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Home My WebLink AboutMINUTES - 03231993 - H.3C FROM: Perfecto Villarreal, Director Social Service Department DATE: March 23, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY SHIELA MCCAULIE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board dismiss Shiela McCaulie's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on August 25, 1992. The Hearing was scheduled for November 23, 1992, and the decision rendered on January 4, 1993. The claim was denied. The Social Service Department has resolved this matter in Ms. MacCaulie's favor. The appeal is moot. Signature:(:Z 0-, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON March 23 , 1993 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS: X UNANIMOUS (ABSENT z z ) AYES: NOES: ABSENT: ABSTAIN: cc : Social Services Appeals Unit I HEREBY CERTIFY THAT THIS IS A TRUE AND Program Analyst CORRECT COPY OF AN ACTION TAKEN AD County Counsel ENTERED ON THE MINUTES OF THE BOARD OF Shie 1 a McCau 1 ie SUPERVISORS ON THE DATE SHOWN. Ralph Murphy- CC Legal Services ATTESTED March 23 , 1993 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS A COUNTY DMINISTRATOR BY , DEPUTY I � r H. 2c THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 9, 1993 by the following vote: AYES: Supervisors Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: Supervisor Powers ABSTAIN: None --------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: Hearing On Appeal From Administrative Decision Rendered On General Assistance Benefits Filed By Sheila McCaulie This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by Sheila McCaulie from the administrative decision rendered on General Assistance benefits. Jewel Mansapit, General Assistance Program Analyst, Social Services Department, advised of the Department' s agreement with a request from Ralph Murphy, Contra Costa Legal Services Foundation, for a continuance of the above appeal to March 23, 1993 at 2: 00 p.m. IT IS BY THE BOARD ORDERED that the above appeal by Sheila McCaulie is CONTINUED to March 23 , 1993 at 2: 00 p.m. in the Board Chambers. 1 hereby certify that this is a true and Correct copy of an action taken and entered on the minutes of the Board of SuI ora on the date shown ATTESTED:ATTESTED: GLa 9. , qTPHILCHELOR,Clerk of the Board upervisond County Administrator Orig. Dept. : Clerk of the Board �h... . V Social Services Dept. By , Deputy Jewel Mansapit Sheila McCaulie Ralph Murphy CC Legal Services Foundation LAW OFFICES OF • CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue West County(510)233-9954 P.O. Box 2289 East(510)439-9166 Richmond,California 94802 Central(510)372-8209 Fax(510)236-6846 March 8, 1993 Clerk, Contra Costa County Board of Supervisors County Administration Building 651 Pine Street Martinez CA 94553 Re: Sheila McCaulie Sheila McCaulie has a G.A. appeal scheduled before the Board on March 9th at 2 p.m. . Assistant County Counsel Kevin Kerr and the Department of Social Services have agreed that this matter should be postponed for two weeks to March 23rd at 2 p.m. Could you please have the matter postponed accordingly? Thank you for your time on this matter. RECEIVED l Ralph Murphy Meq 9 1993 Staff Attorney RM:me CLERK BOARD OF SUPERVISORS L. CONTRA COSTA CO. • LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue West County(510)233-9954 P.O. Box 2289 East(510)439-9166 Richmond,California 94802 Central(510)372-8209 Fax(510)236-6846 March 8, 1993 Clerk, Contra Costa County Board of Supervisors County Administration Building 651 Pine Street Martinez CA 94553 Re: Sheila McCaulie This corrects the dates on the recent letter I faxed to you. Sheila McCaulie has a G.A. appeal scheduled before the Board on March 10th at 2 p.m. . Assistant County Counsel Kevin Kerr and the Department of Social Services have agreed that this matter should be postponed for two weeks to March 24rd at 2 p.m. Could you please have the matter postponed accordingly? Thank you for your time on this matter. D Ralph Murphy Staff Attorney RM:me � b . - § \, ? � k a $ 7 . t \ 0 \ ^ \ ® � � d o § - . Cl) \ $ s r . � ® � } � a � w Ute @ %& / o � Id. / U / kt % %0 0 L % � k � � \ � %\ � Q 0 -�I i"-�H. �� rl• Z r _:i: �_'��_� i,..'. ?.w „��'�. ' • r�, . �I .iii., � , � V J _ L _ LAW OFFICFS OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue West County(510)233.9954 P.O.Box 2289 Feet(510)439-9166 Rlohmond,California 94802 Central(310)372.8209 Pax(510)236-6846 March Gr 1993 Clerk, Contra Costa County Board of Supervisors County Administration Building 651 Fine Street Martinez CA 94553 Re: Sheila McCaulie Sheila McCaulie has a G.A. appeal scheduled before the Board on March 9th at 2 p.m. . Assistant County Counsel Kevin Kerr and the Department of Social Services have agreed that this matter should be postponed for two weeks to March 23rd at 2 p.m. Could you please have the matter postponed accordingly? Thank you for your time on this matter. Ralph Murphy 7 Staff Attorney RM:me LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue West County(510)233.9954 P.O. Box 2289 East(510)439-9166 Rlohmond,California 94802 Central(510)372.8209 Fax(510)236-6846 March 8, 1993 Clerk, Contra Costa County Board of Supervisors County Administration Building 651 Pine Street Martinez CA 94553 Re: Sheila McCaulie Sheila McCaulie has a G.A. appeal scheduled before the Board on March 9th at 2 p.m. . Assistant County counsel Kevin Kerr and the Departmont of Social Services have agreed that this matter should be post, vk-'�d for two weeks to March 23rd at 2 p.m. Could you please h&VL- the matter postponed accordingly? Thank you for your time on this matter. Ralph Murphy Staff Attorney RM:me CLERK OF THE BOARD A Inter - Office Memo TO: Social Services Department DATE: February 22, 1993 Appeals and Complaints Division FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk O-t-'� SUBJECT: Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed by Sheila Mccaulie 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, March 9 , 1993 . Attachment cc: Board Members County Administrator County Counsel GA Program Analyst-SS Dept. 40Douglas Drive The.