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HomeMy WebLinkAboutMINUTES - 01251994 - H.4ABCDE H.4 0. 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 8u isors on the date srwwn. ATTESTED: PHIL TCHELO Jerk of the Board D0 1 and Couministrator r By .Deputy Orig. Dept . : Clerk of the Board CC : Social Service Dept . Program Analyst Appeals Unit County Counsel County Administrator Carl Baldwin H.4 6. 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 Jess James From The Administrative Decision Rendered On General Assistance Benefits . On January 18, 1994, the Board- of Supervisors continued to this date the hearing on the appeal filed by Jess James 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. 1 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 shown. ATTESTED: PHILCHELOR, ark of the Board pery ora d Co my ml Istrator BY .Deouty Orig. Dept . : Clerk of the Board CC : Social Service Dept .. Program Analyst Appeals Unit County Counsel County Administrator Jess James H.4t TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: January 25, 1994 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING D E C I S I O N B Y D A' V I D M A N G U M SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny David Mangum's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on July 26, 1993. The Hearing was scheduled for November 3, 1993. The claim was granted. There is no issue to appeal. Signature:� ACTION OF BOARD ON January 25 . 1994 APPROVED AS RECOMMENDED OTHER x This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by David Mangum from the General Assistance Evidentiary Hearing Decision. Jewel Mansapit, GA.- Program Analyst, Social Service Department, presented the department' s recommendation. David Mangum, appellant, presented testimony in support of his appeal . Supervisor Smith moved to grant -the appeal . IT IS BY THE BOARD ORDERED That the appeal by David Mangum from the General Assistance Evidentiary Hearing Decision is GRANTED. VOTE OF SUPERVISORS x UNANIMOUS (ABSENT Iy ) 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 January 25 , 1994 cc: Social Service Dept. PHIL BATCHELOR, CLERK OF THE Program Analyst BOARD OF SUPERVISORS AND Appeals Unit COUNTY ADMINISTRATOR County Counsel County Administrator David Mangum BY 01 JAA I Pal Dep y 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 David Mangum Please furnish us with a board order with your recommendations and a copy of all material filed by both the appellant and the Social Service Department at the time of the Appeals and Complaints Division evidentiary hearing 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 — 3 - 94 MON 14 : 4G P 01 1 ' Piano rer;'. Social Service DepartmentQontra . 4t!C�Ou91a9�r IV@ • Perrecfo Vular#ea Cosh bSertinQx.GA r."rare 0450,4069 CPost-ft"'bran tax tr�nsmittal n*mo of ea;r • �� Fr81h Co. PhQAet M . r�`'�"" Eax a � I RII Evidentiary- Nearing Decision THER OF3. :David-' Mangum County #07-92-495199 r14 ,•Corte Lado tate .of County Notiee:7-13-93 & 7-201 .Martinet- CA - 94553 . $ffective Date of action: 7-31-93 Filing Date: 7-26*:"O Hearing Date; 11. -3.-952 'Aid Paid Pending No :Appealfa officer ; Barbara R— Weidenfeld °Work Programs .Representative:„ Caa. Dudley -81act. of Hearing; Martinez ;Whethe-It , the county .correctly proposed discontinuance of the claimant's- General Assi;str;aTlce..ba#efits .because he failed, without gc�cc c uaa, t© meet :.the+ .rcrp3i ymen rb 'irements of the program# -Whether-. the- claimant's failure was willful, so as to require a :three -month period of ineliq; b.ility. '. A t:houcrh the claimant �a.pPaa,led Nbtices dated 7-13-93 and 7.- •i3-9.3,; the. County ad�ressa.d. prily the issue mentioned in the July- 13 41ptids of action; ' .7be clai'raant!s testimony addressed his 00�'d cause:.reason - for failure :tq attend the additional appdi.ntm, :.ne.� which were the •subject of the July 20 Notices. The claimant was originally scheduled for a hearing cin August 9., ' 1993. His claim was.. dismissed because of his failure to attend that hearing. Th6 diOmi.s.sal was overturned by the 8oarc of Pupa'rvisors on October 12, 1$193.: , '.The hearing record was held ,open until November 19. 1993. t o ,give the claimant an opportunity to provide •additional evidence.- The vidence..The claimant is serving a period of . ineligibility for a subseauent: failure. _TAN _ 3 — 9 4 MON 14 : 47 P - 'SOCia .Service department Contra P!rwsererx• '.c 40 DOUQUIS Orw# Peftclo VillitmilC��+�.a ti�ar+�nu.Ca11rcrrna 945S3-4M pirnc�or CQu Post•It'brdnC taxaSmittab orp.--.- s'- To From r • qp .._ Phone +. Fax 0 / Fax Y a Evidentiary Searing Decision . .�I+�;:. I MATTER. O s David Mangum County #07-92-495199 it 'Corte Lado Date of County Notice:7-13-93 & 7-201 iKart:inez 'CA 94553 Effective Date of Action: 7-31-93 Filing Date: 7-26-93 Hearing Date: 11-3-932 Aid Paid Pending: No3 .Appeals officer Barbara R. wei•denfel,d Work Programs Representative ; Carl Dudleiy Flac'e of .Hearing: Martinez ,"SSUE .Whether .' the- county correctly proposed discontinuance of the claimant's General Assistance benefits because he failed, without good cause-, to meet .the employment requirements .of the program. .Whether the claimant's failure • wale willful, so as to require a three month period of ineligibility. } Although the elaimant .appealed Notices dated 7-13-93 and 7- 20.,-93, the County addressed only the. issu'a mentioned in the July 13 riot•'ice of action... The' claimant' s testimony addressed his. good. cause reason for failure to attend the additional appointments which were the subject .of the July 20 Notices. ' The claimant was or-i'ginally scheduled' for. a hearing on August 9, 1993 . His claim was dismissed.because of his failure. Co at•t0d that .hearing. The -dismissal .was overturned by the Board of. Si),pervisors on October '12, 1993 . The hearing record was held open un•L:il November 19, 1993 to give the claimant an opportunity to provide additional evidence . ' The. claimant is serving a period of ineligibility for a subacquent failure. .TAN -- MON 14 : .47 P *. 04 Th'6 Claimant Was notified on 13, 199.3 that he would -be discontinued from General Assistance effective July 31, 1993 . 'be;0*4se he demonstrated: willful noncooperatiba . or noncomplianod .. With. .-*rk Programs requirOments. ,without good cause in that he Oaile'd-,to participate in workf'are on July 30, 1993 . A three month period of ineligibility was Imposed. Re -was further notified on July 20., 1993 that his benefits were.. being discontinued for fail.Vre to participate in workfare on Jul* Y 8 0- :19-93 and..Job. Club' on July. 13, These notice also applied a thiie' month period of ineligibility. Becaus�p the claimant had . failedto comply with requirement's in March,. .190.3 a one month.piricd of .in"eligibility had been proposed. - As' tliia was a second fa lure, the County proposed a three month Pe�alik effective August '1,:- 1.993 for 'the three failures. Re was' told oz each notice that he'could.,re-apply on or' a'f ter November,'!'. The claimant is currently, perving. a six month period of ineligi- bilitybeca use of subsequent : failures; aotioils which were not 4 Tho claimant, most recently on May 6, 1993, agreed to cooperate , with Work programs requirem6nts. .. His. agreed in part that he would- ..:Petfoirm all work assig#meits".aind attend job club meetings; to be-ori tisj;--to copperativ4ly':cQmplet.e all assignments and if not able -to do ;:so foal any -of theens4-!n6rated..good cause reasons, he would be Pxpected-.to' provide proof. cif the 'reason, Ike : received benefits in March, .. 1991. He served a period . of.. i,Ddltgibility in April 'and 're-applied in May, 1993 . The cWmant received his- W 'rkfare 0 . assignment on June 17 for Workf.-at6 on June 23, June '.30.-and July S. He did not appear for the . 4runiIi- assignment. - He provided, :medical verification that he was riotAbie to attend that -day he had a medical appointment .. and was .excused from 'the 'June 23 work date. On June 30, he -appiea,r,ed it thi worksite -but stated that he had a bad leg. This was reported as a failure. He further rther failed to attend workfare ora. July- 8, ' 1993 and Job Club on July 13, 1993 . The claimant. stated that he sustained an injury in May, 1993 . ' X16 te-14 an inj"ured. his back,.. .left leg, and foot . He went to- Merrithew MeMorial Ho6pital- Emergency on. May. 25, 1993 and- was told that -be. . 6h6ulld-"improve within two or three ,weeks.. He provided verification. . this -to his worker The: discharge instructions stated that; if. he aid not' improve within.,thait time, he should get; a "recheck" in the blinic. 