HomeMy WebLinkAboutMINUTES - 02091993 - H.2 y
TO: BOARD OF SUPERVISORS
FROM: Perfecto Villarreal, Director
Social Services Department
DATE: February 9, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY
HEARING DECISION BY BARRY LACKEY
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
That the Board deny Barry Lackey's appeal of the General Assistance
Hearing decision.
BACKGROUND:
Claimant filed request for Hearing on November 23, 1992. The Hearing
was scheduled for January 8, 1993. The decision was rendered on
January 13, 1993, denying the claim.
Signature== ` zx;_____________
ACTION OF BOARD ON 2/9/9 3 APPROVED AS RECOMMENDED X OTHER
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the appeal of General Assistance
Evidentiary Hearing Decision by Barry Lackey. Jewel Mansapit,
General Assistance Program Analyst, Social Service Department,
appeared and presented the Department ' s recommendation for
denial . Mr. Barry Lackey;_-did not appear.
IT IS BY THE BOARD ORDERED that the above recommendation is
APPROVED; and the appeal by Barry Lackey of the General
Assistance Evidentiary Hearing Decision is DENIED.
VOTE OF SUPERVISORS:
X UNANIMOUS (ABSENT _)
AYES: NOES:
ABSENT: ABSTAIN: j
I
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED February 9 , 1993
cc: Social Services; Dept. PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel SUPERVISORS D COU ADMINISTRATOR
Barry Lackey
BY DEPUTY
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• DATE: & 9 9�
4
REQUEST TO SPEAK FORM
THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum before
addressing the Board
NAME: /I �O,f�G�Z( PHONE:
ADDRESS: cC\ /(«' /�� CITY:
I am speaking formyself l/ OR organization:.
Check one: (NAME OF ORGANI7VTI0N)
I wish to speak on Agenda Item # .
My comments will be: general for against _,<.
r/" I wis to speak on the subJect of IPP256n A� *,2/w/�
I do not wish to speak but leave these,comments for the Bodrd to considel-.
SPEAKERS t
1. Deposit the "Request to Speak" form (on the reverse. side) in the box next to the speakers'
microphone before your item is to be considered.
2. You will be called.to make your presentation. Please speak into the microphone.
.3. Begin by stating your name and address; whether you are speaking for yourself or as a
representative of an organization.
4. Give the Clerk a copy of your presentation or support documentation, if available.
5. Please limit your presentation to three minutes. Avoid repeating comments made by previous
speakers. (The Chair may limit length of presentations so all persons may be heard.)
TO: BOARD OF SUPERVISORS
FROM: Perfecto Villarreal, Director
Social Services Department
DATE: February 9, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY
HEARING DECISION BY SANDRA GOBERT
---------------------------------------------
---------------------------------------------
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
That the Board deny Sandra Gobert's appeal of the General Assistance
Hearing decision.
BACKGROUND:'
Claimant filed request for Hearing on November 17, 1992. The Hearing
was scheduled for December 11, 1992. The decision was rendered on
December 14, 1992, denying the claim.
Signature_
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
I
VOTE OF SUPERVISORS:
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF i
SUPERVISORS ON THE DATE SHOWN.
i
ATTESTED
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
I
BY DEPUTY
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)ci � - ' Please reply to:
c-�!•Service Department Contra o Appeals
Costa (510) 313-1790
""r
,fecto Villareal �.�O11 �_ 40 Douglas Dr.
"`�' Martinez, Ca. 94553
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
appeals Officer. ��� �2/`%%J`/ Hearing Date:
,lace of Hearing: ❑ Martinez ❑ Antioch ichmond
'he proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury.
IN THE MATTER OF:
Case#07- y�_
PI, filing Date:
Aid Paid Pending Hearing es No
Date of Notice:
Effective Date of Action:
RESENT:
Claimant County Representative(s): +
❑ Authorized Representative(s):
❑ Witness(es):
❑ Other:
>CTION UNDER APPEAL:
❑ Denial Discontinuance 7
❑ Appiication Date Effective Date
❑ Notice of Action 6AN"citice of Action /Z
(Period of Ineligibility
iSUE:
employment Requirements ❑ Unemployability Requirements
❑ Employability Assessment ❑ Medical Verification
❑ lob Search ❑ Unemployability Assessment
❑ Workfare - AIRS assessment and paniopatron
❑ 10b Qu,V 1 urQ lui lau)t' � 01her:
❑ W•il.sIlo1)
e i
'GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION (cont'd.)
