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HomeMy WebLinkAboutMINUTES - 02011994 - H.3 r' A-3 TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: January 31, 1994 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING D E C I S I O N B Y V E R S T E E N Y O U N G SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Virsteen Young's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on November 22, 1993. The Hearing was scheduled for December 17, 1993. The claim was denied. Sig nature: _/"-4t4 "4::i ACTION OF BOARD ON February 1 , 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 Versteen Young from the General Assistance Evidentiary Hearing decision. Jewel Mansapit, GA Analyst, Social Service Department, presented the staff report and recommendation. The appellant, Versteen Young, did not appear. The hearing was closed. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED: and the appeal by Versteen Young from the General Assistance Evidentiary Hearing decision is DENIED. VOTE OF SUPERVISORS UNANIMOUS (ABSENT I I ) 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 Department ON THE DATE SHOWN. Program Analyst Appeals Unit ATTESTED February 1, 1994 County Counsel PHIL BATCHELOR, CLERK OF THE County Administrator BOARD OF SUPERVISORS AND Versteen Young COUNTY ADMINISTRATOR BY v D pu y Cle 4 . 3 CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: January 13, 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 Versteen Young 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 1, 1994 . Attachment cc • Board members County Administrator County Counsel The Board of Supervisors Contra Phi Batchelor Clerk of the Board and County Administration BuildingCosta County Administrator 651 Pine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers,1St District Jell Smith,2nd District 5E L Gayle Bishop,3rd District `� °" Sunne Wright MCPeak 4th District Tom Torlakson,5th District o: z January 13 , 1994 Versteen Young 633 So. 24th 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 2 : 00 p.m. on Tuesday, February 1, 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 jor By n Cerve i, eputy 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 Ilk Adopted this Order on August 4, 1992 by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None ssssssssssssssssssssssssssssss=s====ssssssss=sass==== SUBJECT: General Assistance Hearing } Resolution Number 92/154 and Appeal Procedures } The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365,75/28, 87/468, and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date, of proposed action which will reduce, suspend or terminate his or her General Assistance grant for cause. Prior notice is not required for action resulting from Board of Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department bearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a bearing within fourteen days of the date the Notice of Action was mailed. Absent evidence to the contrary, the notice is presumed to have been mailed on the date it bears, and a request for a bearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. Where a GA recipient timely requests a bearing challenging a proposed action which will reduce, suspend or terminate his or her General Assistance grant, the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable, and hearing requests based thereon may be summarily denied. 105. Hearings will be scheduled within thirty days of the date of receipt of a request for a bearing. The Appeals Unit will mag a written notice of the hearing to the claimant at least ten days in advance of the Heating date. 106. When a request for a bearing has been received,the claim may be reviewed and resolved in the claimant's favor by a pre-bearing review. (a) Proposed pre-bearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. If the claimant is unable to attend the bearing at the originally scheduled date and time, and a timely request for postponement is made,the Hearing Officer will make an evaluation of the request The bearing will not be continued beyond the bearing date unless authorized by a Hearing Officer on