'The evidende provided showed that he was seen again in 2. .T A W - 3 - 94 MOM 14 : 4e p g :.ormergency on 6-23 and was told-to keep the appointment that had been scheduled for the- following ..day. The :claimant testified that tae 3rept the appointment, -was coritinued on medication, but that he 4as givien. no additional. treatment. He stated that he was told that the 'Vzoblem should improve.. ..The claimant testified, that he continued to be in pain from the Injury ;and was unable to walk or. stand for. prolonged periods during the. period under review. He et�ates that he. began treatment on :august - 9 - with a Chiropractor (referred by a witness whom he introduced at the hearing). who would provide care for him on :credit. He provided a latter dated. Auguat 17, 1993 stating his diagnosis and the treatment plan. ,:41though the case recorddocumentation states that the claimant -was liven a.-.GA 341 Medical Verification .of 'Uxiemploya..bility, there is h6 ase :copy. filed in the :record:arid no indication that the claimant ura's .given the criteria . for :es'tablishing eligibility based upon :4.nel6yability. The claimant, . after having the form described to :him, stated that 'he had not bscn' given such a form. On June 23, he told : worker that 'he . had he form" and sent it to her from .14artine;. The claimant 'clarified that he wars referring to the ElbergdV.dy- Room record 'which is- on file. `ha hearing record was held ,open: for the claimant- tb have a currept A 347: completed and subtnitted.by. November 19, 1993 . No additional evidence was submitted. )kgULA AIYTAaRITX . :department Manual Section 49-111: ' 11. POLICY A. - General Ass:ist;khce. .appaicants and recipients who demon- strate . noncooperation or noncompliance with Social.' service. Department.- program requirements by failing: to. i meet any one..of :their. enumerated responsibilities without, good. cause. shall: be denied aid or shall be discontinued. A,-period of ineligibility may,be imposed on recipients in instances involving .noncooperation .and noncompliance -.in accordance with guiddlihes which follow. 2 . A recipient who flails to -cooperate with the Soeip'kl Service vr•.partment by failing to meet any one. of his or her enumerated responsibilities without good cause,. shall. be discontinued . -did, and sanctiche . will be imposed aa. follows: a. first failure: one month b. second :failure :. three months C. third. failure: six months 4. Examples -of recipient responsibilities include, but are not. limited 'to: 3 ,TAN - Z - 94 MON 14 : 49 P . 06 a.. appearing for Work Programs Assignment Group or. monthly .Job Club meetings b. submitting. a timely and complete job search report form C. performing "a monthly workfare assignment d. Cooperati.ng with OWDS e. cooperatihq with .Quality -Control f. submitt,iftg a timely and complete monthly status -report (CA-7) g. coqperatin,� with and completing the annual redetermig4tion process h providiiig'',requested information or verifica- tion, including.verification of unemployabil- ity, by tb4 due date i. applying f6r any other resource or behefit.4 incluaing'-:Pupplementail Security Incomq, and taking all. necessary steps to receive such income. J . accepting ...an offer of employment, and: main- taining, amip:loyment. F., coca Cause I, The reasons W.hioh establish good cause for a. fail- ure to cooperate or comply are subject to vorifi;- cation and 4nciiide, but are not limited t6', the following; a. empI.oyiYi6nt,, bas -been obtained b. scheduled interview or .testing C. MaAd4tory .66urt appe4rance d. incarceration e. illness f. death i i n' the family 9. other substantial reason.. These must be re- viewed wid ,'approved by the Division Manager. co IO As, tbe..evidence does not support the County's contention that t the claimant was provided with. the".;-t,A 34.1 form prior -to the hearihg and the- cls�;ima' nt has prdvi-ddd. evi4q. nce. that he understood to meet thd. requ#qments of providtng.' � medid4l verification, . he has not failed :to. comply with the eboperatibn and compliance requiremeAte - to ' eotaLbl.is.ih unemployability. Even without' a.further report Xl,,rom Merrithew Memorial Hospitathe eviden6e Of the claima:dt' s emergency room treatment and the ;report mom his' treating Chiropractor .providesubstaintial relevant evi- denco to conclude that. the- dlaimant: was il�l during.the period under , . .rev4ew.' it is, therefor,6, concluded that the ' claimant had good cause for failure . to keep tins : employment related appointments oA June 30,, July 8, and July 13. * 4 .TAN - 3 - 94 MON 1 -4 : 50 P . 07 The ..action to discontinue :General Assistance is, . therefore, not sustained. RDX The claim' is granted. the f4ti ure shall be removed from the log and benefits issued as 0:herwise eligible. Barbara Ft. Waidenfeld Date Social- Services Appeals ;Off icer. Ken Adams 4 "roe Program Manager., Appeals. Date If you are . dissatisfied ..with .this. Decision, you may appeal the, matter:directly to the -Contra Costa County Board of Supervisors. Ap .eal�s mast be filed .:iri- writing with the Clerk of the Hoard, 6$.X Pines ,9trett,- Room X46, .M r 3 i ; :CA 9 553 within fourteen (14) .days- o.£ the. date of the Evida n pry..Hearing. Decision. Wo further- aid is paid Oehding a Board of Supervisors appeal, 5 Z a / 'el 001. r r � `i 'DECEIVED DEC 300 CORK BOARD OF SUPERVISORS CONTRA COSTA 1 Phil The Board of Supervisors Contra Clerkft helor and County Administration Building Costa County Administrator (510)646-2371 651 Pine St., Room 106 Martinez, California 94553 County G Tom Powers,let District Jefl Smith,2nd District Gayle Bishop,3rd District ','' '•L • r Surma Wright McPask 4th District •,y? .,• Tom Torlskson,5th District January 4, 1994 David Mangum 1541 Shell Avenue Martinez, CA 94553 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 . 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2 :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 ' str for By 7j; Cervel i, Deputy Clerk Enclosure CC: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator G 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 sssssssssssssssssssssssas=ssssssss=ssssssssas===s==== SUBJECT: General Assistance Hearing } Resolution Number 92/554 and Appeal Procedures } Tie Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365,75/28, 87/468, and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: Part 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice, mailed at least 10 days prior to the effective date, of proposed action which will reduce, suspend or terminate his or her General Assistance grant for cause.Prior notice is not required for action resulting from Board of Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department bearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a bearing within fourteen days of the date the Notice of Action was mailed.Absent evidence to the contrary,the notice is presumed to have been mailed on the date it bears, and a request for a bearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. Where a GA recipient timely requests a bearing challenging a proposed action which will reduce, suspend or terminate his or her General Assistance grant,the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable, and bearing requests based thereon may be summarily denied. 105. Hearings will be scheduled within thirty days of the date of receipt of a request for a bearing. Tie Appeals Unit will mail a written notice of the bearing to the claimant at least ten days in advance of the Hearing date. 106. When a request for a bearing has been received,the claim may be reviewed and resolved in the claimant's favor by a pre-bearing review. (a) Proposed pre bearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. If the claimant is unable to attend the bearing at the originally scheduled date and time, and a timely request for postponement is made,the Hearing Officer will make an evaluation of the request.The bearing will not be continued beyond the bearing date unless authorized by a Hearing Officer on one of the following grounds,which require verification: (a) bearing is continued at request of the Social Service Department, WVC^T TrM^%,v 1kTTf1/0r0 04 re. (b) mandatory court appearance which cannot be accommodated by adjusting the hearing time, (c) illness which prevents travel, (d) death in the immediate famfly, (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.71e 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 hearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors within fourteen days after the decision has been mailed to the claimant.Absent evidence showing the contrary, a hearing decision is presumed to have been mailed on the date it hears. (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 decision,the Appeals unit will be notified to proceed with the presentation to the Board. (b) If the Director finds in favor of the daimant, the Clerk of the Board will be notified to withdraw the item from the Board agenda The appropriate Social Service District office will be advised to take corrective cation. 204. Both the appellant and the Department must file all written materials at least one week before the date set for the Board hearing.New material must be served by main an the opposing party. 