IURISDICTION (DM 49-700: DM 49-701) :
al-Timely Filing of Appeal O Challenge only to Regulation
❑ Untimely Filing of Appeal : O Issue Outside Scope of Program
Period Expired:
❑ Good Cause
EVIDENCE CONSIDERED :
!/ ` imant Testimony documentary
County Testimony ❑ GA 34 Cooperation Agreement
Document Date:
❑ Assessment Appointment Notice
❑ rk Programs Notice
Other:
� i
OISPOSITIONAL FINDINGS/CONCLUSION :
The evidence and testimony having been heard and considered,the following findings are reached:
Claima ece / -receive notice of the particular assignment under review
MZ(aimanasl capable of understanding and meeting the particular assignment under review:
❑ Educational ❑ Physical ❑ Emotional (DM 49-102 II BJ
r]Good Cause (DM 49-11 1 II F)
❑ Good Cause Exists Good Cause Does Not Exists
❑ Employment has been obtained
❑ Scheduled Job Interview or Testing
❑ Mandatory Court Appearance
❑ Incarceration
❑ Illness
❑ Death in the Family
❑ Circumstances beyond Applicant/Recipient's control
P� fulness (DVI 49-111 II H)
Willfulness Exists ❑ Willfulness Does Not Exists
❑ Failure was deliberate and intentional ❑ County rescinded wiilfulness determination
❑ Failure was,more than a single occurrence ❑ County failed to provide sufficient evidence to
p Failure was the result of intentional mistake/omission establish willfulness
❑ Failure was indlcativq of a pattern of non-cooperation ❑ Other
4.
1
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(cont'd)
SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE:
The claimant first testified that she did not receive notice of the
October 13 , 1992 appointment and was not aware of it. When the county
representative displayed a copy of the WP3 showing the appointment
date and bearing the claimant's signature, the claimant slightly
altered her approach and advanced the defense that the county was
deficient in that it did not adequately point out the importance of
the appointment. The claimant's justification for failing to appear
was that the county was responsible to not only inform her but also to
repeatedly impress upon her of this appointment's importance.
The claimant' s modification of her defense notwithstanding, the
claimant's attempt to shed herself of any and all responsibility
cannot be accepted. The claimant also attempted to raise additional
issue at the hearing, not previously addressed, that because she sees
a psychiatrist, she should not be held responsible. The Medic4
Assessment dated 11-16-92 does show that the claimant in November, saw
a psychiatrist but there is not sufficient information to reach a
conclusion, the date of the appointment occurred after the basic issue
was raised, and the initial claim for a hearing did not raise this
issue.
ORDER:
L1 C1ft-fm Denied: ❑ Claim Dismissed:
11" Aid shall be discontinued and the Period of Ineligibility
imposed.
❑ Aid shall be discontinued. The Period 'of Ineligibility
shall be expunged from the record.. Claimant may reapply at
any time.
❑ Claim Granted:
❑ General Assistance shall be restored. The proposed
discontinuance is reversed. The Period of Ineligibility
shall be expunged from the record.
❑ Other:
❑ Written copies of the Order were issued by ❑ mail 0 at Hearing
❑ Additional Regulatory Authority was attached to the foregoing
Program Ma er, App s Date
Assistant Director �- 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 . Appeals must be filed
CAC 23(revised 6/92)
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(cont'd)
within thirty (30) days of the date of the Evidentiary Decision.
No further aid paid pending a Board of Supervisors appeal.
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CAC 23(revised 6/92)
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NOTICE OF PROPOSED ACTION COUNTY OF _ GA 239 H
IENERAL;ASSISTANCE PROGRAM CONTRA COSTA DEL.10192
NOTICE DATE w1fiC
R
CASE NAME GOSE RT SANDRA
NUMBER 96-0438582-CO-0
WORKER NAME B EOZMAN
NUMBER W4JC
TELEPHONE 374-3929
ADDRESS 3431 .MACDONALO AVENUE
RICHMOND= CA 94805
Questions? Ask your Worker.
Si necealte une traducelbn de Pato, lleme a au traha,Jador(a)
ADDRESSEE) xin Lln B/Ea llfn l;c vel rhbm Dinh vlen cue minh 4. c®n Dan dlch
F SANDRA M G O BE R T
2840 `SHANE OR
RICHMOND# CALIF 94306
L J
YOUR GENERAL ASSISTANCE MILL BE DISCONTINUED EFFECTIVE INOV 30 1 92
BECAUSE YOU HAVE DEMONSTRATED .WILLFUL NONCOOPERATION OR NONCOMPLIANCE
WITH WORK PROGRAA REQUIREMENTS BY (FAILURE TO MEET :YOUR RESPONSIBILITIES
WITHOUT GOOD CAUSE IN THESE SPECIFIC INSTANCES=
DATE OF FAILURE(S)' NATURE OF FAILURES)
BECAUSE OF THESE FAILURES. YOU WILL BE INELIGIBLE TO GENERAL ASSISTANCE
FOR A PERIOD OF
GONE MONTH
( THREE MONTHS
( ) SIX MONTHS
IF YOU WISH TO REAPPLY FOR GENERAL ASSISTANCE, YOU MAY AGAIN BE
ELIGIBLE TO AID ON OR AFTER !L 3DEPENDING UPON YOUR
CIRCUMSTANCES AT THAT TIME.
ANY FURTHER FAILURE TO MEET THE ELIGIBILITY REQUIREMENTS OF GENERAL
ASSISTANCE MAY RESULT IN ANOTHER PERIOD Of INELIGIBILITY.
IF YOU HAVE ANY QUESTIONS, OR YOU 9ELIEV!� THIS ACTION IS INCORRECT9 OR
YOU WISH TO GIVE YOUR REASONS WHY YOU THINK ANY FAILURE TO C►OCPERATE CR
TO COMPLY WITH . GA REQUIREMENTS SHOULD BE EXCUSED, YOU ARE Elf TI TLED TC
TALK ABOUT THESE THINGS WITH YOUR WORKER OR THE SUPERVISOR.