one of the following grounds,which require verification: (a) bearing is continued at request of the Social Service Department, RESOLUTION 11'i MER 92/554 1i (b) mandatory court appearance which cannot be accommodated by adjusting the bearing time, (c) illness which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager) 108. Decision (a) A written decision shall be mailed to the claimant within thirty days after the bearing record is closed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- bearing for cause. Part 2 Appeals to the Board 202. The applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 202. A mitten appeal must be received by the Qerk of the Board of Supervisors within 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 furtber bearing. (b) The appeal will be scheduled for the first available Board meeting,but no earlier than the third meeting following receipt of the appeal. 203. The Administrative Review Panel may review appeals of Hearing decisions and recommend proposed action to the Director. (a) If the Director supports the bearing decision, the Appeals unit will be notified to proceed with the presentation to the Board. (b) If the Director finds 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 least one week before the date set for she Board bearing.New material must be served by mail on the opposing party. 205. (a) Upon bearing the appeal, the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board This record shall include the Department's Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If the facts upon which the appeal is based are not in dispute or if any disputed facts are not relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the next step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLUTION NUMBER 92/55 206. (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 Officer's decision and such other papers as may be filed. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. If the issues are susceptible of immediate resolution,the board may immediately decide them at the appeal bearing. If the County Counsel's advice is needed on legal questions, the Board may take the matter under submission,reserving its final judgment until it receives such advice. 207. Zbe Board may decide an appeal immediately after bearing or take the appeal under «submissio= lwsby esroh ert 9"Y•to WW eons+a"of en ectia+ btsn end a W on we W*W%$ d N's sow of UWA"an VA wool A?IM aT NIS sATTOMEL cunk CO VO 9"FO e�&WWv on W4 Court A*oO* IW b RESOLLMON NUMMER 92/,r,4 7 0 0 CIO c _7t 0 0 0 cl� clf ll oec 0 0 cl L 0 a--#. zz) c 00 0 4L 7,14 e— cruxl� 7�1 3, r !V=D ZX�-6-tT /9 VNE JAN 7 I.c:l cox soA CONTRA RDOCOS CFS PE VISORS - owc Ull 0 C) 0 t 0 ( c Ups ! 71 ( 4 c ;, is 4 00014 c AIL'13 cc P. 4 LOG reply to: r Social Service Department Contra Pl Please ase r Macdonald Avenue James A.Rydingsword Co1 a Richmond,California 94801-3120 S Director J l County ^ 3630 San Pablo Dam Road �. EI Sobrante, CA 94803-2730 ` _r`� 3431 Macdonald Avenue ,�.l — r•\. Richmond,California 94805-2184 3045 Research Drive j Richmond,California 94806-5206 +fir GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION IN THE MATTER OF: Versteen Young, Claimant County #: 426518-W4EH c/o 633 So. 24th St. Date of County Notice: 11-17-93 Richmond, Ca 94804 Effective Date of Action: 11-30-93 Filing Date: 11-22-93 Hearing Date: 12-17-93 Aid Paid Pending: yes Hearing Officer: Ruby Molinari' Income Maintenance Representative: Carl Dudley, GA Specialist Place of Hearing: Richmond, Ca ISSUE Whether the claimant gave fraudulent information in order .to receive a higher grant. COUNTY ACTION AND POSITION The claimant has received General Assistance intermittently for a period of time. Her latest application was .on 10-19-93 at which time she indicated she was homeless. The claimant completed a GA 8, `Alternate Mailing Address Request` , on 10-12-93 giving the address of 633 So. 24th St as the address to send her mail. On 11-1-93 an investigator made an unannounced home -visit to the 633 So. 24th address and spoke with a man named Doc Ponder. Mr. Ponder told the investigator that