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HomeMy WebLinkAboutMINUTES - 05111993 - H.3 �. 3cw FROM: Perfecto Villarreal, Director Social Service Department DATE: May 11, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY GARY PRINGLE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Gary Pringle's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on January 26, 1993 and February 18, 1993. The hearing was scheduled for March 24, 1993. Claimant did not appear for the hearing. The claim was denied. The Social Service Department agrees to reschedule Mr. Pringle's hearing. The issue is moot. Signature: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON May 11 , 1993. 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 Gary Pringle.. Jewel Mansapit, General Assistance Program Analyst, Social Service Department, presetned the staff recommendation. The appellant did not appear to testify. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED: and the appeal of General Assistance Evidentiary Hearing decision by Gary Pringle is DENIED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Social Service Dept. Appeals Unit ATTESTED May 11 , 1993 Program Analyst PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel. SUPERVI RS 7 COUNTY ADMINISTRATOR Gary Pringle BY 0 , DEPUTY 2� -ECEIVED _ APR -- -1993 CLERK BOARD OF SUPERVISORS RA COSTA CO. I;91f- 7 ' ' Social Service Department 'Contra Please reply to 40 Douglas Drive Perfecto Villarreal1 0C}� Martinez.California 9=553- C Director Costa County ,;E C 1� . EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #C-461612-A4AG Date of Notice: Gary Pringle Date of Action: 3083 Willow Pass Rd. Filing Date: 2/18/93 & Concord, CA 94519 1/26/93 STATEMENT OF FACTS An Evidentiary Hearing was scheduled for March 24, 1993. Claimant was duly notified of the date, time and place of Hearing via letter March 10, 1993. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision, you may in writing, within 30 days of the date of this Decision appeal the matter directly to the Contra Costa County Board of Supervisors . Appeals to the Board of Supervisors must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553 . You must submit you appeal within 30 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF SUPERVISORS IS NOT AVAILABLE. Date: March 30, 1993 Kate' Social Service Appeals Officer KQ/nf Socia Service Department Contra Please reply to. 40 Douglas Drive Perfecto Villarreal Costa Martinez.California 94553-4068 Director J County 3/10/93 �_ od GARY PRINGLE 3083 Willow Pass Rd. Concord, CA 94519 Re: 461612 EW: A4AG Filing Date: 2/18/93 Dear GARY PRINGLE We have received your request for an Evidentiary Hearing about your. General Assistance benefits. Your hearing is scheduled for: Location: 40 Muir Rd. Martinez, CA 94553 Date: 3/24/93 Time: 9: 00 AM Because 7 or more hearings are scheduled for the same hearing time, it may be necessary for you to wait for some time before your case is called. Cases will be heard on a first-come first serve basis. The Hearing Officer will appreciate your patience. If you are unable to attend the hearing, please call 313-1790 If you do not attend, the Hearing 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. SOCIAL SERVICE APPEALS UNIT KQ/nf a- a I v 9 #-%%0 a a%0 a's ERAL ASSISTANCE PROGRAA . ...... DEL.1/93 NOTICE DATE 'y .1-9 A CASE NAME PR L F ;k NUMBER 1112-14�, 14.1 1 C WORKER NAME h':S T F.l L L NUMBER A It A.; TELEPHONE 646-202P, ADDRESS 33 IUTF ROAC MART INET CA c?4 5 r:I Questions?Ask your Worker. )RESSEE) 31 secoatte me troducel6n do 4stc, ilost a am trabojodor(a) Ila Oagibi 11h 19c vil Th&Olnh Vidn e4s sInh nfm 4- bJ- dich F A R Y I P.4-LE ;r&3 siLL OW PASS ROAD t-e-NIC-RD, CA Y )U.R GrENL`\AL. ASSISTANCE . WILL _SE 01SCONTINUED EFFECTIVE JAN 31 'r 1 -7'43 EP-CAL"'E YOU HAVE DEMONSTRATf7n, !WILLFUL NlN(:noPcRAYIcfl CR NCNCOMPLIANCE Q U.1 P E ME IN T 3 fl F T H F G F P.AL ASC I S TA N E AL C WITH T11F RE C CHOL DRUG DIVERSION S-RVICE 3Y FAILING TO MEET YOUR IMESPONSI 9ILT TIES.- WITHOUI GOO') CAUSE IN r,::t-_L r f- IC T HEE S E r)r � I-'qS TANC F S DATE 19= FAT-LIURE( S) 4AT!jRc q_ F FArLURES) 11�3 j. v Ot-CAUSE n7- THE.`'r FAII URFS YOU WTIL I""E:LT4G rE!L'-: TO GENERAL F:3R OF 01<6.14F MONTH THREE MONTHS I STX MONTHS IT Y Ctj `T. 'Cl. REAPPLY FOR A 11 KS 10 TAMC[l YOU MAY AGAIN IF 7 1 N G UPON NOUR C I AID 1314 0,F PEN: 1�� irs QR AFTT-P. C 1 -7.C U!'.3 C, S AT THAT TIME. A Y F_I►If?. TA I L Jl "',E TO M 11:E T THE r-Lif-7131LITY REQUIREMENTS CF THE ';ENf-'-PPL As-,,' c,TA?.'_�_:­ALC.0H9, L. .DRUf, DlVFRSI ')N S;!_7RVlCE MAY RESULT IN AN(:T-if:R . 10FRIOD C�- I NEL 74 -.13 ILITY. 1­7 Yek'U ANY QUESTIONS, OR YOU 3v-LlEVf-:: THIS .ACTION IS INC,3Rf.r_:CTs Cp Y:"i in'A.S tv J 'GIVE YOUR REASONS W!HY YOU THINK ANY FAIL' URE TC CJCPfRA,T E.". CR T , �_ - . ! y C.t,, ) T tj (_.A P .::Q U I R f M,VIN,vi S H O'L)L;) =X CJ SE'U'v Y 0 U A.R F_ E .1'r, I-, L C-0 T C TI%L.,, T-! e 144TH Y'-'LR __!L !f_, T" rLTTY WORKER CR TIAE TH17 ACTION T; RFQUlRFD C)Y TH'E FnLLOWINE�. LAWS ANWOR REGULItTfs-NIS (I�CT r!",!S : 1" A P L A 7 r A p.r. Q C p-r C T A L Jwl N z 4, 00-1 ­ I p p[- 7 )L iH(5/87) 'vr v • ■ava vvr✓ a-av ava• VV VI\ 1 A VI :RAL ASSISTANCE: PROGRAt. . GA 239 ti DEL.1/93 NOTICE DATE :'I—L 9", Q 4 CASE NAME PR I.'I,;L L. GA V Y NUMBER 9,2—:)46 CO—i1 WORKER NAME rj h C S T F A L L NUMBER A4 A;; TELEPHONE "Sit 6—202e. ADDRESS 30- tit U I R ROA E MARTINEZ CA 94553 :Questions?Ask your Worker. 91 neeaalta ma tradueel6n de Pato, llama a au trabajador(a) RESSEE) xln'�aibi 114n Ifo .dl rbi:81n11 vlin Doe.010h niu rie bin d;ra rG,AR Y PR IN GL E - 3CL'3 4ILLOW PASS R AC CCUCKI-r CA 9Y5j9 L J YOUR G-r--NERAL ASSISTANCj_ ''BILL 3f_ CISC ONTINUED EFFECTIVE JAN 31• 1993 BECAUSF YOU -HAVE �)f-Ltn,NSTRAT£^ WILLFUL NONCOOPERATICIN OR PICNO-IMPLIANCE I WITH v1[.PK 'RCIGPAl? Rf4'Ul: !=wENTS RY FAILURE: TF1 MEET YOUR RESP0�ISIEILITIES 4iITHOUT -0-090 CAU:iE IN THESE SPECIr'I£ INSTANCES: . S)A,T+_ ;7F FATL'1RF (•S) NATURE OF F AILURF (S) L f r Ez-:CAUSE• OP THESE FAIL.'!^rS Y:"'jU WILL SE INELICIaLE TO GENERAL ASSISTANCE FDR A [•'ERI'7J 0f . t ) THREE MONTHS ( 1 S,I x MONTHS 1•. iF YCU:.s I`' 9 rf Fk_MPFLY FOR vEF; ASS IS TAMC E-P' YCU MAY A AIN... BE. EL IG I3L.` r.� AIF' '?". ne �ycT£r % -- OEr'CNDING UPON YCU'; iIRCU[ STC, ;Ci: S „T TNA I TIME. ANY FURTHER Tom' MEET THE ELIC.IBILITY PCQUIREMENYS OF ;.NERAL. AS SISTA.P; 3 0- •CLERR OF THE BOARD • H. i Inter - Office Memo TO: Social Services Department DATE: April 26 , 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 Gary Pringle 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, May 11 , 1993 . Attachment cc: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive tchelor The Board of Supervisor♦ Contra • Cle'rklofttheBoard and County Administration BuildingCta County Administrator Costa 651 Pine St., Room 106 `7 (510)646-2371 Martinez, California 94553 County Tom Powers.list District Jeff Smith.2nd District Gayle Bishop.3rd District Sunns Wright McPeak 4th District •:;; ` \.• Tom Torlakson.5th District 1yttt��.<i Gid... O.0_..... April 26 , 1993 Gary Pringle 3083 Willow Pass Road Concord, CA 94519 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, May 11 , 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 rvi ,rs ai Al d County Administrator B 1 EO Y Ann Ce'i7venfir Deputy Clerk Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF SUOVISORS OF CONTRA COSTA COUNTOCALIFORNIA Re: General Assistance ) Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14, 1975) The Contra Costa County Board of Supervisors R-ESOLVES 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 711/365f and this Board therefore estab—• lashes 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 (late 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 Hearin; 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 the. appeal is based are not in dispute, or if any. dispute.d,,r.,pts',are' not relevant to the issue .;,. ultimately to be decided by the Board', the Board will proceed immediately to the next ateR•,yitboutconsidering fact questions . The parties may stipulate ,to•.an e.f;'reed set of facts . 4 . Once the facts are determined, or if there are no fact determinations required-.ey' ttijUrr 1&1, the Board will consider legal is suds -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 Boerd 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- RESOLU'T'ION 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. � � '- • 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 . 1 through ,4 -above,, and shall recommend .a proposed decision, stating findings or fact and summarizing the reasoning of the proposed decibion. 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 Ili , 1975, unanimously by the Supervisors present . URTMED COPY I certify that thls is a full, true ! correct tory of the original document which is on file in my offlee, and that It was passed A adopted by the Board of Supervisors of Contra Costa County, California, on the date abown. ATTEST: J. R. OLSSON, County Clerk A e:offlclo Clerk of Bald Board of Supervisors, by Debut Clerk. 1 41975 cc : Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator ECEIVED FAPR 1 4 1993 CLERK BOARD OF SUPERVISORS - I COhrrRA COSTA CO. C4�- 741-7 Ile It . 