HomeMy WebLinkAboutMINUTES - 02061990 - T.2 T. 2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 6,1990 by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Hearing on Appeal of Decision of Evidentiary Hearing
Officer re General Assistance Benefits
This being the time set by the Clerk of the Board of
Supervisors for hearing an appeal of a decision of a Social Services
Evidentiary Hearing Officer regarding the appellant' s ineligibility
for General Assistance benefits.
Chair Fanden requested staff to present the issues to the
Board.
Barbara R. Weidenfeld, Social Service Appeals Officer,
appeared and reviewed the issues, including whether the appellant' s
receipt of a $6,750 lump sum Social Security Benefit on April 19,
1989, made the appellant ineligible for General Assistance benefits.
Chair Fanden left the podium and turned the gavel over to
Vice Chairman Powers who conducted the remainder of the hearing.
A representative of the appellant appeared and advised that
the appellant was concerned that the appellant' s confidentiality was
being breached by this public hearing. He advised that the appellant
requests that the Board appoint a hearing officer who is a member of
the State Bar to consider the matter and make a closed session
recommendation to the Board regarding the facts of the case and legal
findings.
Chairman Powers requested comments from County Counsel with
respect to the request.
Supervisor Fanden returned to the podium, but did not resume
chairmanship of the hearing.
Arthur Walenta, Assistant County Counsel, advised as
follows: the name of the appellant has not been disclosed at this
appeal hearing; records of these proceedings may be confidential; the
public disclosure of the issues herein does not violate the
appellant' s rights; and there is no procedure for the Board for
appointing a hearing officer in this case or considering the matter in
closed session.
Chairman Powers, after asking for comments from the Board
members, declared that the Board would proceed with its usual
procedure to have the public hearing and then have the Board make a
decision.
The representative of the appellant advised that the
appellant would proceed, under protest. He spoke to the merits of the
matter and the appellant' s contentions.
The appellant appeared and advised of a lawsuit the
appellant has filed relating to the property tax issue.
Board members discussed the matter with the appellant, the
appellant' s representative and County Counsel.
,1
Good cause appearing therefore, IT IS BY THE BOARD ORDERED
that the hearing is closed, the matter is taken under submission and
decision is deferred to February 13, 1990.
IT IS FURTHER ORDERED THAT the matter is referred to County
Counsel for review of the legal issues raised and for report to the
Board on February 13, 1990 .
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 /data_shown,
ATTESTED:
PHIL BATCHELOR,Clerk of VWBo&jd
of Supervisors and County Armor
cc: County Counsel
Social Services Department By �cia ,
County Administrator