithdate, SSN,and 0hysl(al description 9. 111 iave no horne address, and my mail is.being dell vered to tete Soci it Service Office or other mailing addirtns, it is myresponsibility to pick it up, i agree) to pick it up every week 10. if I give information that is not true, or if I don't report changes to my kligiMlity WoftMr which affect 'My case or the amount of CA I get,I may be criminally prosecuted rind have to pay a fine or go to jail TYPES A�&.UAN.G.- S EV RYON.�,KIQlj�PQRT I A chzinqe of residience (the place you are actually living) You must report your new address and the mine and ,Odress of you*r Iiindlord You must sign in approval for your larid!cird to ,e;ez-,e information verifying your living ,6r.-angern-ents,'Chorige in housing Coos- rentor-utility Changes. 2. if you Dan to leave this county 3. A charige of fiouseho;d composition .. :f anyone, ihOuding chidien, moves into or out of the house. A Change of flitirital status 4 A c.'hangre of employallOnt status- if o0yone, including rhildren, it-, the household starts working, stops working, or tiecornes unable to work.or goes to school I trtiining. S. A change in property holdings- if any tneiviber.,of it%* household I)uys, sells; or receives as a gift or inheritance, a house;car insurance,stocks,bonds,eel. .or 11 a bank accouni isapened or Owed. 6. Acha6gein income -following isaItstW'ty;1,*50f i'l<0ITW-that rntist bereportad This list is not all-inclusive., a -iriopey oorrowed (ioans) 0 Alirnonyl(hii'dsupport a money eijtried Nvages) 9 incorliet Itorn, or acquisition of (oal or personal property L III gm 0 C ate money froprison Pecking/Soviriqi coctounts 9 tricorne'Tax Refunds(State or Federal) o Inheritancoi 0 State Disability poyMoIll, 9 Insurance Benefits 'I Unjorl poyments I flonsions o G!iiriis i Scholarships / LokinS given to.you to attend sr.hool 5.06PI Security Payments 0 Gifts cat trionoy ircim relatives or friends s.; radera.t.0isability Payments a Money received from giving blood or plasma 4 . s Department of Rehabilitation money given to you to aww"id classes,or for any other.roason 0 Private Disability payments 6 Life 164.tu�rar)Ce rnbney 0 Welfare paVrnent from any Olhefftol.Q ot cGuOtV # Legal set tlemonts andlof awards by tale eojjr.t,:'- ineonie from self-employment,Including street vencl+ntl 0 Veter,)nS i'Lensimn/Awjrds/Bonu-x% • Retires ent pensions or funds * Other pensions Gifts of food.clothing,or other contributions in.kind * Lottery winnings ksonoy from any other source 0 Pan liandhng 7. ANY L.I.JiMiP SUM PAYMENT MUST BE REPORTED IMMEDIATELY, A LUMP SUM PAYMENT IS EXPECTED To SUPPORT YOU AT TME RATE OF $325 PER IVION7M v'OU WILL'SE INLIMPLE TO RECEIVE GENERAL ASSISTANCE DURING THAT P-ERICID ADDrnONAL RESPONSIBILMES OF -ALL UNEMPLOYABLE APPLICANTS/RECIPIENTS 1, 1 uodiii'miand that I have the responsibility to gdt proof vix.I am vr.employal)!e, 2. 1 understand that I MLISt apply f'o'r SSI!SSP I il the Socia! Service Department Ie-quests nie to do so, and will,then be considered an applit ant for Interim Gene:a:A5.siStance 3• 1 understand that 1 must actively r,4)oifipaw in'a training, re-trionin( educoliorml or rehabilitation progf.im, if 1"ecloirect by the Social Service Dc-parit-ricol ,.TAN — 3 - 94 MON 14 : 56 P . 15 CON RA-CO TA•b-OUNTY SOCIAL SERVICE DEPAI,TTME.NT RE1 EARAL FOR Al�C + �:.AND. I RtIC DIVERSION SERVICE .w : moi. .".e w w •w �""..'.".. � uw w .� r'�. w .Tp G w .�".. w`.. w"".+ .... .... w•:`a. �:» .�,r ++ •w .... w ... -. .... w � .w rw .� �.� w i�w NA E `}' r" , SOCIAL SECURM. NUMBER ir�ygi.FMS•.a4_�1.+M.la�•Ytf1��14Mry1 .1oMW..M.Fp�wWNYI..�r�iM.��.rr+N+�MV4_.Ywr�raM.YW�r Mwt`ie•-:ne..Aropmarar.;.-ai...rrprY..r.lr..�r .�_w.Iw+4Lrew./�.+rwWMMr_IYI' ADORESS TELEPHONE NUMBER �y f ,.� ��rf � '%I f� ar+' •� iirriryprrt�.rwYiP�.w_..lwr� ifin/aa Y"_r'IYWrwaarw:rr+:..W� oaf rwaw__bwri4.•iFw M+.ta.wwrrwa...;ya+w.•'i.rw+�4..+w .ww+._. Yrr� r ► fDDa,�'e required,to.keep an Intake ir,tervievr apIS +Irimerrt with Alcohol-and Drug Diversion Services. r ► Your appointment is scheduled for,4,' 14.the GAADos office'at y (.:'1 1301 CtMing Blvd., Richmond ffele.phohe #374,2091) (: i0:0ouglis give, Suite 120, Martinez (Telephone #313.1120) [; 1 2400Svearnore Dr., Suite 29, Antioch (Telephone #427-5582) n . le t o.kLW.jb. —0 s�ti�r+�:: ..Yo frau rovid nsir�t theAAAD .At . .4$: 3�1rify.th t tfi ;8 ae .� .?tte..rp 10.you.pra busirgaed to participate in the G�ADG3 ptograrn. you must-actively and cooperatively : 01ticlpate. The rules and•regulatlgrxi int the program will be dswscr bed in detail to you by the GAADDS • s�.ss�i. IF YOU FAIL.TO KEEP ALL SCHEDQL.ED.APP?OoNTfv1ENTS OR FAIL TO FOLLOW THE MULES-AND. I~Ei:CUf,,,47EE�N OF THE GAADDS`PI§0Gr%:A. I YOUR ELIGIBILITY WOnKER WILL BE NOTIt`IE0. AND YOUR 'QUI 1.A-$ISTANGE Wlt�L:BE:ijlwCO'NTI vf1G�. Al$t�, A PEA100...OF INELIGIBILITY MAY bE-'IMPOSED AS DESCRIBED ON YOUR "GENERAL ASSISTANCE COOPERATION NO*nCE'. seldYSCyx�mB:.mrataLazrZi'T 7paxiaa=MQiimesaaaaaax"d7. ao:0 �rzazz C0 l.ttg a to accept this referral, end toactively:4nd cooperstiv-.ry perticipa�to If i am asslgnsed to the prorgrarn. i cen,crrt-that the CVLADDS prograrrr may a dose the uaclel Swi ce Deperurfent whether or not 1 keep this appolnirnett4 what my Treatment Plan will 6a, &roti wherher or not I compNl wrti9 program requiremphti. I Understand that my GAADDS program rocdirds•are protected under the Federal Confidentiality Regulations and cvanot be dlsclpsed without my written cont Ont urr/oss:othanWze provl�f(�tor in die regulations. I aloo 6pderstt�nt. 46at 7 n7ay revoke 61s consent 4t any time except to the event alat action has been re6ifirl reilance ori it'(e.g..pr6badon, parole, etc.)snd-that t7,ay evot:t tin's consent eViies etutometicaW as desarlbed•below. . St-ecifid'-on of the date, event or con diJon upon which this consent elrira& c A+!b m:x 4:4 as=>Y a/p G ak 7t��rs a:r. a a6 Irl�: _� >'x•z t;z>r !�:u y n r::Ie m:n�•�:r a� u ss :: q:m r:. r.s a s s R K�c r s■f Ia�C�s . SiCIr;ED DATE .."moi�'w .T+.y��. w. r�"J.r�� �iwr....� ,�,.•�..�::•Y:.�%.••r �N� ,..� +r".r..e��� � ..:.fir � r. .. w..r.•rp ,. .�i w _. .r �.w. rw r:i «. .:.,•« .rC r'ri.i...+r .«'rte�w�.w_. �.. ... r. ...w. "..L.G rw..M REFER RE. .8Y• PCN EW PCN TELEKAE NUMBER if • !• It d 3'lteirai 1t r-_, •M w_ Li.S aT r• � .Y. w.F1r M a.- r � r i��_his rM T w• r �• �.wi � YF�iY�ai" w..w .•..L'":y✓.,ir ...C ,". _a. w.r< .r .w ..► r p_r1•'::,aT, .� 7. .."'.r. r. ._ ... w. .. w ...... p. .w rp w w Gen':4•111-.(rew.16/92) Copy 7: Client, copy. ::G i'f! -JAN = '3= 94 MON 14 : 57 P - 16 ,l5+" rR .. Alcohol f Mark Ffr+trcanr I�iV�I'+�sir�. .�'sl:rviCE?S, H ea' !-th alre..vor•14ejiith':.•rvicos Com: p ��• . Services Larrti S,sttan • A�:ii:;tanl!n ttlL'171rpclOr Dep'artment Gary Han,01on Now,m IJIrCc;to • � .�:;fit:•..i ' e. -Q.-WE MATiON FOBLYC�,t1!'3, CflFD[11_E13 NTAKE Pr OIN7'MfNT Dear .IIPIri./Mrs./Miss; Y. -du are scheduled for.an lrt a app°ointment on "i6re,� PROGR-A, M SITE: :WEST CONTRA COSTA COUNTY 130'11 & 1310 Cutting.Blvd. richmond, CA (510) 374-3091 r -OE:NTRAL CONTRA COSTA COUNTY 10 Douglas Drive, #120 Martinez, CA (5.1.0) 313-1120 .. EAST CONTRA COSTA COUNTY 24-00 Sycamore Drive, #29 Antioch, CA 1510) 427-8582 'Ef;;y.ou �iaVe a.riy questions regarcl:ing,yo«r•res,)onsibilities, please do not hesitate to all:the± AAD0 office. Failu�rd.io show'fo.r this scheduled appointment will require ps'to -rre ler:your case back to -Social,Services. Sinc,are;lr, i .,moi!"��.� -. "'" :_',�..`�`:�JY'Y•• ... ..... {Inf: _._...�._......�:'r..rLG�:t ....��. OAADa Courss for Participant's Signature 1 have re:;eived L _tickets for transportation to return for this Intake appointment YES NO 4 -TAN — 3 - 94 MON 1 4 - 5 S P . 17 a C : :AA•CO25TA COUNTY SO.C(AL SERVICE DEPARTMENT GAADDS/SOCIAL••SEAVI•CiE COMMUNICATION tel:! � ww �_ w- :M W. _. _• �• w1 r- +. r atl• M •w r. r r ww w wr r. w r r r r —_ Y_ •.r �. .� yam.+ w- !. Y M_M � iM NM 1r NAME: SOCIAL SECURITY NUTABER AbbFIESS TELEPHONE # TO: SOCIAL (SERVICE PI-A St 1... �! i;benr•tarled to kFet"P the 11'rt;lr'Sf?�l r('l'+7i?�aJ:dl)11C)l:iil if?,rl l�,'4::r.!: 1 J Olerit kept-the Intake gippQ!r)W00m, but refused 10 VOL)fAllW0 k-lftWW?X1W). (1 Client kept,hv il7take a[)poinuriarrt, nut 176$ IM-011 frtriur A) !A? !1W?D,)-!if", 1`r:? ;(:; the 0iil. (not c,7err)ir?ally dope rldr!!7t) PHAS5 2... (J OtllLi fi3flllrt?, Sp:?c.ifiG;i: (J Client has been DfaV70sifi: C>.a Duration of Uric°rnalr; atiliy:. sc�arFj.. .. ... ..... ... .. . ........ ._....... ... _ ..._ .o-x.. :� -, ASS .. =� y r P 1't S r 1 war. ... q<cl el171 has t een tF)7)e)nmar?d Mum lho pragralm f r ' JC tlr it ri ! 'O •: W t rt '1'ailurrd to Inai•ltmill total abstilum,6F t.rr ( f failure to accept a mandator y referral .. _...--t ......._.. ( J failure t0 attend twolve step mc�rtir)g.iurir)g alp: we,..?k...c)'...l ( J 1'a)lurc to tclst on _ ..-•._.-•.fc r,rs�� _-_... 1 J Disruptive bel7avfOr On . �..._.... .... ..,..-. ,..�...�....... (c7':le) 6 PLAN:.... Unexr:used abscrlce�s ar7 y' �! �eiar�•±s) C • �_ +�� �:,� bre. ��w. •��,�.... r. .__._."��:�;�...�.,.. .'.��•. • ..,�..-.__._.._..�....._..............,._.... 22 -1 17 ti' :J •.. -;1 f, :7 _ :i: .J 'L' A f' .i •• _ .. y� w • r... . �. .. .. . - .. .. .. to !] 9a w S Y' 'J: acus 00UNSELO ,_._.• I DATE r. :r rr:v:s:: __ •;'. " .I^�`.x rr s a r.r .. .;.,. .. .� ..." AA -r f, V E. e. : ,,. l.. ... .. ..l .�u ::r a•lfi::':n o ::: Gen 4158 (rev 10i19<) Copy t; GA fastonar 2; capy.2: a-MADDS GUO A/d l i k `Q- to �,efhcS -1 r - /f had A av� ���'� n � �� F.� d � h�U� S e V C, �e /Y7 6 it.fly �P-c 0,"7 o-C Gel 1 S /yak -e .. �`i0U� Jj yo e4 NO o oc,, �. / � k Coe 12 ac( cj h-,e- lxa 1 i '' Clap, h ov Carl Baldwin RECEIVED 0709-0435479 DEC 771993 Page 5 CLERK BOARD OF SUPER ORS .___CONTRA COSTA CO, ORDER Claim is denied. Claimant's G.A. shall be discontinued and a three month period of ineligibility ineligibility shall be imposed. S—ocial Service Appeals cer Date r Ap&aIs Program Manager Date If you are dissatisfied with this decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine St., Martinez CA 94553. Appeals must be filed within fourteen (14) days of the date of this Evidentiary Hearing Decision. No further aid paid pending a Board of Supervisors appeal. H.1 C TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department .DATE: February 15, 1994 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING D E C I S I O N B Y D O N N I E S M I T H SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Donnie Smith's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on December 2,1993.The Hearing was scheduled for January 12, 1994. The claim was denied. Signature: ' d)&j1,k"y1t4 ACTION OF BOARD ON February -15 , 1994 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by Donnie Smith from the General Assistance Evidentiary Hearing decision. Jewel Mansapit, Program Analyst, Social Service Department, appeared. The appellant, Donnie Smith, did not appear. IT IS BY THE BOARD ORDERED that- the above recommendation is APPROVED;- and the appeal by Donnie Smith is DENIED. VOTE OF SUPERVISORS _x UNANIMOUS (ABSENT ) AYES: NOES ABSENT ABSTAIN Contact: Jewel Mansapit, 313-1601 Original: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS cc: Social Service Dept. ON THE DATE SHOWN. Program Analyst Appeals Unit ATTESTED February 15 , 1994 County Counsel County Administrator PHIL BATCHELOR, CLERK OF THE Donnie Smith BOARD OF SUPERVISORS AND CO TY ADMINISTRATOR By De uty Clerk CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department - DATE: January 26, 1994 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 Donnie Smith aaaee==e�a�a=aneaeaaeaeeee=eeaa�messee===e��a=eeaaaeeae�ee Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing by February 8, 1994 plus any information which your department may wish to file for the Board appeal which is set for 2 :00 p.m. on Tuesday, February 15, 1994. Attachment CC: Board members County Administrator County Counsel The Board -of Supervis9k Contra • PhU Clerk of the BoarBatchelord and County Administration Building County Administrator 651.Pine St., Room 106 Costa (510)U6-2371 Martinez, California 94553 County Tom Powers,1st District Jeff BmM,2nd District Gayle Blshop,3rd District Sunne Wright McPsak 4th District Tom Torlskson,5th District January 26, 1994 Donnie Smith 1612 Barrus Avenue Pittsburg, CA 94565 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 . 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 :00 p.m.- on Tuesday, February 15, 1994 . 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 Adm' . t or By lAd I;r ., 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 COUATY,CAIdFORNIA • Adopted this Order on August 4, 1992 by the following vote: . AYES: Supervisors fanden, Schroder. Torlakson, McPeak NOES: None ABSENT: Supervisor Powers ABSTAIN: None ssssssssseesssss:ssss::::sins:ssessesssssss::sesssec= SUBJECT: General Assistance Hearing } Resolution Number 92/554 and Appeal Procedures } 7be Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365.75/28, 87/468,and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients:ball 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) 7be applicant or recipient must deliver or mail a written request for a hearing within fourteen days of the date the Notice of Action was mailed.Absent evidence to the contrary,the notice is presumed to have been mailed on the date it bears, and a request for a bearing is presumed to have been delivered on the date it is received and mailed on the date h is postmarked. 104. Where a GA recipient timely requests a bearing challenging a proposed action whicb 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 scbeduled within thirty days of the date of receipt of a request for a hearing. 7be 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 receive4 the claim may be reviewed and resolved in the claimant's favor by a pre beating review. (a) Proposed pre beating 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,wbicb require verification: (a) bearing is continued at request of the Social Service Department, w�.ww•�ww.w�.www.w..w ��rte. (b) mandatory court appearance which cannot be accommodated by a4justing the bearing time, (c) illness which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager), 108. Decision, (a) A written decision shall be mailed to the claimant within thirty days after the bearing record is. dosed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shalt be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.Zhe 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 within fourteen days after the decision hes 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 shalt not be entitled to continue to receive assistance pending further bearing. (b) The appeal will be scheduled for the first available Board meeting,but no earlier than the third meeting following receipt of the appeal. 203. The Administrative Review Panel may review appeals of Hearing decisions and recommend proposed action to the Director. (a) If the Director supports the bearing decision,the Appeals unit will be notified to proceed with the presentation to the Board. (b) H the Director finds in favor of the claimant,the Clerk of the Board will be notified to withdraw the item from the Board agenda.7be appropriate Social Service District office will be advised to take corrective action. 