17 ell � r ' CENED _ APA 191931 [unx eoano OF SUPERVISORS iL CONTRA COSTA CO. ooq t FROM: Perfecto Villarreal, Director Social Service Department DATE: May 11, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY SEAN ROBINSON - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Sean Robinson's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on March 2, 1993. The hearing was scheduled for April 2, 1993. Claimant did not appear for the hearing, and did not seek a postponement. The claim was denied. Signature: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON May 11 , 1993 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 Sean Robinson. Jewel Mansapit, General Assistance Program Analyst, Social Service Department, presented the staff recommendation. The appellant did not appear to testify. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and the appeal of General Assistance Evidentiary Hearing decision by Sean Robinson is DENIED. - VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: - I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Social Service Dept. ATTESTED May 11 , 1993 Appeal Unit PHIL BATCHELOR, CLERK OF THE BOARD OF Program Analyst County Counsel SUPERVISORS ND CO NTY ADMINISTRATOR Sean Robinson BY , DEPUTY Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County ce L r'p ►C� sT{ COV% EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #474142-W4NJ Date of Notice: 3/08/93 Sean Robinson Date of Action: 3/31/93 6214 Ralston Ave. Filing Date: 3/02/93 Richmond, CA 94805 Hearing Date: 4/02/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for April 2, 1993. Claimant was duly notified of the date, time and place of Hearing via letter March 23 , 1993. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision, you may, in writing, within 30 days of the date of this Decision, appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals to the Board of Supervisors must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553 . You must submit you appeal within 30 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF SUPERVISORS IS NOT AVAILABLE. Date: April 6, 1993 Carole Allen Social Service Appeals Officer CCA: sls • Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 s Director J County SE L 3/23/93 j '+ COIiV� SEAN ROBINSON 6214 RALSTON AVE. RICHMOND, CA 94805 Re: 474142 EW: W4NJ Filing Date: 3/02/93 Dear SEAN ROBINSON 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 94801 Date: 4/02/93 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 some time before your case is called. Cases will be heard on a first-come first serve basis. The Hearing Officer will appreciate your patience. If you are unable to attend the hearing, please call 313-1790 If you do not attend, the Hearing 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. Social Service Appeals Unit CA: sls �00 wLk9� 5 scfiA) kDbl wSaJ , y , 4 Coiej-h Gcijt-of) tqss lskgq cc bE;Ili di'sc �,QUCd - c,l-YDAoflc4i K-G' ��C.yw-1"v►'lC�t-�- -{�'� C iia.� I to (m,*ck) V�,Lloim 4-C C-III/ .11 (JA AmMj o4es. Vi=i dd 5. h. 4od !j kRoc 4 wvq-4 1^'\y C►fi��t 1 '7AjI4S LvJA ( T l`A\ U,iel lik C� 'L1 IS ,� � l Ic-f4Lc 4v �r{- ytu) k-�,c)Lo -f L��5 is, my �sff4pl bl,�.<<C ml S�r�� �;;���c�s�d h i4t)E d C)o sOF" flvYl 51 w(-C 2 t '11-O a L+ ;JEECI 4-k\s pgSs i s�4 qc;F I� L)�--e 4-u V i,od ai 0b je vvo � 5 Aq 4le ,d l kEE a t2coc a>fzf rn 'kends I You ' G ti- IOTICE OF PROPOSED ACTION sa: COUNTY OF r,.. ,ENE RAL�ASSISTANCE PROGRAM `r` CONTRA COSTA f;f G� 239 H • DEL.10/92 NOTICE DATE C3-08-93 W4NJ • R CASE NAME ROBINSON SEAN NUMBER Sr2-0474142-00-0 WORKER NAME R KI MBLE NUMBER W 4N J TELEPHONE 374-3947 ADDRESS 3431 MACDONALD AVENUE RICHMOND CA 94805 Questions? Ask your Worker. Si necealt■ un■ traduccl6n de fate, llane a au traba,)ador(a) ;ADDRESSEE) Iin ling I bi lion l,c vA Thio Dinh vlen cua .inn niu cin bin dlch F SEAN D ROBINSON 6214 RALSTON AVE RICHMOND CA 94805 L J YOUR GENERAL ASSISTANCE WILL BE DISCONTINUED EFFECTIVE MAR 319 1993 BECAUSE YOU HAVE Df MONSTRATED WILLFUL NONCOOPERATION OR NONCOMPLIANCE WITH WORK PROGRAM REQUIREMENTS BY FAILURE TO MEET YOUR RE PONSIBILITIES WITHOUT GOOD CAUSE IN THESE SPECIFIC INSTANCES: DATE OF FA U FSS) NATURE OF FA�(S) 9 �b BECAUSE OF THESE FAILURES YOU WILL BE INELIGIBLE TO GENERAL ASSISTANCE FOR A PERIOD OF ONE MONTH. IF YCU WISH TO REAPPLY FOR GEN ISTANC E• YOU MAY AGAIN BE ELIGIBLE TO AID ON OR AFTER DEPENDING UPON YOUR CIRCUMSTANCES AT THAT TIME. ANY FURTHER FAILURE Tn MEET THE ELIGIBILITY REQUIREMENTS OF GENERAL ASSISTANCE MAY RESULT IN ANOTHER PERIOD OF INELIGIBILITY. IF YOU HAVE ANY QUESTIONS9 OR YOU BELIEVE THIS ACTION IS INCORRECT9 OR YOU WISH TO GIVE YOUR REASONS WHY YOU THINK ANY FAILURE TO COOPERATE OR.. TO COMPLY WITH GA REQUIREMENTS SHOULD BE EXCUSED• YOU ARE ENTITLED TO TALK APQUT THESE THINGS WITH YOUR YORKER OR THE SUPERVISOR. 1 THIS ACTION IS REQUIRED RY THE FOLLOWING LAWS AND/OR REGULATIONS DEPARTMENT MANUAL SECTIONS: 49-102 APPLICATION AND RECEPTION 49-111 DISCONTINUE• GOOD CAUSE• WILLFULNESS AND PERIOD. OF IjEEIGIBILITY 49-210 E P OYABLE PROGRAM 51-500 EMPLOYMENT SERVICES BOARD RESOLUTION 92/553 GA239 CISC- FAILED TO "EET EMPLOYMENT REQUIREMENT' POI 081-1 3A 239H(5/87) 030593 H Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director J County J � sr c-t�`ItiC,` EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #474142-W4NJ Date of Notice: 3/08/93 Sean Robinson Date of Action: 3/31/93 6214 Ralston Ave. Filing Date: 3/02/93 Richmond, CA 94805 Hearing Date: 4/02/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for April 2, 1993. Claimant was duly notified of the date, time and place of Hearing via letter March 23 , 1993. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision, you may, in writing, within 30 days of the date of this Decision, appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals to the Board of Supervisors must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553 . You must submit you appeal within 30 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF SUPERVISORS IS NOT AVAILABLE. Date: April 6, 1993 Carole Allen Social Service Appeals Officer CCA: sls Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County 3/23/93 lq C°Ol!ti'ftti'•'�' SEAN ROBINSON 6214 RALSTON AVE. RICHMOND, CA 94805 Re: 474142 EW: W4NJ Filing Date: 3/02/93 Dear SEAN ROBINSON 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 94801 Date: 4/02/93 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 some time before your case is called. Cases will be heard on a first-come first serve basis. The Hearing Officer will appreciate your patience. If you are unable to attend the hearing, please call 313-1790 If you do not attend, the Hearing 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. Social Service Appeals Unit CA:sls 1 CC ooc,49 Cooedlk ce H Ab�$JSDA) 0 vv _ . c wt oo _ s� Is4-p-�cc � iu� Chi Ski x�v - .. �� 3 a-��3 � mat S �r►�.t.�� ��� �-o �� 97401C.- Y A)tlwdoW c611 m 6q� Ammed Wks- 1-',dd 5�g 40 Id hAuc �a De i - *Dvvv vvkwow-Lee - C�4 ,.7AP-s wk T � wjei i Ilo Dv A�l4sp oi�' � 4 � 5 good. -v rcoe d -OFe-/ ME w�2c-�-►�� -H'tis , Y - . S�WC�2� 1�'1�atr f- wd T�t4SS 1 � 9JC 9 ir, ,-omj- kwA &:)v- wiA�-4D a- o� oxo 5 iok- yo rte' m �C� • � y { � l i 1 1 OTICE OF PROPOSED ACTION COUNTY OF ENERAL ASSISTANCE PROGRAM CONTRA COSTA .Ab GA 239 H DEL.10!92 NOTICE DATE G3-08-93 W4NJ • R CASE NAME ROBINSON SEAN NUMBER 52-0474142-00-0 WORKER NAME R KI MBLE NUMBER WIN J TELEPHONE 37'4-3947 ADDRESS 3431 MACDONALD AVENUE RICHMOND CA 94805 Questions?Ask your Worker. 53 ne.eaita una traducei6n de fat., llaee a au trabajador(a) DDDR ESSEE) xin 8nf/De lifn lie eel Th"Ginn vifn cua aInn ns. cin e1. di.cn F SEAN D ROBINSON 6214 RALSTON AVE RICHMOND CA 94805 L J YOUR GENERAL ASSISTANCE MILL BE DISCONTINUED EFFECTIVE MAR 31 . 1993 BECAUSE YOU HAVE DEMONSTRATED WILLFUL NONCOOPERATION OR NONCOMPLIANCE WITH WORK PROGRAM REQUIREMENTS BY FAILURE TO MEET YOUR RE PONSIBILITIES WITHOUT GOOD CAUSE IN THESE SPECIFIC INSTANCES= DATE OF FA U EN3) NATURE OF FAILU (S) BECAUSE OF THESE FAILURES YOU WILL BE INELIGIBLE TO GENERAL ASSISTANCE FOR A PERIOD OF ONE MONTH. IF YCU WISH TO REAPPLY FOR GEN L ISTANCE• YOU MAY AGAIN BE ELIGIALE TO AID ON OR AFTER DEPENDING UPON YOUR CIRCUMSTANCES AT THAT TIME. ANY FURTHER FAILURE Tn MEET THE ELIGIBILITY REQUIREMENTS OF GENERAL ASSISTANCE MAY RESULT IN ANOTHER PERIOD OF INELIGIBILITY. IF YOU HAVE ANY QUESTIONS9 OR YOU BELIEVE THIS ACTION IS INCORRECT• OR YOU WISH TO GIVE YOUR REASONS WHY YOU THINK ANY FAILURE TO COOPERATE OR.. TO COMPLY WITH GA REQUIREMENTS SHOULD BE EXCUSED• YOU ARE ENTITLED TO TALK ABOUT THESE THINGS WITH YOUR WORKER OR THE SUPERVISOR- THIS ACTION IS REQUIRED BY THE FOLLOWING LAWS AND/OR REGULATIONS . DEPARTMENT MANUAL SECTIONS: 49-102 APPLICATION AND RECEPTION 49-111 DISCONTINUES GOOD CAUSE, WILLFULNESS AND PERIOD, OF 49-210 EMPLOYASL PROGRAM 51-500 EMPLOYMENT SERVICES BOARD RESOLUTION 92/553 GA239 CISC- FAILED TO "SET EMPLOYMENT REQUIREMENTf'= POI 081-1 a 239H(5/87) 030593 H CLERK OF THE BOARD Inter - Office Memo TO: Social Services Department DATE: April 26 , 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 Sean Robinson 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.mon Tuesday, May 11 , 1993 . Attachment cc: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive The Board of Supervisors Contra • Ctehklo�thehBoard and County Administration BuildingCosta County Administrator 651 Pine St., Room 106 (510)646.2371 Martinez,,California 94553 County Tom Powers,1st District Jeff Smith.2nd District Gayle Bishop.3rd District Sunne Wright McPesk 4th District t Tom Torlakson.5th District April 26 , 1993 Sean Robinson 6214 Ralston Avenue Richmond, CA 94805 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, May 11 , 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 S per sors a d County Administrator By 0 ji Anrl Cerve I I i DiFputy C erk Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF SU4WISORS OF CONTRA COSTA COUNTOALIFORNIA Re: General Assistance ) Appeals Procedure ) RESOLUTION 140. 