-Board of SupervOrs Contra CWk ' County Administration Building Costa and �3n-071 651 Pine St., Room 106 Martinez, California 94553 Tan Powers,1st District Many C.Fanden,2nd District Robert I.Schroder.3rd District Sunne Wright McPeak,4th District Tom ToAakson,5th District February 18 , 1993 Sheila McCaulie 147 lst Street Richmond, CA 94801 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 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 Serv ' rs a County Administrator By q Ann Cer i , Deputy Clerk Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF WERVISORS OF CONTRA COSTA COUNTY, 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 tiled 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. r. 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 Isoard 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 .xhe, appeal is based are not in dispute, or if any, dispute.d.,ropts!-are' not relevant to the issue ultimately to be decided by .the Eoard•, the Board will proceed ` immediately to the next -step,..XLtt out -considering fact questions. The parties may stipulate ,to•ah &(;reed set of facts . 4. Once the facts are determined, or if there are no fact determinations required.15i tti4U 'bhl, the Board will consider legal issues •presented- by-`the- 7appbal. 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...Board4.1 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, z•eserving; its final .judgment until it receives such advice. -1- RESOLUTION NO. 75/28 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. � 4 ' 7. The Board may contra ct• 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 off' 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. PASSED on January 111 , 1975, unanimously by the Supervisors present . . URTMED COPY I oertify that this is a fun, true a correct copy of the original document which is on file to my offtee, and that it was passed d: adopted by the Board of Supervisors of Contra Costa County, California, on the date shown,ATTEST: J. R. OLSSON, County Clerk!e=vfficlo Clerk of said Board of Supervisors, by DOD Clerk, on JAN 1g 1975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator Re: notice of appeal of unfavorqable Em.s ecificall address the sacntion issu p y 23 February 2,19934SDear Board of Supervisors: 5 I am serving a GA sanction I have already served. It is summary below. 6 1. I received a negative GA decision dated January 4. 7 2. I was cut off in August and timely appealled the notice. 8 3. When I asked for my 10/92 GA appeal to be postponed, 9 it was granted but my aid paid pending taken away despite the fact that the appeal was pending. 10 4. The appeal was held 11/23, and now I have been 11 snactioned for a GAADDS alleged failure that I still disagree with. However, the point of this appeal is 12 5. The implication of the 1/4/93 appeal decision is that 13 I am to serve a sanction. the decision also acknowledges that aid paid pending stopped 10/27. The notice of Action from 14 August was enforced, not just the concept of postponement. 15 WHEREFORE, claimant believes this Board should make a finding that I have already served my sanction. The most important 16 thing to rememberIwas not on GA since NOVEMBER 1 1992 due to the appeal money stopping, 17 6. Although I have other appeal going, this Board 18 appeal is about th 1/24 notice, which on its fact to this honorable board shouldreflect that due to aid ceasing 19 that I had already served my sanctioned retroactily. Thereo, to apply in NOW poses a risk of unbdue burden 20 AND LEGALLY INCORRECT. Please review the decision and RSVP. 21 THANK Y OU VERY MUCH. 22 Sin a el , 23 r- 24 SHEILA MC AULIE 25 26 f- S . 27 Ff-cf4motOO, CA . 28 q q 0 ) • r • Re: notice of appeal of unfavorqable GA ' 1 specifically address the sacntion issu ECEI V I i I 2 �. FEB - 41993 3 February 2,1993 CLERK BOARD OF SUPERVISORS 4 Dear Board of Supervisors: CONTRA COSTA CO. 5 I am serving a GA sanction I have already served. It is summary below. 6 1. I received a negative GA decision dated January 4. 7 2. I was cut off in August and timely appealled the notice. 8 3. When I asked for my 10/92 GA appeal to be postponed, 9 it was granted but my aid paid pending taken away despite the fact that the appeal was pending. 10 4. The appeal was held 11/23, and now I have been 11 snactioned for a GAADDS alleged failure that I still disagree with. However, the point of this appeal is 12 5. The implication of the 1/4/93 appeal decision is that 13 I am to serve a sanction. the decision also acknowledges that aid paid pending stopped 10/27. The notice of Action from 14 August was enforced, not just the concept of postponement. 15 WHEREFORE, claimant believes this Board should make a finding that I have already served my sanction. The most important 16 thing to rememberIwas not on GA since NOVEMBER 1 1992 due to the appeal money stopping, 17 6. Although I have other appeal going, this Board 18 appeal is about th 1/24 notice, which on its fact to this honorable board shouldreflect that due to aid ceasing 19 that I had already served my sanctioned retroactily. Thereo, to apply it NOW poses a risk of unbdue burden 20 AND LEGALLY INCORRECT. Please review the decision and RSVP, 21 THANK Y OU VERY MUCH. 22 Sin a el , 23 24 SHEILA MCCAULIE 25 26 ► f �/. 2s}- S 27 �iCt-1m0rl)(Jj CA 28 q`t (1 o `V 4 , `-3 M r1 M_., 5JR8 1 rOA 1,14 1