THIS ACTION IS REQUIRED BY THE FOLLOWING LAMS .AND/OR REGULATIONS
DEPARTMENT MANUAL SECTIONS= 49-10" APPLICATION AND RECEPTICN
49-111 DI SCONTINUEs GOOD CAUSE s
WILLFULNESS AND PERIOC OF
INELIGIBILITY
49-210 EMPLOYABLE PROGRAM
a
S1-500 EMPLOYMENT SERVICESno
00 ARD RES�)LiITIflN 92J553 D
1992
Appeals
,17
Unit
GA239 DISC- . FAILED TO ' FET EMPLOYMENT REQUIREMENTS POI 5Oc1a1Service Cpame►o77-!
A 239H(5/87) — --
I11{192' H
Contra Costa County `.: Social Service.Department
MONTH ❑ 1 ❑ 2 ❑3 .:WORK PROGRAMS PLACEMENVATTENDANCE RECORD PROJECT# ';?i%r SLOT#
PARTICIPANT CASE NUMB(E,Rc EW PCN
ADORES
¢�Sa TELEPHONE NUMBER
ASSIGNMENT: Show this form to the Work Site Supervisor when you report at the time and place listed below:
Call the Work Site Supervisor if you have any problems. WORK SCHEDULE
DATE .:TIME
WORK AGENCYTE GENERAL SERVICFS DEPT Monday:
POSITION OUTSIDE MAINTENAKE W3R4ER Tuesday
TITLE
Wednesday
SPECIAL>. CLOINING FOR GRCITNOS MAINT
REQUIREMENTS Thursday �:` ji;J
IJ iv
CREW LEADER 374-3791 Friday
REPORT TO
"a Worksite Supervisor Telephone
1305 MAM)MALD::.A.Y._ Rtt t'NI)':.' <_. . -. _ Monday
LOCATION
Worksite Address
Wednesday
NEXT WORK PROGRAMS .�t: .lt jr�X � 1�a &) f}f7,
APPOINTMENT Day,: !/ : Date:.:::°.: Time'. ThursdAY
1305 Ma2donal Ave: E],30Muii'Road '4545 Deha,Fair:Bivd _ - Friday
' Richmond 374-3791: - .-.Manner 439.2029. Antioch 427.8535.
I acknowledge receipt of my assignment SI OUIERE UD UN►TRADUCCION EN ESPANOL DE A/
f�' /� r ESTE PAPEL. LLAAE A SU TRABAIADOR (A) DE.!EU
CN i'^'�''..'Z-tH
-� tPV L f ff/ {p�— EILEGIBILIDAD. Tl •^:1s TI14T,xv H&
Partic nt's5ignat`ure Date,_., p1C19110��nzyU, -412tjcgnn,C..m 1%,HV±N
Transportation to the job site or pickup point IS YOUR RESPONSIBIL/TY If you need anu»tluu„Zmnnnel�unC�u2g�rJ����C _
help with your transportation expenses,contact your Work Programs.Representative a
week before your work schedule begins.
See Completion Instructions On Reverse. ATTENDANCE RECORD
TIME IN TIME OUT Tot. irs PA ICIPANT'S SIGNATUR - WORKSITE'COMMENTS'
DAY 2
y,DAY 3 ------
DAY
-- —DAY 4
DAY 5
DAY 6
DAY 7
DAY 8
DAYS)
DAY-10
121 ADDITIONAL COMMENTS TOTAL HOURS WORKED FOR THE MONTH OPJ
1: Client ant nt I Partici
CDPY e P.
W R K S I T E SUPERVISOR SIGNATURE D A T E Copy 2: Work Programs(control)
Copy 3: Work Programs'(completedY`
918
WP 3(Rev 8) Copy
---------.. _...___�-..�------....-- . .. ,... ,. 4: Worksite file
.:ra Costa County Social Service Department
MEDICAL ASSESSMENT"
OF
'E OF REFERRAL .� EMPLOYABILITY STATUS
iENT'SNAME \ COUNTY MEDICAL SERVICES USE ONLY
AL SECURITY# BIRTHDATE
� NEW APPLICATION
NAME ❑ REEVALUATION
�� — ❑ SSI PENDING
BIUTY WORKER TELEPHONE NO.
