HomeMy WebLinkAboutMINUTES - 04121988 - S.6 TO BOARD OF SUPERVI(S6,RS
Ckntra
Supervisor Sunne Wright McPeak
Costa
DATE'. April 6, 1988 Gritty
SUBJECT: Law Enforcement Costs to Protect
Larry Singleton
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Authorize County Administrator to request reconsideration by
the State Board of Control regarding the payment of County
claims to recover costs associated with the Larry Singleton
case.
2 . Authorize County Counsel to take necessary steps to file
suit against the State of California to recover costs
associated with the Singleton case in the event that the
County is unsuccessful in its efforts to receive
reconsideration by the State Board of Control.
BACKGROUND:
On August 26, 1987, on orders of the Board' of Supervisors, the
County Administrator filed a claim with the State Board of
Control requesting reimbursement for some $31,237 .90 in expenses
the County had incurred in protecting Larry Singleton during his
brief stay in this County in the spring of 1987 .
On January 19, 1988, the County Administrator' s staff followed up
to find out what had happened to our claim. Staff was informed
that the claim was still being reviewed and no date had been set
for a hearing. The County Administrator' s Office requested that
the County be advised when the claim was set for hearing.
On March 14, 1988, my staff asked the County Administrator' s
Office to follow up and find out the status of our claim against
the State. The response we received was that the hearing was
held on February 17 and the County' s claim was rejected. No one
from the County was notified of the hearing and, thus, no
opportunity was provided by the Board of Control for the County
to be represented at the hearing, even though we had specifically
asked to be notified.
Sometime after March 10 we received a one-line computer-generated
and unsigned form letter from the State Board of Control which is
quoted here in its entirety:
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
XAPPROVE X OTHER
SIGNATUREISI:
�2_rll X
ACTION OF BOARD ON 79 8 APPROVED AS RECOYTMENDED OTHER
VOTE OF SUPERVISORS
X 1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES' --- NOES*. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
GC' County Administrator ATTESTED April 12 , 1988
County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF
Sheriff-Coroner SUPERVISORS AND COUNTY ADMINISTRATOR
By
DEPUTY
.M382/7-83
Page 2
"The State Board of Control, ' at its meeting of
February 17, 1988, rejected this claim. "
A warning notice is included at the bottom of the letter advising
the County that it has six months from the date of the letter to
file a court action on the claim.
I am personally outraged at this treatment of the County by the
State Board of Control. We specifically asked to be notified of
the date and time of the hearing. We were ignored. our claim
was rejected with absolutely no explanation, nor were we given
the opportunity to appear at the hearing. simple courtesy would
require that we be given a chance to present our case.
It appears appropriate to ask the State Board of Control to
reconsider the claims associated with the cost of protecting
Larry Singleton for the time that he was in Contra Costa County
and to ask the Board of Control to allow a representative from
the Board of Supervisors to be present to justify why these
claims should be paid. If the County is unsuccessful in this
pursuit, we are left by this travesty of bureaucracy with no
choice but to go to the time and expense of suing the State of
California.
State law ought to require, if it doesn' t already, that any
claimant be provided a written explanation for the basis of the
Board of Control' s decision. we are required by the State to
advise every welfare recipient of every action taken in his or
her case and that they have a right to a hearing. we must advise
any welfare recipient of the date and time of the hearing and of
their right to be heard. Why doe's the State Board of Control
accord this Board of Supervisors fewer rights and less courtesy
than we must show to any welfare recipient whose grant is reduced
or whose application is denied?
I find this whole process disgraceful and unacceptable and hope
my colleagues on the Board will join me in supporting a demand
that we be accorded our rights as we accorded Mr. Singleton his
rights.