205. (a) Upon hearing the appeal,the Board shall make any required fact determinations based on the record on aRpeal 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. RESOLU77ON NUMBER 92/ S4 a • • 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~&decision and sucb other papers as may be filed. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. If the issues are susceptible of immediate resolution,the board may immediately decide them at the appeal bearing.If the County Counsel's advice is needed on legal questions,the Board may take the matter under submission,reserving its final judgment until it receives such advice. 207. The Board may decide an appeal immediately afar bearing or tate the appeal under wsubmission. t twwbr ewANr t►rt A a to ane w It ewer� e d bbn SM o WAG"AG"of all AMA .on go P a Z aA � ,Oeputr RESownON NUMBER 92/.E4 -TAH — .3 - 94 MON 14 : 4s P � 1 Social Service Department Contra P'Saso rE(,;4t:L�Q;jqlaS . :, Perfe;fa V111ar-rew ('`` '<' 1incr..ce ':+r�;�ea 045$3 A06S Oiroclt5r " itst*It'°bran #aX tra r fy r SmmatYo o From faa,► , AA 11,; !iQl __ ..+.... Fait I Evi.de. ti.ary- Rearing Decision :;X_,T'H3W_�M f TIER d David* Mangum County #07-92-495199 .14 Corte Lado Date -of County Kotice:7-13-93 & 7-201 -Martinez CA 94553 tffeccive Date of Action-. 7-31-0 Filing Date: 7-,26-93 Kea•rinq Date: 11-3-932 Aid Paid Pending: Zv03 .Appe,als ;officer a Barbara A. Weidenfeld. York Programs ,Representative.: Carl Dudley -i I�laoe of Hearing: Martinez Whether the county corxect,,`.ty -proposed discontinuance of -thy er .claimant' s Genal A:s�ist�nce. bez'e€its because he failed, with6u*. good Citause-, to meet th-6 -ermi)l07men-t~ rtquizaments of the program. :Wh.ether . the claimant's failure was willful, so as to requi,�te a .three, month period of ine l iq-i.bi lit_y. ' Although the clai.man.: appealed Notices dated 7-13-93 and 7- �0-93,1'. the County addiesse.d akilY the issue Mentioned in the Jul-Y 1'3 riotide, of action: "I'be +w1, testimony addressed his c:o6,d cause .reason - for fai lure .to ' a:tt,end the add.iti.onal appointmene-s which were the subject" of the.- Jury 20 Notices , The claimant was ori,g:irnal'ly scheduled for a hearing on August: 9, 1993 . His claim,' wa's•. dis'mi.ssed because of his failure t o ., attend that hearing. The disr:fi.;ss'al was- overturned by the Board pf sup e�rvisors on October. 12, x9.9.3.. The hearing record was held open until November 19, 1993 to q'i.ve the claimant an opportunity to provide additional evidekice. The claimant is serving a period QJ* . ineligibility for a stibsequent ;Failure . _TAN _ 3 _ 914 MON 14 : 47 P . @ 3 Social.Service department Contra P ,ase ria 40 00u,ihs :r dl Perlecto:Viil3',real 101al;41i e.C•vll:nr a 041*53 40iv Diruc�a Costa Cao Past4rll brandfax tiaosmittai m -mo 76 a or pr:��aa r t1.fi.F1 To FIOm► .1 �� T..-.. Phones Fax it r�•, Evidentiary Bearing Deciolon PU David MAngum County #07-92-495199 .14' 'Cort~e Lado Date of County Notice :7-13-93 & 7-201 Martinez 'CA 94553 Effective Date of Action: 7-31-93 Filing Date: 7-26-93 Hcari.ng Date. 3.1-3-93' Rid Paid Pending: No3 ..A.Ppea;le c>ffj.ce•r : Barbara R. Weidenfeld W6'rk Programs Representative : Carl Dudley .Plaic'e of Heax ing: Martinez Whether the, county c:oreactly ptoposed discontinuance of the c3.aimant' s General Assistance benefits because he failed, without. 960dca•uae-, to meet the employment requirements .of the program. Whetter the, claimant's failure - was willful, -so as to require a three month period of ineligibility. 1 Although the c2.aj.rnant appf-aled Notices dated 7-13-93 and 7- 20.-'93 , the County addressed only the. issue; men.:I.Oaed in the July 13 110tice- of action . The clairrlatnt' s testimony addressed his good. 'cause reason for failure to attei;t.d the additional appointmer:ts writ-ch were the subject: of t_!te July 20 tlotice s'. s The claimant was or-Aginally scheduled' for. a hearing on A Agust 9,' 1993 . His claim was dismissed because of his failure tv attend that hearing. The -disini.ssa•1 was overturned by the Boars: Of. Std �-! vist7rS on pCtObwt �12, i�393 . The hearing .record was held open uIft-tIl November 3.9, 1993 to give t:he claimant: ari opportunity co pr-avi.de additional evidencf . The. claimant is serving a per;od of iru ligibility for a subsequent failure . .JAN - .3 - '94 MON 1 4 47 P 04 FAT The claimant was notified - on July 13, 1993 that he would -be discontinued from General Assistance effective July 31, 1993 ,bec' '4-wee he demons t rat ed: wI.I.Ifiall noncooperati6rL' or noncompliance .. with Workqa Programs reireim6nts without good cause in that h'e &.3lIe'd­to- part icipate in workfare on July 30, 1993 . A three month period of ineligibility wa: a. imposed. He -was further notified on July 20., 1993 that his benefits were be-ing disbontinued for fail,ure to participate in workfare on July S, 159 3 and- Job Club on July.,13 I.993 ., These notice also applied ift thrie month period of ineligibility. Becaus*e the claimant had . failed to comply with requirements in March,.,. .19.9.3 a one m0nth peri"0 of .ii . neligibility had been proposed.: d As this was a second failure, the County proposed a three month . �ena,I.tk effective Augu6t 1,.. 1.593 for the three failures. He was toI.A.'o,n ,6ach notice that ht could re-apply on or After November.'l.'' The claimant is currently i,erving. a six month period of ineligi- bility*- becau' se of subs6lue6t : failures; actions which were not Thei claimant, most recently on May 6, 1993, agreed to cooperate - with Work programs requiromebts. .. FUe- agreed in part that he wo'U' Id Petf 6rm* all work assignments'.and attend job club meetings; to be.-on" timaj,..;to cooperativily.:CQMPI-Ste all assignments and if not able .tri do ;:so for: any -of the erica-:aerated ''good cause keabons, he would'be !Dxpected.-bo provide proof, of the r reason, .Ere : received benefits in 'March, . 1993He served a period of-, ineiligi.bi-li.ty in April ' and -*re-applied in May, 1993 , The 01,aimant received. his; WorkUre as-signment on June 17 for .Workfat6 on June 23, Juni: ;30and July S. He did not appear for the 'vane %23 -assignment. - He provid.ed ..m.edi4:�al verification that he was pot able to attend thalt .clay' beoatise' he had a medical appointment and was . excused from the 'June 23 work date. On June 300' he e pp -ared it th ' worksite but stated that he had a bad leg. This- i#pa te-ported as. a failure.' ke further failed to attend workfare oti: July- 8, ' 1993 and Job Club- on July 13, 1993 . The c.1.4-imant stated that - he sustained an injury in May, 1993 . - He f el 1. ,an injured his back,. left leg, and foot . He went to Merrithe"Ai M-en"OrIal Hospital- Emergency on . May 25, 1993 and was told that he- 0-"improve within two ;or threa-weeks.- He pr6vided verification ge instructiono stated that if. he of this -to bis worker Th . di-schar ' did il6t, improve within :that time, h6 should get a Ilrecheck" in the olinic. The evidente provided' showed that he was seen again in -TAM - . . :i - S4 MON 1 4 48 P 05 :-emergency on 6-23 and was told ..co keep. the appointment that had :been sc:l..eduled for the- f�oll.cwing ..d.ay. The claimant testified that -he. kept the appointment:, -was continued on medication, but that he :kas 9 iven. no additional treatment. He stated that he was told that the 'problem should improve.. :.e'he claimant testified.' that. lie continued to be in pain from 'the -injury :and was unsible-to wall: or stand for, prolonged periods during .,the, period under review. He stares than he. began treatment on .:'Augus4 - 9 - with a Chiropractor (referred by a witness whom he introduced at the hearin'9). who would provide care for him on Credit. lie provided a letter dated- August 17, 1993 stating his cjiagnosis and the treatment Pla.n. .Although the case record--ciocumentation states that the claimant. -was .44ven.a.-G- A 341 Medical. Verifi:leat ori ,of 'llrie:mploya..bility, there is no case copy filed in -the re:cord'.;snci. do indication that the claimant way given the criteria . nor. -es�t:abli.shing eligibility based upon :uneloyabilit.y. The cl.ai.mantI . after having the form described to :him, st:ar�d that 'he hid ho:t. be .•zt "given such a farm. On June 23., he: told worker that -he . had ".:the form" and sent it to her from 14artinez. The claimant 'clarif`i:ed that he was referring to the E,mergeney: Room record wdh-.ich is on file. .:The hecar ing record was held .opan: for. the claimant to have a cur re nt ,��� 397: 00.mp.leted and sub4nitte d.by Nov�embe:r 19, 1993 . leo additional :evidence} i#as submitted. REGA7:VkY: :?�t�T�oI'�Y nepartment Manual Sectioln 49.411: I1 . POLICY A. - General Assistance-applicants and recipients who de•.r;�on- strate . noncooperation or noncompliance with Social Service. Department - progra-m requirements by failing: Go meet any ons. of :the; .r e�numerated responsibilities without good cause:. :of be denied aid or shall be discontin�udd. A period of ineligibi Li,ty may,be imposed on recipients in instances i.n.vol;ving .n ncooperation .tend noncompliance -.in accordance: with guidelines- which follow. 