'ENT's A THORIZATION
thorize the release of all information for the purpose of continuity of patient care and verification of disability for
clic Assistance to Contra Costa County Social Service Department, including information which may be related to drug,
Iih r psychiatric conditions. This authorization is valid until: or one year from signing,
Pjf S SIGNATURE DATE
ENT's STATED COMPLAINT/ SON FOR RE L
LAST WORKED: ���� USUAL OCCUPATION:
TO"BE COMPLETED BY PHYSICIAN
DEGREE OF EMPLOYABILITY /
EMPLOYABLE WITH NO LIMITATIONS UNABLE TO WORK UNTIL 1d
ate
EMPLOYABLE WITH THE FOLLOWING LIMITATIONS: ❑ PERMANENTLY DISABLED
(Please specify)
31AGNOSIS
lk,/"',•�.r ti
i
4ROGNOSIS
3oes this patient have alcohol/other substance abuse problems? 'YES NO ❑ UNKNOWN
J {
If'YES',is patient receiving treatment? P ,'YEs ❑ No {
- I
)oes this patient require a special diet? ❑ YEs o
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WYES',
Type of diet Duration
s is to certify that this patient was last seen on �d Z Next scheduled appointment is
date da fe
Doct 's ameffitle HospitaliClinic Location dat {
Form-Co le edBy clatif
Copy 1: IM Case 0 2 {
CLERK OF THE BOARD
Inter - Office Memo
TO: Social Services Department DATE: January 29 , 1993
Appeals and Complaints Division
FROM: Jeanne Maglio, Chief Clerk ,
Ann Cervelli, Deputy Clerk Utej
SUBJECT: Hearing on Appeal from Administrative Decision Rendered
on General Assistance Benefits Filed by Barry Lackey
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, plus any information which your
department may wish to file for the Board appeal which is set for
2 : 00 p.m. on Tuesday, February 9 , 1993 .
Attachment
CC:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept.
40Douglas Drive
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Re: General Assistance )
Appeals Procedure ) RESOLU'T'ION NO. 75/28
(Jan. 14,1975)
The Contra Costa County Board of Supervisors RESOLVES T11AT-:
Appeals from decisions of 'the Social Service Department's
Complaints and Appeals Division regarding, General Assistance
are made to the Board of Supervisors pursuant to Board of
Supervisors Resolution 711/365; and this Board therefore estab--
lishes these uniform procedures for- such appeals, effective
today.
1. A written appeal must be filed with the Clerk of. the
Board of Supervisors within 30 days after the decision by the
Hearing Officer of the Social Service Department's Complaints
and Appeals Division.
2. both the Appellant (the General Assistance applicant .
or recipient) and the Respondent (the Social Service -Department)
must file all written materials at least one week before the date
set for Board hearing of the appeal. ;.
3. .Upon hearing of the.-appeal , the hoard shall make any
required fact determinations based on the record on appeal. This
record shall include the Department's Hearing Officer's fact
findings, plus any papers filed with that ,Officer. The board willy�
not allow the parties to present new facts at time of appeal,
either orally or in writing, and any such presentation will be
disregarded.
If the ,facts upop which .the appeal is based are not In
dispute, or if any..dispute4.4,;4sF are' not relevant to the issue
ultimately to be decided by .the Board, the Board will proceed t
Immediately to the next •s1 eP-a&t1 out ;oonsidering fact questions.,
The parties may stipulate ,to• "8n agreed set of facts.
4. Once the facts are detirmined, or if there are no fact' '
determinations required.. y tti4'_aJ*kl,� the Board will consider
legal Issues •presented•by•`tha-appbal. 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.
Appealing parties may make legal arguments both by written. .
brief and orally before the...Boardr.'l If the issues are susceptible
of immediate resolution, thi 'Zoarcl may, if it desires, immediately
decide them at the appeal hearing. If the County Counsel's ad-
vice is needed on legal questions', the Board will take the matter'
under submission, reserving-its final judgment until it receives
such advice.
-1- •
RESOLUTION NO. 75/28 '
t
RECEIVED
1 -JAN-
.0
SAN. 2-�- -
0 .. , - _
V CLERK 80ARD OF SUPERI/iSORS
-CONTRA COSTA CO.
, -
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02
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� L.T—�\._.r\,{�„�,l-Xr Z,/ _ �-^"'•YWti._ �\.�r`r„"�'�J� "”' �..� �./�moi.' �i �
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GENERAL ASSISTANCE EVIDENTIARY NEARING DECISION (cont'd.)
JURISDICTION (DM 49-700; DM 49-701) :
timely Filing of Appeal ❑ Challenge only to Regulation
❑ Untimely Filing of Appeal : ❑ Issue Outside Scope of Program
Period Expired:
❑ Good Cause
-EVIDENCE CONSIDERED :
Claimant Testimony ❑ Documentary
[] County Testimony ❑ GA 34 Cooperation Agreement
Document Date:
❑ Assessment Appointment Notice
❑ Work Programs Notice
❑ Other:
DISPOSITtIONAL FINDINGS/CONCLUSION
The.evidence and testimony having been heard and considered,the following findings are reached:
aiman e / t receive notice of the particular assignment under review
I wa capable of understanding and meeting the particular assignment under review:
ucational O Physical ❑ Emotional (DM 49-102 4 P.)
9-G-cod Cause (DM 49-1 1 1 11 F)
❑ Good Cause ExistsGood Cause Does Not Exists
❑ Employment has been obtained
❑ Scheduled Job Interview or Testing
❑ Mandatory Court Appearance
❑ Incarceration
❑ Illness
i
❑ Death in the Family Circumstances beyond ApplicanVRecipient•s control
[,Willfulness (DM 49.1 11 it H) _
[D�iiliitfulness Exists O Willfulness Doest,lot Exists
❑ Failure was del-Uerate and intentional ❑ County rescinded willfulness determination.
❑ Failure wast more than a single occurrence ❑ County faded to provide sufficient evidence to
❑ Failure was the result of intentionatmistake/omission establish willfulness
❑ Failure v.,zi,r„otcative of a patternof non-cooperation ❑ Other
tL—e vas wit-oA -b1Q caw or ensse
1
Please lepty,10.
