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Home My WebLink AboutMINUTES - 03231993 - H.3A H. 3a THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 23 , 1993 by the following vote: AYES: Supervisors Powers, Bishop, McPeak and Torlakson NOES: None ABSENT: Supervisor Smith ABSTAIN: None --------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: Hearing On Appeal By Michael Johnson Of General Assistance Evidentiary Hearing Decision This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by Michael Johnson of the General Assistance Evidentiary hearing decision. Jewel Mansapit, General Assistance Program Analyst, Social Services Department, appeared and advised the Board of Supervisors of a request from the appellant for a continuance of this matter. IT IS BY THE BOARD ORDERED that the .hearing on the above appeal is CONTINUED to March 30, 1993 at 2: 00 p.m. in the Board Chambers, 651 Pine Street, Room 107 , Martinez. 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 tha date shown. ATTESTED: PHIL BATCHELOR,Clerk 6f the Board Orig. Dept. : Clerk of the Board Supervi rsandCo tyAdministrator cc: County Counsel Social Services Dept. By - -o ,Deputy Michael Johnson H. 3a THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 23, 1993 by the following vote: AYES: Supervisors Powers, Bishop, McPeak and Torlakson NOES: None ABSENT: Supervisor Smith ABSTAIN: None --------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: Hearing On Appeal By Michael Johnson Of General Assistance Evidentiary Hearing Decision This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by Michael Johnson of the General Assistance Evidentiary hearing decision. Jewel Mansapit, General Assistance Program Analyst, Social Services Department, appeared and advised the Board of Supervisors of a request from the appellant for a continuance of this matter. IT IS BY THE BOARD ORDERED that the hearing on the above appeal is CONTINUED to March 30, 1993 at 2: 00 p.m. in the Board Chambers, 651 Pine Street, Room 107 , Martinez . 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 he date shown. i c ATTESTED: PHIL BACHELOR,Clerk 6f the Board Orig. Dept. : Clerk of the Board LSupervi m OW Coty Administrator cc: County Counsel 0 9 Social Services Dept. By - ,Deputy Michael Johnson • CLERK OF THE BOARD Inter - Office Memo TO: Social Services Department DATE: March 2 , 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 Michael Johnson 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 : 0 p.m-on Tuesday, March 23 , 1993 Attachment CC: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive i ..The. Board of Supervisor Contra Phil Batchelor Clerk o1 the Board • and • County Administration Building costa County Administrator 651 Pine St., Room 106 (510)646-2371 Martinez, California 94553 County _ Tom Powers.1st District Jeff Smith.2nd District t.,..:�_t Gayle Bishop.3rd District Sunne Wright McPeak 4th District Tom Torlakson,5th District �I 'fir'�+ris March 2 , 1993 Michael Johnson 1816 Maine Avenue Richmond, CA 94804 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, March 23 , 1993 . In accordance with Board of Supervisors Resolution No. 75/p8 , 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 er i ors County Administrator f a:ms By AnM Cerve1.F7,-D-eputy--C-Te—rk Enclosure cc: -Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator I ' HOARD OF WERVISORS OF CONTRA COSTA COU CALIFORNIA Re: General Assistance ) Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14, 1975) The Contra Costa County Board of Supervisors RESOLVES THAT: 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 74/365; 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 Board 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 will 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 .;he. appeal is based are not in dispute, or if any. disputed.sap sl,are' not relevant to the issue ultimately to be decided by the Eoard*, the Board will proceed Immediately to the next -step•..,WLthout .considerinp; fact questions . The parties may stipulate ,to•�an a&reed set of facts. 