7 . A redipi-PrIt who- fai.ls to cooperate with the Social Service Department by failing to meet any one of his or .her :ezfturherate�d responsibilities without good ll cause,. sha . ..be discontinued . -aid, and eancti.csns . will be imposed a.3 follows : a. first failure; one month b. rva cind Iai.lure :. three months C. third. faiJ:urc: six rtanths 4 . Examples of recipient responsibilities include, butt are noIC. limited 'tea: 3 MON 14 : 4.9 P . 06 -am.ej Assignment Group a appearing for Work Progx or monthly Job Club rbeetings b. submitt.ing a timely and complete job search report, f orra 0. perform:ing. *a monthly workfare assignment d. Cooperat­in;j with GAADDS e. c00Pe_-azii19 with Quality -Control f. SUPPlitting a timely and complete monthly status -rap6rt (CIA-?) g. cooperating with and completing the annual xedeternd;n.ation procces h. providihg*`,eequested inform6tion or Ver*xifica.- tion, including verificatio'a of unemployabil, ity, by tlie due date i . applying for any other resource or behefit, including...: Supplement.aU Security Incomo, And taking all necessary steps to receive such income.. J . accepting - qn offer of employment, and main- tainingeuol6yinant. F., Good Cause I.,. The reasons which establish good cause for a. fail- ure to ciooberate or comply are 'subject to v:rifi-6 cation and include, but are not limited t'* the following: a. employments has been Obtained b. schedule" d .job interview or testing C. mandatory court appearance d. incarce'ration e. illilelts f. death in the family other ' s6b**itial reason.. These must be re- vi owed ari.d. =approved by the Division Manager. As the .evidence does not suppo'.rt the County' s contention that the claitrarit was. provided with. thlo.;CA 341 form prion -to the hearing and the CIA" 'imint, has prdvi.a6d evil"e0ce, that he understood to meet: thii, raqu.jzements of providing. medi-loal verification, . he has not f ailod to. Comply with the C'Ooperat.ibn and compliance requiremexits to establis` h unernployabilit* Y. Even without a.f urther'report..f rom Merrithew Memorial Hospital the evid,(-n6a of :the claimant, a e(k_-xgenc..Iy room treatment and the report fr,om . his treating dhiro6prac tor,'provide' substantial relevant evi- dence to conclude that. the- clai)nant was il.1 during the period- und(.",r . rev.iew.' It is, there f or,6, - concluded that the claimant had good cause for failure- to keep' his : employment. related appointmahts ori June 30;, july s, and July 13 . ' 4 JAN - .3 -94 MON 14 : 50 P - 0T The action to disconntin4e 'General Assistance is, . therefore, not s st a-i.ned. t7a FR Th'e ci.6im is granted. ih�w failure shall bre removed from the log and benefits issued' as otliei rwiise eligible. ;arb�ra 'R. Weidenfeld 77 , Date social services Appeals 'Of f:icer' Tien Adams Program Manager, Appeals Date if you are . dissatisfied :with this Decision, you may appeal the matter directly to the Contra CdsCa Covnty Board of Supervisors. Appeal's must be filed 'in writing withthe Clerk of the Hoard, 65.1 Fine •s-tree-t,' Room .146, CA.'9455-3 within fourteen (14) days• of the. date of the Evidentiary..Hearing Decisa:c7n. No further aid. is paid pendi..Yig' a Board. of supervisors appeal.. f � e� oo- . . /a4. f w j 1 . 0- 'RECEIVED DEC 3010 CLE BOARD OF SUPERVISORS CONTRA COSTA CO. � • ��,,5+=�� ! V rr ' TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: January 25, 1994 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING D E C I S I O N B Y R O Y D A V I S SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND- AND JUSTIFICATION RECOMMENDATION: That the Board deny Roy Davis' appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on October 21, 1993. The Hearing was scheduled for December 13, 1993. Claimant did not appear, and the claim was denied. Signature: /- -�-7 P__ _ ACTION OF BOARD ON January 25 , 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 Roy Davis from the General Assistance Evidentiary Hearing Decision. Jewel Mansapit, GA Program Analyst, presented the staff recommendation. The appellant did not appear. The hearing was closed. IT IS BY THE BOARD ORDERED that the appeal by Roy Davis 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 cc: Social Service Dept. ON THE DATE SHOWN. Program Analyst Appeals Unit ATTESTED January 25 , 1994 County Counsel PHIL BATCHELOR, CLERK OF THE County Administrator BOARD OF SUPERVISORS AND Roy Davis COUNTY ADMINISTRATOR BY A j _0 j 4DeyCer h • 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 Roy Davis 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 ;JA - 3 - 94 MON 1 4 -. 259 P - 01 ?1ea8o reply 10: Social Service Department Contra. 4leaser replyas Perfecto Valarreal ' (: � Mo,4net.CaRmnip M5*4,6s Di.ocwr rr0���. lvL Past-it brand axtrRivemo'7 NatMOO► • 71p From :;.►.,r CO. i PC -- -� Phono R • '�f",r.*:s; ,'° •.mac d ax N .rye ,.,,,,,......�.. r+............-..... EVIDENTIARY RE1 KNO -DECISION: NOTICE •OF DISHISSAL IN THE kATTER OF: County; Number: 22.3252 W4NA Date. of Not-ice: 10/15/93 ROY :DAVIS Dote of Action: 10/31/93 1447-3. -San Pablo Ave. F:3.Sing Date: 10/21/93 Hearin' Date: 12/13/93 San: •Paib:1o.,dA 0480'6 Aid Pad Pending? Y STATEV.9VT OF FACTS An Eviden,•ti�rx• Hearing rocas .scheduled for 12/13/93, Claimant was d4ly .. notif-j0_d,fof:•th6 date, time, .and . dad$ .© Hearing via- letter on 12/01/93. Claitttotit: °fai:led to. appear fort n; Fvid( �t.iary Hearxng; no postpone%dnt• ' was' .requested'. REASONA VOW TH DECISION De O�rtment •Manual Section 2.2-300•, V. :A, 3 states that if a claimant fails p.,, . to appear: .fdr ':.an. Evidentiary, Heax3.rirg' without previously arranging .for a ; postppnfrtic3 i' the claim may be.-dis:ni s d: The originally proposed action ,shall 'tai e: plate immediately upon, dWfi ssal. . . ontn The: plea .m. .is. dismissed e 4 s claim� fai ,ed- to appear for the Evidentlary.' Hear;ii' ; ' ' Th' .benefits 'sha11 be, di.scvnt-inue'd as proposed in the- Notice.-. It, you; .ore' dissatisf ied: with .the order of this Decis�on, you may appeal. the!*atter .Ore.ctly to the Contra� Costa County Board of Supervisors. Appi" .dust. b6 filed.• in writin4. with •the :Clerk of the Board, 651 Pine Street ;;-Martinez, 94553 . You must :s ;bxhit your appeal within 14 days' of the da 6..of.:this decision. AID PAID =•PENDING A DECISION BY THE BOARD OF.::. of St;p-Ef I' 16AS -IS NOT AVAILABLE.. Date: 12/15/93 Carol :Aj1j�nr Appeals officer soci..6I bervice 'Appeals Unit ; CA/nf' . ' To Ask For a State Hearing ' HOW TO ASK FOH-04 STATE HEARING The best way to ask for a hearing is to fill out this page and send or take The right side of this sheet tells how. it to: • You ofily,have 90 days to ask for a hearing. Office of Appeals Coordinator • The 60 days started the day after we mailed this notice. 40 Douglas Drive • 'You have a much shorter time to ask for a hearing if you want to keep Martinez,CA 94553.4068 your same benefits. You may also call 1-800-952-5253. To Keep Your Same Benefits While You Wait For a Hearing HEARING REQUEST You.must ask for a hearing before the action takes place. • Your Cash Aid will-stay the same until your hearing. + I want a hearing b ause of 7n action by the Welfare Department • Your Medi-Cal will stay the same until your hearing. °f •� r County about my: • Your Food Stamps will stay the same until the hearing or the end of Cash Aid Food Stamps ❑ Medi-Cal your certification period,whichever is earlier. • If the hearing decision says we are right,you will owe us for any extra ❑ Other(list) , cash aid or food stamps you got. Here's why: ni / f� 'j? o- cs To Have Your Benefits Cut Now If you want your Cash Aid or Food Stamps cut while you wait for a -- �,• ' -�• ` 'y ! hearing,check one or both boxes. T (. (• O Cash Aid O Food Stamps ► �. To Get 'Help'' G `.+.' 1;7ejL` f-40-0�VI►' You canask about your hearing rights or free legal aid at the state information number. ... . . . Call toll free: 1-800-952-5253, If,you are deaf and use TDD call: 1-800-952-8349 If you don't want to come to the hearing alone,.you can bring a'rriend, �• • an attorney or anyone else.You must get the other person yourself. You may,get free legal help at your local legal aid office or welfare • ' rights group. Legal Services Foundation + e� 9toe9 I wi brig is perso to the hearing p me Contra Costa Le Central East West (name and addre$s,if known): Call 972=8209 Call 439-9166 Call 233-9954 Other Information Child Support: The District Attorney's office will help you collect child support even if you are not.on cash aid.There is no cost for this help. If they now collect child support for you+they will keep doing so unless you tell them in writing to stop.They will send you any current support I need an interpreter at no cost money collected.They will keep past due money collected that is owed to me.My language or dialect is: to the county. My name: Family Planning: Your welfare office will give you information when you ask. Address: Hearing File: If you ask for a hearing,the State Hearing Office will set up a file. You have the right to see this file.The State may give your file to the Welfare Department, the U.S. Department of Health and Phone: Human Services and the U.S.Department of Agriculture.