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 71+/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 ,Offleer. 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 .yhe. appeal is based are not in dispute, or if any. dispute.d..rap p!;are' not relevant to the issue ultimately to be decided by .the Board, the board will proceed immediately to the next spep,�Xlthout ;considerInF fact questions. The parties may stipulate ,to "8n agreed set of facts. 4. Once the facts are determined, or if there are no fact' determinations require d:bythgUrptal, the board will consider legal issues 'presented- by `tha -appeal. 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..Boardel 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. 75/24 , 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 contra ct, wlth :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 decibion. 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. j PASSED on January 111 , 1975, unanimously by the Supervisors present . MTIlIED COPY I certify that this to a NII, true ! correct copy of the original document which Is on file In my offlie, and that it was passed & adopted by the Board of Supervisors of Contra Costa County, California, on the ditto shown. ATTEST: J. R. OLSSON, County Clerk !*:officio Clark of said Board of Supervisors. by D*put Clerk. _IaN 1 41975 cc: Uirector, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator 7FAPR EIVED 1 31983 -' CLERK BOTRAOCOSTA CO SUPERVISORS "w""�7 i�+5��7 ��V lC./�� • 233-- -is r RECEIVED 7 APR 1 310 • - - - CLERK BOARD OF SUPERVISOR CONTRA COSTA CO. isop-xd Ord sclomInvej, r `J RC1 Ec/E!� lgi1y 0 vd404 a ej lt*ae e5;?o^ y 4ce �� ddb,t�af � � c5eAll 1 �I iqI ee. cA L4�CE k►Ci2� -� ,�f.5 cJ�1 Z J 1 to 0 (n LL. 94s 4�4; cn cr) VO H. 3 c THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 11, 1993 by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN:None SUBJECT: Hearing On Appeal Of General Assistance Evidentiary Hearing Decision By Charlie Burke. This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal of the General Assistance Evidentiary Hearing decision by Charlie Burke. Jewel Mansapit, General Assistance Program Analyst, Social Service Department, presented the staff recommendation for denial of the appeal . Ralph Murphy, Contra Costa Legal Services, 1017 Macdonald Avenue, Richmond, attorney representing the appellant, Mr. Burke, appeared and presented issues regarding why Mr. Burke had not kept his GAADDS appointment, and why he had not provided medical verification for his failure . The Board discussed the matter. Charlie Burke, appellant, appeared and testified on his medical condition and his reason for not keeping his GAADDS appointment . Ms . Mansapit advised that there was no verification of Mr. Burke' s medical condition. Supervisor Powers moved to close the public hearing and grant Mr. Burke' s appeal . Supervisor McPeak indicated that she could support the motion subject to getting verifiction of Mr. Burke' s medical condition and his phone call to GAADDS. Kevin Kerr, Deputy County Counsel, suggested an alternative : the Board could ask Mr. Burke to submit that information by a date certain and leave the hearing open. Chairman Torlakson indicated he would support the approach to leave the hearing open and come back with the verifications . IT IS BY THE BOARD ORDERED that the hearing on the above matter is CONTINUED to May 18, 1993 at 2 : 00 p.m. in the Board chambers, and the appellant and staff are REQUESTED to provide the appropriate documentation for Board consideration. hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supe rs on the date M'". Orig. Dept . : Clerk of the Board ATTESTED: CC :: Social Service Dept .. PHIL BAT HE R, lark of the Board P upervi rs aty Administrator County Counsel Charlie Burke � ,..,7rAdm Ralph Murphy ' DATE: 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 �, P �PEMNE: � � - t?J-V ADDRESS: -- a- u t Crry: C,ilt 0-1-a vera I am speaking formyself OR organization: C- :la-ail ��x 8 Check one: (NAME OF ORGAN17 TION) I wish to speak on Agenda Item # My comments will be: general for against I wish to speak on the subject of ou 1 do not wish to speak but leave these comments for the Board to consider. CLERK OF THE BOARD Inter - Office Memo TO: Social Services Department DATE: April 22 , 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 Charlie Burke 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, May 11 , 1993 . Attachment cc: Board Members County Administrator County Counsel GA Program Analyst-SS Dept. 40Douglas Drive Phi The Board of Supervisors Contra lark l the Board Clerk of the Board and C6unty Administration BuildingCta County Administrator o�+ 651 Pine St., Room 106 �s7 (510)646-2371 Martinez, California 94553 County Tom Powers.1st District Jeff Smith.2nd District e Gayle Bishop,3rd District Suring Wright McPsak.4th District Tom Torfskson,5th District IWa, April 22 , 1993 Charlie Burke 1206 C Street Antioch, CA 94509 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, May 11 , 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 ofper ' s Ed County Administrator By A Cervelli, Deputy Cler Enclosure Cc: Board Members Social Service Department . Attn: Appeals & Complaints County Counsel County Administrator Ellen J. Tabachnick Ralph Murphy BOARD OF SUPLIVISORS OF CONTRA COSTA COU14T#CALIFORNIA Re: General Assistance ) Appeals Procedure ) RESOLU'T'ION 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 7V365; 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 Fespondent (the Social Service Department)", must file all written materials at least one week before the date set for 13card 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 Hearin; Officer's fact findings, plus any papers filed with that .Offieer. 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 xhe. appeal is based are not in dispute, or if any. dispute.d..ra;ttsi;are' not relevant to the issue ultimately to be decided by .the Eoar'd', the Board will proceed immediately to the next step-•MLthoutico.nsidering 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 '6y' the Board will consider legal issues -presented• by-'ths -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..Board. t If the issues are susceptible of immediate resolution, the .Boerd may, if it deuires, 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 a' 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 with :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 1 through Y4 above,, and sliall recommend .a proposed decision, stating findings off' fact and summarizing the reasoning of the proposed decision. 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 Ili , 1975, unanimously by the Supervisors present. I • UATIPIED COPY I certify that this is a full, true ! correct copy of the oritinal document which is on file to my offtee, and that it was passed A adopted by the Board of Supervisors of Contra Costa County. California, on the date shown. ATTEST: J. R. OLSSON, County Clerk!ex-officio Clerk of said Board of Supervisors, by DOM Clerk. _, on j e N 1 4 1975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator 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 Cental(510)372-8209 Fax(510)236-6846 April 9, 1993 RECEIVED APR 1 2 M Clerk, Contra Costa County Board CLERK BOARD OF SUPERVISORS of Supervisors CONTRA COSTA CO. County Administration Building 651 Pine Street, Martinez CA 94553 Re: Appeal of the General Assistance Evidentiary Hearing Decision for: Charlie Burke 1206 C Street Antioch CA 94509 This is to appeal the decision of the Department of Social Services dated March 23 , 1993 to terminate the General Assistance of Charlie Burke for 30 days for his failure to attend a GAADDS group meeting. (Copy attached) Please have this scheduled for a Board hearing and have a copy of the notice of hearing sent to me and to the claimant. Statement of Facts Mr. Burke is 19 years old. He suffers from diabetes melitis. Mr. Burke had a group meeting with GAADS set for January 6, 1993 at 10: 30 a.m. . On the morning of that day he was not feeling well because of an insulin deficiency. A few minutes before 10: 00 a.m. he called GAADS and asked to speak to his GAADS counselor, Frank. He was told that Frank was unavailable. Mr. Burke told the secretary that he was feeling ill but would feel better in a little while after taking insulin. He said he would attend the meeting right then if required to do so. The secretary took his number and said that Frank would return his call. Frank did not return his . call until 12: 30 and refused to reschedule the appointment. Mr. Burke received a notice of the termination of his General Assistance for 30 days because of his failure to keep the January .6th appointment. His eligibility worker told him that he would have to get medical verification of his illness saying that he was sick on January 6th. Mr. Burke did not get medical verification because he did not need medical treatment for his condition and it would have taken several hours to be seen by a doctor. I Clerk, Contra Costa County Board of Supervisors April 9, 1993 Page Two Hearing Decision Mr. Burke requested and received a hearing on the proposed termination of his aid. At the hearing he testified to the facts as set forth above. His father was also present at the hearing and testified that his son was ill on the morning in question. On March 23, 1993 a hearing decision was issued which denied Mr. Burke's claim. The decision found that Mr. Burke willfully failed without good cause to appear for the appointment. The hearing officer stated that Mr. Burke's testimony was equivocal on his inability to appear and that he had failed to provide medical verification of his illness. Further, the hearing officer appears to base the decision to terminate on the fact that the claimant had called his GAADS counselor instead of his eligibility worker to reschedule the appointment. Grounds for reversing the hearing decision The decision should be reversed for the following reasons. 