204. Both the appeUaat and the Department must file all written materials at kart ane 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 sbaD include the Department"s Hearing Officer's fact findings,plus any papers Sled with that Officer. (b) H the facts upon which the appeal is based are not in dispute or if any disputed facts are not relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the next step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLUTION NUMBER 92/55 206. ' (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 s 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 3s 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 Ksubmission. e..er e.bhr M*r is•ow gee Offm an of V Wt;on rr, WjWW on go W&WO of IM TMI A jC&N-OKELfR-Cis*of go DOW f Am.Wd Oaft RESOLUTION NUMBER 92/JL4 i -A& . �. ' � M "0,000" RECEIVED . 2 4 CLERK BOARD OF SUPERVISORS � CONTRA COSTA{� om- Social.Service DepartmOt Contra • 40 Do las Drive Perlecto VNlarmal Costa 40 Douglas Drove Martinez,California 94553-4068 Director County n: -U. EVIDENTIARY BEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 325288 C4FA Date of Notice: 12/15/93 DONNIE SMITH Date of Action: 12/31/93 1612 Barrus Ave. Filing Date: 12/21/93 Hearing Date: 1/12/94 Pittsburg, CA 94565 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for 1/12/94. Claimant was duly notified of the date, time and place of Hearing via letter on 12/23/93. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. . REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if a 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 inithe 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. You must submit your appeal within 14 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. Date: 1/14/94 Carole Allen Social Service Appeals Officer CA:sls Social Service Departure ht Contra Please reply to: 40 Douglas Drive Perfecto Villarreal ( Martinez,California 84553-4008 Director Costa t County L EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number:. 325288 C4FA Date of Notice: 12/15/93 �DONNIE'SMITH Date of Action: 12/31/93 1612 Barrus Ave. Filing Date: 12/21/93 Hearing Date: 1/12/94 Pittsburg, CA 94565 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for 1/12/94. Claimant was duly notified of the date, time and place of Hearing via letter on 12/23/93. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if a 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. You must submit your appeal within 14 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. Date: 1/14/94 Carole Allen Social Service Appeals Officer CA:sls i i 1101 RECEIVED - -- --- —,inns 2.4. .L9� .-- -- -------- - — - -- - - =CLERK BOARD OF SUPERVISORS - CONTRA COSTA CO I • Social Service DeparAent Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Dfiector County c+' . rq----------_ EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 325288 C4FA Date of Notice: 12/15/93 DONNIE SMITH Date of Action: 12/31/93 1612 Barrus Ave. Filing 'Date: 12/21/93 Hearing Date: 1/12/94 Pittsburg, CA 94565 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for 1/12/94. Claimant was duly notified of the date, time and place of Hearing via letter on 12/23/93. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if a 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.- You must submit your appeal- within 14 days of the date-of-.this-decision. AID. PAID .PENDING A DECISION BY THE BOARD OF OF SUPERVISORS IS .NOT•,AVAILABLE:: Date: . 1/14/94 Carole Allen Social Service Appeals Officer CA:sls z <, �kdo In Cs t" VAil ,' r r� ! OAk< N q w - v o j i H. 1 d TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: February 15, 1994 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING D E C I S I O N B Y C O N N I E B O R J A - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board continue Connie Borja's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed requests for Hearing on October 22, 1993 and November 19, 1993. The Hearing was scheduled for November 22, 1993. The claim was denied. Claimant has requested continuance of her appeal. �1 � 7 Signature: P46&t/4 �LAi-0-a ` a� - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON February 15, 1994 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by Connie Borja from the General Assistance Evidentiary Hearing decision. Jewel Mansapit, Program Analyst, Social Service Department, appeared. IT IS BY THE BOARD ORDERED that the above hearing is CONTINUED to March 1, 1994 at 2 : 00 p.m. in the Board chambers. VOTE OF SUPERVISORS _x UNANIMOUS (ABSENT ) AYES: NOES ABSENT ABSTAIN Contact: Jewel Mansapit, 313-1601 Original: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Social Serviye Dept. Program Analyst ATTESTED February 15 , 1994 Appeals Unit PHIL BATCHELOR, CLERK OF THE County Counsel BOARD OF SUPERVISORS AND County Administrator CO TY AINISTRATOR CC Legal Services Foundation Connie Borja By a DejAuty C erk H. 1 TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: February 15, 1994 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING D E C I S I O N B Y K A T H Y S T E W A R T SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board grant Kathy Stewart's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on November 19, 1993. The Hearing was scheduled for December 13, 1993. The claim was denied. Claimant has estabished good cause for the program noncompliance. Signature: _/L,�& ACTION OF BOARD ON February 15 , 1994 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by KathieStewart from the General Assistance Evidentiary Hearing decision. Jewel Mansapit, Program Analyst, Social Service Department, appeared. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED: and the appeal by KathieStewart is GRANTED. VOTE OF SUPERVISORS x UNANIMOUS (ABSENT ) AYES: NOES ABSENT ABSTAIN Contact: Jewel Mansapit, 313-1601 Original: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES cc: Social Service Dept. OF THE BOARD OF SUPERVISORS . Appeals Unit ON THE DATE SHOWN. Program Analyst County Counsel ATTESTED February 15 , 1994 County Administrator PHIL BATCHELOR, CLERK OF THE CC Legal Services Found. BOARD OF SUPERVISORS AND Kathie. Stewart CNTY NINISTRATOR by If j ADep ty erk The Board of Supervisors Contra ce(rk) hellor and County Administration BuildingCOSta County Administrator 651 Pine St, Room 106 (510)646-2371 Martinez, California 94553 County Tom Power,let District JO SmNh,2nd District Gayle Bishop,3rd District Sunne WdpM McPsak 4th District ` Tom Tedeksom 5th District February 3, 1994 Kathie Stewart 435 8th Street #B Richmond, CA 94801 General Assistance Benefits This is to advise that your hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits has been rescheduled to February 15, 1994 at 11:00 a.m. before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California. 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 'stra r By. n Cervel i, Deputy Clerk Enclosure CC: Board Members Social Service Department Atte: Appeals and Complaints Program Analyst County Counsel County Administrator Contra Costa Legal Services Foundation 1 CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: January 21, 1994 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 Kathie Stewart Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing by January 25, 1994 plus any information which your department may wish to file for the Board appeal which is set for 2 : 00 p.m. on Tuesday, February 8, 1994 . Attachment cc: Board members County Administrator County Counsel I �.—�,a ijr ? t'i�, �1 ,,3e� � (,j; iii�'I'; I _�IL.�,k;'t LAW OFFICER OF CONTRA COSTA LEGAL SERVICES 1{'t'OUNDATION Main Office Telephone 1017 Macdonald Avenue Wast County(510)733-4954 P.O.Box 2254 Boot($10)439.9166 Rlchtttond,California 94802 Central(310)372-8209 Fax(SIO)236.6846 TELECOPIER 4RAN8XX8Zj0N COVER MEMORAMOUM DATES February 1.,1.994 TOO. _ Beard of SuRervisors, CCC,A"n. Ns. Anne Cervelli FIRM: CCCBoard FAX NO s 646-1059 FROM: ELLEN J. T BACHNICK AR FOR MS. KATHIE STEWART 9X�j RL: Position Statement for 2/t3� /94 Board Appeal TOTAL NUMBER OF PAGES (including cover shoot) : COMMENTS$ Thank you. Hard copy to follow. PLEASE ISO ONE OR MORE OF THE FOLLOWING: X P10400 deliver immediately to the Recipient. Please request the Recipient to telephone the Sender immediately upon receipt and review. Please have the Recipient verify receipt by telephone. original will not fellow. Original will follow by (check one of the following' X Regular Mail Certified Maile Return Receipt Requested Express Mail Federal Express Other: (FOR QUESTIONS CALL: (510) 233-9954) Got J r '_4 F its r'::ML SF � - _i_ LAW OMM OF COM RA COSTA LEGAL SERVICES FOUNDA110N t+wis 0t6oa T 1017 aha &MW Aveda Waal Y 010).2334W4 P.O.Boz 2W R"(310)43"1" Rkhmba.Cd16a.oia 94802 CanW($10)3724=9 Fax(3 10)23"$46 February 1, 1994 Senj;, by..rax an U.S. Mai 46- 1059. The Board of Supervisors, ccc ` County Administration Building 6sa1 Pine Street Martinez, CA 94553 RE: KATHIE STEWART G.A. Board Appeal 2/8/94 Position Statement Dear Membera: on behalf of Mss. Kathie Stewart, Contra Costa Leval Services :i Foundation respectfully requests that the GA decision of January ' 3, 1994 be set aside and this Board Appeal granted. This appeal position statement covers the months of September 1993 - February 1994. 1. ScMMY OF E' = Ma. Kathie Stewart was terminated at the end of November 1993 for failing to attend a November 2, 1993 GA workfare appointment. Neither party disputes this. Her appeal was unsuccessful and a -90 days sanction was imposed. After her daughter helped her fibs this appeal, CCLSF was recently contacted and is currently representing claimant. My client, Kathie Stewart has explained that she has had severe emotional difficulties for many years. She has explained to the CWD that her mental disabling conditions have been treated off and on over the years. Her Richmond Health clinic records indicate appointments regarding her health including tests and X- rays for T8 exposure, ODIGYN problems during this time, including 9/16/931P 10/15/93, 10/18/93, 11/10/93. She continues to be seen at least monthly. On one of her appointments 11/10/93, do or"s Durso, who also provides the medications, provided written verification reflecting 1041L - .11 10 v inability tp work (attached) . Even before she learned of the'medical. results of the question of exposure to Ta test (positive PPD test results) , Kathie suspected (unlike previous tests) she had been exposed because she says she developed symptoms. Since Ms. Stewart believed one or both conditions were contagious, she did what she felt was her responsibility including on. 11./1/93; to continue to take her medication(s) , go to her clinic appointments, and limit contact with others until she improved. In addition, over they last 6- 9 years, she explains psychiatric care was provided .at Kaiser, Richmond and Last Bay Hospital, Richmond, where she said she was once hospitalized by her family. Currently, she has an SBA/SSI application pending, and is represented in that regard. My client had and continues to have difficulties meeting the GA employability requirements. She suffers from a severe depression that continues. In the months of October and November 1993, the emotional problems were coupled with physical. problems. Different medications were given for different health reasons. (RHC records) She also has a history of substance abuse secondary to mental impairments which -made performing workfare difficult. Nonetheless, she did workfare 10/26/93. She explained that unlike 10/26/93, she was used to doing workfare outdoors. This was "easier" then when she: had to go to the Recycling Center for workfare. She said she had the TB exposure results, was on medication for OB/GYN reasons and TB exposure and thought so long as she didn't expose anyone:, she could do workfare. Ipso, on 10/26/93 she was sent on a workfare assignment where she had to "Sit in close proximity both in the van, and in the recycling center room" she worked in. Ms. Stewart says she wore gloves, and Tasked for a face mask, but none was provided. � Due to her fragile physical and mental health, she was very upset by the changed assignment; because she perceived she was "in-an enclosed van and in an enclosed room". She was worried about exposing others. My client explained this sent her into "another severe depression". So much o that she Mas fearful of-aping through it wain- Novembgp 2. 1993 the day ,she missed workfare Kathie Stewart also has a substance abuse history and is an active participant in the General Assistance G.A.A.D.D.S. program. In November 1993 she walked to several 2 hour small group meetings with GAADDS; November 8, November 15, November 11, November 22 and Novembe=r 29 (verified in GAADDS records) . This is her treatment for the addictions. However, thg de2risj2nfound that s a V n that the@ s U 0 51-cagget, fQr hgr missing wotifa+^e November 2 1993 (49-111, II, G, 2) . This was recorded in the decision as an "inconsistency" to her explanation of the missing 11/2 GA workfare. We disagree. In fact, it's clear that had the fact-finder had com e n orma►t 00 it-could rle a diffSrence. CCLSF asserts that the County had important information and indicators in their files. Had CWD staff clearly indicated them at the appeal, they would have had more information for the hearing officer that should have shown the fact finder that "good cause" did exist. ?'"R Mf C*0S'All ` tip'. My client has psychiatric disorders that limit her abilities and affect her abilities. She is very sure 'she has told County staff verbally and in writing that she had mental health (and substance abuse) problems, indicating this in previous GA application stateuent of facts: , e.g. , "ms.ital disorder depressions". (11/92 Gen. 13) The record reflect she became homeless in July 1993 until early mid January 1994. Kathie Stewart has tried very hard to keep a job. She had several housekeeping and seasonal fill in positions but has been unable to maintain and keep employment because of "severe depression$'. She is waiting to be seen by the West County Mental Health Clinic; it appears she was referred by the RHC treating physician. Kathie Stewart missed, a workfare appointment November 2, 1943 while she was sick. As stated, the 1.1/10/93 clinic note written the date of one of her follow up clinic ,appointments (11/10) indicates bar inability to work 1plis --�13.11Q. This was precisely dUring the time that is in issue. The decision states than this was presented at the hearing but that it was not "verified by her physician". Had Ms. Stewart known this was the standard, she could have contacted her doctor. In fact, as applied, this verification on it's face should have established good cause. That is also an error in application of the G.A. regulations. Kathie Stewart did not go on 11/2 because she thought she would pose a risk to others going, again into a van and again doing