(W.& I.Code Section 10950) My signature + Date: •�;, NA B:X/87)/87) DEL.4/93 _ } COUNTY OF STATE OF CALIFORNIA NO;�"�tis� OF ACTION } HEALTH AND WELFARE AGENCY CONTRA COSTA DEPARTMENT OF SOCIAL SERVICES NOW Der 112-17-93 W4NA � R N.e. 09-0223252-00-0 ROY rwo�. NoAe i8 PARSONS ` :W4NA Tarpons :374-3941 Aaeo. :3431 MACDONALD AVENUE RICHMOND CA 94805 Questions?Ask your Worker. ss secesi6s une bredueei6s de 6seo, Ilan* a ou erobsisder(a) ODMSSEE7 rin 6n6/106 1160 1Ve Vdi Tb6'a SIM Vila e62.inn 06 eta bin d;eb RQY L DAVIS r 14473 SAN PABLO AVE State Hearing: ff you think this action is wrong,you SAN PABLOv CA 94806 can ask for a hearing.The back of this page tells how. Your benefits may not be changed if you ask for a hearing before this action takes place. (2 OU FOOD STAMPS BENEFITS ARE CHANGED TO $112.00 BECAUSE — (1) YOUR 'MONTHLY INCOME WENT 'DOMN9- OR ( THE NUMBER OF PEOPLE IN YOUR HOUSEHOLD WENT UP9 OR YOUR HOUSEHOLDS EXPENSES CHANGED- OR (4) A COMBINATION OF REASONS (1)9(2) AND (3). YOUR FOOD STAMP COMPUTATION HILL SHOW YOU THE INCOME WE 'USEDq HOW MANY PEOPLE IN YOUR HOUSEHOLD WE COUNTED$ AND THE EXPENSES ME ALLOWEDe YOUR FOOD STAMP BENEFITS HAVE BEEN COMPUTED AS FOLLOWS= 1 FOOD STAMP BUDGET SUMMARY FOR 01/94 TOTAL GRESS EARNINGS 000 THRIFTY FOOD PLAN 112.00 HH TYPE/DUMBER OF PERSONS K OZ MONTHLY FOODSTAMP ALLOTMENT 112.00 ' �� MAX ALLOWABLE GROSS INCOME . 756.00 AOJUSTEC GROSS EARNED INCOME 000 ADJUSTED INCOME .00 NET 'MONTHLY INCOME .00 THIS ACTION IS REQUIRED BY-THE FOLLOWING LAWS AND/OR REGULATIONS FOOL STAMP MANUAL SECTION 63-503 'ELIGIBILITY AND BENEFIT LEVELS 637504e3v 63-504e4 dna . �in6 6o uc n.d6w�r Ce6 -UTC. __.__ . _ __._..._..__:.:.=.....:_.....__....:: - ... _ •mac 690-0 Phi The Board of Supervisors Contra lark Batchelor Clerk of the Board and County Administration BuildingCosta �� t 1 County Administrator 651 Pine St, Room 106 d (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith,2nd District Gayle Bishop.3rd District Sunne Wright McPeak 4th District •, �,, Tom Tortakson,5th District ' January 4, 1994 Roy Davis 14473 San Pablo Avenue 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, 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 Admitr r By 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 ssssssssssssssssssasasssssssosasssaasssasssssssssse== r SUBJECT: 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: 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 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 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 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 mall 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 daimanfs favor by a pre-hearing 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 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 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, 4 (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 hearing record is closed,unless the Department extends the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- hearing for cause. Pan 2 Appeals to the Board 201. 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%ithin 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) 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 fiends in favor of the claimant,the Clerk of the Board will be notified to withdraw the item from the Board agenda The appropriate Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department must file all written materials at kart ane week before the date act for the Board hearing.New material must be served by mail an the opposing party. 205. (a) Upon hearing the appeal,the Board shat]make any required fact determinations based on the record on appeal and testimony received by the Board.This record shall include the Department's Heating Officer's fact findings,plus any papers filed with that Officer. (b) U the facts upon which the appeal is based am not in dispute or if any disputed faces are not relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the acct step without considering feet questions.The patties may stipulate to an agreed set of facts. REsownON 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. The Board may decide an appeal immediately after bearing or take the appeal under Ksubmissiom Mnpy aroh Ort*M 1118 VA W"WOO eeplr of gnd�� - MO n 90 HWWW d " Owd z A1TadM`WOMwo RESOLU170N NUMBER 92/04 TAF-t.,* ,.3 - 94 M 0 N 1 4 - 39 P _ 0 1 Social Service Department Contra. fliewse.reply to; 11 40 Douglas 01-1ve Perfecto-�r haveai r'� I'r cr• Director . �r�IVVf �'7 ti4atinax.C:�i.l.,rnira�4.,�3-��,8 / . POS:-It'"brrt�rd 131X t'r�3r�5�111i �J1.' n r0 76 +v oljagax r r. From N ` Pt. Mono N r. (�ti, .:�• {r'a;i� .� _... raxn -� EVIDENTIARY HEARING DOCISION: NOTICE OF DISMISSAL IN THE WITTER OF: County. Number: 27..3252 W4NA Date, of Notice., 10/1.5/93 WT DAMS Dote of Action: 10/31/93 .14473 .a•an Pablo Ave. nailing Date: 10/2.1/93 -Heaiinv Date; 12/13/93 San Pab'lo, CA 94806 Aid' paid Pending? Y STATEkEW OF FACTS An Evideritfa•ry.°,Ilea ring .wa:s scheduled for 1.2/1.3/93. Claimant was duly . noti•f4io-a'.of.:the date, time, and- :-Oboe• of HPar.ing via" letter on 12/01/,93 Cla.i . 4 -t failed_ to appear f 'r' ttAe EViderxtr.iary Hearing; no postponement was requ'ested'. REASONS FOR' THS DECISION Depart a)Apnt Manual 'Section 22.-300,r V, :At 3 states that if a claimant fails to appear:' for. .-an Evidentiary. Hea'rinq: without previously arranging .for a post ► r ri ntr the claim• play be d:lsm�swedi ' The origihally proposed action shall, -take: place immediately upon:. dismissal. ORDER .The: c1a .m .is. dismissed es clainarpt -failed- to appear. for the Evidentiary.: Hear:ing. • The -bdnefits shall be' di.scont.inued as proposed in the Notice. if- you are dissatisfied', with the order; of this Decision, you may appeal' the" -m?itt•er .directly to the Contra; Costa County Board of supervisors".- . P;ppea3.s' .must. be fi:led: in writing' . �ili6 the.-Clerk of the Board, 651 Pane Street, ;'M*�i�tiptz, 94553 . You .must iub7i►it your appeal within 14 days of th•e Mito . of. this decision. AID PA-1D:-PkNDI:NG A DECV: ION BY T11E BOARD OF.:: OF StP-F tV 1 SQRS :I S NO'r AVAILABLE. Date: 12/15/93 Carol Al-1.4n, ' Appea-ls officer Social 8-e rvi ce :Appeals Unit CA/nf f. To Ask For a State Hearing HOW TO ASK FO � � ��� I�l�1�0�8� w The best way to ask for a hearing is to fill out this page and send or take The right sire of this sheet tells how. it to: 6 You only have 90 days to ask for a hearing. Office of Appeals Coordinator O -The 90 days started the day after we mailed this notice. 40 Douglas Drive d You have a much shorter time to ask for a hearing if you want to keep Martinez,CA 94553.406$ your same benefits. You may also call 1-800-952-5253. To Keep Your Same Benefits'While You Wait For a Hearin;g ; HEARING REQUEST You must ask for a hearing bef4s the action takes place. 1 want a hearing because of an action by the-Welfare Department O Your Cash,Aid will-stay the same until your heering. q ;. ` �x j of ���i'� t� d��'4Z- County about my: o Your Medi-Cal will stay the some until your hearing. �—y O Your Food Stamps will stay the same until the hearing or the end of Cash Aid Food Stamps ❑ Medi-Cal your certification period,whichever is earlier. ❑ Other(list) Q If the hearing decision says we are right,you will owe us for any extra , O, cash aid or food stamps you got. Here's vvhy To Have Your Benefits Cut Now [ e -.,-Ip Glll7'6/ Q 1^G If you went your Cash Aid or Food Stamps cut while you wait fora hearing,check one or both boxes. C]Cash Aid, C!Food Stamps <� J �V' f ,a 6,'l, 1:70t !Xt?P4eCCV- tit. ... . �. . .. . Youi can'ask about your hearing rights or free legal aid at the state inhirination number. - - Call toll free: 1-800-952-5253 - -, lkyou are deaf and use TDD call: 1-800-952-8349 fi you don't want to come to-the heating alone,.you can brig alhar d, �+ an a(tomey or anyone else.You must get the other person yoursdlf. t C3i You may,get free legal help at your local legal aid office or welfare rights group. 1 71 Contra•Costa Legal Services Foundation t is oo hehearing to help"Me a Central East West (name and address,if known}: d �f, ✓l /'4)n i-7F"— Ca11372=809 Cali 439-9188 ` ' Cali 233-9954 . ... — �^�` l•• Other Information Child Support: The District Attorney's office will help you collect child support even if you are'not on cash aid.There is no cost for this help. If they now collect child support for you;they will keep doing so unless you tell them in writing to stop.They will send you any current support I need an interpreter at no cost money collected.They will keep past die money collected that is owed to me.My language or dialect is: to the county. ' My name: Family Planning: Your welfare office will give you information when you ask. Address: Hearing File: If you ask for a hearing,the State Hearing Office will set up a file.You have the right to see this file.The State may give your file to the Welfare Department, the U.S. Department of Health and, Phone: iuman Services and the U.S.Department of Agriculture.