the claimant rented a room there and he would see if the claimant was in. The claimant was not there at that time. Mr. Ponder informed the investigator that he had seen the claimant playing cards there late the night before. Based on the investigator's report the county proposed discontinuing the claimant's grant for providing fraudulent information and imposing a six month penalty period. CLAIMANT'S POSITION The claimant denies living at the 633 So 24th St. address. She says lots of people get their mail there and some people spend the night there. There are always people in and out of the house. It is a two bedroom house. The claimant stated Doc Ponder is a friend of hers and he stays at the 24th St. address. He sleeps on a mat in the dining room. The claimant testified she lived in a camper until it broke down. .After the camper broke down she began staying with various friends and has continued doing that. She keeps her clothes at different places and does her laundry at the laundromat. REASON FOR DECISION General Assistance Handbook Section 49-103 II. C. Recipient's Failure to Meet Program Requirements 1. Any recipient who fails, without good cause, to cooperate with the Social Service Department, or to meet GA program ..requirements, shall be discontinued aid, and sanctions will be imposed in accordance with Departmental manual 49-111. Section 49-111 II. E. Applicants 5. An applicant who provides fraudulent information in order to qualify for a grant or a larger grant is ineligible for six month from the date of the application. CONCLUSION Mr. Ponder, whom the claimant says is a good friend, reports the claimant is living at the 24th St. address. The claimant also gave a good description of the household occupants and the daily activities at that address. The preponderance of evidence indicates the claimant is living there. ORDER The claim is denied. The county's discontinuance action and imposition of a six month penalty period is upheld. Social rvice Appeals Officer Date Pr gram Manager, kfteaf-Sr'-- 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 Street, 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. A dt SOCIAL SERVICES DEPARTMENT CONTRA COSTA COUNTY WELFARE FRAUD INVESTIGATION REPORT SUBJECT: YOUNG, VERSTEEN SS FIELD NO: 426518 INVEST. TYPE: Field Investigation/Household Comp. COPIES OF REPORT TO: INVESTIGATION REQUESTED BY: Butler, M. EXT: 6-3951 DATE OF REFERRAL: 10-20-93 DATE INVESTIGATION BEGUN: 11-1-93 INVESTIGATION SUMMARY On 11-1-93 1 made an unannounced visit to 633 . S. 24th Street, Richmond, Ca. A client in another case, Dock Ponder, came to the door. I asked him if the client in this case, Versteen Young, is residing at this address. He replied "Yes, she is renting a room upstairs". He then stated "Let me see if she is in right now". He returned to the door a moment later and informed me that the client had left and was not in at the moment. He told me that he had seen the client the night before playing cards late into the night at this address. REPORTED BY: JAMES W. BEANE Welfare Fraud Investigator DATE: November Ij 1993 y . Contra Costa County Social Service Department GENERAL ASSISTANCE ALTERNATE MAILING ADDRESS REQUEST , CASE NAME CASE NUMBER EW PCN 1 request that my General Assistance checks and all ott e_r mail from the Social Service Department be sent to: 7 7- S ❑ My home address is: C>�(l have no home address. REASON FOR REQUEST: understand that it is my responsibility to pick up my mail regularly, and that failure to do will not be considered good cause for failure to keep appointments with Social Service. understand that if I do not have a current home address, I must contact my Eligibility Worker monthly. When I obtain a home address,I understand that I must report it to my Eligibility Worker right away. I understand that if I do have a home address other than my mailing address, I must include my home address on my monthly income report,and that I must report any change in my home address to my Eligibility Worker right away. I understand that I must provide verification of my home address (such as rent receipts, utility