4. Once the facts are determined, or if there are no fact' determinations required-:by th4'tiap281, the Board will consider legal issues 'presented- by-'the -apFpal. 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..Board., , If the issues are susceptible of immediate resolution, the Board 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 . i 01 -' 5. If the Board's tentative decision is adverse to the appellant, the Board may modify or reverse its tentative con- clusion for policy reasons, insofar as such modification is not Inconsistent with law. Such action may be taken when .the Board, in its discretion, determines it -to be necessary to moderate or eliminate unduly harsh effects that might result from strict application of law or regulation. The Board may also determine that its policy for similar future cases is to be modified in accordance with its decision. Unless so stated , a decision shall have no precendential effect on future cases . G. Having made factual determinations , having received advice on the legal issues, and having applied policy considera- tions , the Board will in due course render its decision. The decision will be in writing, stating findings of fact if any have been made, and summarizing the reasoning of the decision. The . . Board may direct the County -Counsel ;to draft a proposed decision for its consideration. 7. The Board may contract w.ith :a hearing officer, who shall . be a member of the California Bar, to act on its behalf in con- ducting General Assistance appeals. The Board 's Hearing Officer shall follow steps . l through ,4 .above,, and shall recommend .a proposed decision, stating findings o� fact and summarizing the reasoning of the proposed deci§ion. The Board then will in its discretion, adopt the proposed decision, adopt a modified de- cision in accordance with step 5 above, or reject the proposed decision and render an independent decision based on its own Interpretation of the record on appeal and applicable law. i PASSED on January 111 , 1975, unanimously by the Supervisors present . UATMED COPY I oertlfy that this is a full, true a correct copy of the oricinal document which is on file to my offlee, and that it was passed A. adopted by the board of Supervisors of Contra Costa County. California, on the date sbown. ATTEST: J. R. OLSSON. County Clerk A eiotticlo Clerk of said Board of Supervisors. by Deput Clerk. AILj a N 1 4 1975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator Ar tial Service DepartmentPlease reply so: Appeals - 1� Costa � (510) 313-1790 d. Perfecto-•��illareal a 40 Douglas Dr. Directory artinez, Ca. 94553 RECEIVED r tb 2 41993 GENERAL ASSISTANCE EVIDENTIA QY, Mp mlc ,peals Oflicer: / Hearing Date: ce of Hearing: [) Martinez ❑ Antioci, IchrnoCd !proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury. THE MATTEl3 OF- Case X07- !tiling Date: � Aid Paid Pend—ing eanH ng erres ❑ No Date of Notice: � Effective Date of 'Action: L_J � a SENT: ' Claimant 0 County Representative{s): -Authorized Representative(s): ❑ Witness(es): Other: ION UNDER APPEAL: Denial ,scontinuance Application Date ffective Date ❑ Notice of Action once of Action eriod of Ineli9ibdily E: Employment Requi(emEnts nempl ability Regwtemenls ❑ Employability Asscsemel,i Jcdical Veofi(aw)n O Job Searo, tlnen,pfoyal� l1y t sscssrncnr 0 w0(kfafe rl l.IKS dStiCllmr nt anC rl lrlcrpa�•On I] Jot)OU,V1,ued tui l.,usc' {1 OIlu•r ❑ Otl,�•, �� Gx� C•s:�. GENERAL ASSISTANCE EVIDENTIARY NEARING DECISION (cont'd.) RISDI ON OM 49-700• DM 49-701): Timely Filing of Appeal ❑ Challenge only to Regulation ] Untimely Filing of Appeal : ❑ Issue Outside Scope of Program Period Expired: p Good Cause IDEN E CONSIDERED CI ' ant Testimony Documentary County