(W.&L Code Section 10950) My signature Date: NA HACK 6(5M7) _ DEL.4193 COUNTY OF' STATE OF CALIFORNIA ICL OF ACTION HEALTH AND WELFARE AGENCY O V � 1 /•l CONTRA COSTA DEPARTMENT OFSOCIAL SERVICE' ►Wic.Dete :12-17-93 W4NA`. Case R Nam 'DAVIS ROY mmvm :09-0223252-00-0 Warter Norm �B PARSONS "ung 1i4N A Tone :374=3941 Amoss 3431 MACDONALD AVENUE RICHMOND CA . 94805 Questions?Ask your Worker. 31 noeosit• uno trodueel6n do dsto, 11sso s su trsbsisdor(s) (ADDRESSEE) lin ling/bi liin los r01 ThA 840h V1M ads Binh du cin bin d;ch P.CY144 L DA NI S State Hearing: If you think this action is wrong, you 1�i473 SAN PABLO AVE � 9� Y 9 SAN P ABL O v CA 94 806 can ask for a hearing.The back of this page tells how. Your benefits may not be changed if you ask for a hearing before this action takes place. YOU FOOD STAMPS BENEFITS ARE -CHANGED TO $112.00 BECAUSE (12- YOUR •MONTHLY ..INCClME- WENT '.113041NI'4= OR ( THE NUMBER OF PEOPLE IN YOM HOUSEHOLD WENT UP9 OR YOUR' HOUSEHOLD'S EXPENSES CHANGE09 OR ` (4) A COMBINATION OF REASONS (MP(2) AND (3)e YOUR FOOD STAMP COMPUTATION WILL SHOW- YOU THE INCOME WE USE-Dv HOW MANY PEOPLE IN YOUR HOUSEHOLD WE COUNTED9 AND THE EXPENSES WE' ALLOWEDe YOUR FOOD STAMP BENEFITS HAVE BEEN COMPUTED AS FOLLOWS= FOOD. STAMP BUDGET SUMMARY FOR 01/94 TOTAL GROSS EARNINGS .00 THRIFTY FOOD PLAN 112000 HH TYPE/NUMBER OF PERSONS IK 01 MONTHLY FOODSTAMP ALLOTMENT 112.00 MAX' ALLOWABLE GROSS "INCOME- . 756.00 y ADJUSTED GROSS EARNED INCOME- .00 ADJUSTED INCOME .00 NET `MONINLY INCOME .00 THIS ACTION IS REQUIRED BY'THE FOLLOWING LAWS AND/OR REGULATIONS FOOL STAMP MANUAL SECTION 63-503 -ELIGIBILITY AND BENEFIT LEVELS 63-5040' 3s 63-504.4 DFA 377.4 INCREASE IN BENEFITS —. INCOME- OR HOUSE Y - 590-0 NA 990N(5/87) j TherBoard of Supervisors Contra Phil Batchelor Clerk of the Board and Cotanty Administration BuildingCQSta ,t+d County Administrator 651 Pine St., Room 106 (510)US-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith.2nd District Gayle Bishop,3rd District r'f .. Surma Wright McPesk 4th District •r Tom Torlakson.5th District ..s January 4, 1994 Roy Davis 14473 San Pablo Avenue 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, 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 10'6, 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 , tr r By n Cervelli, Deputy Clerk Enclosure CC : Board Members... . Social Service- Department.. AtM: Appeals . and. Complaints.,, ;: r 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, Weak NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: 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: 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 sball 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 thirty days of the date of receipt of a request for a bearing. The Appeals Unit will mail a written notice of the bearing to the claimant at least ten days in advance of the Hearing date. 106. Wben a request for a bearing has been received,the claim may be reviewed and resolved in the claimant's favor by a pre bearing review. (a) Proposed pre bearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. H 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 autborized 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 MWRER 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 maned 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- hearing for.cause. Part 2 Appeals to the Board 201. The applicant or recipient may appeal an adverse hearing decision to the Board of Supervisors. 202. A written appeal must be received by the C3erk of the Board of Supervisors v►ithin 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 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,Admit:istrative 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 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 aD written materials at low one week before the dm set for the Board hearing.New material must be served by mail on the opposing party. 205. (a) Upon hearing the appeal,the Dowd"make any required fact determination;based on the record on appeal and testimony received by the Board This record shaD include the Department's Hearing Officer's fact findings,plus any papers filed 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.The parties may stipulate to an agreed set of facts. RESOLLMOh 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 Officces decision and such other papers as may be f led. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. U the issues are suscepulble of immediate resolution,the board may immediately decide them at the appeal hearing. 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 sueb advice. 207. The Board may decide an appeal Immediately after bearing or take the appeal under «omission. i Mr.er eaat�r W 'on We Ben et of 9 �►�en and OftVa dM an Mr of 1Rs DOW AT1�tPHIL w,�r+dCam moAdMMWOW RMLXMON NUMBER g2/554,— H.4 j TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: January 25, 1994 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING D E C I S I O N B Y R O Y D A V I S SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Roy Davis' appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on October 21, 1993.The Hearing was scheduled for December 13, 1993. Claimant did not appear, and the claim was denied. Signature: _ ACTION OF BOARD ON January 25, 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 Roy Davis from the General Assistance Evidentiary Hearing Decision. Jewel Mansapit, GA Program Analyst, presented the staff recommendation. The appellant did not appear. The hearing was closed. IT IS BY THE BOARD ORDERED that the appeal by Roy Davis 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 cc: Social Service Dept. ON THE DATE SHOWN. Program Analyst Appeals Unit ATTESTED January 25 , 1994 County Counsel PHIL BATCHELOR, CLERK OF THE County Administrator BOARD OF SUPERVISORS AND Roy Davis COUNTY ADMINISTRATOR BY 4DeyCer .b H.4 TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: January 25, 1994 SUBJECT.-, APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY WALTER S A R N E C K I SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Walter Sarnecki's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on September 27, 1993. The Hearing was scheduled for November 3, 1993. The cliw*m was denied. Signature: 114`7 w� &11 ACTION OF BOARD ON January 25 , 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 Walter Sarnecki from the General Assistance Evidentiary Hearing Decision. Jewel Mansapit, GA Program Analyst, Social Service Department, presented the staff recommendation. The appellant did not appear. IT IS BY THE BOARD ORDERED that the appeal by Walter Sarnecki 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 cc: Social Service Department ON THE DATE SHOWN. Appeals Unit ATTESTED January 25, 1994 Program. Analyst PHIL BATCHELOR, CLERK OF THE County Counsel County Administrator BOARD OF SUPERVISORS AND Walter Sarnecki COUNTY ADMINISTRATOR BY 46PepLuty C41er —) -- y CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: January 6, 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 Walter Sarnecki 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 I - •r , q So.cd Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Martinez,California 94553-40M Director Costa County Evidentiary Hearing Decision IN THE MATTER OF: Walter Sarnecki County #07-92-476883 30 Muir Rd Date of County Notice: 9-8-93 and 9-17-93 Martinez CA 94553 Effective Date of Action: 9-31-93 Filing Date: 9-27-93 Hearing Date: 11-3-93 Aid Paid Pending: Yes Appeals officer : Barbara R. Weidenfeld Work Programs Representative: Carl Dudley Place of Hearing: Martinez ISSUE Whether the Appeals Officer has juridictio'n to hear the claimant' s appeal when the request for hearing was filed outside of the fourteen day filing period. Whether the county correctly proposed discontinuance of the claimant' s General Assistance because he failed, without good cause, to meet the employment requirements of the program. Whether the claimant' s failure was willful, so as to require a one month period of ineligibility. SUMMARY OF FACTS Jurisdiction The claimant was notified in writing on September 8, 1993 that his General Assistance benefits would be discontinued effective September 30, 1993 because he failed without good cause to keep a Job Club meeting on August 25, 1993 . He did not request a hearing until September 27, 1993, 19 days following the date on the notice. To have filed timely, the claimant would have filed by the 14th day following the notice, by i ' iF EVIDENTIARY HEARING DECISION Walter Sarnecki, Claimant Page 2 September 22 . In his hearing request and at the hearing, the claimant stated that he had not received the notices of actions because he had moved from Saxon Street after having a fight with the other tenant. The claimant testified that he talked with his worker during the time in question and asked if