?dial Service Department Contra 0 Appeals -
Costa (510) 313-1790
t'dkf e4to--Villa real County 40 Douglas Dr.
Director Martinez, Ca. 94553
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
PP
eals Officer:
ace of Hearing: 0 Martinez 0 Antioch "imond
ie proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury.
4THE t Y1,P�TR 0 F: 2 Case#07—
_�- J Filing Date:
Aid Paid PerWing-Heanng 0 NO
4,1z
Date of Notice:
Eff. ective Date of Action:
ESENT:
ra<lmant' 6---County Representative(s):
AxhorizedRepreientative(s):
C) Witness(es):
Other:
MON UNDER APPEAL:
Dental 0-6-S-C`o�nti nuance
0 ApplicationDate @-f-1i"ective Date
0 Notice of Action @-Ko'-tice of Action
(J-0"e-rood of Ineligibility
JE:
Employment Reclutfernints @-<n`e`m`-pIoyab4*I1Iy Requirements
0 frnployabilityAssessniesit 0 Medical verification
0 Job Search 0 Unemployability Assessment
d arj4(,()at*on
0 V,/0(,k(.3s`C AIRS assejsrncn1L?no Part pai*041
C) Job Ouiv I wed tut :,Uje
0 O11
,q Gxd Cmise
• GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(cont'd)
r.,
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SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE:
4' There was no factual dispute between the parties. The claimant agreed
that he knew of his GAADDS appointment on 10-16-92 but maintained in
his hearing request that he was only one-half hour late for his
appointment due to missing his bus. The claimant testified that
GAADDS personnel knew of his college schedule and in the past had
allowed him some leeway but had changed this policy and were therefore
holding him to a strict standard. The claimant appeal was based upon
his contention that missing the bus was beyond his control and that he i
should be allowed some leeway. While the claimant's contention that
he is trying to better himself by attending college is understandable
and his desire for advancement is laudable, the basic firm
responsibility for each client is conformity to program requirements.
The claimant's decision to attend college is his own and that decision
cannot take priority over the program requirements. The claimant's
decision to put a higher priority on something other than the items
agreed to in the contract signed on application for aid does not alter
the fact that this agreement was a contract.
ORDER:
Cla' enied: 0 Claim Dismissed:
Aid shall be discontinued and the Period of Ineligibility
imposed.
0 Aid shall be discontinued. The Period of Ineligibility
shall be expunged from the record. Claimant may reapply at
any time.
❑ Claim Granted:
❑ General Assistance shall be restored. The proposed
discontinuance is reversed. The Period of Ineligibility
shall be expunged from the record.
❑ Other:
0 Written copies of the Order were issued by 0 mail 0 at Hearing
❑ Additional Regulatory Authority was attached to the foregoing
Order
Program Man er, App a s a e
Assistant Director 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. Appeals must be filed
within thirty (30) days of the date of the Evidentiary Decision.
f
No further aid paid pending a Board of Supervisors appeal.
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CAC 23(revised 6192)
RECEIVED
-;� N-2-� --
- -
fo
MAKBOARD OF CgNTRA OSA CO,IS{}RS
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61
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GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION (cont'd.)
JURISDICTION (DM 49-700; DM 49-701) :
M-timely Filing of Appeal ❑ Challenge only to Regulation
❑ Untimely Filing of Appeal : ❑ Issue Outside Scope of Program
Period Expired:
❑ Good Cause
,EVIDENCE CONSIDERED :
Claimant Testimony ❑ Documentary
❑ County Testimony ❑ GA 34 Cooperation Agreement
Document Date:
❑ Assessment Appointment Notice
❑ Work Programs Notice
❑ Other:
DISPOSMONAL FINDINGS/CONCLUSION-:
The.evidence and testimony having been heard and considered,the following findings are reached:
i
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aiman e / t receive notice of the particular assignment under review
Im wa capable of understanding and meeting the particular assignment under review: - !
❑ ucational ❑ Physical ❑ Emotional (DM 49-102 If F.)
Q-Geod Cause (DM 49-1 t 1 Il F)
❑ Good Cause Exists Good Cause Does Not Exists
❑ Employment has been obtained
❑ Scheduled Job interview or Testing
❑ Mandatory Court Appearance
❑ Incarceration
❑ Illness
❑ Death in the Fam,ly
❑ Circumstances beyond Appiicant/Recipient s control
i
-Willfulness (DM 49-1 11 tl H)
willfulness Exists 0 Willfulness Does toot Exists
❑ Failure was deliberate and intentional ❑ County rescinded willfulness determination
❑ Failure was more than a single occurrence ❑ County faded to provide sufficient evidence to
i
❑ Failure was the result of intentional mistake/omission establish v: llfulness
❑ Failure w,;,snofcative of a pattern of non-cooperation ❑ Other
O'r ailtre %,3s kl tilt r�,b1Q cam or e�>
7—
Pltetc reply:v:
_)Jal Service Department Contra 0 AriMafi -
Costa (510) 313-179 0
PErfecto-Villareal40 Douglas Dr.