workfare with others in close proximately. Also, she says she was so depressed about it she couldn't go and perform workfare. She isn't likely to have discussed this much if at all at the hearing. She ad try to explain her emotional problems. From the 18/15/93 TS exposure test, and the oB/GYN condition and medication, my client, depressed and believing she had to protect ethers by staying away from any large group of people did not go November 1. She believed TS exposure: was confirmed at the 14/18 clinic appointment. She thought hoth medical problems were probably contagious to others. The combination of physical and mental health problems meant that on 11/1./93 she was feeling miserable, depressed, anxious, and upset by the medical problems she'd learned of. Ms , Stewart was taking several medications according to they clinic notes. Furthermore, Kathie Stewart has dome to believe that she has become disabled in the last couple years in large part due to "substance abuse and mental disorders'$. Specifically, my client states she has a hard time functioning independently. For example, she tells us that her two adult children ages 19 and 23 help her almost eveXY day with many parts of daily life that others take for granted. They help her take care of herself. They both come by almost every day. One or both daughters help her almost daily with cleaning her apartment, put out clothes for her, help hE - do her laundry, stake sure she shops, and eats, get to her eppoirze:nts, pay her bills, and either one or the other manage her GA fir her. They helped deal with the HUD subsidized housing author-ties staff who ended her homelessness mid-January. They see her daily because of ON their concern and her needs. They know of her emotional disorders and previous substance abuse. As No. Stewart tried to explain and her adult children confirm (see attached) , she suffers from continuing long term severer depression and prior substance abuse. We are told she has difficulty thinking clearly when she is depressed; whish is the majority of the time. She goes to her "druglalcohol recovery" meetings at GAADDS and that's "a lot", for , She says she also has a hard time sleeping, eating, and says unless she's taking -medication given for appetite, she doesn't like to cart. My client has a lot of things that have happened that have caused trouble "coping" with her "daily life". My client is somewhat reserved and well groomed. This may be why these impairments are hard to seta.. However, because of the major life activities she cannot do, she should have been re-- evaluated as u emfl ovA le. Kathie slid the best she could, given her disabling limitations. My client explained she was and is able to sit at GAADDS for two hours, If in fact she's unemployable and was then, she should have her GA status re- evaluated, which is requested hare. She thought "sitting in a GAADDS meeting with 4-6 people" who "didn't sit close to her" Was different from her being in a van "filled with people", and working in an "enclosed space". This got her depressed and she could not do workfare anymore. Nave er 1. 1293,--sba w�ll, degressed and_,1e eved is good lath,.,sloe was coulaalous. That is why she star 'fit. able to g9=lX- It was = an " cQnsJ t�,c:nt`" explanation. It was an incomplete explanation, caused by her own difficulty in explaining the chain of quick paced health care events. In addition, she "did not think anyone at Contra Costa County Department of Social Services would listen to the details of her depression". She said no one had until then. She did not feel she was able to explain do workfare on 11/1/93 as well as to the present. She likely should have been a "GA-U" instead of a GA-E". Claimant continues to have difficulties with the CA employable eligibility requirements though not through any negligent or intentional act on her part. In fact, it's the opposite. ids. Stewart did workfare 10/26 sick and impsirpd, and 'suffered quietly. ,She faithfully attends GAADDS meetings and says that's about all she can do. . And she does this with lots of support from her daughters. II.. LEGAL ARGUMMEN S The Sanction Shall be Reversed As .Claimant Lacked the Capacity The claimant, Kathie Stewart, should have the 90 day 'sanction And_ termination reversed, as her failure was for good cause, D.M Section 49-111,11, G2 (a) and (f) : the failure occurred byreason of a disability under the Americans with �1 4 ' 4 ;T, -.. Disabilities: Act. (Publio Law 101-136, codified at 42 U.S.C. 12101 at seq. In determining this, the claimant has notified CCCASS of her mental impairments. She Lias informed CCCDSS staff of her adult children -helping her, and that she is trying to do her best. An individual assessment based on reasonable judgment, relying on current medical knowledge or the best available objective must be made to ascertain: a. The nature, duration, and severity of impairment(s) , b. the probability or risk of injury if Kathie Stewart is required to participate in GA-employable activities, (unlike GAADDS meetings which are unrelated in this case and appeal) , and 41 C. whether her medical and/or mental impairments by reasonable modification of CCCDSS GA workfare policies, practices, or procedures can be provided by auxiliary aides or services. By this appeal, we formally request the CauAty assess her impairments and disabilities and determine if her "u-sel status continues. In doing so, given the entire health history, Kathie Stewart, was and is an unemployable woman who needed an individual assessment (49. 210, II, B11) . She should have had this prior to any decision. She was seen at the Mental Health Crisis Unit 1/4/94, but is unable to obtain an assessment (I am told) appointment until March 1994. It would ,fit place an undine burden on the County to review the assertion that her disability "substantially limits" what she is able to do (29 CFR S 1630.2 (j) . If the County says it does exist, the assessment could help this. Thus, pursuant to the mandates of 42 U.S.C. 512101 (x) (5) 512103 (2) , 29 C.F.R. 51630.2 (n) , since she is now in recovery (without dispute by GAADDS) and no longer using illicit drugs, she is covered by the ADA (42 U.S.0 S 1211 (69)a; 29 CFR S 1630.3) . She also has alcohol substance abuse. For those who might ask why this information was not detailed at the hearing, sty client stated that the hearing process was "inti, ida ins", and that she was being given information not in language or form understood by her. (D.M. Section 49-111 111 G, 2, f. The illness, from 11/10/93 clinic verification of inability to work 10/18/93 - 11/10/93 should have enough. It appears from clinic records the client had been involved with a variety of tests and x-rays that were being performed to determine the etiologies and current status of a 9/93 positive TB PPD skin test (PPD Purified Protein- Derivative) which was treated (according to my understanding of the hospital nates) with INH (medicine for exposure to TB) . On October 15, 1993 she was apparently tested again for TB exposure as well examined and tested and treated for the 08/GYN medical problem. My client should be recognized for her cooperation in October, Dt sanctioned for missing workfare during a time she had medical verification for to show inability to work. Furthermore, her attendance at GAADDS during her illness was n2t required. Yet, as she says, she tried to testify that sitting in a meeting at GAADDS is riat comparable to working 8 hours in close quarters. It is reasonable to conclude that she had a good faith fear for her health and whether she had been or was contagious to others. CONOSISt� CCLSF request that Hoard of Supervisors to follow their own Board Order, 092/887, comply County and federal law and grant the Appeal. Respectfully submitted, CONTRA COSTA LEGAL SERVICES FOUNDATION • 4 By: HL�,EN TAVACHNICK Authorize eprssentative EJr :vh cc Kathie Stewart �r JF 1, Shawna Freeman hereby declare as follows: 1. Unless otherwise stated, the following facts are known to me personally. I am competent to testify and would competently testify to the following facts if called as a witness. 2. I have read the Legal Aid February 1994 appeal statement to the County's Hoard of Supervisors. I helped my mother appeal the decision by writing it and sending it for her. 3. Everything my mother explained to Legal Aid, and what is explained by CCLSF about my 'another Kathie Stewart from my knowledge is true and correct. in fact, my mother has a very difficult time emotionally the vast majority of the time. Either my sister or I go over to her home every day to see how she is and what is needed. My mother Kathie Stewart is emotionally disabled. Her severe depression is hard on her. We help her clean, do laundry, shop, dress and other daily tasks. We keep track of her appointments and help her g+et to her appointments. We manage her money. Some days are a little better than others. When my mother says she doesn't know or knows but doesn't understand she is telling the truth. In October - December she was going through a great dead of physical pain on top of her is continuous mental disorders. I personally observed this in October, Novembere and December 1993. (That's the only period of time I was asked about by CCLSF) . There is no way she could have done GA workfare in November or December. Shot's not employable anymore. She was taking medications and still. does. My mother's ability to comprehend is reduced by her mental disorders and ;I history of substance abuse. She has difficulty explaining things. I know she was not and is not well enough to perform '8 hours of GA workfare every week. She was also and continues to be incapable of understanding her legal rights and legal responsibilities eche has to the GA problem. she gets: to her GAADDS meetings with our help. My mother is not emotionally stable enough to work. 1 know this because I see her, listen to her, watch out for her, and know her needs. I live, in San Pablo, California. My sister lives in Richmond, California. I declare, swear, and affirm that the facts asserted are true an correct. Execute in Richmond, California this lot day of February, 1994. SHAWNA FREEMAN, DAUGHTER .i,r_�I1_1�1 I'.:I;? .:il �r..�}' '-•I•�� '--`�'4` --'"—�r•T • rJl.�i• li-. _� K 384 ....�. "d i 1,•10 9. 3 ;_• RHC y • �.w s-- it . STEWART KATHIE F 2/16/1959 510 237-9084 . 1�'IOrla nnbr)n` k6-1 AT Q PgL FLOUTSIS. G . MD RICH AND CLINICS REPLY TO: Patient Name: t rY 11. -��� �Ct� Date: MERRITHEW MEMORIAL HOSPITAL AND HEALTH CENTER: TQ WHOM IT MAY CONCERN: 2500 Alhambra Avenue Martinez,CA 94553 The above named patient: 1510!370-5000 ' Is able to return to work or school on BRENTWOOD HEALTH CENTER: States he/she has been ill and unable to work from 118 Oak Street Brentwood,CA 94513 through (510)634-1102 ❑ can return to restricted duty on . The following ❑ PITTSBURG mtriction(s)apply: HEALTH CENTER: 554 school Street Pittsburg,CA 94565 (510)427.8115 Restrictions apply until ❑ HEALNTERt ❑ Should not participate in physical education until -• 38th&Bissell Richmond,CA 94805 (510)374-3028 Sincerely, CONCORD HEALTH CENTER- 3052 willow Pass Road Concord,CA 94519 (510)646.5502 1 ' •ti (S*NA7URE) ❑ OTHER: origine!•PatieN t',gpy-Chert V� ' Contra Costa County MR 81-117102E LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue Wert County(510)233-9954 P.O.Box 2289 East(510)439-9166 Richmond,California 94802 Central(510)372-8209 Fax(510)236-68M February 1, 1994 Sent by Fax and U.S. Mail 646-1059 The Board of Supervisors, CCC County Administration Building 651 Pine Street Martinez, CA 94553 RE: KATHIE STEWART G.A. Board Appeal 2/8/94 Position Statement Dear Members: On behalf of Ms. Kathie Stewart, Contra Costa Legal Services Foundation respectfully requests that the GA decision of January 3, 1994 be set aside and this Board Appeal granted. This appeal position statement covers the months of September 1993 - February 1994. I. - SUMMARY OF FACTS Ms. Kathie Stewart was terminated at the end of November 1993 for failing to attend a November 2, 1993 GA workfare appointment. Neither party disputes this. Her appeal was unsuccessful and a 90 days sanction was imposed. After her daughter helped her file this appeal, CCLSF was recently contacted and is currently representing claimant. My client, Kathie Stewart has explained that she has had severe emotional difficulties for many years. She has explained to the CWD that her mental disabling conditions have been treated off and on over the years. Her Richmond Health Clinic records indicate appointments regarding her health including tests and X- rays for TB exposure, OB/GYN problems during this time, including 9/16/93, 10/15/93, 10/18/93, 11/10/93. She continues to be seen at least monthly. On one of her appointments 11/10/93, her doctor's nurse, who also provides the medications, provided written verification reflecting 10/18 - 11/10 = inability to work (attached) . Even before she learned of the medical results of the question of exposure to TB test (positive PPD test results) , Kathie suspected (unlike previous tests) she had been exposed because she says she developed symptoms. Since Ms. Stewart am believed one or both conditions were contagious, she did what she felt was her responsibility including on 11/1/93; to continue to take her medication(s) , go to her clinic appointments, and limit contact with others until she improved. In addition, over the last 6-8 years, she explains psychiatric care was provided at Kaiser, Richmond and East Bay Hospital, Richmond, where she said she was once hospitalized by her family. Currently, she has an SSA/SSI application pending, and is represented in that regard. My client had and continues to have difficulties meeting the GA employability requirements. She suffers from a severe depression that continues. In the months of October and November 1993, the emotional problems were - coupled with physical problems. Different medications were given for different health reasons. (RHC records) She also has a history of substance abuse secondary to mental impairments which made performing workfare difficult. Nonetheless, she did`workfare 10/26193. She explained that unlike 10/26/93, she was used to doing workfare outdoors. This was "easier" then when she had to go to the Recycling Center for workfare. She said she had the TB exposure results, was on medication for OB/GYN reasons and TB exposure and thought so long as she didn't expose anyone, she could do workfare. Instead, on 10/26/93 she was sent on a workfare assignment where she had to "sit in close proximity both in the van, and in the recycling center room" she worked in. Ms. Stewart says she wore gloves, and asked for a face mask, but none was provided. Due to her fragile physical and mental health, she was very upset by the changed assignment; because she perceived she was "in an enclosed van and in an enclosed room". She was worried about exposing others. My client explained this sent her into "another severe depression". So much so that she was fearful of going through it again November 2. 