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HomeMy WebLinkAboutMINUTES - 05251993 - H.4 Hy FROM: Perfecto Villarreal, Director Social Service Department DATE: May 25, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY FRANK MASON - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Frank Mason's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on February 22, 1993. The hearing was scheduled for March 31, 1993. The claim was denied. Signature: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON May 25 , 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 Frank Mason. The public hearing was opened and no one appearing to speak, the hearing was closed. On recommendation of Supervisor Smith, IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT 3 , 4 ) 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 Services Dept. SUPERVISORS ON THE DATE SHOWN. Appeals Unit Program Analyst ATTESTED May 25 , 1993 County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERV SORS ND COUNTY ADMINISTRATOR Frank Mason BY �141 , DEPUTY CLERK OF THE BOARD Inter - Office Memo TO: Social Services Department DATE: May 3 , 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 Frank Mason 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 25 , 1993 . Attachment cc: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive The Board of Supervi-Ws Contra � Clerk of and County Administration BuildingCtCounty Administrator Costa 651 Pine St., Room 106 s (510)646-2371 Martinez, California 94553 County Tom Powers.1st District Jeff Smith,2nd District [E L Gayle Bishop,3rd District Sunne Wright McPeak 4th District Tom Tortakson,5th District May 3 , 1993 Frank Mason 361 So. 29th 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 25 , 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 ervi qrs an Administrator By (county r Ann erve i, Deputy Clerk Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF %ERVISORS OF CONTRA COSTA COdw CALIFORNIA Re: General Assistance ) Appeals Procedure ) RESOLUTION NO. 75/26 (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 711/365 ; and this Board therefore estab-• lishes these uniform procedures for. such appeals , effective today. 1. A written appeal must be filed with the Clerk of the Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department 's Complaints and Appeals Division. 2. both the Appellant (the General Assistance applicant or recipient) and the Respondent (the Social Service Department ) must file all written materials at least one week before the date set for board hearing, of the appeal. 3. Upon hearing of the -appeal , the 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 Isoard will - not allow the parties to present new facts at time of appeal , either orally or in writinC,, 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,,T�psl;are` not relevant to the issue ultimately to be decided by .the Board', the board will proceed Immediately to the next speP,althout -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 tlie�'tiept81 , the board will consider legal issues 'presented• by tha -eppbal. Legal issues are to be . framed, insofar as possible, before the hearing and shall be based on the Department 's Hearing Officer's decision- and such other . papers as may be filed. Appealing parties may make•legal arguments both by written. brief and orally before the..Board, , If the issues are susceptible of immediate resolution, the Board may, if it deaires , 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 r 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 consldera- t1ons , 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 . l through ,r4 •above,, and shall recommend .a proposed decision, stating findings or 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. +j PASSED on January 111 , 1975, unanimously by the Supervisors present . I . URTIFIED COPY I certify that this is a full, true ! correct copy of the original document which is on file to my office, and that it was passed A adopted by the Board of Supervisors of Contra Costa County, California, on Me date shows. ATTEST: J. R. OLSSON, County Clerk A e:offlclo Clerk of said Board of Supervisors, h7 DOD Clerk. on iA 1 41975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator rR ----� Evidentiary Hearing Decision i Frank Mason 0792-0328649 ! Page 4 �P—�'10R` JERK FOARo CSA Co. ORDER Claim is denied. Claimant's G.A. shall be discontinued and a one month sanction period shall be imposed. Social Ser%ice Appe s Officer Date Appeals Program Manager /�ate — If you are dissatisfied with this decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine St., Martinez, CA 94553. Appeals must be tiled within thirty (30) days of the date of this Evidentiary }fearing Decision. No further aid paid pending a Board of' Super%isors appeal. 