1. The decision is not based upon substantial evidence in the record. Mr. Burke testified he was ill. His father verified his testimony. There was no conflicting evidence placed in the record. Therefore, the hearing officer had no testimony before her to make a finding that Mr. Burke was not ill on the day in question. 2. To the extent that the hearing decision is based upon a holding that Mr. Burke must produce medical verification of his illness on the day in question it imposes an unreasonable verification requirement in violation of statutory and constitutional requirements. It is unreasonable to require such verification where a claimant did not need medical treatment for his illness and his father verifies his illness. 3 . The penalty imposed is unfair and excessive and violates the law and due process guarantees. The Department's procedures and practices in this case constitute a violation of Sections 17000, 170001 and 10000 of the Welfare and Institutions Code and a violation of due process constitutional guarantees. 4. The failure of the County to make a reasonable accommodation for Mr. Burke's diabetes constitutes a violation of the Americans with Disabilities Act. Conclusion The Board should reverse the Decision and direct that Mr. Burke's aid be restored to him. Ellen J. Tabachnick Law Graduate Ralph Murphy Attorney )cia-1 Service Department "``ceply t ��Nlt(� C] 4DpetxAlt (510) 313-1790 Perfecto:ViIla real Costa �U(1t�/ 40 Douglas Dr. . Director Martinez, Ca. 94553 GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION .ppeals Officer: y^� �/�'e. CX UI I6e,1't ,6,e rN Hearing Date: � '• � �9� T lace of Hearing: O Martinez �Antloch ❑ Richmond he proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury. N THE MATTER OF: Case 007- +7 Iso Fling Date: /��s 12 O G C St. Aid Paid Pending Hearing Yes Q No 4 Cal 9 Date of Notice: Effective Date of Action: . .ESENT: Claimant' tNCounty Representative(s): ] -Authorized Representative(::: ❑ Witness(es): Other: FA��fR :TION UNDER APPEAL: Denial �Discontinuance Q Application Date C) Effective Date Q Notice of Action 0 Notice of Action D Period of Ineligibility JE: Employment Requirem-Ents ❑ Unemployabilily Requirements ❑ Employability Assessment D Medical Verdication - Q Job Search Q Unemployability As%ettimeni ❑ Workfare Cl AIRS assessment and partic.pal-on ❑ JobOu;t/f.ltV lul 011ier• -1 Gam CZ--e I-, GENERAL ASSISTANCE•EVIDENTIARY NEARING DECISION (cont'd.) URISDICnON OM 49-700• DM 49-701): j i ;7T-.mely Filing of Appeal ❑ Challenge only to Regulation ❑ Untimely Filing of Appeal : ❑ issue Outside Scope of Program Period Expired.- 0 xpired:p Good Cause yIDGNCE CONSIDERED i v aimantTestimony C] Documentary �C my Testimony O GA 34 Cooperation Agreement Document Date: ❑ Assessment Appointment Notice ' ❑ Work Programs Notice ❑ Other: SPOSITIONAL FINDINGS/CONCLUSION.: -se evidence and testimony having been heard and considered,the following findings are reached: Ciaima ret ive id not receive notice of the particular assignment under review -dairnani Gwa as not capable of understanding and meeting the particular assignment under review:.: - ❑ Educational ❑ Physical ❑ Emotional (DM 49-102 II 8.) Good Cause SDM 49-1 11 11 F) ❑ Good Cause Exists (fit ood Cause Does Not Exists ❑ Employment has been obtained ❑ Scheduled Job Interview or Testing ❑ Mandatory Court Appearance ❑ Incarceration ❑ Illne;; ❑ Death in the Family ❑ C,rcums;ances beyonc Appl,canuRecrp+ent's control illfulness (Dr.r 49-1 1 1 n I3) I-1w,"llfulness Exists ❑ Willfulness Does Not Exists Fa,lure was deliberate and intentional ❑ County rescinded willfulness determination ❑ Fa,Iure ,,as ti more than a single nccurrance ❑ County failed to provide suflrcient evidence to ❑ Failure v,as the result of ,ntentronal mistake/omission establish willfulness 0 Fd,)ure v:a, mcli(al,ve of a pattern of non-cooperation ❑ Ott,er r 0 Fa-,IL.^ ,.as wit}mt rail mole ca..-se or a z_-_e GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION Summary of Fact And Statement Of The Evidence: i' Claimant is an employable person and has received County General :.ssistar.ce since 1991 . He is a mandatory participant in the Gene-L-al, assistance alcohol and Drug Diversion Services program, and most recent '.y signed the General Assistance Cooperation agreement in 5/ 9= . Relevant to GAADDS appointments , he had been told to call his P-1igib, 1ity worker before the appointment tine if he were unable to appear due to illness and in that even to provide ...edir.a. ',,e-"I a::_cn to hiS E. aiiJliity Wori,er. . . alman- testi__ec t:.a he is a di abet_ _ and on: _/ 6/ , ; , the da' -= o= 11_5 7rouz) he =e. _ _ . 1 before taking hl-c insulin. He testii_ed t:at f:e• O.a_ _ ed GAn:Z�S a 11ttie be=ore 1i1 0 a .7-,,. t:. spea :�D .ran:, GAAL1:S _,-;unsa. o- . , who was u%,avai _abie . He told Lire _c—etar'i t'--az !ie was ina i . _ bur woul - :?.i better in a i _ttie w::- : a of ter 7.,3rii:ng _ sui i n . He said he told her he wou' d attend -he meeting rig.^.t then. it required to do so . Fe said she took his number and said t::at Frank would return i.is _a i . He testii_ed 1--hat Fran": di.; not return ::is cal l unci_ 12) : 30 and refused to reschedule :1? appointment :_ t rough ria' ,nant said he would have appeared . Ta:.t = =at e~ - r �- -e: ....a: :e =ou_.i haves dr_v-er hi: 'On. .L =::c a z z o n 7—„ e.'1= .:ail ::is sO:: .,r_en -ha _ .ie has to appear . . i_TiGti:t ter t_ =3_ t.:at he— ca_ iet'''. ::mss e_ __Ihdi _ i t worker of e t Sre3rilr:g Taith ==anr: and t 3t d11s ?. _ __ty worker ",lad an a:zitud. an,. t::c: s.^.e said she was ".s.'_c , of my case” . When questioned closely a6cut the worker 's alle:ed statement he recanted .'.i5 testimony bu_ repeated that she had an attitude and had advised .im to appeal . -- =-i.mant and his father testified that Claimant did not obtain medica: verification because it would take several hours :or an ap_pcii toren: and Frani, had told him that the verification would have cv hce iia:"..era i _t + t".:e t1.:Tic .: In • 3G . Claimant ' s fatiic. 's op:n:o was that Claimant was incoh-erent on 1/ 6 . FINDINGS AND CONCLUSION; It is concluded that Claimant willfully failed , without good cause to appear for his -/6 10 : 30 appointment . Claimant 's testimony on the point of alleged inability to appear for his appointment was equivocal : on the one 'rand he testified that he was unable to appear while on the other hand he testified that he could have appeared if only Frank had returned his call earlier to require his appearance. Yet , Claimant had already been told that he had to appear for that appointment . He did not call his Eligibility Worker prior to 10 : 30 but contrary to instruction called GAADDS instead. , setting into motion a scenario shifting his responsibility for failure to Frank. He provided. no medical verification although he clearly acknowledged in Hearing that he knew he was suppose to do so. He testified under oath to disparaging remarks allegedly made by his Eligibility Worker which she did not make , and on the whole his testimony was self-serving wit:, no apparent sense of responsibility for his own actions . All that was required of Claimant was that if he were unable to appear Lor his i/ 5 GnnDuS appointment , he call his eligibility worker before 10 : 30 , and provide medical verification of illness . He chose to do :'lei _h?: . ORDER; _. 3_iil Zen_?d . March 22 1993 �aI Std JL :?S :0eac=_ :date i Program Manager , appeals Date If you are dissatisfied with this Decision , you may appeal the a--ter direct::, to to'-Oe Contra Costa County Board of Supervisors . Appeals must be filed in wri-in-, with the Clerk of the Board, 651- Pine Street , Room 16 , Martinez , CA 94553 within thirty ( 30 ) days of the date of the Evidentiary Hearing Decision. No further aid is paid pending a Board of Supervisors appeal . 