1993 the day she missed workfare. Kathie Stewart also has a substance abuse history and is an active participant in the General Assistance G.A.A.D.D.S. program. In November 1993 she walked to several 2 hour small group meetings with GAADDS; November 8, November 15, November 11, November 22 and November 29 (verified in GAADDS records) . This is her treatment for the addictions. However, the decision found that because she had performed workfare October 26 and kept several November GAADDS meetings. that there was no "good cause" for her missing workfare November 2 . 1993 (49-111, II, G, 2) . This was recorded in the decision as an "inconsistency" to her explanation of the missing 11/2 GA workfare. We disagree. In fact, it's clear that had the fact-finder had more complete information it could have made a difference. CCLSF asserts that the County had important information and indicators in their files. Had CWD staff clearly indicated them at the appeal, they would have had more information for the hearing officer that should have shown the fact finder that "good cause" did exist. My client has psychiatric disorders that limit her abilities and -affect her abilities. She is very sure she has told County staff verbally and in writing that she had mental health (and substance abuse) problems, indicating this on previous GA application statement of facts: , e.g. , "mental disorder depressions". (11/92 Gen. 13) The record reflect she became homeless in July 1993 until early mid January 1994. Kathie Stewart has tried very hard to keep a job. She had several housekeeping and seasonal fill in positions but has been unable to maintain and keep employment because of "severe depression". She is waiting to be seen by the West County Mental Health Clinic; it appears she was referred by the RHC treating physician. Kathie Stewart missed a workfare appointment November 2, 1993 while she was sick. As stated, the 11/10/93 clinic note written the date of one of her follow up clinic appointments (11/10) indicates her inability to work 10/18 - 11/10. This was precisely during the time that is in issue. The decision states that this was presented at the hearing but that it was not "verified by her physician". Had Ms. Stewart known this was the standard, she could have contacted her doctor. In fact, as applied, this verification on it's face should have established good cause. That is also an error in application of the G.A. regulations. Kathie Stewart did not go on 11/2 because she thought she would pose a risk to others going, again into a van and again doing workfare with others in close proximately. Also, she says she was so depressed about it she couldn't go and perform workfare. She isn't likely to have discussed this much if at all at the hearing. She did try to explain her emotional problems. From the 10/15/93 TB exposure test, and the OB/GYN condition and medication, my client, depressed and believing she had to protect others by staying away from any large group of people did not go November 1. She believed TB exposure was confirmed at the 10/18 clinic appointment. She thought both medical problems were probably contagious to others. The combination of physical and mental health problems meant that on 11/1/93 she was feeling miserable, depressed, anxious, and upset by the medical problems she'd learned of. Ms. Stewart was taking several medications according to the clinic notes. Furthermore, Kathie Stewart has come to believe that she has become disabled in the last couple years in large part due to "substance abuse and mental disorders". Specifically, my client states she has a hard time functioning independently. For example, she tells us that her two adult children ages 19 and 23 help her almost every day with many parts of daily life that others take for granted. They help her take care of herself. They both come by almost every day. One or both daughters help her almost daily with cleaning her apartment, put out clothes for her, help her do her laundry, make sure she shops, and eats, get to her appointments, pay her bills, and either one or the other manage her GA for her. They helped deal with the HUD subsidized housing authorities staff who ended her homelessness mid-January. They see her daily because of W their concern and her needs. They know of her emotional disorders and previous substance abuse. As Ms. Stewart tried to explain and her adult children confirm (see attached) , she suffers from continuing long term severe depression and prior substance abuse. We are told she has difficulty thinking clearly when she is depressed; which is the majority of the time. She goes to her "drug/alcohol recovery" meetings at GAADDS and that's "a lot", for her. She says she also has a hard time sleeping, eating, and says unless she's taking medication given for appetite, she doesn't like to eat. My client has a lot of things that have happened that have caused trouble "coping" with her "daily life". My client is somewhat reserved and well groomed. This may be why these impairments are hard to see. However, because of the major life activities she cannot do, she should have been re- evaluated as unemployable. Kathie did the best she could, given her disabling limitations. My client explained she was and is able to sit at GAADDS for two hours. If in fact she's unemployable and was then, she should have her GA status re- evaluated, which is requested here. She thought "sitting in a GAADDS meeting with 4-6 people" who "didn't sit close to her" was different from her being in a van "filled with people", and working in an "enclosed space". This got her depressed and she could not do workfare anymore. November 1. 1993, she was ill, depressed and believed in good faith she was contagious. That is why she wasn't able to comply. It was not an "inconsistent" explanation. It was an incomplete explanation, caused by her own difficulty in explaining the chain of quick paced health care events. In addition, she "did not think anyone at Contra Costa County Department of Social Services would listen to the details of her depression". She said no one had until then. She did not feel she was able to explain do workfare on 11/1/93 as well as to the present. She likely should have been a "GA-U" instead of a GA-E" . Claimant continues to have difficulties with the GA employable eligibility requirements though not through any negligent or intentional act on her part. ? In fact, it's the opposite. Ms. Stewart did workfare 10/26 sick and impaired, and suffered quietly. She faithfully attends GAADDS meetings and says that's about all she can do. And she does this with lots of support from her daughters. II. LEGAL ARGUMENTS The Sanction Shall be Reversed As Claimant Lacked the Capacity The claimant, Kathie Stewart, should have the 90 day sanction and termination reversed, as her failure was for good cause, D.M Section 49-111,II, G2 (a) and (f) : the failure occurred by reason of a disability under the Americans with Disabilities Act. (Public Law 101-136, codified at 42 U.S:C. 12101 et seq. In determining this, the claimant has notified CCCASS of her mental impairments. She has informed CCCDSS staff of her adult children helping her, and that she is trying to do her best. An individual assessment based on reasonable judgment, relying on current medical knowledge or the best available objective must be made to ascertain: a. The nature, duration, and severity of impairment(s) , b. the probability or risk of injury if Kathie Stewart is .required to participate in GA-employable activities, (unlike GAADDSmeetings which are unrelated in this case and appeal) , and C. whether her medical and/or mental impairments by reasonable modification of CCCDSS GA workfare policies, practices, or procedures can be provided by auxiliary aides or services. By this appeal, we formally request the County assess her impairments and disabilities and determine if her "GA-E" status continues. In doing so, given the entire health history, Kathie Stewart, was and is an unemployable woman who needed an individual assessment (49-210, II, B, 1) . She should have had this prior to any decision. She was seen at the Mental Health Crisis Unit 1/4/94, but is unable to obtain an assessment (I am told) appointment until March 1994. It would not place an undue burden on the County to review the assertion that her disability "substantially limits" what she is able to do (29 CFR S 1630.2 (j) . If the County says it does exist, the assessment could help this. Thus, pursuant to the mandates of 42 U.S.C. S12101(a) (5) $12103 (2) , 29 C.F.R. §1630.2 (n) , since she is now in recovery (without dispute by GAADDS) and no longer using illicit drugs, she is covered by the ADA (42 U.S.0 S 1211 (69)a; 29 CFR $ 1630.3) . She also has alcohol substance abuse. For those who might ask why this information was not detailed at the hearing, my client stated that the hearing process was "intimidating", and that she was being given information not in language or form understood by her. (D.M. Section 49-111 II, G, 2, f. The illness, from 11/10/93 clinic verification of inability to work 10/18/93 - 11/10/93 should have enough. It appears from clinic records the client had been involved with a variety of tests and x-rays that were being performed to determine the etiologies and current status of a 9/93 positive TB PPD skin test (PPD = Purified Protein Derivative) which was treated (according to my understanding of the hospital notes) with INH (medicine for exposure to TB) . On October 15, 1993 she was apparently tested again for TB exposure as well examined and tested and treated for the OB/GYN medical problem. My client should be recognized for her cooperation in October, not sanctioned for missing workfare during a time she had medical verification for to show inability to work. Furthermore, her attendance at GAADDS during her illness was not required. Yet, as she says, she tried to testify that sitting in a meeting at GAADDS is not comparable to working 8 hours in close quarters. It is reasonable to conclude that she had a good faith fear for her health and whether she had been or was contagious to others. CONCLUSION CCLSF request that Board of Supervisors to follow their own Board Order, #92/857, comply County and federal law and grant the Appeal. Respectfully submitted, CONTRA COSTA LEGAL SERVICES FOUNDATION 1 ' By: ELLEN . TA CHNICK Authorized epresentative EJT:vh cc: Kathie Stewart DECLARATION I, Shawna Freeman , hereby declare as follows: 1. Unless otherwise stated, the following facts are known to me personally. I am competent to testify and would competently testify to the following facts if called as a witness. 2. I have read the Legal Aid February 1994 appeal statement to the County's Board of Supervisors. I helped my mother appeal the decision by writing it and sending it for her. 3. Everything my mother explained to Legal Aid, and what is explained by CCLSF about my mother Kathie Stewart from my knowledge is true and correct. - In fact, my mother has a very difficult time emotionally the vast majority of the time. Either my sister or I go over to her home every day to see how she is and what is needed. My mother Kathie Stewart is emotionally disabled. Her severe depression is hard on her. We help her clean, do laundry, shop, dress and other daily tasks. We keep track of her appointments and help her get to her appointments. We manage her money. Some days are a little better than others. When my mother says she doesn't know or knows but doesn't understand she is telling the truth. In October - December she was going through a great deal of physical pain on top of her continuous mental disorders. I personally observed this in October, November, and December 1993. (That's the only period of time I was asked about by CCLSF) . There is no way she could have done GA workfare in November or December. She's not employable anymore. She was taking medications and still does. My mother's ability to comprehend is reduced by her mental disorders and history of substance abuse. She has difficulty explaining things. I know she was not and is not well enough to perform 8 hours of GA workfare every week. She was also and continues to be incapable of understanding her legal rights and legal responsibilities she has to the GA problem. She gets to her GAADDS meetings with our help. My mother is not emotionally stable enough to work. I know this because I see her, listen to her, watch out for her, and know her needs. I live in San Pablo, California. My sister lives in Richmond, California. I declare, swear, and affirm that the facts asserted are true an correct. Execute in Richmond, California this 1st day of February, 1994. SHAWNA FREEMAN, DAUGHTER RHC STEWART KATHIE�- �' � F 1/16/1952 510 237--9084- 1t'iOfi�"r� nnhrin4hb-1 - AT FLOUTSIS. G . HID RICH _ AND CLINICS REPLY TO Patient Name: MERRITHEW MEMORIAL HOSPITAL AND HEALTH CENTER: TO WHOM IT MAY CONCERN: 2500 Alhambra Avenue + Martinez,CA 94553 The above named patient: (510)370-5000 Is able to return to work or school on BRENTWOOD HEALTH CENTER: States he/she has been ill and unable to work from 118 Oak Street Brentwood,CA 94513 { f through (510)634-1102 ❑ Can return to restricted duty on .The following ❑ PITTSBURG HEALTH CENTER: restriction(S) apply: 550 School Street Pittsburg,CA 94565 (510)427-8115 Restrictions apply until RICHMOND " HEALTH CENTER: El Should not participate in physical education until 38th&Bissell Richmond,CA 94805 (510)374-3028 Sincerely, CONCORD HEALTH CENTER: 3052 Willow Pass(toad Concord,CA 94519 (510)646-5502 (SIGNATURE) OTHER: Catty-chart MR81-1(7(92) Contra Costa County r .rj4*pa r.44a4V jui Ij "I v v 40i. t > is kD 0$4 0 0 44 > rq 0 0 k 4J 0 fn 4) (a 9 Ln $4 4J V Ln 4J to M H t�4 g 0 4.J U fn $4 O >1"ri CQ 4-) P4 9 4J 41 o 0 r-I N 0 Ln P4 P C3 ttr O O x lu V"o- E2 Law Offices of Contra Costa Legal Services Foundation Main Office Telephone 1017 Macdonald Avenue West County (510)2339954 P.O.Box 2289 East (510)439-9166 Richmond,California 94502 Central (510)372-8209 Fax (510)236.6846 January 24,1994 MS, Ann Ce',rvellirDeputy Clerk The Board of SuperVi.qors Contra Costa County County Administration Building 651 Pine Street Room 106 Martinezr CA . 94553 Re: C:rl\ BQA JRD.,,0F SUPERVISQk5- APPEAL KATHTEI -StEWA.- RT Dear Board of SupexVjsors and Ms-.