Director County Martinez, Ca. 94553
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
Pp. Hearing Date:
ealsofficec
(ace of Hearing: E] Martinez ❑ Antioch ii,"imond
he proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury-
14 THE M TER OF: Case#07-
riling Date:
2 j / /������ Aid Paid Pending'HWnq Cff-Tes No
Date of Notice:
Effective Date of Action.
XSENT:
-3 461 mant county Representative(s):,=�
A;jthorized Repreientative(s):
❑ Witness(es):
Other:
MON UNDER APPEAL:
Denial s(ontinuan(c
0 Application Date P_V�fective Date
0 Notice of Action G-110--tice of Action
11e.od of Ineligibility
Employment Requirements em Ployability Requirements
0 Employability Asws meat 0 Medical Verification
0 job Search 0 UnemPIoy3bitoyA%w,,5r'nC()1
❑ WO(ki,3(e C] AIRS assessment and pai,14(lvatson
❑ Job OuiUl'itc-0 fol L,'juw he(
0
0
,q_
Gari ca.15e
V GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(cont I d)
SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE:
There was no factual dispute between the parties. The claimant agreed
that he knew of his GAADDS appointment on 10-16-92 but maintained in
his hearing request that he was only one-half hour late for his
appointment due to missing his bus. The claimant testified that
GAADDS personnel knew of his college schedule and in the past had
allowed him some leeway but had changed this policy and were therefore
holding him to a strict standard. The claimant appeal was based upon
his contention that missing the bus was beyond his control and that he
should be allowed some leeway. While the claimant's contention that
he is trying to better himself by attending college is understandable
and his desire for advancement is laudable, the basic firm
responsibility for each client is conformity to program requirements.
The claimant's decision to attend college is his own and that decision
cannot take priority over the program requirements. The claimant's
decision to put a higher priority on something other than the items
agreed to in the contract signed on application for aid does not alter
the fact that this agreement was a contract.
ORDER:
C1aj,�Denied: ❑ Claim Dismissed:
E[-`� Aid shall be discontinued and the Period of Ineligibility
imposed.
❑ Aid shall be discontinued. The Period of Ineligibility
shall be expunged from the record. Claimant may reapply at
any time.
0 Claim Granted:
❑ General Assistance shall be restored. The proposed
discontinuance is reversed. The Period of Ineligibility
shall be expunged from the record.
❑ Other:
0 Written copies of the Order were issued by ❑ mail ❑ at Hearing
❑ Additional Regulatory Authority was attached to the foregoing
Order
Program Man er, App a s a e
Assistant Director 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. Appeals must be filed
within thirty (30) days of the. date of the Evidentiary Decision.
No .further aid paid pending a Board of Supervisors appeal.
r
CAC 23(revised 6192)
� i
Social Service Department Contra Please reply to:
❑Appeals
Costa (510)646-2865
County ❑Staff Development
(510)646-2861
1340 Arnold Drive,Suite 220
Martinez,CA 94553
12/21/92
r �:s
cou.
BARRY LACKEY
2134 Road 20, #4
San Pablo, CA 94806
Re: 96-482596 EW: . W4JC .,
Filing Date: 11/23/92
Dear BARRY LACKEY
We have received your request for an Evidentiary Hearing about your
General Assistance benefits. Your hearing is scheduled for:
Location: 1305 MacDonald Ave.
Richmond CA
Date: 1/08/93
Time: 1:00 PM
Because 7 or more hearings are scheduled for the same hearing time, it
may be necessary for you to wait for sometime before your case is
called. Cases will be heard on a firts-come first serve basis. The
Appeals Officer will appreciate your patience.
If you are unable to attendl the hearing, please call 313-1790
If you do not attend, the Appeals Officer may dismiss your request
for Hearing. You have a right to an interpreter if you need one.
If you have also filed a. request for a State Fair Hearing, you will
receive a letter from the State Department of Social Services about the
time and place for that hearing. The State Fair Hearing is separate and
apart from the County Evidentiary -hearing.
SOCIALC
SERVICE OFFICE APPEALS �
KA/nf
I
C
To Ask dor St1'�te Hearing !' ' A T6 ASK (r�®Gb3 Q'S$AT5 C�t�AkWi
' The best way to ask for a hearing is to fill out this page and send or take
The right side of this sheet,tali ftov�. it to:
ly'k, 90 days to ask for a hearing. Office of Appeals Coordinator
O You4n
O The 90 days started the daX'Yaft9r`we mailed this notice. 1340 Arnold Drive#220
Martinez,CA 94553
O You faave a much'sfiorter time to ask for a hearing if you want to keep
your same benefits. You may also call 1-800-952-5253.
To Keep Your Same Benefits While You Wait For a Tearing HEARONG REQUEST
You"must ask for hearing+before.the action takes;plaoe. �.-. ,��-� � ) g ,J I ; � ;_ �, � r_ f
want a h arin a A_f a action the elfare De artment
O Your Cash Aid wip stay the same until your�earing 3\ f.. _ +;( i g v' �� ` w j,.,,
O Your Medi-Cal will stay the same until your hearing.
of `'< ) �'" County about my:
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)
O If the hearing decision says we are right,you will owe us for any extra
cash aid or food stamps you got.