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 Cental(510)372-8209 Fax(510)236-6846 April 9, 1993 Clerk, Contra Costa County Board of Supervisors County Administration Building 651 Pine Street, Martinez CA 94553 Re: Appeal of the General Assistance Evidentiary Hearing Decision for: Charlie Burke 1206 C Street Antioch CA 94509 This is to appeal the decision of the Department of Social Services dated March 23, 1993 to terminate the General Assistance of Charile Burke for 30 days for his failure to attend a GAADDS group meeting. (Copy attached) Please have this scheduled for a Board hearing and have a copy of the notice of hearing sent to me and to the claimant. Statement of Facts Mr. Burke is 19 years old. He suffers from diabetes melitis. Mr. Burke had a group meeting with GAADS set for January 6, 1993 at 10: 30 a.m. . On the morning of that day he was not feeling well because of an insulin deficiency. A few minutes before 10: 00 a.m. he called GAADS and asked to speak to his GAADS I counselor, Frank. He was told that Frank was unavailable. Mr. Burke told the secretary that he was feeling ill but would feel better in a little while after taking insulin. He said he would attend the meeting right then if required to do so. The secretary took his number and said that Frank would return his call. Frank did not return his call until 12:30 and refused to reschedule the appointment. Mr. Burke received a notice of the termination of his General Assistance for 30 days because of his failure to keep the January 6th appointment. His eligibility worker told him that he would have to get medical verification of his illness saying that he was sick on January 6th. Mr. Burke did not get medical verification because he did not need medical treatment for his condition and it would have taken several hours to be seen by a doctor. Clerk, Contra Costa County Board of Supervisors April 9, 1993 Page Two Hearing Decision Mr. Burke requested and received a hearing on the proposed termination of his aid. At the hearing he testified to the facts as set forth above. His father was also present at the hearing and testified that his son was ill on the morning in question. On March 23, 1993 a hearing decision was issued which denied Mr. Burke's claim. The decision found that Mr. Burke willfully failed without good cause to appear for the appointment. The hearing officer stated that Mr. Burke's testimony was equivocal on his inability to appear and that he had failed to provide medical verification of his illness. Further, the hearing officer appears to base the decision to terminate on the fact that the claimant had called his GAADS counselor instead of his eligibility worker to reschedule the appointment. Grounds for reversing the hearing decision The decision should be reversed for the following reasons. 1. The decision is not based upon substantial evidence in the record. Mr. Burke testified he was ill. His father verified his testimony. There was no conflicting evidence placed in the record. Therefore, the hearing officer had no testimony before her to make a finding that Mr. Burke was not ill on the day in question. 2. To the extent that the hearing decision is based upon a holding that Mr. Burke must produce medical verification of his illness on the day in question it imposes an unreasonable verification requirement in violation of statutory and constitutional requirements. It is unreasonable to require such verification where a claimant did not need medical treatment for his illness and his father verifies his illness. 3 . The penalty imposed is unfair and excessive and violates the law and due process guarantees. The Department's procedures and practices in this case constitute a violation of Sections 17000, 170001 and 10000 of the Welfare and Institutions Code and a violation of due process constitutional guarantees. 4. The failure of the County to make a reasonable accommodation for Mr. Burke's diabetes constitutes a violation of the Americans with Disabilities Act. Conclusion The Board should reverse the Decision and direct that Mr. Burke's aid be restored to him. Ellen J. Tabachnick Law Graduate Ralph Murphy Attorney I 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 April 9, 1993 RECEIVED APR 1 2 W Clerk, Contra Costa County Board CLERK BOARD OF SUPERVISORS of Supervisors CONTRA COSTA CO. County Administration Building 651 Pine Street, Martinez CA 94553 Re: Appeal of the General Assistance Evidentiary Hearing Decision for: Charlie Burke 1206 C Street Antioch CA 94509 This is to appeal the decision of -the- Department of Social Services dated March 23, 1993 to terminate the General' Assistance of Charlie Burke for. 30 days for his. failure to attend. a GAADDS group meeting. (Copy attached) Please have this scheduled for a Board hearing and have a copy of the notice of hearing sent to me and to the claimant. Statement of Facts Mr. Burke is 19 years old. He suffers from diabetes melitis. Mr. Burke had a group meeting with GRADS set for January 6, 1993 at 10: 30 a.m. . On the morning of that day he was not feeling well because of an insulin deficiency. A few minutes before 10: 00 a.m. he called GAADS and asked to speak to his GAADS counselor, Frank. He was told that Frank was unavailable. Mr. Burke told the secretary that he was feeling ill but would feel better in a little while after taking insulin. He said he would attend the meeting right then if required to do so. The secretary took his number and said that Frank would return his call. Frank did not return his . call until 12 : 30 and refused to reschedule the appointment. Mr. Burke received a. notice of the termination of his General Assistance for 30 days because of his failure to keep the January 6th appointment. His eligibility worker told him that he would have to get medical verification' of his illness saying that he was sick on January 6th. Mr: ' Burke did not get medical verification because he did not need medical treatment for his condition and it would have taken several hours to be seen by a doctor. Clerk, Contra Costa County Board of Supervisors April 9, 1993 Page Two Hearing Decision Mr. Burke requested and received a hearing on the proposed termination of his aid. At the hearing he testified to the facts as set forth above. His father was also present at the hearing and testified that his son was ill on the morning in question. On March 23, 1993 a hearing decision was issued which denied Mr. Burke's claim. The decision found that Mr. Burke willfully failed without good cause to appear for the appointment. The hearing officer stated that Mr. Burke's testimony was equivocal on his inability to appear and that he had failed to provide medical verification of his illness. Further, the hearing officer appears to base the decision to terminate on the fact that the claimant had called his GAADS counselor instead of his eligibility worker to reschedule the appointment. Grounds for reversing the hearing decision The decision should be reversed for the following reasons. 1. The decision is not based upon substantial evidence in the record. Mr. Burke testified he was ill. His father verified his testimony. There was no conflicting evidence placed in the record. Therefore, the hearing officer had no testimony before her to make a finding that Mr. Burke was not ill on the day in question. 2. To the extent that the hearing decision is based upon a holding that Mr. Burke must produce medical verification of his illness on the day in question it imposes an unreasonable verification requirement in violation of statutory and constitutional requirements. It is unreasonable to require such verification where a claimant did not need medical treatment for his illness and his father verifies his illness. 3 . The penalty imposed is unfair and excessive and violates the law and due process guarantees. The Department's procedures and practices in this case constitute a violation of Sections 17000, 170001 and 10000 of the Welfare and Institutions Code and a violation of due process constitutional guarantees. 4. The failure of the County to make a reasonable accommodation for Mr. Burke's diabetes constitutes a violation of the Americans with Disabilities Act. Conclusion The Board should reverse the Decision and direct that Mr. Burke's aid be restored to him. at d-1 �w Ellen J. Tabachnick Law Graduate Ralph Murphy Attorney eply to: ocia! Service Department 0 Appeaft COnt� � 4ppeals (510) 313-1790 Perf ec to-•Villareal Costa Director - �l.l(l / 40 Douglas Dr. „t�' Martinez, Ca. 94553 GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION Appeals Officer: /S� �, � jtJ01 �2rN Hearing Date: Place of Hearing: O Martinez Antioch O Richmond The proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury_ IN THE MATTER OF: CiJA� f��l, C case o�- ?� 76 Fitting Date: �3 112 O(a C $+. Aid Paid Pending Hearing fa Yes ❑ No Date of Notice: Effective Date of Action: . 'RESENT: VNClaimant County Representative(s): �, /V1r ��AyDQ ,1�•,f� i ❑ -Authorized Representative(;;: ❑ Witness(es): (�- Other: C-47,A ep- kCTiON UNDER APPEAL: ] Denial PrI Discontinuance p Application Date 0 Effective Date ❑ Notice of Action C) Notice of Action (] Period of Ineligibility SUE: Employment Requirc-mEnts O Unempfoyability Requirements ❑ Employability Assessmem E) Medical Ve(Iflcatlon - ❑ Job Searcl, 0 Unemployability Aswssmcn+ O work-fare AIRS at.wssment and panioriji-on ❑ Job QuiU 1.1e(] lug 1.�u1c' rl Qtlier' C ott<<, ( ftA0,05 ;-I G� cue r GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION (cont'd.) JURtSDIC710N 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 ❑ Documentary County Testimony ❑ GA 34 Cooperation Agreement Document Date: ❑ Assessment Appointment Notice ❑ Work Programs Notice ❑ Other: )(SPOSMONAL FINDINGS1CONCLUSION The evidence and testimony having been heard and considered,the following findings are reached: 7Qaima pec ive id not receive notice of the particular assignment under review ]Qaima vas not capable of understanding and meeting the particular assignment under review:.; ❑ Educational ❑ Physical ❑ Emotional (DM 49-102 II B.) Good Cause (OM 49-1 1 1 II F) ❑ Good Cause Exists e--(!rood Cause Does Not Exists ❑ Employment has been obtained ❑ Scheduled Job interview or Testing ❑ Mandatory Court Appearance ❑ Incarceration ❑ Illne—, ❑ Death in the Family ❑ Ccrcumstances beyond ApplicanURecipient's control ' IlfulnCSS (Dtv, 49- 1 1 1 II tat ? 