1 C_ 4 C, a E. 04( 04 ( { C co c t 7 ! MR 2 71993 f RK WARD OF SJFERVISOFII: ^0 ITPA COF Tr..CO. Ir' � � C. Q c. Co C O f ' U0C , . l OD kj->,, 7 � ` RECEIVED �_- APR 2 71993 ARK BOARD OF SUPERVISORS CONTRA COSTA CO. u FcENED Evidentiary Hearing Decision R""" --- j Frank Mason. APR 27 �g93 0792-0328649 1:Sunwvs Page 4 `, RvSOR I'C,ERK 13OA COSTA CO! 5 ORDER Claim is denied. Claimant's G.A. shall be discontinued and a one month sanction period shall be imposed. Socia Service Appe s Off cer Date Appeals Program Manager ate If you are dissatisfied with this decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine St., Martinez, CA 94553. Appeals must be filed within thirty (30) days of the date of this Evidentiary Hearing Decision.. No further aid paid pending a Board of Supervisors appeal. Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez.California 94553-4068 s Director J County SE L A COV" GENERAL ASSISTANCE EVIDENTIARY BEARING DECISION IN THE MATTER OF: Frank Mason, claimant County No.: 0792-0328649-W4JF 361 So. 29th St. Notice of Action: 02/10/93 Richmond, CA 94804 Effective Date: 02/28/93 Appeal Filing Date: 02/22/93 Aid Paid Pending: Yes Date of Hearing: March 31, 1993 The hearing record was left open to give claimant time to submit further information. By April 8, 1993, no further information was received and the hearing record was closed. Place of Hearing: Richmond, California Appeals Officer: Carole C. Allen Work Programs Representative: Janis McGregor, Work Programs Supervisor ISSUE Whether the County is correct in it's discontinuance of-claimant's General Assistance, and the imposition of a one month period of ineligibility, based on claimant's willful failure, without good cause, to meet General Assistance requirements when he failed to appear for a. Workfare assignment with Work Programs on January 25. 1993, and February 1, 1993. COUNTY POSITION Claimant, as an employable recipient of General Assistance (G.A.), is required to comply with certain Work Programs requirements. Claimant has been a recipient of G.A. since Evidentiary Hearing Decision Frank Mason 0792-0328649 Page 2 1983. On 12/29/92, claimant had his responsibilities to the program explained to him at his annual reinvestigation and he signed an Employable G.A. Cooperation Agreement. On 1/19/93, claimant was given a Work Programs Placement/Attendance form advising him of his next Workfare assignment for 1/25/93, and 2/1/93 at 8:00 am. Claimant did not appear for either Workfare assignment. County records contain no documentation showing that claimant contacted his worker to explain why he did not attend either of the two Workfare dates. Claimant had a previous Work Programs failure in June, 1992 when he failed, without good cause, to attend a Job Club meeting. Based on the above, the County notified claimant of the discontinuance of his G.A. and the imposition of a one month period of ineligibility because of claimant's willful failure, without good cause, to cooperate with requirements of the G.A. program. CLAIMANTS POSITION Claimant testified that he had a doctor's appointment on 1/25/93. He stated he called his Work Programs worker and left a message on the voice mail regarding his medical appointment. Claimant asked that the hearing record be left open to allow him time to submit verification of the medical appointment. The record was left open until 4/7/93. No further information was received from claimant and the hearing record was closed on 4/8/93. Claimant stated that his grandmother was ill on 2/1/93 and he was the only one who could take care of her. He stated he could get a statement from his grandmother to verify her illness on 2/1/93 and the need to have claimant care for her. Claimant was given until 4/7/93 to submit a statement from his grandmother. No statement was received. REGULATORY AUTHORITY Department Manual Section 49-210,II,A,1, provides that an individual who does not have a medically verified physical or mental disability, or who has not been determined to be unemployable by the Vocational Counselor, is considered employable. Department Manual Section 49-210,II,B,1, provides that persons determined employable must sign and comply with requirements of the GA-34, 'Employable General Assistance Cooperation Notice'. Evidentiary Hearing Decision Frank Mason 0792-0328649 Page 3 Department Manual Section 49-210,IV,B,l,c, provides that employable recipients must actively participate in and.cooperate with Workfare. Department Manual Section 49-111,II,E,1, provides that a recipient who fails to cooperate with the Social Service Department by failing to meet any one of his or her enumerated responsibilities without