bills,etc.)to my Eligibility Worker every six months. I UNDERSTAND MY RESPONSIBILITIES AND DECLARE THE ABOVE TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. a117 1 SI TURE DATE COUNTY USF;ONI.Y METHOD OF VERIFICATION ❑ APPROVED TICKLER SET FOR ❑ DISAPPROVED Reason: TO REVIEW GIBILI OKESI T T 1 SUPERVISOR'S SIGNATURE DATE GA 8(New 9/87) Ref: DM 49501 Copy 1: IM Case file fastener B 2; Copy 2: Applicant/Recipient 40 Cow$Cum C.wr ROUTE SUP IM.loso .M TO: PCN: DATE: Phan CMct Co ct x p A. 30 Muir Road,Martinet p s.' 40 Douglas Dr.,Martinez O T. 1340Arnold3tivef1220,4Awtines O AdieWdUadon fTrak*WAopeafs) ftln C) M. 2S00AIharnbraAve..Martirtes O rO° O C. 4S4S Delta fair,Antioch O p w. 3431 Macdonald Ave..Rich. 0 100 � •�MNUMt C3 N. 1305 Macdonald Ave..Richmond 0 x. 2301 Stanwell Dr..Concord p e. 3045 Rowarch Dr.,Richmond Kewbu 'dewadro p t. 3630 San Pablo Dam Rd..11 Sob. O v. 2450n Sunwell Dr.,Contort p a. 52S Second Street.Rodeo p F. 330.2Sth Street.Richmond(PIq O 2TNIR D[�AaTM[MTt tCO3R" dsinrwtrator p Armor Cowebw O DA 116"ivppo 0 Ve"We%CNN O _ O OAbagieatorr anagement Q Haft SWVKN 13O ' 10mcw1ys o rvcs oww o CouaRyNo�pital O ho�oelott Q Akernate baftwer 0 word O Pwdboo e ❑ Carney f+nonom o Coe Nee"N" o_ O CONCORD WAINuT CaEEIf a1CN1rtOND NNENLE COua' 13 Central Services ❑Off"of M»nw Cobectba l3 Pwbk DeNndor. .O Aadocb Cl►ubk Wonder O 0_._` O NICIlasond O firms Q OTNIR: ❑ Requested LB 0 Neca mActim N01rI 113 Mtwn ❑ DiKumd ❑ information ❑;Discard ❑ ❑ App"Is4natim COMMS NTf FROM. ---L—ITELE/NONE NUM�E� ..._. ._. APPEALS 3_17gp Please reply to: SociAl Service Departrytht Contra 1305 Macdonald Avenue James A.Rydingsword Costa Richmond,California 94801-3120 Director County 3630 San Pablo Dam Road EI Sobrante, CA 94803-2730 3431 Macdonald Avenue Richmond,California 94805-2184 � � ii 3045 Research Drive �.? '''il Richmond,California 94806-5206 1'y_ •\-nom GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION IN THE MATTER OF: Versteen Young, Claimant County #: 426518-W4EH c/o 633 So. 24th St. Date of County Notice: 11-17-93 Richmond, Ca 94804 Effective Date of Action: 11-30-93 Filing Date: 11-22-93 Hearing Date: . 12-17-93 Aid Paid Pending: yes Hearing Officer: Ruby Molinari' Income Maintenance Representative: Carl Dudley, GA Specialist Place of Hearing: Richmond, Ca ISSUE Whether the claimant gave fraudulent information in order to receive a higher grant. COUNTY ACTION AND POSITION The claimant has received General Assistance intermittently for a period of time. Her latest application was on 10-19-93 at which time she indicated she was homeless. The claimant completed a GA 8, `Alternate Mailing Address Request` , on 10-12-93 giving the address of 633 So. 24th St as the address to send. her mail. On 11-1-93 an investigator made an unannounced home .visit to the 633 So. 24th address and spoke with a man named Doc Ponder. Mr. Ponder told the investigator that the claimant rented a room there and he would see if the claimant was in. The claimant was not there at that time. Mr. Ponder informed the investigator that he had seen the claimant playing cards there late the night before. Based on the investigator's report the county proposed discontinuing the claimant's grant for providing fraudulent information and imposing a six month penalty period. CLAIMANT'S. POSITION The claimant denies living at the 633 So 24th St. address. She says lots of people get their mail there and some people spend the night there. There are always people in and out of the house. It is a two bedroom house. The claimant stated Doc Ponder is a friend of hers and he stays at the 24th St. address. He sleeps on a mat in the dining room. The claimant testified she lived in a camper until it broke down. . After the camper broke down she began staying with various friends and has continued doing that. She keeps her clothes at different places and does her laundry at the laundromat. REASON FOR DECISION General Assistance Handbook Section 49-103 II. C. Recipient's Failure to Meet Program Requirements 1. Any recipient who fails, without good cause, to cooperate with the Social Service Department, or