1Nil(fu(neSs Exist% ❑ Willfulness Does root Exists Fa,lure was deliberate and intentional C) County rescinded willfulness determination ❑ Failure vias t more than a single occurrence E) County failed to provide sufficient evidence to ❑ Failure —as the result of intentional mistake/omission establish willfulness (] Fa,lu(e indi(ativr of a pattern of non-(ooperatfon ❑ Other 0 =.,idY: t rat le ca.:� or ems, GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION Summary of Fact And Statement Of The Evidence: Claimant is an employable person and has received County General Assistance since 1991 . He is a mandatory participant in the General :3s-stance A: cohoi and Drug Diversion Services program, and most recently signed the General Assistance Cooperation agreement in -5/ 9- . Relevant to GAADDS appointments , he had been told to call his eligibiIity worker !Def:ore the appo-intment time if he were Unable to appear due to illness and in that eV2P.t t0 provide ...e,--4-i ,:a. 'leri f—J ca-J on to h-;;.S Eli ibi I i tv -Worker , . a_inan- tes- i `at he '_ a d;abet_ ana on t: C+at� v'_ illS 'roup i12?t_%_ .1e =?. _ _ . l before taking nl= insUiin . He =esti =_?d t..at rhe Oa_ _ ed GA:.DDS a ilttie "b P_ Ore _'0 . G0 a . mi. t spear. t:) Frank 1 OAAD1.l. :-,unselor +ino was uzia`lai _able . He tOia the �ecre ar'i tria he was tee. ino i Out wou U =e- i better i i a i _ttle i3 iiie after t3rt1 a _nsul;n . He said he told her he would attend the meeting :iy' t thee, if required" to do so . He said she took his number and said that Frani{ would return iris call . He testified fiat Fran": did not --azurn :lis call until 12 . 30 and refused to reschedule I_ appointment i_ `::OUC�`!1 �iaiillant said Li F? ?iOUlu have appeared 0: ;_man: s _a", h. - _ - ems _i. _ - - --u1 naV� a r I v e n ii ...li% _O _.ir a_'v0___ had :'li.= soli bJ"e.n "11a= ire naa to appear . _ a;iTiai:t - tJ 2aftertest4. r_ea t:at I : called K sr2aiil::q SJ1ti Fra:ir. and _,3t i'_� e_ J_ _ _ t,/ worker ":lad an attitude" an Ld4 '( ha- she said she was "s-ick. of my case" . When questioned closeiv ariout the worker ' s alleged statement he recanted iris testimony bur repeated that she had an attitude and had advised :i.n to appeal Claimant and his father testified that Claimant did not obtain medical verification because it would take several hours for an appointment and Frank. had told him that the verification would have to w•e ima_"ke:i wit:: Line time .;f 10 : 30 . Claimant ' s fathcs Op_nIo was that �-1 -=-- mant was _Ii -^i_'rent on 1/ 6 FINDINGS AND CONCLUSION; It is concluded tial Claimant willfully failed , without good cause to appear for his 1/5 10 : 30 appointment . Claimant ' s testimony on the point of alleged inability to appear for his appointment was equivocal : on the one hand he testified that he was unable to appear while an the other hand he testified ghat he could have appeared if only Frank had returned his call earlier to require his appearance. Yet , Claimant had already been told that he had to appear for that appointment . He did not call his Eligibility Worker prior to 10 : 30 but contrary to instruction called GAADDS instead. , setting into motion a scenario shifting his responsibility for failure to Frank. He provided- no medical verification although he clearly acknowledged in Hearing that he nnew he was suppose to do so . He testified under path to disparaging remarks allegedly made by his Eligibility Worker which she did not make , and on the whole his testimony was self-serving wit;, no apparent sense of responsibility for his own actions . All t:.at was required of Claimant was that if he were unable to appear for his 1/ 6 GZI 'ADDS appointment , he call his eligibility worker before 10 : 30 , and provide medical verification of. illness . He chose to do ie.:it�r gRDERL IL .r ill De r,i d O�zLt1 March 22 , 1993 a! .S'.c_'.'1C?S .-~Deall7� ffj' '-=_ Da-L- Program Manager, appeals Date IT you are dissatisZied with this Decision , you may appeal the T;ar-?r directly to tihe Contra Costa County Board- of Supervisors . Appeals must be filed in writing with the Clerk; of the Board, 651 Pine Street , Room 16 , Martinez , CA 94553 within thirty ( 30 ) days of the date of the Evident-Jary Hearing Decision. No further aid is paid pending a Board of Supervisors appeal . 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 April 9, 1993 Clerk, Contra Costa County Board of Supervisors County Administration Building 651 Pine Street, Martinez CA 94553 Re: Appeal of the General Assistance Evidentiary Hearing Decision for: Charlie Burke 1206 C Street Antioch CA 94509 This is to appeal the decision of the Department of Social Services dated March 23, 1993 to terminate the General Assistance of Charile Burke for 30 days for his failure to attend a GAADDS group meeting. (Copy attached) Please have this scheduled for a Board hearing and have a copy of the notice of hearing sent to me and to the claimant. Statement of Facts Mr. Burke is 19 years old. He suffers from diabetes melitis. Mr. Burke had a group meeting with GAADS set for January 6, 1993 at 10: 30 a.m. . On the morning of that day he was not feeling well because of an insulin deficiency. A few minutes before 10:00 a.m. he called GAADS and asked to speak to his GAADS counselor, Frank. He was told that Frank was unavailable. Mr. Burke told the secretary that he was feeling ill but would feel better in a little while after taking insulin. He said he would attend the meeting right then if required to do so. The secretary took his number and said that Frank would return his call. Frank did not return his call until 12 : 30 and refused to reschedule the appointment. Mr. Burke received a notice of the termination of his General Assistance for 30 days because of his failure to keep the January 6th appointment. His eligibility worker told him that he would have to get medical verification of his illness saying that he was sick on January 6th. Mr. Burke did not get medical verification because he did not need medical treatment for his condition and it would have taken several hours to be seen by a doctor. Clerk, Contra Costa County Board of Supervisors April 9, 1993 Page Two Hearing Decision Mr. Burke requested and received a hearing on the proposed termination of his aid. At the hearing he testified to the facts as set forth above. His father was also present at the hearing and testified that his son was ill on the morning in question. On March 23, 1993 a hearing decision was issued which denied Mr. Burke's claim. The decision found that Mr. Burke willfully failed without good cause to appear for the appointment. The hearing officer stated that Mr. Burke's testimony was equivocal on his inability to appear and that he had failed to provide medical verification of his illness. Further, the hearing officer appears to base the decision to terminate on the fact that the claimant had called his GRADS counselor instead of his eligibility worker to reschedule the appointment. Grounds for reversing the hearing decision The decision should be reversed for the following reasons. 1. The decision is not based upon substantial evidence in the record. Mr. Burke testified he was ill. His father verified his testimony. There was no conflicting evidence placed in the record. Therefore, the hearing officer had no testimony before her to make a finding that Mr. Burke was not ill on the day in question. 2 . To the extent that the hearing decision is based upon a holding that Mr. Burke must produce medical verification of his illness on the day in question it imposes an unreasonable verification requirement in violation of statutory and constitutional requirements. It is unreasonable to require such verification where a claimant did not need medical treatment for his illness and his father verifies his illness. 3 . The penalty imposed is unfair and excessive and violates the law and due process guarantees. The Department's procedures and practices in this case constitute a violation of Sections 17000, 170001 and 10000 of the Welfare and Institutions Code and a violation of due process constitutional guarantees. 4. The failure of the County to make a reasonable accommodation for Mr. Burke's diabetes constitutes a violation of the Americans with Disabilities Act. Conclusion The Board should reverse the Decision and direct that Mr. Burke's aid be restored to him. Ellen J. Tabachnick �f�r Law Graduate Ralph Murphy Attorney ,..CI„ \ : . . Q C:) � t \����!■ 2 |� .« / � § - - - �- - 0 2/ LO p 4J 4J in ooto) m # to - @ ON 4J > » 4 @ �4 ■ m U U A 2 0) § tTJ n >4 9 �4 4-) P4- P4J44c 4 � §J LO % u Q %Ds ■ § V 00, ; gAo 0 ■ ] § U § � M � •� . FROM: Perfecto Villarreal, Director Social Service Department DATE: May 11, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY SHERRY MILLER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Sherry Miller's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on March 10. 1993. The hearing was scheduled for April 2, 1993. Claimant did not appear for the hearing, and did not seek a postponement. The claim was denied. Signature: ' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON May 11 , 1993 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 Sherry Miller. Jewel Mansapit, General Assistance Program Analyst, Social Service Department, appeared and presented the staff report. The appellant did not appear. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and the appeal by Sherry Miller of the General Assistance Hearing decision is DENIED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF cc: Social Service Dept. SUPERVISORS ON THE DATE SHOWN. Appeals Unit ATTESTED May 11 , 1993 Program Analyst County Counsel . PHIL BATCHELOR, CLERK OF THE BOARD OF Sherry Miller SUPERV ORSND COUNTY ADMINISTRATOR BYAkA OL , DEPUTY Please reply to: Social .Service Department Contra 40 Douglas Drive Perfecto Villarreal Costa Martinez.California 94553-4068 Director County ;...L fo T'� COUNT EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #462652-W4NH Date of Notice: 3/05/93 Sherry Miller Date of Action: 3/31/93 342 So. 18th St. Filing Date: 3/10/93 Richmond, CA 94804 Hearing Date: 4/02/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for April 2, 1993 . Claimant was duly notified of the date, time and place of Hearing via letter March 23 , 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision, you may, in writing, within 30 days of the date of this Decision, appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals to the Board of Supervisors must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553 . You must submit you appeal within 30 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF SUPERVISORS IS NOT AVAILABLE. Date: April 6, 1993 Carole Allen Social Service Appeals Officer CCA: sls Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Director Costa Martinez,California 94553-4068 County SE L 3/23/93 \P-:.a `O COI.yS'` SHERRY MILLER 342 So. 18th St. Richmond, CA 94804 Re: 462652 EW: W4NH Filing Date: 3/10/93 Dear SHERRY MILLER 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 94801 Date: 4/02/93 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 some --time before your case is called. Cases will be heard on a first-come first serve basis. The Hearing Officer will appreciate your patience. If you are unable to attend the hearing, please call 313-1790 If you do not attend, the Hearing 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. Social Service Appeals Unit CA: sls C i o • (- c cc c 0 • t: : � • 1 �?CrLC�L (o �fi, 1 q Iia God � . • � lo whom I --.maV Q • u 4 . 1 Cy • (31C Ir 1 rv6t --Lca LL wry 03/ ,51 . / 9 9 d azoZ),b &d b. Z,p LIJ ILL IL LL)rljj�y? 07z-, Cll�c� LP c o rl . c a • ( as Go ( ) Of _. Go ( • • of o • ( C NOTICE,QFPROPOSED ACTION - COUNTY OF iNTA GA 239 HGENERAL ASSISTANCE PROGRAMr DEL.10/92 NOTICE DATE 4"• { CASE NAME "I L L =F NUMBER 69-0 46 265 2-C`1-( WORKER NAME C R A k F':7 NUMBER .44NH TELEPHONE 3?4- 3431. ADDRESS 34 3 L H AG .:C N AL C AV F NU E RICHMCNL CA 948C5 Questions?Ask your Worker. (ADDRESSet) s1. necesits une treducel6n de fato, llsse s su trebeisdor(s) •Iin,sn{/si liin l4c rCi Th&finn'.viin 062■inn niu ein bin dlcn , I ;LJ 14 4 :,TF T 34� s.T v m=a -' CA 94 104 L J � �,�.1} •'� L SL^"J 1.1 YJ El`=_ _C T. lv:,�? 1 199.3 -, ,� '; 1-'r) <-{I I r O r. �' . R° R' !1 f tr JL N.. n` ."1 t„ � l (:., .. t\C;(i-C i;L .AF' CE 6 T-; ,) _ C' J.' �,L. ._ ;U.1 _t.1•- '1T - Y t AILI� = T,r., Atr`_T YC'Jf� �E:SPrl1?SI3fLf1r - t TIES S n� THCLIT - ',:J -."�' CAJ:i:: IN THESE SPF If IC INSTANCES: t. , J �. :. ) SILL 3 L ..; T, ' Lt_LfVcP.aL A � .,fSTq,; r. � 4 : _ .�`_ ,; �.; Y :;._� ''� :_� � ��; �� ^ AL yS:: I:j T11:4L C. y CU •,t ,Y r , � .J' „ ' ^H A'- A ;N `3E C ....L. .. : ",... . ., UpC .1." ,` _� ! YLUR _ . . _J EL I I Y P Q I;''.E M.L t;T .; :.1= .. ._.';+_. R A L :;AN, Y R :. UL T J:'.1 "J'?TNER P :? i"'nJ.I FI: .iT 1. - !`:Y !. , TfC' �' Y.-. t LT E", :T`! h T. IC)N I.1 I-l�:C.:].i� .CCTr Jr. Y"•'.i WT`>+ T1.1 Gi,V. y'X II:SP °= aj` ;1� it`iY !7'..1 Tr+ INK WNY FAILURIE TC CJCPERATr CR T r'L� r1i ;ti :;A hF` ,]iJ1Rf =!Fit1TS 3HC:JL.'3/ SE rXr,1J.ic.J, Y!ILJJ ARF Ei1-TIT.LEI1-TC 1:•\'...) H'- 'J' �Y .:7•- T T 'Y JC wi Tl� .Y(iI.Jk V,':j'7^^, Tim THE .3Un~C�YT „('�..7' T1-,f Ar TIC S; f..:> R.E JTi�F:": r3Y TEL' F LL;)I;I Ni L.4FJS AND/CP RCG.JLATrft.,S c-,,t :UAL -N.-, 4q- 102 APPLICAT-TON ArJC RFrr—^Tiv''J 4q- 111 '3I SC';')TT"JU= • CCC") C AUS E , idILLc(JLNESS A14E. PER IOL)- C : i?VE1. f Ia[Li T-Y 4-)-7.I0 -MPLCY.A3Lt= PP;lG7AP J-503 GIPS 7YMc-NT ':s `? ViCES r J.�''.� i'." �JL'.• r + 55:3 T v 77r. T ... L Y!' :. ; T -, Jea7E'2' N , )` I- f i IA 239H(5/87) _ - Please reply to: Social- Service Department Contra Please Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director J County SF_ L EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #462652-W4NH Date of Notice: 3/05/93 Sherry Miller Date of Action: 3/31/93 342 So. 18th St. Filing Date: 3/10/93 Richmond, CA 94804 Hearing Date: 4/02/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for April 2, 1993 . Claimant was duly notified of the date, time and place of Hearing via letter March 23 , 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action . shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision, you may, in writing, within 30 days of the date of this Decision, appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals to the Board of Supervisors must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553 . You must submit you appeal within 30 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF SUPERVISORS IS NOT AVAILABLE. Date: April 6, 1993 Carole Allen Social Service Appeals Officer CCA: sls LL/_�CQ bo — — - —Fla, AL_( 1 V b Social 'Service Department Contra Please reply to: ^ 40 Douglas Drive Perfecto Villarreal r OS�� Martinez,California 94553-4068 Costa County $E. 3/23/93 .. SHERRY MILLER 342 So. 18th St. Richmond, CA 94804 Re: 462652 EW: W4NH Filing Date: 3/10/93 Dear SHERRY MILLER 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 94801 Date: 4/02/93 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 some --time before your case is called. Cases will be heard on a first-come first serve basis. The Hearing Officer will appreciate your patience. If you are unable to attend the hearing, please call 313-1790 If you do not attend, the Hearing 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. Social Service Appeals Unit CA:sls kERK OF THE BOARD • X1.3 �' Inter - Office Memo TO: Social Services Department DATE: April 22 , 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 Sherry Miller 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, May 11 , 1993 . Attachment cc: Board Members County Administrator County Counsel GA Program Analyst-SS Dept. 40Douglas Drive The Board of Supervisorlo Contra • Ce'rk(oftthehe card _ and County Administration Building �OCta County Administrator Costa 651 Pine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers.1st District Jeff Smith.2nd District SE t Gayle Bishop.3rd District Sunne Wright McPeak 4th District Tom Tortakson,5th District April 22 , 1993 Sherry Miller 342 So. 18th Street 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, May 11 , 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, PML BATCHELOR, Clerk of. the Board of S ery ors nd County Administrator By D Ann Cervelli , u t y Ucl-e—FIF Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF SUPOISORS OF CONTRA COSTA COUNTY 1'ALIFORNIA 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 714/365; and this Board therefore estab-- lashes 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 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 .;he. appeal is based are not in dispute, or if any. disputed,SjLp�g '.are` not relevant to the issue ultimately to be decided by .the Board',' the board will proceed immediately to the next steP-%.X .thout .considering fact questions. The parties may stipulate ,to•'an agreed set of facts. 4. Once the facts are determined, or if there are no fact determinations required 'by' t1ie�'tia�p281, the Board will consider legal issues -presented• by 'the -appeal. 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..Boardd , If the issues are susceptible of immediate resolution, the Boerd may, if it deuires , 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- RL•SOLUTION NO. 75/28 , • • tL V, 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 Hoard, in its discretion, detaermines 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 consI dera- 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 . 1 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 . i t'P TMED COPY I oerufy that this is a full, true ! correct tory of the original document which is on file In my offlee, and that It was passed & adopted by the Board of Supervisors of Contra Costa County, California, on the date Shown. ATTEST: J. R. OLSSON, County Clerk!ex-officio Clerk of Bald Board of Supervisors, p7 Deput Clerk. an -IAN 1 41975 cc: Uirector, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator Social Service DepartmenO Contra • Please reply to: 40 Douglas Drive perfecto Villarreal Costa L Martinez.California 94553-4068 Director County ..r 4:v. rT'9 COl'vr EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #462652-W4NH Date of Notice: 3/05/93 Sherry Miller Date of Action: 3/31/93 342 So. 18th St. Filing Date: 3/10/93 Richmond, CA 94804 Hearing Date: 4/02/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for April 2, 1993 . Claimant was duly notified of the date, time and place of Hearing via letter March 23 , 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision, you may, in writing, within 30 days of the date of this Decision, appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals to the Board of Supervisors must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553 . You must submit you appeal within 30 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF SUPERVISORS IS NOT AVAILABLE. Date: April 6, 1993 Carole Allen Social Service Appeals Officer CCA:sls • • y. 1,2, 5173 ® • � - - L Joe os ® mac C: © ( G 00 }.. ► 61993 HANG tai ON C ..O L: L CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. BABY! Lni a ea ure yn ica e,Inc. C 0L C I Irai( : . - Social'- Service De artmett P Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County