-- -Cbkvelli: Please beadvised that CCLSF is the Authorized Representative in the Board of Supervisors appeal on behalf of Ms. Kathie Stewatt. I am enclosing the Authorization of Representation. Please send CCLSF A notice of Bo appeal. Thank you, Contra Costa. Legal SetVices Foundati BY: ELLEN J. TABACHNICK RECEIVED JAN 2 51994 - IA D OF SUPERVISORS JUMCOSTA CO. NOTICE O&POIIITMENTOF AQ'1'gORIZED REPRESENTATIVE t I, Lffi( G. Ar , claimant � of 1 (td California, hereby appoint CONTRA COSTA LEGAL SERVICES FOUNDATION, 1017 Macdonald Avenue, P.O. Box 2289, Richmond, California, 94802, and any agent thereof to act in my behalf as my AUTHORIZED REPRESEN TIVE in connec 'on with my application for and/or receipt of [TYPE OF ASSISTANCE] , IN ING ANY APPEAL REGARDING SAID AID. I hereby authorize CONTRA COSTA LEGAL SERVICES FOUNDATION and any agent thereof to make or give any request or notice; present or elicit evidence; obtain and review any and all information including medical records; and receive any notice in connection with my claim wholly in my stead. Dated: (Signature) PLEASE ADDRESS ALL CO RESPONDENCE TO: I 1� CONTRA COSTA L GAL SERVICES FOUND ION 1017 Macdonald Ave. , P.O. Box 2289 Richmond, CA 94802 C��) as ' aa"`raaaLSS 11R711 � � t rn. r5\ C-4 J1 o P - 7Y NN o moy ¢,:i ou r W � N O as .. . CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: January 21, 1994 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 Kathie Stewart Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing by January 25, 1994 plus any information which your department may wish to file for the Board appeal which is set for 2 : 00 p.m. on Tuesday, February 8, 1994 . Attachment CC: Board members County Administrator County Counsel rThePhil Batchelor hoard of Supervi-Os Contra • Clerk of the Board and County Adlfiinistration BuildingCOSta County Administrator 651 Pine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Poweis,1st District Jeff Smith,2nd District Gayle Bishop,3rd District j``, '•,�'�• Sunne Wright MCPeak.4th District •;; ; Tom Torlskson,5th District January 21, 1994 Kathie Stewart 435 8th Street #B Richmond, CA 94801 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 . 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 : 00 p.m.' on Tuesday, February 8, 1994 . 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 AdministraA.- By7 . Ame n Cervelli, 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 sssasasssassssssssssssssssssssasssssassssassassasssse 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 hearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a hearing within fourteen days of the date the Notice of Action was mailed.Absent evidence to the contrary,the notice is presumed to have been mailed on the date it bears, and a request for a hearing 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 hearing 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 sebeduled 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 prebeariag resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 207. If the claimant is unable to attend the hearing 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 hearing 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, (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) fitness 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 hearing record is dosed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- bearing for cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 202. A written appeal must be received by the Qerk of the Board of Supervisors sithin fourteen days after the decision has been mailed to the claimant.Absent evidence showing the contrary, a hearing decision is presumed to have been mailed on the date it bean. (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) H the Director supports the hearing decision,the Appeals unit will be notified to proceed with the presentation to the Board. (b) U the Director finds in favor of the claimant,the Qerk of the Board will be notified to withdraw the item from the Board agenda.The appropriate Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department must file all written materials at kast me week before the data set for the Board bearing.New material must be served by mail on the opposing party. 205. (a) Upon bearing the appeal,the Board shalt make nay required fact determinations basad on the record on appeal and testimony received by the Board Mds record shall include the Department's Hearing Officer's fact findings,plus any papers filed witb that Officer. (b) H 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 facets. REsoLunox mmmry onissa 206. (a) Once the facts are determined, or if there are no fact determinations required by the appeal, • the Board wM consider legal issues presented by the appeal.Legal issues are to be framed, insofar as possible,before the Hearing and shall be based on the Department's Hearing Officer's decision and such other papers as may be filed. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. H 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 Ksubmission. arewsoft so*rYatoareNWMa an Of an OUIP fate, and "WO on go WLVG of IRs mom of go dWZ ATIEd w m amine Oa y«A Of DOBYG � 11-7-77YilG///� .Oavutr RESOLUTION NUMBER 92/x_ _TAN — 1 4 - 94 FR I 1 S 6 �• P . 0 1 Social Service. DepartMent - Contra Pie-We reply to: /'� rte' 40 DOL101SA Drive Direct GtO Villarreal Costa NOV U410%.C61110f0i 9053.4.068 D$UC10i' Ca u n Post-It"I brand tax transmittal memo 7.0 of Pups. li .. Dept. PhonO 8 r �':P"i„,*': •,'� faze- Fax M ttLLJJ �II GENERAL ASSISTANCE LV°IDEN71ARY Hk:AR1NG DECISION Kathie Stewart, claimant Count), No.: 0792-0489269-W4JA 435,8th St. #B Noticc of Action: 11117;93 Richmond,•C,A 94801 Efferdw D*e: 11/30/93 Appeal Filing Date: 11119/93 Aid Paid Pcndi>csg: Yes Date of Dearing: December 13, 1993 Place of I Tearing: Ricimtond, Califowia Appeals Uiticer: Gu-ole C. Allen Werk I'rogratns Representativc: Cad Dudley Whether t w County is cbmult in.its; disoond.quance of claimalars General Assistance, an the -imposition of a three mot tlt•pcA64 �f ineligibility, based on claimant's willful failure, widivat ..good:causc, to tnoet when sho-fauled to appear for aWarlcfaie assign0ent with Work Programs ton Novombor 2, 1993. co ii�i"F Y ?Q$ 1'IU�1 Claixnarit,..an employable recipient df General Assistance (G.A,) since 11192, is mguimd-to ;comply with certain regt0romettts.of Wo Proglr;►ms. 5/20/93,.a County Worker. rcvid red with'clairn at her responsibr` ffes-#o ttte pr am and she signed an Employable G.A. Cooper000n Agrecrrilrnt, an 10/12/93,iclaintamt was giivotw a Work ProgTan s Flwment and Attendance.f`atitt advising her of-her Inept.tiVorkfare.assignhie xts.scheduled for 10119, 10/26, and 11/2. '.Claitnaint did not'a0pear for her assibnrrent on.40/19/93 but she prorid6d a good cause reasoll'for-her JAM — 1 4 — '94 PRI 1 ai5 P 02 Ka#otic Stewart 0792-0489269 Page 2 failtarc... Claimant completed hor assigwr,, t.on 10126. Then, on IV2193, claimant again did:t;tot SPOw for bet assignment. She did Act"contact her Work-or to explain why she did not appear: Claimant's.G.A. had prcwiously been;dis0ittinulod with a one month period of ineligibility in 3/93 bc;cause.cif nim-cooperation with prof ram rogtUmmonts. . Based on the above, the County n6iffi� C.d, claintyttt of t1t4 Jiscontinuance of her G.A. and imposition of a' throe month period 0 inOigibi1hy.t=ause of claimant's willful failure, withptAt good cause, to cooperate witit'xw.luiNmoltts.ol'liic G.A. pivg am. Oaijawnt.aaed that she did not apppc r,for cher W'ot'ifug as$igrtmeia on 11.2193. She-stated sho had Contracted.a aexually tran*mitted 4 0;*an4 was told to stay.hbinz as she was contagious, Clairnantstatcd she did not go to tole If/2Vot�#'.* assignment because shr clic# not want.tb;bo In "an eiicios d mt:otitt room wh it .00ze,was .t octta ous. Sl1G !,01 saw a phystolan for buT condition.- n 10/19/93. On 10/19193.sb#.retutncd to:the doctor for Me test results. She.wa$ n told,of her-condition acid $ivon aptibi6fi6i j0dclt..she was to take for 48 !toms. Sloe, had. a follow-up":a' irttment oto 1l,�ID ' ...Mhi 4%. submitted a die statement from ;Olt Frvhmcm Health Center that ahows.cid -i6ttt hod-aa appointment:cm 11110193. Ile statom6nt ft rthrr stat,' "The above names pationr.statd'belshe las bc:--t Ill.and unable to work *&h 10/18/93 through 11/10193." Clastated that she.miss ed,OA A14.hol aria Dug.Diversion $p Miccs (GAADDS) mce;pr4igs dtuing ovcrttbcr. S,hc stated fiAAI D c:yrctysC4 her from tote matings because they know 1ho is hying. Ito~ County casa#ila shows. that *Taimx nt lmd and kept GAADDS appointments on 1.1/11, 3. 11/8/93, and 11115./93. Dcl►atWent Manual Smtion prpvi0j; that an individual who docs not have: a medically verified physical 6r mental -di:S#Wily, or who has not been dc:tennined 'to 'he unemployable by tic Vocational Coutasolor,'-is coni-idcred emplca�alri . .JAN - 14 - 94 FR I 1 4 ? - O3 i Kathie Stewart 0792.0489169 lige 5 17criartrrncnt Ivlacntaat Section 49-210,I1,B,1, provides that persons deteiTnined employablte ntrust sign,ltd comply with requirements of the. GA-34, 'employable Ccncral Assistance Cooperation . t'Joticc'. DcvUlment,t6 niud Section 49-210,IVAil, .provide that employable ruc,ipic nts must actively pxfti ipatc in and cooperate with WorkAr6 as assigned. Board.of Supervisors Resolution #92/867.Oppted lcccattbcr 15, 1592, provides: Pft1,Section 703: A recipient who D�tils*r ref4sc s to comply with Oci al Assistarnce Pxtvuni rogtd ttents as expivased in this resolu;lo n or in ttnc Social Service Dop.rrtnient Manot Q.t".. Pcalafci�s and Proceduros shall be discontint ed.aid a*td sanctiorns with be imposod as follows wticss .tltc�tbcipicoi shows that the failure or rcfhnM*to comply was for good cause, 5ca4t:gn 704 goveMing disc onti nuarnce of 2jd and sanctions provides: (,a) A.bso:nt evldettce,to the tonttraay, it is presurxvd tltai.rhe duties of Depailmont staff have!loon cur>re ithy .pq f'brnvA. Absmt cAdcnoo :to, the "arntraty, it is prusu nod chat rhe ord" try+ .con.squericc s,of.an applicant's -or rccipiettt's voluntauv acts ars intc;><Srinn:tl. (b} -willful act is one that is intcntiontl-or wilhout reasonable excite or cause. It need not -bc dome-'with malice, nor with it. specific; to violztc pro!ram rcyuircrncnts. railuro to cianiply b�-a person who, is mentAy disabled..to the. extdni that s/he does not understand hislfier .tro4liat�si#airii4cs or is incapable.of fulfilling_them 3s riot willful. Conduct which involves physical dxsalillity or lesser mootat disability niay 'or zeta}' not be willful. (c) -Each cue will turn on its own Acts., .A 4cimWnation must be snrade based on evidence.'. modems can be direct or-it znay.be lnfbd from:.a re'cipient's acts.. The burden of proof to .0ta6llshr good cause is on the reclptctu ,Thr; D"rtm4int may prove lack of good cause by dernOmstiating (A) wiftfid f ciluve or rc ftr gl:,of the mcipiont to fullaw program roquimanents, or (13) N't, JIM' 5 INEM, three separate acts.of beglfailure sof the recipient to Hollow program *"Orettients, which"ntay includa acts,for;which the recipient has previously been discontinued from;aid or sanctioned. Mp irtmient Manua# Section 49-I11,I1,B,I;: ptovndes that a recipient who !ails to coopc;rate with die Social Service Departmcm by failing to meet any- ono (if his or her cnuntc ratc,d respattsibilides without goad cause- sltsll bc; discontinued aid, and sanctions will be imposed as follows: A. fiat failure: one month. b. second failure: three rmatths. .JAM - 1 4 - . 94 FR I 1 4& 8 � P _ 04 Kathie Stewart 0702-0489-169 Page 4 .0. third failure: six months. DSpatrtMOnt Manual Secdon 494I,I1,t3, prvvictes for : ood cause reasons for failure to cooporato 'with.program-requixettacros, The. vc.314oins -%�I loh,establish good cause for a failure to cooperate; or Oontply Must be vcrifZcc .and are lindicd to Clic: fulluwant. a', the thihire hay. occutr d liy raizon-of a disability under the; Americans with Disabilities Act. b: cmplctvntcnt has recti Qhtain6d, c. scheduled job utteMow or tesOwg, d. mandatoty court appowance, Bei, incarceration, I illness, S. death in the fatally, IL other substantial mason: 'Those must br inn roved and approvcd by the DiN iiion Managor. ` ereIbefe is no dispute that claimani failed to ippeatr..for Workfare on 1 i/al93. Clainumfs statement that A- ho: did.riot-:go to her assigttmtont-.taccatuc.-she .was contagious is inc:onsistc nt with. her IttondancGo at bet 11/1193 AA- DDS.app($ntment thc,day beforo tate Workfare assignment. modlcal statement submitted by claimant:'incioly.shov�s that claimant stated she was unable to work ft6n 10118. through 11.110. Then:.is.to vexilication of this by a physician. 'chis statemcnt ,is iii0opilstent;with claimants. appear"Ance at her 10/26/93 Workfarc assignment. The.evidcnca leads to a.finding that clairhx�at tsrfAtitliy and without good cause failed to meet her obll a6ns to.Work Pro&aMR'. The Col ntv'4 prolmsed action in upheld. • .TAN - 1 - 94 FR I 1 4959 P 05 Kathie S'tcv t 07920489269 Page 5 CIaiul is C arded. Claimanes GA. shall he clWontinued-end a thme.m n ih rcriod of inclitieihility alyall he imnnsed, '3""o . r1roa Ari ' s s�cer Date ev e-7 E�y F ... } .cal ho fa cr aiiiC ]'-you aio...diss4sfied with this decision you-may appeal the matter dirudy to the Contra C.osia County Board of Supervisors. Appeals-must be,fi.led in writing with the,Clerk of .hc-Board, 651 Yii a St., M,adincz, CA 94553, kjpo.�aU xnt k.,be fined with ,fa.urteen (14) days of the date of this Evidentiary �ic�rlLtre� 1)ecisias�. . NoVumicr aid; paid jvuding:a'-Dom-d of 5upmi:tors appeal. 7o- ConZ�,c, ................... ..... ................ ___. ._..._____ _. _ .......... _ _ _ _ ._ _. _ . . __ _ . ---------- aca.-- .... ....... r" RECEIVED CLERK BOARD OF SUPERVISORS A Co CONTRA rSOR. ............. LD� � Qfv Ell RECEIVED ,JAN 1 4 1990 CLERK BOARD OF CdSU-ERrSORS -- -- -- - ---- -- --f — --- - --- - - -- CONTRA COSTA CO. -TAN —,I 4 - 94 PR 1 1 • !5 6 • P 0 1 sodal Service Departrntant Contra Picase reply!o: Pedecto Villarreal 40 DOWPas,Cirive kiariinox. Costa CounP0.51-It"beand tax transmittal memo 7VIL A To PVC-11 !�J,),j xo U MAL hk!l co. I A, Phone Fox 0 Wa=P 4 6", 4 NIP vfLnk. OENERAL ASSR,.%TANrCE EVIDENTIARY HEARING DECISION 1 Nj, !1 Ed A WIT Kathie Stewart, claimant Cowiti, No.; 0792-0489269-W4]A 'B Nodc; of Mfion- 11/171'93 i" 435 8th St. W(Auno, nd, CA.'94841 Effecdve M.-Ilel: 11130V93 Appeal Filire Date: 11/19/93 Aid Paid Rmdingy: Yes Datwof.Henvin& De.,cember 13,1993 ISI we of plc acing: Rlohnion.d, CA& 13 Aj$peals Ofticor: OV-010 C. A110n Work Piol"rams Representative: C&,-]: 13ULIICY Whether tho .County is corivat in, its: discoadaviance of clainianrs Ocnoral Assistance, =4 the: 'imposifion of af three month rx-66d'.6f i' -41 f vwt ncligi.hifity, based on otaimant's willf ailuxv, with stalo; -&.q'i1renvnis when sho fMcd to appear for a Work faro -good causio, to med Ovw� Aqsi C U .zsiSpr,ient:with Work PrognuTes -on I.-JOV0116cr 2, 1993. ClaiAant,-.'an em dyable -rcA 3 .,ipknt cif,-C3.enMd Assistance (G.Aj since 1V92, is roquiru'd-to P1 comply-with zerUin reqWromcm of Work 11tograins, On 5120193, a County WoAar- reviowo4 with'clainfant hor res-ponsib ides to.tho pr6gvn and she signed-an Employable G.A. Cooperafleii .it. C.hi 10/12/93,-.Wzinunt ;�A$ gtvcn,a Nkbrk- Prog.ion Placement and Attendonce farm advising her of her Inert Worif-Areas,.MeNnera.schedul-ed for 10119, 10/26. and 11/2. , Chain.laW rvrent on 16/1 did not'.."appear for her wig W93 but she provid6d a good cause reason for bar JAN — 1 4 - 94 PR I I SS P 02 Katdc Stewart 0792-0499269 Pap 2 fiffuro. Claimint compided hor AsSI 3tz�st tat on W120. Then, on 11/2'33, claimaxit again did.