there had been any notices sent. He stated that she told him that there were not. He did not get the notices in the mail. He learned of the notices from his worker and immediately filed his request for hearing. The County Representative stated that the claimant did not meet his responsibility to promptly inform the County when he moved or became homeless. The record shows that he did not report the address change until his CA 7 for September which was received October 8, but there is no mention of earlier contact. August 25 Job Club Appointment: It is undisputed that the claimant was scheduled for a job club meeting on August 25, 1993 . The claimant stated that he had a blowout on the way to the job club on Highway 4 coming down the hill headed toward Pittsburg. He tried to pull off the West Pittsburg exit, then the rear tire blew and the car slammed into the exit pillar. He abandoned the car and took a bus home. Later, he was able to get a friend to take him to find tires and returned to fix -the car. He presented a receipt for the tires that he purchased that day. Failure to meet GAADDS program requirements: The Social Service Department was notified by the GAADDS program that he failed to appear for his September 14 group appointment. He also failed to attend self help meetings during the weeks of August 31 (2) , September 7 (2) , and September 14 (2) . The County representative presented evidence from the GAADDS program that the claimant' s failures had been reviewed by them under their internal appeal process. The report stated that the claimant had been given extra latitiude for failure to attend meetings. He had failed to comply with self help meeting since 7- 21. He was admitted to the 8-17 meeting after arriving late. He requested that his failure to attend a September 7 meeting be reviewed and good cause be granted through the GAADDS program. In his request for GAADDS review, he stated that he had thought that Tuesday was Monday because of the long weekend and his focus on I EVIDENTIARY HEARING DECISION Walter' Sarnecki, Claimant Page 3 his school schedules. The GAADDS program director denied this appeal because the claimant had been given considerable latitute in the past but was found to have missed this meeting without good cause, simply because he was not giving the GAADDS program requirements priority. The claimant asserted that he is having tests at school once or twice a week, that he is at school six and a half hours a day and that he does not get home until after twelve. He has to leave in the afternoons at roughly 2 :30 P.M. to get there on time and he has homework to do. He stated that cannot sit at GAADDS meetings, when the consequences of not doing his school work will result in failing tests and having to pay additional funds when he has failed a class. REGULATORY AUTHORITY Board of Supervisors Resolution Number 92/554 adopted August 4, 1992 Section 103 provides that a General Assistance applicant or recipient ' shal receive a Social Service Department hearing upon their timely written request. The applicant or recipient must deliver or mail a written request for 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 hearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. Department Manual Section 49-111 : F. Good Cause 1. 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. employment has been obtained b. scheduled job interview or testing C. mandatory court appearance d. incarceration e. illness f. death in the family g. Other substantial reason. These must be reviewed and approved by the Division Manager. G. Willfulness 1. Each case where willfulness is an issue, will turn on its own facts. A determination must be made based on the evidence. EVIDENTIARY HEARING DECISION Walter Sarnecki, Claimant Page 4 . a. Evidence can be direct, or it may be inferred from an applicant's or recipient's acts. 2 . 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. 3 . 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. 4 . Conduct which involves negligence, inadvertence, physical disability or lesser mental disability may or may not be willful. CONCLUSIONS Jurisdiction: It is found that the claimant did not receive the notices mailed on September. 8 and September 17. Although he did not report in writing that he had lost his housing until submission of his CA 7, it found that he did communicated with his worker that he was homeless prior to submission of the form. It is further found that the claimant acted promptly to request a hearing within the 14 day appeal period following notification by his eligibility worker that his benefits would be discontinued. Therefore the Appeals Officer has jurisdiction to hear the appeal. August 25 Job club appointment: Although the County regulation states that transportation problems are not considered good cause reasons for failing to comply with GA requirements, this regulation exists to preclude persons who do not have vehicles or adequate finances to secure transportation from using this as an excuse for not complying with work programs requirements. It does not pertain when a sudden and unexpected failure of the claimant's routine method of transport fails in the course of attempting, in good faith, to meet these requirements. The claimant provided evidence that he had a vehicular failure on the way to his appointment. As the claimant established good cause for the failure, the claimant did maintain eligibility. The action to discontinue General Assistance due to the August 25 job club failure is, therefore, not sustained. i EVIDENTIARY HEARING DECISION Walter Sarnecki,- Claimant Page 5 Failure to meet GAADDS program requirements: The claimant' s testimony that his school obligations take precedence over the •GAADDS 'program requirements support GAADDS staff determination that the claimant is not complying with the program requirements. The claimant has, therefore, failed to meet General Assistance program requirements by failing to -comply with GAADDS. -It is undisputed that the claimant understands the requirements of the program, knew of the appointment date and time, and that he made an intentional decision to miss the meeting and not attend the twelve step meetings. As the failure was found to be willful, the period of eligibility shall be imposed. ` ORDER The claim is denied. f� Barbara R. Weidenfeld - Date Social Services Appeals Officer KeA Adams Program Manager, Appeals 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, Room 106, Martinez, CA 94553 within fourteen (14) days of the'Mda�tV.; z ?& h entiary Hearing Decision. No further al p nding a Board of Supervisors appeal. W � yrs COO a ,��' LA) warK, ,,, AA oof W, eirA)40 D5 re �o ,�e �© orofqhs t A ipAl - V 1 0 op" 4AJ -f LA 4, rv? �6 .� C-f lfv y ,ce IV lo tL � � 4 , 0 60 ret r C.7 :: �f ID jAk, p 6-1 P 'Joy LAS L,(� 1 L�. 1 The Board of SupervisorsPh#BalldwaW Contra Clerk of the Board county Administration Building and 651 Pine St, Room 106 Costa County and (610)646-2371 Martinez, California 94553 County Tom Powers,tat District 0.4 el Jeff Stalft 2nd District Gayle Bishop.3rd District Surma Wright Mcftak 4th District Tom Torlskson,5th District January 6, 1994 Walter Sarnecki 30 Muir Road Martinez, CA 94553 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4 .006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107, County Administration Building, 651 Pine Street, Martinez, California at 2:00 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 is;tptor BY ' 1'fi, Deputy Clerk 'C' 1' j n erve 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 sssssssassssssss:ssssssssssssssssssssssess=ssssssss== SUBJECT: General Assistance Hearing } Resolution Number 92/SS4 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 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 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 wzitten 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-hearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. H 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 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, 7MV-00%TT 40%%V UVWA N,}+w M&r• i (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 aunds 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. Pan 2 Appeals to the Board 202. The applicant or recipient,may appeal an adverse bearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors within fourteen days after the decision has been mailed to the claimant.Absent evidence showing the contrary, a 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 first available Board meeting,but no earlier than the third meeting following tempt 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 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 perk of the Board will be notified to withdraw the item from the Board agenda.The appropriate Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department must file all written materials at least one week before the date set for the Board hearing.Now material must be saved by mail on the opposing party. 