Here's hy:To Cave-Your Beriefits Cut-How
If you want your Cash Aid or Food Stamps cut while you wait for a �j
hearing,check one or both boxes. xk�J JJ
Cash Aid 0 Food Stamps
lroc
To Got Help L
You can ask about your hearing rights or free legal aid at the state `.� `.-� �'•• l -�� j
information number.
Call toll free: 1-800-952-5253 ` , 1 u .�.C`-r• •- /� dM
If you are deaf and use TDD call: 1-800-952-8349 ✓ �' ' /"�' ` -`���� l -!
If you don't want to come to the hearing alone,you can bring a friend,
an attorney or anyone else.You must get the other person yourself. 9 1
�.'
PIC, `• ' T .i? ,
You may get free legal help at your local legal aid office or welfare
rights group. 11�
6111
/�%, <1 o.y
Contra Costa Legal Services Foundation I will bang this person to the hearing to he m
Central East West (name.and address,if known):
Call 372-8209. CaIL439-9166_.,.., ..Calf233 99543 >i++
®the,information
Child Support: The District Attorney's office will help you collect child '
support even-if jypq ap not pn cash aids There is no_cost for this help.
If they now collbcf child supportifor you;they_will.kdep doing so unless
you tell them'n'wrli ng'to strip
.
Thdjf will send you any current support I need an interpreter at no cost - Y "
money collected.They will keep past due mons collected that is owed
to me.My language or dialect is:
to the county. ` •� vP t. �� ,/;�� �J't✓,
My name:
Family Planning: Your welfare office will give you information when
you ask. Address:
rr��� •
Hearing Files 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 a
,Date:
NA BACK 6(5187)
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The Board.of Supervisors Contra
County Administration Building Costa N 3724371
651 Pine St., Room 106 n,�' ,
Martinez, California 94553 I."IJU
nty
Torn Powers,1st District
Nancy Q FohdoN 2nd District
Robert I.Schroder,3rd District
Sumw Wright MCPsek,4th District
Tom Toilakson,Sth District
January 29 , 1993
Mr. Barry Lackey
2134 Road 20 Apt. 4
San Pablo, CA 94806
Appeal to Board of Supervisors
General Assistance Benefits
In response to your request and pursuant to Section 14-4. 006
of the County Ordinance Code, this is to advise that a hearing on
your appeal from the administrative decision rendered in your case
on General Assistance benefits will be held before the Board of
Supervisors -in the Board Chambers, Room 107 , County Administration
Building, 651 Pine Street, Martinez, California, at 2: 00 p.m. on
Tuesday, February 9 , 1993 .
In accordance with Board of Supervisors Resolution No. 75/28,
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 Su erv' ors County Administrator
By
A-n4 Cerve li,Deputy Clerk
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel j
County Administrator
I
i
CLERK OF THE BOARD
Inter - Office Memo
TO: Social Services Department DATE: January 29 , 1993
Appeals and Complaints Division
FROM: Jeanne Maglio, Chief Clerk . . /
Ann Cervelli, Deputy Clerk
SUBJECT: Hearing on Appeal from Administrative Decision Rendered-
on General Assistance Benefits Filed by Barry Lackey
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, plus any information which your
department may wish to file for the Board appeal which is set for
2: 00 p.m. on Tuesday, February 9 , 1993 .
Attachment
cc:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept .
40Douglas Drive
I
I
f
I
f
Contra Costa County a /e ROUTE SLIP Social Service Department
T " lam' /(�j,G//�\ PCN: DATE:
io
Please Check Colrek Address
❑ 30 Muir Road,Martinez ❑ 40 Douglas Dr., Martinez
❑ 1340 Arnold Drive#220,Martinez ❑ Administration
(Training/Appeals) ❑ Area Agency on Aging
❑ 2500 AlhambraAve.,Martinez ❑
❑ 4545 Delta Fair,Antioch ❑ 100 Glacier Dr., Martinez
❑ 3431 MacdonaldAve.,Richmond (Lion's Gate)
❑ 1305 Macdonald Ave.,Richmond ❑ 2301 Stanwell Dr.,Concord
❑ 3045 Research Dr., Richmond (Centralized Closed Files)
❑ 3630 San Pablo Dam Rd., EI Sobrante ❑ 2450 A-Stanwell Dr.,Concord
❑ 525 Second Street, Rodeo (YIACT)
❑ 330-25th Street, Richmond(PIC) ❑ Al'of N
OTHER DEPARTMENTS
MARTINEZ ❑ Auditor/Controller ❑ DA Family Support
❑ County Administrator ❑ WelfareSection ❑ ❑ DA Investigations
❑ Risk Management ❑ Health Services ❑ Data Processing Services
❑ County Counsel ❑ County Hospital ❑ Probation
❑ Public Defender(ADO) ❑ ward ❑ Purchasing
❑ County Personnel ❑ CCC Health Plan ❑ ❑
CONCORD WALNUT CREEK RICHMOND JUVENILE COURT
❑Central Services ❑Office of Revenue Collection ❑Public Defender ❑ Antioch
❑Public Defender ❑ ❑ ❑ Richmond
❑ ❑ Martinez
❑ OTHER:
AS ❑ Requested FOR ET Necessary Action NOTE & ❑ Return
❑ Discussed ❑ Information ❑ Discard
❑ Recommendation ❑ File
❑ Approval/Signature
COMMENTS
=ROM PCN: TELEPHONE NUMBER
GJY (v -39
R 2(Rev.2/92) ❑ SEE REVERSE FOR ADDITIONAL COMMENTS
r RECEIVED
CONTRA COSTAECO.ISORS
71Ki
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GENERAL ASSISTANCE EVIDENTIARY NEARING DECISION (cont'd•)
JURISDICTION (DM 49-700; DM 49-701) :
041�imely Filing of Appeal ❑ Challenge only to Regulation
❑ Untimely filing of Appeal : ❑ Issue Outside Scope of Program
Period Expired:
❑ Good Cause
,EVIDENCE CONSIDERED :
Claimant Testimony ❑ Documentary
E] County Testimony ❑ GA 34 Cooperation Agreement
Document Date:
❑ Assessment Appointment Notice
❑ Work Programs Notice
❑ Other:
DISPOSITIONAL FINDINGS/.CONCLUSION:
The-evidence and testimony having been heard and considered,the following findings are reached:
936aiman e / t receive notice of the particular assignment under review
tmwa capable of understanding and meeting the particular assignment under review:
❑ ucational ❑ Physical ❑ Emotional (DM 49-102'.t E.)