Testimony ❑ GA 34 Cooperation Agreement Document Date: • ❑ Assessment Appointment Notice ❑ Work Programs otice ❑ Other: ;POSMONAL FINDINGS/CONCLUSION e.evidence and testimony having been heard and considered,the following findings are reached: Claiman e6eiv d/idt receive notice of the particular assignment under review Maim was�aot capable of understanding and meeting the particular assignment under review:.. - ;- Educational ❑ Physical ❑ Emotional (DM 49-102 II B.) sidod Cause (DM 49-1 1 1 11 F) ❑ Good Cause Exists Good Cause Does I:ot Exists ❑ Employment has been obtained ❑ Scheduled Job Interview or Testing ❑ Mandatory Court Appearance ❑ Incarceration ❑ Illness ❑ Dealh in the Family ❑ Circumstances beyond rlpplrcanURecipient's control "MIfulness (Drt4,49-1 1 1 t1 H) �rJillfulness Exists (] Willfulness Does Not Exists ❑ Failure v.,as deliberate and intentional ❑ County rescinded willfulness determination O Failure vias more than a single occurrence ❑ County failed to provide sufficient evidence to ❑ Failure was the result of intentional mistake/omission establish willfulness ❑ f a1 ure wa,� jocl((alive of a pattern of non-(ooperation ❑ Other GENERAL ASSISTA& EVIDENTIARY HEARING DECOON(cont'd) SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE: The claimant was sent a Notice of Action on 1-6-93 stating that on 12-10-92, he did not attend an appointment with the counselor for a medical review. The county submitted into evidence a copy of the sign-in log for the reception desk for 12-10-92 for Work Programs . The claimant testified that he did appear on 12-10-92 and asked for the counselor but was told that the counselor was not available. The claimant was very verbose about his dissatisfaction with the entirety of the department and seemed to question the methods, behavior, attitude, and policies of the department. The claimant testified that if his name is not on the log, it is because the redt tionist refused to enter it. The record was held open for the claimant to submit a note from his grandmother verifying that he was in the office on 12- 10-92. This note was received on 2-3-93. The evidence presented by the county of the sign-in log would seem to verify that the claimant either was not present in the office on 12- 10-92 or that he did not present himself to the receptionist. On the other hand, the note handed in by the claimant would appear to overcome the evidence of the sign-in log. except for the fact that the note appears to be altered. (Copy attached to decision. ) The alteration is in the same color ink and it is impossible to tell if the alteration was done by the signer or not. In addition, the claimant was clearly instructed to mail the note directly to the hearing officer. This he did not do. Instead, he took the note to the office and had it sent via inter-office mail . Such a variance from instruction is minor but it reveals a willingness to deviate from given procedures . The upshot of all this is that the county case must be upheld. The claim is denied. ORDER: W' Denied: ❑ Claim Dismissed: ' Aid shall be discontinued and the Period of Ineligibility imposed. ❑ Aid shall be discon-inued. 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. 0 Other: ❑ Written copies of the Order were issued by 0 mail ❑ at Hearing ❑ Additional Regulatory Authority was attached to the foregoing Or r P ogram manager, Appeals Date ; CAC 23(revised 6192) G AS TAS EVIDENTIARY HEARING DECIWN(cont,d) 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) I 1 I t , �UN i 1 � � � 1 1 , tIN i 1 t i It 1 1 1 � , It t 1 � i �(/N1�Cf7o a� Toy. aowd r C4 ocial Service Department Contra ❑ "AOP-ea st -1-3 Costa (510) 313-1790 Perfecto-Villareal 40 Douglas Dr. . Director county ;� RECEIVED artinez, Ca. 94553 FEB 2 419993 GENERAL ASSISTANCE EVIDENTIA �� C 9 4ppeals Officer: Hearing Date: 'lace of Hearing: ❑ Martinez [] Antioch . t r..ic' itr7lot:d 'he proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury. �. IN THE MATTER_OF: Case#07- filing Date: 07-fiilingDate: Aid Paid Pending Hearing 8-Ye—s ❑ No Date of Notice: Effective Date of Action: . ZI'E - 2ESENT: ' Gaimant ❑ County Representative(s): ] -Authorized Representative(s): ❑ Witness(es): Other: ':DON UNDER APPEAL: ] Denial <scontinuance ❑ Application Date ffective Date ❑ Notice of Action - Notice of Action eriod of Ineligibility .,ii1:C�� UE: Employment Requirements r• n�ed, bility Requirenienis ❑ Employab(hty A!,w%Sn,en1 ve(di(alron - ❑ Jot)Searcy Q Unernployabdrtyf SSCSSrneni ❑ wort fare C] MRS assessment and pari,opal.on ❑ Job OuiU 1 ued Iur 1:+u1c' �1 011ier' ❑ 011r�r 4: • �• �'' r__.. -:�T"G'tis:.-i'S�"6-:'-�":��Y_•'r:�"�}l '�� it 41 9 GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION (cont'd.) URISDIC7GO'N DM 49-700' OM 49-701), Timely Filing of Appeal ❑ Challenge only to Regulation ❑ Untimely filing of Appeal : ❑ Issue Outside Scope of Program Period Expired: p Good Cause :VIDEN ECONSIDERED 5Cl ant Testimony Documentary County Testimony GA 34 Cooperation Agreement Document Date: ❑ Assessment Appointment Notice ❑ Work Programs tice ❑ Other: ISPOSMONAL FINDINGS/CONCLUSION.: rhe.evidence and testimony having been heard and considered,the following findings are reached: aiman eiv` di --receive notice of the particular assignment under review afraim wa capable of understanding and meeting the particular assignment under review: - :: ; . <... Educational ❑ Physical ❑ Emotional (DM 49-102 II B_) &(5�Llod Cause (DM 49-1 11 II F) ❑ Good Cause Exists Good Cause Does Not Exists ❑ Employment has been obtained ❑ Scheduled lob Interview or Testing ❑ Mandatory Court Appearance ❑ Incarceration ❑ Illness ❑ Death in the Family ❑ Circumstances beyond Applicant/Recipient's control illfulness (DM, 4(3-1 1. 1 it I1) illfulness Exists ❑ Willfulness Does Not Exists ❑ Failure was deliberate and intent,onal ❑ County rescinded wilifulnessdeterntination ❑ Failure wasLmore than a single occurrence ❑ County failed to provide sufficient evidence to ❑ Failure was the result of intentional mistake/omission establish willfulness fa re w<3; i ot(ative of a pattern of non-cooperation ❑ Other Wi_th-j.;t 1xr:�t��t�]_e GA1se cr.- 0013e --------------------- GENERAL ASSISTANCE EVIDENTIARY HEARING DE - ION1(,cont'd) SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE: The claimant was sent a Notice of Action on 1-6-93 ''starting that on 12-10-92, he did not attend an appointment with the counselor for a medical review. The county submitted into evidence a. copy of the sign-in log for the reception desk for 12-10-92 for Work Programs . The claimant testified that he did appear on 12-10-92 'a' nd asked for the counselor but was told that the counselor was no tAva'i.lable. The claimant was very verbose about his dissatisfaction ;witN the entirety of the department and seemed to question the methods';, ,behavior, attitude, and policies of the department. The claimant. testified that if his name is not on the log, it is because the re,c' ' ! onist refused to enter it. The record was held open for the claimant1y': G RAL AS TANCE EVIDENTIARY HEARING DEC*ION(cont'd) 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. ' I . •1:1 :1 I 1 I �I i ' II I 1f'. .I I i' Pi ; + CAC 23(revised 6/92) . SII. .•il• s I , - I I , LA i ,a .t i a kil1 Contra costa County v,ROUT D Social Service Department TO: � 7%e-- lgo�� PCN: DATE: 2 3 -� Please Check Correct 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) ❑ &'t/ OTHER DEPARTMENTS MARTINEZ ❑ Auditor/Controller ❑ DA Family Support ❑ County Administrator ❑ WelfareSection ❑ ❑ DA Investigations M 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 ❑ Necessary Action NOTE & ❑ Return ❑ Discussed ❑ Information ❑ Discard ❑ Recommendation ❑ File ❑ Approval/Signature COMMENTS =ROM: PCN: TELEPHONE NUMBER y !o -3i2--? R 2(Rev.2/92) ❑ SEE REVERSE FOR ADDITIONAL COMMENTS