ry "off r/ 6u � EVIDENTIARY HEARING DECISION: NOTICE OF DISMISSAL IN THE MATTER OF: County #462652-W4NH Date of Notice: 3/05/93 Sherry Miller Date of Action: 3/31/93 342 So. 18th St. Filing Date: 3/10/93 Richmond, CA 94804 Hearing Date: 4/02/93 Aid Paid Pending? YES STATEMENT OF FACTS An Evidentiary Hearing was scheduled for April 2, 1993 . Claimant was duly notified of the date, time and place of Hearing via letter March 23 , 1993 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision, you may, in writing, within 30 days of the date of this Decision, appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals to the Board of Supervisors must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553 . You must submit you appeal within 30 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF SUPERVISORS IS NOT AVAILABLE. Date: April 6, 1993 Carole Allen Social Service Appeals Officer CCA:sls { r e ty "DO VIS03 VWINoo SaoSIAHUns do auvos w3m 06619 1 WV H. 3 e THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 11, 1993 by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN:None SUBJECT: Appeal of General Assistance Evidentiary Hearing Decision by Jacqueline Harris This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal of the General Assistance Evidentiary hearing decision by Jacqueline Harris . Jewel Mansapit, General Assistance Program Analyst, appeared and advised the Board that Ms . Harris was unable to appear today and that the Department recommended continuing the hearing to May 25, 1993 . IT IS BY THE BOARD ORDERED that the hearing on the above matter is CONTINUED to May 25, 1993 at 2 : 00 p.m. in the Board chambers . hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Orig. Dept . : Clerk of the Board Board of Supervisors on the date shown. cc : County Counsel ATTESTED: PHIL BA 1 LOR,Clerk of the Board Social Service-GA Program Analyst ofSupervia ndCounty dministrator County Administrator Jacqueline Harris o By ,DeDUtV CLERK OF THE BOARD Inter - Office Memo TO: Social Services Department DATE: April 22, 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 Jacqueline Harris 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, May 11 , 1993 . Attachment CC: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive The Board of Supervisors Contra Ce'rk(ofttheB and and County Administration BuildingCosta County Administrator 651• Pine St., Room 106 (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith.2nd District cE Gayle Bishop,3rd District Sunne Wright McPeak 4th District Tom Torlakson.5th District c .1 jos, ,• April 22 , 1993 Jacqueline Harris 40 Laurel Drive #10 Danville, CA 94526 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, May 11 , 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 S er ' sors d County Administrator By 66o Ann Cervelli, Deputy Clerk Enclosure cc: Board Members Social Service Department • Attn: Appeals & Complaints County Counsel County Administrator BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA r 1 Re: General Assistance ) +' Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14 , 1975) The Contra Costa County Hoard 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 Hoard of Supervisors Resolution 71+/365; and this Hoard therefore estab-• lashes 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 Nearing 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 Nearing 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. disput e.d.SjLptis?;are' not relevant to the issue ultimately to be decided by the Boa'rd', the Board will proceed Immediately to the next atep•j..WS.thouticonsiderinP fact questions. The parties may stipulate ,to•"an egreed set of facts . 4. Once the facts are determined, or if there are no fact determinations required.1y' tKeU' J)'thl , the Board will consider legal issues -presented• by-'ths -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..Boardf , 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- RL•SOLUTION 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- tlons , 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, with :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 , I through �4 above., and shall recommend .a proposed decision,. stating findings off' fact and summarizing the reasoning of the proposed decition. 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. j PASSED on January Ili , 1975, unanimously by the Supervisors present. MTMED COPY I Certify twat this is a full, true a correct copy of the original document which is on file in my otflee. 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 Clark t e:offlclo Clark of said Board of Supervisors. by Deput Clerk. on _i a N 1 4 1975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator RECEIVED � 19 1993 April 12, 1993 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO Jacqueline Harris 40 Laurel Dr. # 10 Danville, CA 94526 Contra Costa Board of Supervisors Clerk of the Board 651 Pine Street Martinez, CA 94553 To whom it may concern: I am requesting an Evidentiary Hearing to appeal the decision made on March 30, 1993. 1 have requested a new hearing date 30 days in advance of the decision made on March 30, 1993. 1 will be waiting for a response and date of my haering date. Please mail your response to: 40 Laurel Dr. # 10, Danville, CA. Thank you very much Jacqueline Harris Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-x068 Director County _ A. :� EVIDENTIARY HEARING DNOTICE OF DISMISSAL IN THE MATTER OF: County # 473116-A4AF Date of Notice: Jacqueline Harris Date of Action: 40 Laurel Dr. Filing Date: 03/04/93 Danville, CA 94526 Hearing Date: 03/30/93 Aid Paid Pending? Yes STATEMENT OF FACTS An Evidentiary Hearing was scheduled for March 30, 1993. Claimant was duly notified of the date, time and place of Hearing via letter March 19, 1993. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION Department Manual Section 22-300, V, A, 3 states that if claimant fails to appear for an Evidentiary Hearing without previously arranging for a postponement, the claim may be dismissed. The originally proposed action shall take place immediately upon dismissal. ORDER The claim is dismissed as claimant failed to appear for the Evidentiary Hearing. The benefits shall be discontinued as proposed in the Notice. If you are dissatisfied with the order of this Decision, you may in writing, within 30 days of the date of this Decision, appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals to the Board of Supervisors must be filed in writing with the Clerk of the Board, 651 Pine Street, Martinez, 94553. You must submit you appeal within 30 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF SUPERVISORS IS NOT AVAILABLE. Date: March 31, 1993 Scott G. Clayton Social Service Appeals Officer SGC:ch Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez.California 94553-4068 s Director J County 3/19/93 moo.: ••cTy STA•coot+`� JACQUELINE HARRIS 40 Laurel Dr. Danville, CA 94526 Re: 473116 EW: A4AF Filing Date: 3/04/93 Dear JACQUELINE HARRIS We have received your request for an Evidentiary Hearing about your General Assistance benefits. Your hearing is scheduled for: Location: 40 MUIR RD. MARTINEZ, CA 94553 Date: 3/30/93 Time: 9:00 AM Because 7 or more hearings are scheduled for the same hearing time, it may be necessary for you to wait for some time before your case is called. Cases will be heard on a first-come first serve basis. The Hearing Officer will appreciate your patience. If you are unable to attend the hearing, please call 313-1790 If you do not attend, the Hearing 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. SOCIAL SERVICE APPEALS UNIT SGC: ss:ch J. , ::i�r is - - S�OCt I •Contra osta Count "�"•"`` :- ;:.. a`I Ser.v ce IDe \ GENERA p L•"ASSISTANCE 'NOT `E OF::INTEND.ED ACTION. ,... ] 36 Muir Road. 3r. Q ' \ [Illart�rlez,CA94553 3'431.Macdonald:Avenue & .0. REQUEST,' Ricnmond.CA 94805, f ENTIARY.HEARING 45'�Is o ita Fair elJd.. Ue .f, C3.1305MacdonaldAven i ,, ,..s;ij�;�_ti :}r:p>.•-T,tf;;,�:,,•: „IfIkntio�h.'CA94qRiihmontl CA 94 % •' i! - t: 5 801 r `'('��.g 2401 Stanwell brive 200' ❑.3.630 San Pablo Dam Road ;v, .`s "i:r i;actrtZ.., Concord;F 94520 El io,a iinte,CA'94803 , . - S2S Second Streetss L: f i:.'.` _. RodQo.(A 94572 L' Jacqueline, Richard Barris = � DATE 370 Bio Drive i ?> i18 1993 e, -A 945 6 CASE NAME I f: { is e�'lliarris :'E �' -f •' � CASE NUMBER ?4 ` . `. 0794-4731 6 si: •r. : j s g I. E. Your, e:Jt1eg: bean refe't:ed .t Irt igatiori n berc use-:..Y -_ - u, > 1eePot :-: ....,.. Richar r 1 s D I SAB I LJT Y. : NSU CE``BEN JS' April;'.1992;�a IINEMP YMEN .'i.N5URA CE: Ei4E i d' ! ' u Ait ust::°i992: •�Si'nc:e ou"we... n;.t''e2'i >ible:`t.`; 9: ;.:..... ..Y. 4...:.. ..�,. ;id. May June'".19 ''. f ov psyment--.Ad ustments mad those:months O a,prior . verpaxine � , _ �';' ••' •:sQ`- " ,y.f .k. `;`Thi . s=to •r-' "ort.,''has:..res ' _:in o.verpay�nent i�:y)Ur; a r .:A. :. - :rsor� Ttie'.;ove : Y.� r1d• .1=y� 1942`�..F - Y� ;ti'•r. � # _ :....a�tat• � ��: : •a 1.<. : /or�;? 0_'1 ,.. h_ payor i iie l. c ;:' �4� '��- - :5;,.. :f� ..�__ra:• "t...;:. - a. L - O. 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Q G an, \AM, ;,• ': + D:M. --49-501 ', T. :.. 1 if you.have any question please contact me. ./ - . ��_: :`�;��` .�• - ,�,:.. ;fit � IITY WORKER \. TEL10Ni i.` L. Lewis �:. pIICAf P1FNT 1 ;.,..�,:;, Y GA 239 1 (New 9:'86) ,CIP . `t'a- ;•i• Y` � r=- ;:�'-:3 � �'Y•: (,o ou/d 1i�"P- v 1' Ll,t.S I AL s��Pf l kl�2y I �iss+�r�e �✓��� ,5�c �.c.,� ar 1¢41a�,6.r1 S r d l {-e -�-kw h is 4C 410 f- l_ - --- -------- _-------- AM I I I