to meet GA program requirements, shall be discontinued aid, and sanctions will be imposed in accordance with Departmental manual 49-111. Section 49-111 II. E. Applicants 5. An applicant who provides fraudulent information in order to qualify for a grant or a larger grant is ineligible for six month from the date of the application. CONCLUSION Mr. Ponder, whom the claimant says . is a good friend, reports the claimant is living at the 24th St. address. The claimant also gave a good description of the household occupants and the daily activities at that address. The preponderance of evidence indicates the claimant is living there. ORDER The claim is denied. The county's discontinuance action and imposition of a six month penalty period is upheld. Social rvice Appeals Officer Date Pr gram Manager, kppea s 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 Street, 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. 30 1 � 0, 41.5, 1a (,a3ul�-5 j3- qq f Ir RECEIVED JAN - 719P4 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. a;7' r .v �:�`.L ',i� .�� � . � t .-�, ,� �r... f� �- � (� C� y �}as .ua �lM ♦� � . r �, � � t � � ��.� L�1 t , j\� y �a:� �. � ! s � �,ry r � � �- _ � �` � ,Jl � �( ��;�� �"' t,,,y,; � _ ��- -.�_ �. 1 �� ..; -- i,,t.,} -��, .-�,,�! �'a ��� �� TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: January 31, 1994 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING D E C I S I G N B Y B E N J A M I N B A S C O SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Benjamin Basco's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on October 25, 1993. The Hearing was scheduled for December 13, 1993. The claim was denied. Signature:/� ACTION OF BOARD ON February 1 , 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 Benjamin Basco from the General Assistance Evidentiary Hearing decision. Jewel Mansapit, GA Program Analyst, Social Service Department, presented the staff report and recommendation. Benjamin Basco, appellant, presented testimony in support of his appeal . The hearing was closed. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and the appeal by Benjamin Basco from the General Assistance Evidentiary Hearing decision 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 ON THE DATE SHOWN. ATTESTED February 1 , 1994 cc : Social Service Dept. PHIL BATCHELOR, CLERK OF THE Appeals Unit Program Analyst BOARD OF SUPERVISORS AND County Counsel COUNTY ADMINISTRATOR County Administrator Benjamin Basco BYAMA a puty Cle i CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: January 14, 1994 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk ,, 1 Ann Cervelli, Deputy Clerk GA SUBJECT: Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Benjamin S. Basco 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 1, 1994 . Attachment cc : Board members County Administrator County Counsel Phil Batchelor The Board of SupervisorContra Clerk of the Board and County Administration BuildingCosta County Administrator 651 Pine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District 6 E. L Gayle Bishop,3rd District Sunne Wright MCPeak 4th District Tom Torlakson,5th District o: January 14 , 1994 ` sra,cuiiK`� Benjamin S. Basco 2446 Sullivan Street San Pablo, CA 94806 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 . 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 : 00 p.m. on Tuesday, February 1, 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 Admini trat P By o An Cer e i, Deputy Clerk Enclosure cc: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on August 4, 1992 by the following vote: AYES: Supervisors Fanden, Schroder, Torlekson, Week NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: General Assistance Hearing } Resolution Number 92/154 and Appeal Procedures } The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365,75/28, 87/468, and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date, of proposed action which will reduce, suspend or terminate his or her General Assistance grant for cause. Prior notice is not required for action resulting from Board of Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department bearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a bearing within fourteen days of the date the Notice of Action was mailed. Absent evidence to the contrary, the notice is presumed to have been mailed on the date it bears, and a request for a bearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. Where a GA recipient timely requests a bearing challenging a proposed action which will reduce, suspend or terminate his or bey General Assistance grant,the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable, and bearing requests based thereon may be summarily denied. 