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Home My WebLink AboutMINUTES - 03301993 - H.1 FROM: Perfecto Villarreal, Director Social Service Department DATE: March 23 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY MICHAEL JOHNSON SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Michael Johnson's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on January 13, 1993. The Hearing was scheduled for February 2, 1993, and the decision rendered on February 11, 1993. The claim was denied. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON March 30 , 1993 APPROVED AS RECOMMENDED x OTHER On March 23 , 1993 , the Board of Supervisors continued to this date the hearing on the appeal by Michael Johnson of the General Assistance Evidentiary Hearing decision. Barbara Widenfield, Social Service Appeals Staff , requested that the Board deny the appeal . Michael Johnson appeared and testified relative to his appeal . The Board discussed the matter . IT IS BY THE BOARD ORDERED that the staff recommendation is APPROVED and the appeal by Michael Johnson is DENIED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT I ) AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD CC: County Counsel ENTERED ON THE MINUTES OF THE BOARD OF • Social Service Dept. SUPERVISORS ON THE DATE SHOWN. Michael Johnson ATTESTED April 30 , 1993 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND CO9 NTY ADMINISTRATOR BY 0 , DEPUTY ✓�a �o a �� e►�v►TO �t BOW-C a s ply to: tial Service Department Contra 0 AprealS VLlI lll� � Appfals oZ-y 3-?_3 Costa (510) 313-1790 Perfecto-•i�illareal �,^, .�/ 40 Douglas Dr. Director Wl.!"ll artinez, Ca. 94553 T.. 0EIVED d 1993 GENERAL ASSISTANCE EVIDENTIAJJU'M$ c peals Officer: / Hearing Date: ce of Hearing: O Martinez (3 Antioci, rchmof:d proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury. THE MATTER OR Case 007- filing Date: /�// ��✓�j�• 'O �j� Aid Paid Pend^nHearing ^ es ❑ No Date of Notice: _ Effective Date ofAction ZIE Ez . � a SENT: ' Qalmant ❑ County Representat;ve(s): -Authorized Repreientative(s): ❑ Witness(es): Other: ION UNDER APPEAL: Denial rscontinuance ❑ Application Date ffective Date ❑ Notice of Action Oli(e Of Action eriod of Inelig'.bilily E: Employment Requifem&ntsnempl ability Repuaements O Employab,lay nsscssnt(r1 _ ✓cdi<al Vcr,i,(2t.on O Job Seato, I1 Urrernployat),I11y/sseslrnenl ❑ Wo(k ia(c (l 1-18')as%essmcnl 2nd pan,c,pai.on ❑ Job Oulu I siva 1U, l.rvc' OIlv•r (1 0 W04.0101) D o11r�.r r� cbaj 03_'� GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION (cont'd.) RISDI ON DM 49-700- DM 49-701): Timely Filing of Appeal Q Challenge only to Regulation ] Untimely Filing of Appeal ; Q Issue Outside Scope of Program Period Expired: ❑ Good Cause DENCE CONSIDERED Cl ant Testimony Oocurnenta ry County Testimony Q GA 34 Cooperation Agreement . Document Date: ❑ Assessment Appointment Notice Q Work Programs otice ❑ Other: POSITIONAL FINDINGS/CONCLUSION e.evidence and testimony having been heard and considered,the following findings are reached: Claiman ec"eiv• d/id�+8t receive notice of the particular assignment under review efaim wa capable of understanding and meeting the particular assignment under review:•- Educational ❑ Physical ❑ Emotional (DM 49-10211 B-) P66d Cause (DN1 49-1 1 1 If F) C] Good Cause Exists Good Cause Does Not Exists 0 Employment has been obtained Q Scheduled Job Interview or Testing ❑ Mandatory Court Appearance ❑ Incarceration ❑ Illness O Death in the Family [] Circumstances beyond Applicant/Reopienl's control 4)111fulness (DIV/49-1 1 1 It 1i) Willfulness ExIS15 Q Willfulness Does Not Exists 0 Failure vias deliberate and intentional ❑ County rescinded willfulness determination ❑ Failure was more than a s,ngle occurrence ❑ County failed to provide sufficient evidence to ti C) failure vias the result of intentional mistake/omission establish willfulness O f a• u(e wzja) inaA(ative of a pattern of non-cooperation ❑ 011ier [ 1i_ Las u t;r)- r- ;�rt3b1� car,- a- ��sse GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION(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 red4tionist 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: ICY C �m 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. ❑ Other: ❑ Written copies of the Order were issued by ❑ mail ❑ at Hearing ❑ Additional Regulatory Authority was attached to the foregoing Or r !� P ogManagei-, Appeals Date ; ram CAC 23(revised 6/92) G AS TANCE EVIDENTIARY HEARING DECISION(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 CAC 23(revised 6/92) I ` 1 `UN r t Y' tis \ e. Y!