�tot appm Air bet assignment. She did-nt;VcoxiOicther Worker to explain why she did not appear.. Clallinant's.G.A. had pre-viously been..dikqh(imuod with a one month pm4od ofinefigibili6- in-3/93 &.,Causc.6f nbri-cooperation with 1)rfty-q rl"T q, vimmonts. Bascd on the above, the County notiflOd. cl-,4mitit of 11jo dismidovancc of hcr G.A. and Alto iin sition of& throe month a 11 PO Pc4i6d ot i.ndiggibility k�c cave of willful failure, Without good"Caus.cl to coolwirato widi rquiNtriits:'o4f 1hr, G.A. progrdm. Claimmit aseced that she did not 4, =:Zor.herAtorUare Assiaziml-ha on 1 L;1'93. She stated Ac had Ontraotc-d-a sexually ....!. i : was told to slayhome as she was co.nT18jous. C-Iji-mant'VaW she did not go to Me 11:/2 NVok),XNre assignment bM-. 31tuse she did no( want to;bo in 4-m cnCIo* .wd nim-ft . ..V rooM:.when.-sho was-q*o n*tagious. Site. [IW saw a physiWan Jor pq - conditioh-'0010/18/93. Ott 10/19/93 shle-rommed to!the doctor for the teesults. She was:then i told. of her-condition ajid'SiWn ai�t bitit cs witi,di).%ho .was to t for 48 hours. Silt ha4 MO. submitted a modaical statcment ftoth Ow follow-up.:appointment on 1.1/10/93.. Orm RJOITnell"41-10,31th Conte'r drat shows cWhyi.ptit hi4..,aa a ointmmt on 11110193. The Matmictit . . . :shows . .. . PP fbillier stator,' "'IU above- nained polidiii;stlack'-hdIshe has be.—a HI and unable to wloixt':fi"6m 10/18/93 through 1140M." Ujimmit stand that she missed GA Alr�'qhol and DiuS D.iversion Swvicos (UAADDS) mcoling during Noveinbcr. Sbeitated OAADIA bxct til her' trom the mor4drigs because thoy know the. is U ins. 1hocloutity cascade shows That Olabml'bf h,,-d 'and kept GAADDS appointments on 11/1;93. 11/18/931 anti 11115/93. M-partniciii Manual Swoon49-2IQ;11.A,I, prp�vidos that an Individual who docs not have a medically verified phYsical 6r mc.M. I' disability. pr who has not bocri determined 'to .1b.c uncMpkyabl,a by Ov Vocal onal Cotuvwlor, ' pomidurud cmPloyabiv. ,JAN - 14 - 94 FR I 1 057 • P . 03 I:atltie �tec�°art 0792.0489269 Page 3 Do14rtrtunt MarttiA Section 49.210,11,}3,1, pravides that persons delarmined employable tru4t °sign°ind comply with requirements of the. GA-34. 'Employable Citmeral. Assistance Cool,eratyon Nvtico'. -'Departnte:nt. Manual Section 49-11:0,1V,B3;1, .provides that employable rmipiotrts must acd--Vely patKic:il►ate in and Cooperate with Warl<fat , as unsigned. Floaxd:of.Supervisors Resolution #92/857,adoptc'd Decctrft-r 15, 1992, provides: Pdrt 7,.Section 703: A recipient who Buis --or refimes to cotnpty with Gc coral Assistance PVO&I'anci recfieiremmis is cxpi-essed in ibis resolution or in the:Social SvMcc i7c;pimmcnt Manual. cit .. z?olici4g and Procedures shall be discon4tit cd aid W sanctions will be bmposed as follows tu.:Ic:ss di.. 'rccipicni shows that the failure or rxf4s;d to comply was for ;ocWd rause, 8eetioit 704 govoming discontintr urm of aid acrd sanctions provides: (A) Abs-ent avidence.to the contxary; it is pi•cs tnted dw.(.the duties of Ckpal-Un:nt stAff have Well crirt4ritly .pr;rl'otntul, rlbscxrt evicicrtce to. EIYc c:,irttrary, it is prc;sumccl tit;rr the ordinary cpr►si:sltrcnces 0f.an :tppiicant's or recipiclit's voluntary acts are intoni.ional. (h) :;A %•tit.ful act is one that is intentional-or sviihout roasona bla ex.cut.5e or cause. It need not be chive-with rtualic;e, nor with a specific:Pw1)Osc to violate pre;warn rcyuirvanmits. Pailurv; to corn ply ty-� pomn who is mentally ctisvli.W.-to the extent that s/he does not undct. tartd his'er it tilio .nsibiiities or is incapable of fulfil is rift willful. Conduct which involves pliy.lical disaUility or lesser mcntal disability riuty .'dr,may. not be willful, (c) ).ach -case will turn on Wq oven A dewnWnation must be made based on evidenco, Lupi wIce can be direct or-it may.be inferfe-d froma rectPienes acts.. The burden of proof to es?.xiil.islt good catssv is on the rccspiwit,'l'hc>partnicnt may prove lack of good cause by d'emortstratiq (A). Willful failure: or refus:il:.0f the recipient 10 follc�ev pxot;r.�n] rcquuLmrctts, of ()3) not-.less than three saspnrito acts .bf i1641ii c.ttt Ulun; of the roc:ipicill to lifllow prograrrl r•e(1r:irqr_cnv;, which may inch'id6 acts ,far;wtuch the recipient has previously been discontinucd ftom aid or sanctioned. rparimcnt-Manu rl Soction 49-11I,11,Ej.Provides that a rccipic al who LOS to caoperalo with aic: Social Service 1)ersarttntnt by failing to niect any - one cel his or her rnurnt;rated rOspcittsi(}ilW.cs without good cans% shall.be'discorimued aid, and sanctions will be: imposed as tc?llcaws: . a. f s"t failure: one i:r0rrth. b. second failure: tltrcc months. -TAN - 14 - 94 FR I 1 58 • P . 04 KaMic Srcivart 0792-0489269 Page 4 c. tltird Failure: six rilonths. Depardnottt Malmil Soodon 49-3 11;11, 3, provides icor good cause rcatsons for failure to cooperate %ith ptrr,,ram requirements. `l`lic i�c-t oohs which-,es.tyblish ,nod cause for a failure to couperatc of c;onlply must lit; waillcd,.and arc linnbcd tv the .011owhig'; a'. the•#'aihire has. occu red:by tav:t on of a disability tender ft Americans with 1�i4.lhilitic�c b1e:t. b. crr,lylrnjrnicxtt has 1:�0p, alstaitl A, q. schodidcd job itltclev" ,W or fcs.img, d. mandalmy court appwr,an;ce, mc:srccration, .C. illness, S. dea•tlt in the fwnily, h. other. S.ubsrantial rc;wom I t;so inust be t-o invud anti approved by the Dii-ision lvta��aicr.' •� �hr(;�{i.���f?]�T�,?�'.���i�T17i�Nt r f.71_����']" . Thl ere is,.no-dis-ptute that claimant failed to appear•for Workfare on l 1111,93. Claimant's statement •that xho' did.not .go to her a.spipt,aw.1t. boomi.so she was conmgiaus is inc;onsistcnt with ltcx •:ettc indan.ce at het' 1.1/1/93 GYAAODS app, inrtkwM ttic.day Wow the Workfare assignment. The... #tledical StatCmont submitted by olaiinaxit rocroly.shows that claim-am stated sho was uJulblo to work Pr,6n 1011.$ through 11110. "ritCfe is:no vr'-i(iu:.?tic)It ofthis by :i physician. '[�1ig +�t.�tc:Cnc�t7t .is ittox:sisicrit with claimant's appOizuipic at her. 10./,6/93 lVorkfarc assigntltc:tlt. • The eviciclice ltsdk to a.lixtdi;na that clttzlxla�Zt�vili#iall3, ui�d�vithotat gc:cxl t;au.�e failed to meet her obligalti ins to Work Propi-Altis. The Cio.wzr,Y'q Proposed action 1s uphold. -TAN - 1. 4 - 94 FR I 1 _O59 P . 05 Iti.ghic Stmut 0.792;•0489269 p 4g.c 5 i)ltyT7l�_h Claim is de iled. C'lairnmirs O.A. shall hc. disc.ontinued-and a three.m mth period of'iveli; ibility cliall he ionpo-sed. - l)tiestl 'i tvi7 •ii ret ' If'you are .dissatisfied with this dwision you many appeid tho tti IMI' dii°ewtly to die Contra Cosla C'Ou my fsoard of Supervisors. A-1vp Pals-must be tiled in writing with the. Clerk.of Oc Board.. 651 Pine.St., Martinez, CA 94553. Ar1a+ -_U flat be. filled faxwteen (14) days of the date of this E%4dend-ary Noto-1her aid, paid jvtidingia Dom—d of"Siip4itiiwii al�l:al. .tl b� H.1 J. TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: February 15, 1994 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY WILBERT HARRI-NGTON SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board continue Wilbert Harrington's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on November 26, 1993. The Hearing was scheduled for December 22, 1993. The claim was denied. Claimant has requested continuance of his appeal. �� , Signature: � "� ACTION OF BOARD ON February 15, 1994 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by Wilber Harrington from the General Assistance Evidentiary Hearing decision. Jewel Mansapit, Program Analyst, Social Service Department appeared. IT IS BY THE BOARD ORDERED that the hearing on the above matter is CONTINUED to March 1 , 1994 at 2 :00 p.m. in the Board chambers. VOTE OF SUPERVISORS x UNANIMOUS (ABSENT ) AYES: NOES ABSENT ABSTAIN Contact: Jewel Mansapit, 313-1601 Original: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES cc: Social Service Dept. OF THE BOARD OF SUPERVISORS Program Analyst ON THE DATE SHOWN. Appeals Unit County Counsel County Administrator ATTESTED February 15 , 1994 Wilbert Harrington PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY 40j 1er H.1 TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: February 15, 1994 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING D E C I S I O N B Y C U R T I S A D A M S SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION , RECOMMENDATION: That the Board deny Curtis Adams's appeal of the General Assistance Hearing . decision. BACKGROUND: Claimant filed request for Hearing on December 1,1993.The Hearing was scheduled for January 12, 1994. The claim was denied. Signature; kA ACTION OF BOARD ON February 15 , 1994 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by Curtis Adams from the General Assistance Evidentiary Hearing decision. Jewel Mansapit, Program Analyst, Social Service Department, appeared. The appellant did not appear. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and the appeal by Curtis Adams is DENIED. VOTE OF SUPERVISORS x UNANIMOUS (ABSENT ) AYES: NOES ABSENT ABSTAIN Contact: Jewel Mansapit, 313-1601 Original: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS cc: Social Service Dept. ON THE DATE SHOWN. Program Analyst Appeals Unit ATTESTED February 15 , 1994 County Counsel PHIL BATCHELOR, CLERK OF THE County Administrator BOARD OF SUPERVISORS AND Curtis Adams C UNTY ADMINISTRATOR i By I D puty C er I i The Board of Supervisors Contra Ce"k offtthee Boe d and County Administration BuildingCosta County Administrator 651 Pfne St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers.1st District Jeff Smith,2nd District Gayle Bishop,3rd District Sunne Wright McPsak 4th District ••; ` Tom Torlekson,5th District February 3, 1994 r Co Curtis Adams 24 Orinda Circle Pittsburg, CA 94565 General Assistance Benefits This is to advise that your hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits has been rescheduled to February 15, 1994 at 11 :00 a.m. before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California. 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 Adm' ' st or By ,0� j 'Ann eve i, Deputy Clerk Enclosure CC: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator a■»aM.t«�� ROUTE SUP TO: F40Dauql&sDr.,MaWnsz ATE: p A. 30 Muir Road,Martinez p p t 1340ArnoldDdve/220A4wd ez p Administration sta�►000a�l p N. 25WAlhambraAw.,Martinez O A'AVftr0nA0" p c. 4545 Delta fair,Antioch O ' p w. U31 Macdonald Ave., . CIL L cif Drar Mtina: %p N. 1305 Macdonald Ave.,RichnwW p x. 2301 Stanwell Dr..Concord O G. 3045 Research Dr.,Rkhmond K'"tiMiO Cia"t"a O E. 3630 San Pablo Dani Rd.,6 SOb. O V. 2450 A Stanwnell Dr.,Concord O a. 52S Second Street,Rodeo p P. 330.25th Street,Rkhnlond(MQ b5 yy U�-�C`3C INIANINIS p AVOWICaob r p OAF Wo wCownyAdwWrerata 0 wrlbrofaWa O� O DAwrart�tion, O No sen e O He"swww" p Servk0s O County cow" O com"Holow p Pro�atioa O Awmaa OaNndar 0 ward p Pwdm" O Cft"sonar o eaHOUw. O_ O CoKdOO wALOR cattt< WMA0110 JWtMLt COUZT QGatrM saaica' 1301fae of ae"r4a ow om OPub a D.wnder .O Antioch Q ft*k D0*Ww O O.� O Rka.hond O p wrtMha: O 0114981 O s"umed US O NecatwryActroe MOT[ A O 1laturn O Oacwtaa O mimmation O orwrd O ■acommemutbn p O AOprowlrsiphuturo CNAMIN ZS' FROM 1'"' "3-1790 ME NUMUR APPEALS 0 Social Service Department Pieas�re °y to: Contra 40Dcuota_Dn Perfecto VillarrealMartinez.Ca:,to•r Costa Director County EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 460807 C4FE - Date of Notice: 11/19/93 CURTIS ADAMS Date of Action: 11/30/93 24 Orinda Circle Filing Date: 12/01/93 Hearing Date: 1/12/94 Pittsburg, CA 94565 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for 1/12/94. Claimant was duly notified of the date, time and place of Hearing via letter on 12/23/93. Claimant failed to appear for the Evidentiary -Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if a 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. You must submit your appeal within 14 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. Date: 1/13/94 Carole Allen Social Service Appeals Officer CA:sls CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: January 26, 1994 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 Curtis Adams Please furnish us with a board order with your recommendations and' a copy of all material filed by both the appellant and the Social ServicepDapartment at the time of the Appeals and Complaints 'Division evidentiary hearing by February 8, 1994 plus any information which your department may wish to file for the Board appeal which is set for 2 :00 p.m. on Tuesday, February 15, 1994 . Attachment cc: Board members County Administrator County Counsel The Board of SupervilersContra • Phil Batchelor Clerk of the Board Costa and County Administration Building � County Administrator 651 Pine St, Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers tet District Jeff Smhk 2nd District Gayle ttishop.3rd District Sunne Wright MCPeak 4th District ` Tom Toriskson,5th District •'a+rrls January 26, 1994 "• Curtis Adams 24 Orinda Circle Pittsburg, CA 94565 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 . 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, - County Administration Building, 651 Pine Street, Martinez, California at 2 :00 p.m. on Tuesday, February 15, 1994. 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 Administr or BYo;JAJP!� Ahn Cervelli, 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,CAUFORNIA • Adopted this Order on August 4,1992 by the following vote: . AYES: Supervisors fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: Supervisor Powers ABSTAIN: None sssssssssssssssssssssessss:sssssssssssssssssssssss:ee r 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 i 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 is 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. 704. Where a GA recipient timely requests.a bearing challenging a proposed action which will reduce,suspend or terminate his or her General Assistance grant,the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable,and bearing requests based thereon may be summarily denied. 105. Hearings will be scbeduled within thirty days of the date of receipt of a request for a bearing. The Appeals Unit will mail a written notice of the hearing to the claimant at least ten days in advance of the Hearing date. 106. When a request for a bearing bas 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. 207. 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 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 may, (e) other substantial and compelling reason.(as approved by the Appeals Manager). 188. Decision (a) A written decision shall be ma0ed to the claimant within thirty days after the heating record is. dosed,unless the Department ettunds 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. Putt Appeals to the Board 202. The applicant or recipient may appeal an adverse hearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors sithin fourteen days after the decision has been mailed to the claimant.Absent evidence showing the contrary, a hearing decision is presumed to have been mailed on the date it bees. (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 hearing derision,the Appeals unit will be notified to proceed with the presentation to the Board. (b) V the Director finds in favor of the claimant,the Cork 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. 