105. Hearings will be scheduled within thirty days of the date of receipt of a request for a bearing. The Appeals Unit will mail a written notice of the bearing to the claimant at least ten days in advance of the Heating date. 106. When a request for a bearing has been received,the claim may be reviewed and resolved in the claimant's favor by a pre bearing review. (a) Proposed pre-bearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. If the claimant is unable to attend the bearing at the originally scheduled date and time, and a timely request for postponement is made,the Hearing Officer will make an evaluation of the request The bearing will not be continued beyond the bearing date unless autboriud by a Hearing Officer on one of the following grounds,which require verification: (a) bearing is continued at request of the Social Service Department, (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) 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 shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- hearing for cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 202. A written appeal must be received by the Qerk of the Board of Supervisors within fourteen days after the decision bas 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. r (b) The appeal will be scheduled for the first available Board meeting,but no earlier than the third meeting following receipt of the appeal. 203. The Administrative Review Panel may review appeals of Hearing decisions and recommend proposed action to the Director. (a) If the Director supports the bearing decision,the Appeals unit will be notified to proceed with the presentation to the Board. (b) If the Director finds in favor of the claimant,the Ckrk 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 cornective action. 204. Both the appellant and the Department must file all written materials at least one week before the dace set for the Board hearing.New maurial must be served by mail on the opposing parry 2.05. (a) Upon bearing the appeal, the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board.This record shall include the Department's Hearing Officer's fact findings,plus any papers filed with that Officer. (b) If the facts upon which the appeal is based are not in dispute or if any disputed facts are not relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the next step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLLMON NUMBER 92/5_ 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 baud on the Department's Hearing officer's decision and such other papers as may be filed. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. If the issues are susceptible of immediate resolution,the board may immediately decide them at the appeal bearing. If the County Counsel's advice is needed on legal questions, the Board may take the matter under submission,reserving its final judgment until it receives such advice. 207. The Board may duide an appeal immediately after bearing or take the appeal under .submission. 1 ttnsby a »rrt f► r go end amt etrpf�d an senor+ tikfan Mrd WftM va f� Mrksr�dpptlts saw of AITISTMI IL{µTGiEI —rk of to Bo�ro d�tit�ors!nd Ootmtlr motor • � � � RESOLUTION NUMBER 02/ 554 G' 5�6 l � � Vr,� TVA SCA �-5 10 o \,-15 , �� �� --� -=c� uJCz.