205. (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.This record shalt include the Departments 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. RESOLZP!'iON NUMBER 92/!54 .1 • 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. 'es ma make le eats both written brief and orad before the Board. @} If the ii'sssuues we 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. 287. The Board may decide an appeal immediately after bearing or take the appeal under .:submission. t t1M�orr"vim*b to a 1M Na0 eonret aaPY d m ► on tiW�ke+ WO . ** '"" a ms Dowd of z A�1EsPHIL �o�a WO Dow GVWAWSb RESOLt nON NUMBER 92/x_ Social Service Department Contra Please reply to: 40 s Drive Perfecto Villarreal Martinez,CCalifornia 94553-4068 Director Costa County 14.4 � .n.. i< Evidentiary Hearing Decision IN THE MATTER OF: Walter Sarnecki County #07-92-476883 30 Muir Rd Date of County Notice: 9-8-93 and 9-17-93 Martinez CA 94553 Effective Date of Action: 9-31-93 Filing Date: 9-27-93 Hearing Date: 11-3-93 Aid Paid Pending: Yes Appeals officer : Barbara R. Weidenfeld Work Programs Representative: Carl Dudley Place of Hearing: Martinez ISSUE Whether the Appeals Officer has juridiction to hear the claimant's appeal wYieri. the request for hearing was filed outside of the fourteen day"f iling period. Whether the county correctly proposed discontinuance of the claimant' s General Assistance because he failed, without good cause, to meet the employment requirements of the program. Whether the claimant' s failure was willful, so as to require a one month period of ineligibility. SITL& AR-Y- OF FACTS Jurisdiction The claimant was notified in writing on September 8, 1993 that his General Assistance benefits would be discontinued effective September 30, 1993 because he failed without good cause to keep a Job Club meeting on August 25, 1993 . He did not request a hearing until September 27, 1993, 19 days following ..the . date on the notice. To have filed timely, the claimant would have filed by the 14th day following the notice, by EVIDENTIARY HEARING DECISION Walter Sarnecki, Claimant Page 2 September 22 . In his hearing request and at the hearing, the claimant stated that he had not received the notices of actions because he had moved from Saxon Street after having a fight with the other tenant. The claimant testified that he talked with his worker during the time in question and asked if there had been any notices sent . He stated that she told him that there were not . He did not get the notices in the mail . He learned of the notices from his worker and immediately filed his request for hearing. The County Representative stated that the claimant. did not meet his responsibility to promptly inform the County when he moved or became homeless. The record shows that he did not report the address change until his CA 7 for September which was received October 8, but there is no mention of earlier contact . August 25 Job Club Appointment: It is undisputed that the claimant was scheduled for a job club meeting on August 25, 1993 . The claimant stated that he had a blowout on the way to the job club on Highway 4 coming down the hill headed toward Pittsburg. He tried to pull off the West Pittsburg exit, then the rear tire blew and the car slammed into the exit pillar. He abandoned the car and took a bus home. Later, he was able to get a friend to take him to find tires and returned to fix the car. He presented a receipt for the tires that he purchased that day. Failure to meet GAADDS program requirements: The Social Service Department was notified by the GAADDS program that he failed to appear for his September 14 group appointment . He also failed to attend self help meetings during the weeks of August 31 (2) , September 7 (2) , and September 14 (2) . The County representative presented evidence from the GAADDS program that the claimant' s failures had been reviewed by them under their internal appeal process. The report stated that the claimant had been given extra latitiude for failure to attend meetings. He had failed to comply with self help meeting since 7- 21 . He was admitted to the 8-17 meeting after arriving late. He requested that his failure to attend a September 7 meeting be reviewed and good cause be granted through the GAADDS program. In his request for GAADDS review, he stated that he had thought that Tuesday was Monday because of the long weekend and his focus on EVIDENTIARY HEARING DECISION Walter Sarnecki, Claimant Page 3 his school schedules. The GAADDS program director denied this appeal because the claimant had been given considerable latitute in the past but was found to have missed this meeting without good cause, simply because he was not giving the GAADDS program requirements priority. The claimant asserted that he is having tests at school once or twice a week, that he is at school six and a half hours a day and that he does not get home until after twelve. He has to leave in the afternoons at roughly 2 :30 P.M. to get there on time and he has homework to do. He stated that cannot sit at GAADDS meetings, when the consequences of not doing his school work will result in failing tests and having to pay additional funds when he has failed a class . REGULATORY AUTHORITY Board of Supervisors Resolution Number 92/554 adopted August 4, 1992 Section 103 provides that a General Assistance applicant or recipient shal receive a Social Service Department hearing upon their timely written request . The applicant or recipient must deliver or mail a written request for 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 hearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. Department Manual Section 49-111 : F. Good Cause 1 . 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. employment has been obtained b. scheduled job interview or testing C. mandatory court appearance d. incarceration e. illness f. death in the family g. Other substantial reason. These must be reviewed and approved by the Division Manager. G. Willfulness 1 . Each case where willfulness is an issue, will turn on its own facts. A determination must be made based on the evidence. EVIDENTIARY HEARING DECISION Walter Sarnecki, Claimant Page 4 a. Evidence can be direct, or it may be inferred from an applicant' s or recipient' s acts . 2 . 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. 3 . 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. 4 . Conduct which involves negligence, inadvertence, physical disability or lesser mental disability may or may not be willful. CONCLUSIONS Jurisdiction: It is found that the claimant did not receive the notices mailed on September 8 and September 17. Although he did not report in writing that he had lost his housing until submission of his CA 7, it found that he did communicated with his worker that he was homeless prior to submission of the form. It is further found that the claimant acted promptly to request a hearing within the 14 day appeal period following notification by his eligibility worker that his benefits would be discontinued. Therefore the Appeals Officer has jurisdiction to hear the appeal . August 25 Job club appointment: Although the County regulation states that transportation problems are not considered good cause reasons for failing to comply with GA requirements, this regulation exists to preclude persons who do not have vehicles or adequate finances to secure transportation from using this as an excuse for not complying with work programs requirements. It does not pertain when a sudden and unexpected failure of the claimant' s routine method of transport fails in the course of attempting, in good faith, to meet these requirements. The claimant provided evidence that he had a vehicular failure on the way to his appointment . As the claimant established good cause for the failure, the claimant did maintain eligibility. The action to discontinue General Assistance due to the August 25 job club failure is, therefore, not sustained. EVIDENTIARY HEARING DECISION Walter Sarnecki,: Claimant Page 5 Failure to meet GAADDS program requirements: The claimant' s testimony that his school obligations take precedence over the ;GAADDS .program requirements support GAADDS staff determination that the claimant is not complying with the program requirements. The claimant has, therefore, failed to meet General -Assistance program requirements....by failing to -comply with GAADDS. It is undisputed that the claimant understands the requirements of the program, knew of the appointment date and time, and that he made an intentional -decision to miss the meeting and not attend the twelve step meetings. As the failure was found to be willful, the period of eligibility shall be imposed. ORDER The claim is denied. Barbara R. Weidenfeld Date Social Services Appeals Officer ez KeA Adams Program Manager, Appeals 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, Room 106, Martinez, CA 94553 within fourteen (14) days. of the"d"a't — entiary Hearing Decision. 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