284. Both the appellant and the Department must file ala written materials at least one week before the date set for she Board hearing.New material mun be served by math om the opposing party, 203, (a) Upon hearing the appeal,the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board,?bis record shall indude the Department's Hearing Officer's fact findings,plus any papers Sled 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 fiats. RESOLUT ON hIZGER 92/8$ 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 an the Department's Hearing Officer's decision and such other papers as may be Sled. ti (b) Appealing parties may make legal arguments both by written brief and orally b4ore the Board. U the issues are racepuVe 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 �submusion. a erg IW tW b•go ad ar+.as ee0y err a`t«+eye «�on gyne W*mw of so 11t1a OM1 VATCH ne Cla a we Sale � .opts► RESOLUTION NUMBER 92/ L14 1 - L/ r J C3� . RECEIVED f ,RAN 2 4 �Qan iPO tt.A,-, CLERK BOARD Of SUPERVISORS CONTRA COSTA CO.f" Social Service DepartAnt Please reply to: 40 Contra Douglas Ndecb Vlllarraal MarUezCalifo California 94553-4068 f o;, or• Costa County ..TA•�'iiK•'' EVIDENTIARY BEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 460807 C4FE Date of Notice: 11/19/93 CURTIS ADAMS Date of Action: 11/30/93 .24 Orinda Circle Filing Date: 12/01/93 Hearing Date: 1/12/94 Pittsburg, CA 94565 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for 1/12/94. Claimant was duly notified of the date, time and place of Hearing via letter on 12/23/93. Claimant failed .to appear for the Evidentiary Hearing; no . ti hia ent was requested. - M REASONS FOR THE DECISION t Department Manual Section 22-300, V, A, 3 states that if a 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. You must submit your appeal within 14 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. Date: 1/13/94 Carole Allen Social Service Appeals Officer CA:sls Social Service Department Contra 400 Please reply to: . 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County •T'4 C01i....•� ... EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County Number: 460807 C4FE Date of Notice: 11/19/93 CURTIS ADAMS '. Date of Action: 11/30/93 24 Orinda Circle Filing Date: 12/01/93 Hearing Date: .1/12/94 Pittsburg, CA 94565 Aid Paid Pending? Y STATEMENT OF FACTS An Evidentiary Hearing was scheduled for 1/12/94. ; Claimant was duly notified of the date, time and place of Hearing Via letter 6n' 1'2/23/93. Claimant failed .to appear for the Evidentiary. Hearing;;`�n� bp�oy -' r hent was requested. _ _ REASONS FOR THE DECISION 5 Department Manual Section 2'2-300, V, A•, 3 states that if 'a' clalkant fails to appear for an Evidentiary Hearing without previously:arra�ngnRg� 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 . You must submit your appeal within 14 days .of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF OF SUPERVISORS IS NOT AVAILABLE. Date: 1/13/94 Carole Allen Social Service Appeals Officer. CA:sls V, - Of RECEIVED q�g gpARD OF SUpEMSORS" ANTRA COSTA CO.fig l f ' 5 ' L 1 H. 1 TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: February 15, 1994 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING D E C I S I O N B Y E R I C P A R R I S H SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board grant Eric Parrish's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on November 24,1993. The Hearing was. scheduled for December 22, 1993. The claim was denied. Claimant has established good cause for the noncompliance. Signature: U ACTION OF BOARD ON February 15 , 1994 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisor for hearing on the appeal by Eric Parrish from the General Asssitance Evidentiary Hearing decision. Jewel Mansapit, Program Analyst, Social Service Department, appeared. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and the appeal by Eric Parrish is GRANTED. VOTE OF SUPERVISORS _x UNANIMOUS (ABSENT ) AYES: NOES ABSENT ABSTAIN Contact: Jewel Mansapit, 313-1601 Original: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION cc: Social Service Dept. TAKEN AND ENTERED ON THE MINUTES Appeals Unit OF THE BOARD OF SUPERVISORS Program Analyst County Counsel ON THE DATE SHOWN. County Administrator Eric Parrish ATTESTED February 15 , 1994 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND UMINISTRATOR By J eputy Clerk EIVED Fm ev i IORS i CLERK BOAS a0 OF C _ .. CON7f, ov 1 al . ... ._ � D�-.---�--� �6I .¢.�°y/soy's. - - 0iv� -foe -1he Ive- �9/_Y-5- c i I The Bbard' of Supervi0s Contra Phil Batchelor Clerk of the Board and County Administration Building ri Costa County Administrator 651 Pine St, Room 106 (510)646-2.371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District _ Gayle Bishop.3rd District : Sunne Wright McPwk 4th District Tom Torlakson,5th District _ February 1, 1994 Eric Parrish 140 So. 20th Street Richmond, CA 94804 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 .006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 11 :00 a.m. on Tuesday, February 15, 1994 . 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 By a n C r i, 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: February 1, 1994 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 Eric Parrish Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing by February 8, 1994 plus any information which your department may wish to file for the Board appeal which is set for 11 :00 a.m. on Tuesday, February 15, 1994 . Attachment CC: Board members County Administrator - County Counsel THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on August 4g 1"2 by the followkg vote: AYES: Supervisors Fanden. Schroder, Torlakson, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None ssasssssasssssssssssssasssssssssss:essassssassssssssa r 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 i Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice,mailed at least 10 days prior to the effective date, of proposed action which will reduce,suspend or terminate his or her General Assistance grant for cause.Prior notice is not required for action resulting from Board of Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department bearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a bearing within fourteen days of the date the Notice of Action was mailed.Absent evidence to the contrary,the notice is presumed to have been mailed on the date it bears,and a request for a bearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. Where a GA recipient timely requests a bearing challenging a proposed action which will reduce,suspend or terminate his or her General Assistance grant,the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable,and • bearing requests based thereon may be summarily denied. 105. Hearings will be scbeduled within shiny 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 daimaw at least ten days in advance of the Heating date. 106. When a request for a bearing has been received,the daim may be reviewed and resolved in the daimanfs favor by a pre bearing review. (a) Proposed pre-bearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Polity Manager. 307. . If the claimant is unable to attend the bearing at the originally scheduled date and time,and a timely request for postponement is made,the Hearing Officer will make an evaluation of the request The bearing will not be continued beyond the bearing date unless authorized by a Hearing Officer on one of the following grounds,which require verification: (a) bearing is continued at request of the Social Service Department, OWCAT TMAA w*Tn►Mro s"ttA . .. ..._......... i (b) mandatory court appearance whim 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 malted to the claimant within thirty days after the bearing record is dosed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- buying for cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 242. 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 bearing. (b) The appeal will be scheduled for the fust 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) U the Director supports the hearing decision,the Appeals unit will be notified to proceed with the presentation to the Board. (b) U the Director finds in favor of the claimant,the Clerk of the Hoard will be notified to withdraw the item from the Board agenda The appropriate Social Service District office will be advised to twice correetive action. 204. Both the appellant and the Department mist file all*Written materials at least one week before the date set for the Board hearing.New material must be served by marl on the opposing party. 205. (a) Upon bearing the appeal,the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board.Ibis record shall include the Department's Hearing Of fact findings,plus any papers filed with that Offuoar. (b) R the facts upon which the appeal is based are not in dispute or if any disputed bets 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 RESOLUnON NUMUR 92/154 206. (a) Once the facts are determined,or if there are no fact determinations required by the appeal, • the Board will consider legal issues presented by the appeal.Legal issues are to be framed, insofar as possible,before the Hearing and shall be based on the Department's Hearing Officer's decision and such other papers as may be filed. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. If the issues are susceptible of immediate resolution,the board may immediately decide them at the appeal hearing. If the County Counsel's advice is needed on legal questions,the Board may take the matter under submission,reserving its final judgment until it receives such advice. 207. The Board may decide an appeal immediately after bearing or tate the appeal under «submission. Iw+er eeruM tet Nr to rind eeeeet eery of en Wtbn bken end W bVd O VW e1 AMS a ft �''d z arnsSj a�Vj@Mwd Q- a RESOLUTJON NUMBER 92/ 4 s • • five 21 400�1C/.e�off�c�a�1 ,�s ,r o✓_ �J j� d RECEIVED _ . iCLE Social'Service DeparMent Contra • Please reply to: 40 Douglas Drive Perfecto MarrcallCoS}a Martinez,California 94553-4068 Director J L County GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION IN THE MATTER OF: Eric Parish, claimant County No.: 0709-0414862-W4NJ 140 So. 20th St. Notice of Action: 11/15/93 Richmond, CA 94804 Effective Date: 11/30/93 Appeal Filing Date: 11/24/93 Aid Paid Pending: Yes Date of Hearing: December 22, 1993 Place of Hearing: Richmond Appeals Officer: Carole C. Allen Income Maintenance/Work Programs Representative: Carl Dudley ISSUE Whether the County is correct in its discontinuance of claimant's General Assistance, and the imposition of a one month period of ineligibility,based on claimant's willful failure,without good cause, to meet General AssisLukw wqu4ul %&6 who i he failed to appear for a Workfare assignment with Work Programa on November 1, 1993. COUNTY POSITION Claimant, an employable recipient of General Assistance (G.A.N is required to comply with certain requirements of Work Programs. On 9/27/93, a County Worker explained to claimant his responsibilities to the program and he signed an Employable G.A. Cooperation Agreement. On 10/19/93, claimant was given a Work Programs Placement and Attendance-form advising him of his next Workfare assignments scheduled for 10/25, 11/1, and 11/8. According to County records, claimant completed his Workfare assignment on 10/25 but did not appear for the 11/1 Sociai'Service De arent Please reply to: . p contra Perfecto Villarreal 40 4o Douglas Drive Director CostaMartinez.California 94553-4068 County •:s GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION IN THE MATTER OF: Eric Parrish, claimant County No.: 0709-0414862-W4NJ 140 So. 20th St. Notice of Action: 11/15/93 Richmond, CA 94804 Effective Date: 11/30/93 Appeal Frying Date: 11/24/93 Aid Paid Pending: Yes Date of Hearing: December 22, 1993 Place of Hearing: Richmond Appeals Officer.- Carole C. Allen Income ILliaintenance/Work Programs Representative: Carl Dudley ISSUE Whether the County is correct in its discontinuance of claimant's General Assistance, and the imposition of a one month period of ineligibility,based on claimant's wiUW failure,without good cause, to meet General Assistauw u;yuitwma6i wlwai he failed to appear for a Workfare assignment with Work Program on November 1, 1993. COUNTY POSITION Claimant, an employable recipient of General Assistance (G.A.1 is required to comply with certain requirements of Work Programs. On 9/27/93, a County Worker explained to claimant his responsibilities to the program and he signed an Employable G.A. Cooperation Agreement. On 10/19/93, claimant was given a Work Programs Placement and Attendance form advising him of his next Workfare assignments scheduled for 10/25, 11/1, and 11/8. According to County records, claimant completed his Workfare assignment on 10/25 but did not appear for the 11/1 Eric Parrish 0792-0414862 Page 2 assignment. On 11/1, claimant came into the Social Service office stating he was not feeling well and that he also had attended a funeral. The Worker advised him to get a medical statement regarding his alleged illness. Claimant submitted, on 11/3/93, a medical statement which indicated that claimant was in the Richmond Health Center on 11/3 but was not seen as they could not see additional patients. The Worker gave claimant a Medical Assessment form to hati°e his doctor complete. The form was returned on 11/19/93 stating that claimant has psychological problems affecting his physical condition and is unable to work until 1/25/94. The statement states his prognosis is guarded. The worker determined that as the Medical Assessment did not speak to the time prior to 11/17/93, she could not accept it as verification of a medical problem on 11/1. It is to be noted that claimant appeared for his 11/8/93 Workfare assignment and worked from 8 a.m. until 4 p.m. Because of claimant's faflum to appear on 11/1/93 for his Workfare assignment, the County notified claimant of the discontinuance of his G.A. and the imposition of a one month period of . . ineligibility because of his willful failure, without good cause, to cooperate with requirements of the G.A. program. CLAIMANTS POSITION Claimant testified that he went to the doctor on 11/1/93. He presented a medical form showing that he had a colonoscopy on12/22/93. He stated the doctor suspects a growth in his colon He stated this causes pain The problem started sometime in 10i93. He stated he was going to attend a funeral of his fxiend on 11/1/93 but did not do so because he spent time at the Social Service office and the Health Center. REGULATORY AUTHORITY Department Manual Section 49-210AA,1, provides that an individual who does not have a medically verified physical or mental disability, or who has not been determined to- be unemployable by the Vocational Counselor, is considered employable. Department Manual Section 49-210JW,1, provides that persons determined employable mint sign and comply with requirements of the GA-34, Employable General Assistance Cooperation Notice. Department Manual Section 49-210,IV,B,I,c, provides that employable recipients must actively participate in and cooperate with Workfare, as