� .moo-c-��Z � t f T- A E EIVED OF SUPERVISORS COSTA CO. JAN — 1 3 - 94 T FiLJ 1 fa 1 2 P 0 1 Social Service Department- Contra Please tlply to: A 40 Dooplas DrIvo Perfecto.vlitarroalo s� Martinez,Gttlitcrnia 94553.40138 Dirtftlar L CO Post-It"'brand fax 11<w ntiital rTmOMQ 77$7'1 nor pagers . Front GENERAL ASSISTANCE 1;VI.DENUARY 1;E.4Y NGT DECISION Denjatrdn Basco, claimant County %No.: 070-0505771-W4NJ 2446 Sullivan St. Notice of Action.: 10/19/93 San Pablo, CA 94806 Effectivc Datc: 10-31/33 Appeal Hing Date: 10/25/93 Aid Paid Pending: Yes Date, of illc.;aEing: Deoember 13, 1993 Plate of Heal irlg: Riciunpnd, Cali�fornitr Appeals Officer: Carole C. Al1tm Income M.Id rte m. ice Reprc:st;nt.:r,tive: CAd Dudley Whother lite Coutnty is correct in its dis:wntinunnce of c rr vit's Gc:norael Assist<'rnce gr.iunt anti 410 imposition of a six •molnth porion of,.ineligibility because of claimant's subcr.$$cion 'of fratr�i�alc>it irrfinmation regarding, bis IiApg ax.rangc,menu in order to qualify for a liwgq aid payant'nt. Ciairrra�rt applied far Gextcra�l Assistanc o (G.A.) in May, 1993. At that time claimant t014 the li�ibility Wc>i•ker that he hived at 2446,.SWl ivatlt, San Pablo with kris parents and his sistem' .Ics s,'Wtod he paid $150 a month cont. Tht� Worker gave claimant a Shalrcrd Housing St,tt;nizcnt to have Biped by his parents. Ibe fbrtrl., 'sighcd on 7/7193, staged that claimant paid no r+nt, did not Dave to pay for udlides and paid; $200 a month for fOA . .tier the �,ligibititY' 'l�arI Suporvi;sor made'a phone call to clpairrtant's mother, tho modiet stated claimant will bo paying -TAN — 1 Z _ 194 T H U 1 1 2 P 0 2 J .r M PCRj 1tt].in, BaSco 0..70 -0505771 Pazo 2 $150 a month Brent. t;7aiznanVS gpint was reduced clYovtivc 8, 1 93 bccauso another sister moved into,the howIebold in ,kitty. Un 8121x33 Cla in4vi It called his Worker sizing he was homeless but would cotatWued to use his parcltts' address .far nwil. On 6/10.193.tho Eligibility Worker made..a referral. to Early Fraud 1. election Unit. According to the lltvtrsiigator"s rcpart, on 9i:13.z Ytivestif;�ttor Raymond Carl-wn ma�ltr an u.nannottnced tt.0[taC visit to clai.tnant's parents' home. He spoke,to Claimant's father, Bc;n Bmco. N r. Basco stated that clai�na�tt]t was living there, .IYt' si rrted a sult'en7ent under pottatty of perjury that his son 13cttiiat tiro hives with hurt. On 11115/93, lien Basco sigrnod. another sta;tmont that BGntlunin no lonecr lives with diems. n s •st3terrtctst was written far Ya�resc]t�7ti,on at a .k�()od. Stamp hcaring. 'Ibc� Income Ma�in,tonance Repres nuative,stated that he ad'visod claim-vit at that time to Ning his father to the* G.A, Elv'ideritiasy Hearing. The.{;aunty contends that s l.tbnant is not. holnel",s and gavc ti"audulent infonnation in order It) c ttsililyr -o a 1,,arger grant than t'luo to which hc'was c nfitic,.d. JA_MAI�'DS I'Q51�i'IN t lainiant tc,stifxod that he is homeless, TTo st<acd he stays in f icr ds' homes fTcsqucntly in San Fr,arrcisoo. Sonwtimes he Sta3.s: in Sai.t1 Pab10 oil the grcct,9. 11c suacd his t7thur told the .Ovvti.glau r he' (claintant} lives with hilxt bcc�att au 1]i$ iather way; angry with him, clain'wnt cc�ntands he, is hying to cooporrtc with G.A. Ile stated N is 29 y�,.Irs old and is too old to he ovi g with his parents. fie statC,d. :hc ds�cs not,i7t+ed their sttpl�otl, attylrtot'c. Claimant stated he cid not btin.g his father to the hearing bccauso#tis tatltc�r is angzy with him. ..Departmcnt Manual Section 49-111,1I,I)i proOdes than an applicant or recipient who pro-Odis f'raatdulcat.information in order to qualify for a General Assist,ancc arrras]t or fin a lat-rcr gxani, or to avoid termination or redaction of aid shall ho required to serve a six month period of inclig ibility, C11. - CI;Aini:ant his made sm-cral Statcmcnis rc$ardiag his living sizwxion time he applied for G.A. in. May; 1993, The varioue strttemzots 3p1mir to have bean Ir]adc in order to rucoivc a grit 11th,►,.cr .,TAM — 1 Z - 94 THU P . @g Bczitanuin Baku 4709-0505771 Page 3 thain, that to which he was entitled: hA no reason to tris-state claimant's living si�uatiolh w htn he stated on 9!3/93 .that ol.almant.lived with. him Ummanrs testimony was not cotrvimiztg:' It is found that claima4 lirgvided ftavdulent inNination on W/93 when he staWd he was It 7m less. I1Q provided tkiis 0ctn tx xt:with the; itttcnt of rc:c�:ivit% a larger grant than that to which hts was entitled in tlts� ht°c°cl hvrisiztgy.