HomeMy WebLinkAboutMINUTES - 05241988 - T.1 T. 1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 24 , 1988 by the following vote:
AYES: Supervisors Powers, Fanden, Torlakson and Schroder
NOES: Supervisor McPeak
ABSENT: None
ABSTAIN: None'
SUBJECT: Social Services Administrative Review Appeal
The Board on May 17, 1988 continued to this date the hearing
on appeal from decision of the Director of Social Services denying an
Administrative Review Panel Challenge on behalf of Enrique Blanco,
applicant for political asylum.
Kevin'-Kerr, Deputy County Counsel, discussed the issue of
whether applicants for political asylum in the United States. are
eligible for County General Assistance. He stated that the conclusion
had been reached that under. the law that applicants for political
asylum have no legal right to remain in the United States, .and
therefore are not a legal resident for general assistance purposes.
Mr. Kerr referred further to his memorandum dated May 19,
1988. wherein he states that all of the eleven California counties
surveyed by the Social Service Department deny general assistance to
applicants for' political asylum. Mr. Kerr noted. that the office of
the County Counsel recommends that the appeal by Contra Costa Legal
Services be denied.
The Chair opened the public hearing and the following
appeared:
. Ellen Tabachnick, Contra Costa Legal Services Foundation,
P-0. Box 2289, Richmond, commented that with regard to the survey,
her office had hoped that this County will be the first to grant
assistance to applicants for political asylum. She reviewed portions
of the Welfare Code dealing with legal residence and the confusion
between immigration and legal. residence status as defined by the
Welfare and Institutions Code. She stated that she did not agree with
the opinion outlined in County Counsel' s May 19 , 1988 memorandum. She
thereupon introduced Ignatius Bau, Council from the San Francisco
Lawyers Committee for Urban Affairs. She stated that he was an
immigration attorney and that she had asked him to speak to this Board
on the immigration aspect of this case as it relates to General
Assistance.
Ignatius Bau, San Francisco Lawyer' s Committee for Urban
Affairs, 301 Mission Street, Suite 400, San Francisco, provided his
opinion of. the difference between State Law and Federal Immigration
Law with respect to applicants for political asylum, and how those
laws affect the decision of whether the applicant is eligible for
general assistance. He urged the Board to not look at lawful
immigration status, but to look at what the process actually is in
terms of applying for asylum and how long it takes to reach a final
decision before the applicant must leave the Country, declaring that
during that period if the applicant becomes indigent, the County has
obligations to provide General Assistance benefits.
Kevin Kerr advised that. he disagreed with the presentation
that the County should look solely at . the status under Federal Law. He
noted that the County has based its conclusion upon the Attorney
General' s viewpoint for residency under the General Assistance status.
I
No one else having desired to speak, the Chair declared the
hearing closed.
Board members discussed the matter in some detail among
themselves and with their Counsel.
Good cause appearing therefore, IT IS BY THE BOARD ORDERED
THAT the appeal is DENIED, and the decision of the Social Service
Department and the recommendation of County Counsel is UPHELD.
Supervisor McPeak stated that she was trying to be
sympathetic to the applicant, but noted that his political status did
not prevent him from working, and requested from Ms. Tabachnick
documentation on why the appellant has not been able to work and what
has gone on in his job search.
I hereby certify that this Is n true and correct copy of
an action taken and cniered on the minutes of the
Board of Supervlsars on tho Cato shown..
ATTESTED: a /8�
WL BATCHELOR,Clerk of the Board
of Supentisors and County Adrn.!r:istratar
By- ,Deputy
cc: Social Service Department
Contra Costa Legal Services Foundation
County Counsel