(D-Geod Cause (DM 49-1 11 11 F)
❑ Good Cause Exists Good Cause Does Not Exists
❑ Employment has been obtained
❑ Scheduled Job Interview or Testing
❑ Mandatory Court Appearance
❑ Incarceration
❑ Illness
❑ Death in the Fam ly
❑ Circumstances beyond Applicant/Reopient's control
�JWIIlfulness (DfVI 49- 1 1 1 n H1
willfulness Exists ❑ Willfulness Dogs tJot Ezists
❑ Failure was deliberate and intentional ❑ County rescinded willfulness determination
❑ Failure wasL more than a single occurrence E] County faded to provide sufficient evidence to
�
❑ Failure was the result of inienuonal mistake/omission establish willfulness
❑ Failure wzl,1no,cat,ve of a pattern of non-cooperation ❑ Other
i
t t'as w1d+Mt rea3r- ble ca-r,- or eqxr-.x--
-)clal Service Department
Contra
ntra Q
Costa (510) 313-1790
P6rfecto-Villareal 40 Douglas Di--
. Director County Martinez, Ca. 94553
GENERAL ASSISTANCE EVIDENTIARY NEARING DECISION
ppeals Officer: //''/ Hearing Date:
lace of Hearing: ❑ Martinez ❑ Antioch - ichmond
he proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury.
N THEM ER OF: Case#07- 2
Filing Date:
Aid Paid Pending Hear es ❑ No
Date of Notice:
Effective Date of Action: .
:ESENT: '
Uaimani County Representative(s):
] Authorized Representative(s): - -
❑ Witness(es):
Other:
;TION UNDER APPEAL:
Denial iscontinuance
❑ Application Dateffective Date
❑ Notice of Action
• 0—Notice of Action
eriod of ineligibility -5�
UE: i
Employment Requircmcntsnemployability Requirements
❑ Employability Assessment n Medical verification
❑ Job Search Unemployab lily Aswssrnem
❑ VJorkfare AIRS asseismenl andel par4(,f)a110n
❑ Job OulU 11red to.
❑ �Ili�•r
.
'q_ \7;J,J,�
"N
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(cont 'd)
SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE:
There was no factual dispute between the parties. The claimant agreed
that he knew of his GAADDS` appointment on 10-16-92 but maintained in
his hearing request that he was only one-half hour late for his
appointment due to missing his bus. The claimant testified that
GAADDS personnel knew of his college schedule and in the past had
allowed him some leeway but had changed this policy and were therefore
holding him to a strict standard. The claimant appeal was based upon
his contention that missing the bus was beyond his control and that he
should be allowed some leeway. While the claimant's contention that
he is trying to better himself by attending college is understandable
and his desire for advancement is laudable, the basic firm
responsibility for each client is conformity to program requirements.
The claimant' s decision to attend college is his own and that decision
cannot take priority over the program requirements. The claimant' s
decision to put a higher priority on something other than the items
agreed to in the contract signed on application for aid does not alter
the fact that this agreement was a contract.
ORDER•
Cla ' enied: ❑ Claim Dismissed:
Aid shall be discontinued and the Period of Ineligibility
imposed.
❑ Aid shall be discontinued. The Period of Ineligibility
shall be expunged from the record. Claimant may reapply at
any time.
❑ Claim Granted:
❑ General Assistance shall be restored. The proposed
discontinuance is reversed. The Period of Ineligibility
shall be expunged from the record.
❑ Other:
❑ Written copies of the Order were issued by ❑ mail ❑ at Hearing
❑ Additional Regulatory Authority was attached to the foregoing
Order
Program Man er, App a s a e
Assistant Director 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. Appeals must be filed
within thirty (30) days of the date of the Evidentiary Decision.
No further aid paid pending a Board of Supervisors appeal.
CAC 23(revised 6/92)
4
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