�ragctnent lac; hadwith his parents, IIle County's proposcd action is upliod. ORDER C:laitn is deltied. Oainnanfs G.A. shall be dt`scon,tinttod azt'd six:a mmallt pohod of ineligibility shall be imposed. seta ' .cvxGc gpcals tcelr' ate pi pis"Ti6►, ;:graIT.,Mger Date IZ':you, are,di atisfiied with this deci idra yeti rttav agl coal the matter ciiroatly to the Contra (,osta c6twiy 1304r,4 of Supervisors. A fa ;als must be fried in writing with tlao;G-cjl~: of the Board, 651 bine St., Mar incx, CA 9.4553. d iys of the date of this lk videnx i�ary ��+riaax�.azl; 1D+CCa:�A+�xtt. NOLItter aid paid pending a Bo d;of Supptvi,sors appeal. A� off' _T A'1­4 - 3 - 94 _r H U I FS :02 • p 02 0.70 d-005 771 11;igyo 2 $150 a month rant. Claimant's gotilt w.js rcdtice(I cjrc:Qfivu 8, 193 becatin another sister. moved i0b the household in July. ().n 8/2/93 dairminveatled kris Wor�-('I 3ixin.g he was hoinelcss bu.1 woold continued to use his parents' Mdxx,,,;S for.111,11 On 8110/93 (tic Eligibility Workor to 11arly Fraud Veloction Unit. ACC01-dirig 10 the Investigatoij.s, rQport, on 9/3/93 Nvostigator Raymond Carlson made an unannoonecd home visit to dAimant'i paronis' home, He *,p(.�R�e toa 13c Bi l.,jjsco, j\ Dsco st wd fliavela.in unt vvas living thcre, 110 a r t ry th it so jgCjjl�.rjt un&r of pc.i i his n 13eq.jari-ljn lives tvltlt him. Oil 1-1/15/93, Ben Basco sikpwd, apoijicr st, twmeot thit VoRjaiWn no to ngcr li',vv4 with tholn. Illis aq 'wilvili'm at a food. Swfu Mairltvnarice -0.00ITtent W" written for prC p hcidng. Repr,°sontative,staved that he adviswd cIjijnai:it at that tinic to Oring his fittler to the G.A. EvRlOtiary Hearing. Tb. c .County conten& that 03bnalnt is riot ji,otncic;ss and ga.vc fraudulcrit information in o qualify forder t 'ow r a larger grant than that to hw i 11 he' as Wid ' . "D A (JIAIMAN 'S_PqSL (71aim'1111 tc.stified that tic is hoaxless, Ho stated he stays in flivrids' borrics ftu(jucntly ill San Fralichsco. Soniolinies he Map in Sail -Nblo oil the str"'Li, I Tc stated his father told -the g WvcSfigatpt- he (clainiant) lives whit11jin.boc,aj.§Q itis iAdicr was v gty with him, Clain xlt COPtands ho is trying to coops ral,,- with, 0-A, Ho slated W Is 29 yw.Irs old and is too old to b,s I;N-jpg with his parents. lie stawd he does not,necd their slupi)vlf anvW01'e. Claimant stated he did not biing his father to the bearing b0causo-his radwr is angry wink WM. REP' Deparimcm Manual Secion 49-111,11,1,11, providoq than an appliecant or recipient who provides fviiidulcat.infoonation in order to qwalii ,* for a Guvural As,,kwn" hgwit oi- 1*)i a lairger galit, or. vPid termin,ation. or reduction of aqu id shall bo ririM to serve a six month period of i1toligibility, Clainiant has made sei--oral statemc-nis rcgardlng his living sizz�xion sin,:c he applicd for G,A, si :May; 1993. Tbc vac ous statem.(mvs apivarto have Non madc in order to rccoivc a grant,laqp-r -T AOh4 — 1 -3 — 'D4 -T H U I G A P Basco 0109-005771 P a g tj 3 ihan, that lo which he was etliftledi cliit,vxx's1lither.hi(lno rear on to inis.-state claitnant's. living s4uatio# Mien he stated on 9/3/93 Oiat 4akmiat,UVA with, him. Clilmant's testimony Wi.q. neat wnvindbg, It is found that clainianiprovidtd ftaudulcmt infonnxion on 8/2/93 when he stened . bewashomcicss. I-1c provided this 4,1 ni &vwith the intent 'I"receiving a I a%?cr gra ht thark . that to which lie was entitled in the Owtd housibg arrangt;ment he. ha(I with his parents, 'Ilio.Copnty'p proposed ac,ion is upluj& C Axm. is doiiicd- Ctaimatit's G.A. shall be discontinued aod six a mc olh pe.dod of it digibiliky shall be imposod. Haat -ds 0 tee Yv lel -pi� 'TU a 5PIn ate if you are dis.s,ifisfiod with this decision:you! may appeal the niatiorAiroctly to the Contra Costa C'600tv lac tro Of Supvrvisors. Aopoals must be Mcd in writing with,tht� Ocrk of dic Board, 651 Pinc, St., Mvfinc7, CA 94553. Ap# al ibix-4t'bo filed within, folki-otoo.,:(14) days of the dat<i of tids Evidenii: Nqfn-thcr ai.dpaid pcnding a Board;of Suppmsors zipl:val.