assigned. Eric Parrish 0792-0414862 Page 3 Board of Supervisors Resolution #921857 adopted December 15, 1992, provides: Part 7, Section 703: A recipient who fails or refuses to comply with General Assistance Program requirements as expressed in this resolution or in the Social Service Department Manual of Policies and Procedures shall be,discontinued aid and sanctions will be imposed as follows unless the recipient shows that the failure or refusal to comply was for good cause. Section 704 governing discontinuance of aid and sanctions provides: (a) Absent evidence to the contrary, it is presumed that the duties of Department staff have been currently performed Absent evidence to the contrary, it is presumed that the ordinary consequences of an applicant's or recipient's voluntary assts are intentional. (b) A willful act is one that is intentional or without reasonable excuse or cause. It need not be done with malice, nor with a specific purpose to violate program requirements. Failure to comply by a person who is mentally disabled to the extent that s/he does not understand his/her responsibilities or is incapable of fiudfilling them is not wilM. Conduct which involves physical disability or lesser mental disability may or may not be wiZlfW. (c) Each case will turn on its own facts. A determination must be made based on evidence. Evidence can be direct or it may be inferred from a recipient's acts. The burden of proof to establish good cause is on the redpient.The Department may prove lack of good cause by demonstrating (A) willful failure or refusal of the recipient to follow program requirements, or (B) not less than three separate acts of negligent failure of the recipient to follow program requirements, which may include acts for which the recipient has previously been discontinued from aid or sanctioned: Department Manual Section 49-111,11A I, provides that a recipient who fails to cooperate with the Social Service Department by failing to meet any one of his or her enumerated responsibilities without good cause, shall be discontinued aid, and sanctions will be imposed as follows: a. fust failure: one month. b. second failure: three months. c. third failure: six months. Department Manual Section 49-11I,MG,provides for good cause reasons for failure to cooperate with program. requirements. The reasons which establish good cause for a failure to cooperate or comply must be verified, and are limited to the following: a. the failure has occurred by reason of a disability under the Americans with Disabilities Act. b. employment has been obtained, c. scheduled job interview or testing, Eric Parrish 0792-0414862 Page 4 d. mandatory court appearance, e. incarceration, f. illness, g. death in the family, h. other substantial reason. These must be reviewed and approved by the Division Manager. CONCLUSION AND FINDING OF FACT There is no dispute that claimant did not appear for his 11/1/93 Workfare assignment. He stated he was ill that day. Claimant has provided evidence of a physical and psychological illness which his physician stated leaves him unable to work from 11/17/93 until 1/25/94. Claimant has not verified his statements about being ill on 11/1/93. The County records show that claimant stated he went to a funeral on 11/1/93. This is most likely the reason he did not appear for his Workfare assignment that day. If claimant was as ill as he has stated, he could not have performed his Workfare assignment on 11/8/93 when he worked for General Services from 8 ami. until 4 p.m. It is found, based on the preponderance of evidence,that claimant did not have good cause to have failed to appear for his 11/1/93 Workfare assignment. He knows his responsibilities to the program. He chose to attend a funeral of a friend rather than meet his responsibilities to the G.A. program. The County's proposed action is upheld. ORDER Claim is denied. Claimant's G.A. shall be discontinued and a one month period of ineligibility shall be imposed L c,2/ Social Service Appeals Officer Da Afpeals Pr er Date If you are dissatisfied with this decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine St., Martinez, CA 94553. Appeals must be filed within-fourteen (14) days of the date of this Evidentiary Hearing Decision. No further aid paid pending a Board of Supenisors appeal. wiwc«acwra. ROUTE TO: tug OATS: ANN CERVELLI ' M#*O clr C~Ad*M p A. 30 Muir Rand.Martin: 138. d0 Douglas Dr..Mwdneu p T. 1360 ArnoWDdve#22Q Wdnex p A owwas" Rrommeapp"o p Al"AgWAVOnA90s p M. 2500 Alhannbra Ave..MWdn0I9 D p C. 4545 Deity Fair,Antioch 0 4 �GWW G Dr..Martine: p w. 3431 Macdonald Ave-.Rick p n. 1305 Macdonald Ave..RichnmW p x. 2301 Starwmll Dr..Concord D G. 304S Research Dr..Rkh"m" 14w v4mdC%MdFMai p E. 3630 San Pablo Daae Rd..E1 Sob. p r. 2450 A StartwNl Ot.,Concord C) R. S2S SKOnd Street.Rodeo 1 ,, f gcard of $UPS. D F. 330.2SthStreet,RicWNWWM x95 P One St. , Martinez �IliEd�lit86>Mi�i MARTE+IE= D Avmw'Cww6w 13 OA FMON sort "p cowmr�idni a aor p wMFanssww C._.�.._.. O pAMwrt+6rAierw p Am Manpmm" p Hamm lower O p S-1 sarr" p cowry►cow" o C"""Now o Pmbsoa p Ai WAMD810W r p wand_„ O Rwdw" o cowry►Fri o aocNmftfto o_w__._ o CONcoiia WALNUT CREEK IKWAON0 ANIKN Li COURT Q GnaN sa�icaa DONwt d MwrMw comm e o Pum it-I Iar .D AN000 O w&c o.f.ndo G o_....._ o%dwm d D p wr+WMs D OTHER' D ap aed O NecoMM ACUP 110It.! O Rawn Q Davwd O Inlowatioe O 1lwNd O Raco mmendaMon Q iib t3 ApprowdiS4ftU na Sl21�3S FROM: TELE/NONE Num"m APPEALS 3-1790 R 2( tn."I) � tEt a anwtAt�e�+�at M.M.s�.c L Social, Service DepartPent Contra Please reply to: Perlecto Villarreal Costa 40 Douglas Drive Director Martinez.California 94553-4068 County /rte itit% t• M1('L) GENERAL ASSISTANCE EVIDENTIARY HEARING DMSION IN THE MATTER OF: Eric Parrish, claimant County No.: 0709-0414862-W4N3 140 So. 20th St. Notice of Action: 11/15193 Richmond, CA 94804 Effective Date: 11/30/93 Appeal Filing Date: 11124/93 . . Aid Paid Pending: Yes Date of Hearing: December 22, 1993 Place of Hearing: Richmond Appeals Officer: Carole C. Allen Income Maintenance/Work Programs Representative: Carl Dudley . .. ISSUE Whether the County is correct in its discontinuance of claimant's General Assistance, and the imposition of a one month period of ineligibility,based on claimant's willful failure,without good cause, to meet Gencral AssisGu" iuq jiiwu%,u6 *hw i he failed to appear for a Workfare assignment with Work Programs on November 1, 1993. COUNTY POSITION Claimant, an employable recipient of General Assistance (G.A.1 is required to comply with certain requirements of Work Programs. On 9127/93, a County Worker explained to claimant his responsibilities to the program and he signed an Employable G.A. Cooperation Agreement. On 10119193, claimant was given a Work Program Placement and Attendance form advising him of his next Workfare assignments scheduled for 10/23, 11/1, and I1/8. according to County records, claimant completed his Workfare assignment on 10/25 but did not appear for the 1111 Eric Parrish 0792-0414862 Page 2 assignment. On 11/1, claimant came into the Social Service office stating he was not feeling well and that he also had attended a funeral. The Worker advised him to get a medical statement regarding his alleged illness. Claimant submitted, on 11/3/93, a medical statement which indicated that claimant was in the Richmond Health Center on 11/3 but was not seen as thev could not see additional patients. The Worker gave claimant a Medical Assessment form to have his doctor complete. The form was returned on 11/19/93 stating that claimant has psychological problems affecting his physical condition and is unable to work until 1/25/94. The statement states his prognosis is guarded. .The worker determined that as the Medical Assessment did not speak to the time prior to 11/17/93, she could not accept it as verification of a medical problem on 11/1. It is to be noted that claimant appeared for his 11/8/93 Workfare assignment and worked from 8 a.m. until 4 p.m. Because of claimant's failure to appear on 11/1/93 for his Workfare assignment, the Count}- notified claimant of the discontinuance of his G.A. and the imposition of a one month period of . . ineligibility because of his willful failure, without good cause, to cooperate with requirements of the G.A. program. MAMANTS POSTTTON Claimant testified that he went to the.doctor on 11/1/93. He presented a medical form showing that he had a colonoscopy on 12/22193. He stated the doctor suspects a growth in his colon. He stated this causes pain The problem started sometime in 10/93. He stated he was going to attend a funeral.of his friend on 11/1/93 but did not do so because he spent time at the Social Service office and the Health Center. REGULATORY AUTHORITY Department Manual Section 49-210,U A,1, provides that an individual who does not have a medically verified physical or mental disability, or who has not been determined to• be unemployable by the Vocational Counselor, is considered employable. Department Manual Section 49-210AB,1, provides that persons determined employable must sign and comply with requirements of the GA-34, `Employable General Assistance Cooperation Notice. Department Manual Section 49-210,IV,B,I,c, provides that employable recipients must actively participate in and cooperate with Workfare, as assigned. Eric Parrish 0792-0414862 Page 3 Board of Supervisors Resolution #921857 adopted December 15, 1992, provides: Part 7, Section 703: A recipient who fails or refuses to comply with General Assistance Program requirements as expressed in this resolution or in the Social Service Department Manual of Policies and Procedures shall be discontinued aid and sanctions will be imposed as follows unless the recipient shows that the failure or refusal to comply was for good cause. Section 704 governing discontinuance of aid and sanctions provides: (a) Absent evidence to the contrary, it is presumed that the duties of Department staff have been currently performed Absent evidence to the contrary, it is presumed that the ordinary consequences of an applicant's or recipient's voluntary acts are intentional. (b) A willfal act is one that is intentional or without reasonable excuse or cause. It need not be done with malice, nor with a specific-purpose to violate program requirements. Failure to comply by a person who is mentally disabled to the extent that s/he does not understand his/her responsibiiides or is incapable of Uffiling them is not willful. Conduct which involves physical disability or lesser mental disability may or may not be willful. (c) Each case will turn on its own facts. A determination must be made based on evidence. Evidence can be direct or it may be inferred from a recipient's acts. The burden of proof to establish- good cause is on the recipient.The Department may prove lack of good cause by demonstrating (A) witlfW failure or refival of the recipient to follow program requirements, or (B) not less than three separate acts of negligent failure of the recipient to follow program requirements, which may include acts for which the recipient has previously been discontinued from aid or sanctioned: Department Manual Section 49-111,II,E,1, provides that a recipient who fails to cooperate with the Social Service Department by failing to meet any one of his or her enumerated responsibilities without good cause, shall be discontinued aid, and sanctions will be imposed as follows: a. first failure: one month. b. second failure: three months. c. third failure: six months. Department Manual Section 49-11 1,11,G,provides for good cause reasons for failure to cooperate with program requirements. The reasons which establish good cause for a failure to cooperate or comply must be verified, and are limited to the following: a. the failure has occurred by reason of a disability under the Americans with Disabilities Act. b. employment has been obtained, c. scheduled job interview or testing, Eric Parrish 0792-4414862 Page 4 d. mandatory court appearance, e. incarceration, f. illness, g. death in the family, h. other substantial reason. These must be reviewed and approved by the Division Manager. CONCLUSION AND FINDING OF FACT That is no dispute that claimant did not appear for his 11/1/93 Workfare assignment. He stated he was ill that day. Claimant has provided evidence of a physical and psychological illness which his physician stated leaves him unable to work from 11/17/93 until 1/25/94. Claimant has not verified his statements about being ill on 11/1/93. The County records show that claimant stated he went to a fimeral on 11/1/93. This is most likely the reason he did not appear for his Workfare assignment that day. H claimant was as ill as he has stated, he could not have performed his Workfare assignment on 11/8/93 when he worked for General Services from 8 a.m. until 4 p.m. It is found, based on the preponderance of evidence,that claimant did not have good cause to have failed to appear for his 11/1/93 Workfare assignment. He knows his responsibilities to the program. He chose to attend a funeral of a friend rather than meet his responsibilities to the G.A. program The County's proposed action is uphold. ORDER Claim is denied Claimant's G.A. shall be discontinued and a one month period of ineligibility shall be imposed. a C2.1,4A Social Service Appeals O cer Da eals er Date If you are dissatisfied with this decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine St., Martinez, CA 94553. Appeals must be filed within fourteen (14) days of the date of this Evidentiary Hearing Decision. No further aid paid pending, a Board of Supenisors appeal. i ,�. 1y0,4 t :1 lel IIJ 1,4 IN lJ E44 44 2� 'l; JAS upER��$°Rs ! Social, Service DepAmentContra Please reply to: 40 Douglas Drive Perfecto-Villarreal Costa Martinez,California 94553-4068 Director County n1 •,•rt �Y GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION IN THE MATTER OF: Eric Parrish, claimant County No.: 0709-0414862-W4NJ 140 So. 20th St. Notice of Action: 11/15/93 Richmond, CA 94804 Effective Date: 11/30/93 Appeal Filing Date: 11/24/93 Aid Paid Pending: Yes Date of Hearing: December 22, 1993 Place of Hearing: Richmond Appeals Officer: Carole C. Allen Income Maintenance/Work Programs Representative: Carl Dudley ISSUE Whether the,:County is correct in its discontinuance of claimant's General Assistance, and the •imposition of a one month period of ineligibility,based on claimant's willful failure,without good cause, -to meet Gencral AssisLukw raquuuurujLA& whwi he failed to appear for a Workfare assignment with Work Programs on November 1, 1993. COUNTY POSITION Claimant, an employable recipient of General Assistance (G.A.), is required to comply with certain requirements of Work Programs. On 9/27/93, a County Worker explained to claimant his responsibilities to the program and he signed an Employable G.A. Cooperation Agreement. On 10/19/93, claimant was given a Work Programs Placement and Attendance-form advising him of his next Workfare assignments scheduled for 10/25, 11/1, and 11/8. According to County records, claimant completed his Workfare assignment on 10/25 but did not appear for the 11/1