good cause, shall be discontinued aid, and sanctions will be imposed as follows: a. first failure: one month. b. second failure: three months. c. third failure: six months. Department Manual Section 49-111,II,E, provides for good cause reasons for failure to cooperate with program requirements. The reasons which establish good cause for a failure to cooperate or comply must be verified, and are limited to the following: a. employment has been obtained, b. scheduled job interview or testing, c. mandatory court appearance, d. incarceration, e. illness, f. death in the family, g. other substantial and compelling reason. These must be reviewed and approved by the Division Manager. CONCLUSION AND FINDING OF FACT Claimant knew his responsibilities to the Workfare program. He is a long term recipient of G.A. and is familiar with the penalties for non-cooperation. As an employable recipient; claimant is required to participate in Workfare assignments. Claimant has failed to establish that he had good cause to have failed his two Workfare assignments on 1/25/93, and 2/1/93. The County's action to discontinue claimant's G.A. and impose a one month sanction period is upheld. Evidentiary Hearing Decision Frank Mason 0792-0328649 Page 4 ORDER Claim is denied. Claimant's G.A. shall be discontinued and a one month sanction period shall be imposed. a So6fial Service Appears- Ofticer Date Appe s Program Manager ate If you are dissatisfied with this decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine St., Martinez, CA 945`3. Appeals must he filed within thirty (30) days of the date of this Evidentiary Hearing Decision. No further aid paid pending a Board of Supervisors appeal. i • ------------------- .._..--...- — ...... -..........-...-............... t �a, - _..._._-- --...._......... .... .. ......... -- ............ —Alm +:�ir ��^� stiK�; - ..�'#°� 9,,• �-- f ti n� s. .� � ? „ ;�� �r>�. � �4t"4 Lit �F:ti``, a p:�a' �2 :l:sh �3.,''g � d � r y, h- s_fix �` W4:.rat4 ro'`�R. � X n.-.«• �'v, nr - a `. - a,r z r,�, r.:;�A'� t � �' tit '. ��t �'�` '°�.? 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P�'.,.�, x J��'1y g t+ ii 3°'� qF k^ 'x,,� y t ru '^u"" 1 4- rJ i,' ,,. i .,`,': i ^ � �"•�"'R`, ,++3i44dyot" .rrG: ti t L • r � + t :r r i •s • r e� + • l • • y { r � a 0 Of C� 4 ) 1 L+ � 1,• , ,'� '.� i'� �- ' 6 + sic soAS of s:jPEr�v s t cQYTR.A CQs .cow t� + { i�► : t t "�� F Q L i i t FROM: Perfecto Villarreal, Director Social Service Department DATE: May 25, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY ALFRED WEBSTER SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Alfred Webster's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on February 26, 1993. The hearing was scheduled for April 5, 1993. The claimant did not appear, nor did he request a postponement. The claim was denied. Signature: 64 %ice - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON May 25 , 1993 APPROVED AS RECOMMENDED x OTHER This is the time heretofore noticed by the Clerk ofTthe Board of Supervisors for hearing on the appeal of General Assistance Evidentiary Hearing decision by Alfred Webster . The public hearing was opened and no one appearing to speak, the hearing was closed. On recommendation of Supervisor Smith, IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT 3 , 4 ) AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND cc: Social Services Dept. CORRECT COPY OF AN ACTION TAKEN AD Appeals Unit ENTERED ON THE MINUTES OF THE BOARD OF Program Analyst SUPERVISORS ON THE DATE SHOWN. County Administrator County Counsel Alfred Webster ATTESTED PHIL BATCHELOR, CLERK OF THE BOARD OF SUPER ORS ND COUNTY ADMINISTRATOR BY - , DEPUTY Please reply to:, Social. Service Department: Contra 40 DOugtas Drive CostMartinez California W53-4068 Perfecto VillarrealOS Director ' t County. 3/22/93 . srq couN ALFRED WEBSTER 1637 Truman Ave. #B Richmond, CA 94801 Re: 436185 EW: W4KB Filing Date: 2/26/93 Dear ALFRED WEBSTER 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: 4/05/93 Time: 1:00 PM 'Because 7 or more hearings are scheduled for the: same:,hearing time., At may .be necessary for you to wait� for some':-time before your.case called. . - Cases will be heard on" afirst-come first serve .basis. Y'..': 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. ;off icer,.;,may. :dismiss=:your.request.::' far Hearing. : Yo have; a,..right..to. an ;'interpreter :if:`you: meed:.:,one I'f.' you .have also .,f iied:,a ;request .for<:>a State;Faar Hearing;';:yi ti''will`= `: 4' .;receive: a ..le' tter'.":from the: ;State ;Department :of_ Social:.;Sere cesT about ahe< •' b; time and place for ,.that 'hearing; :The:;..State FairHearing =iso separate' an art: from`:the Count' �'Evidentiar` e `: ..,.: .."" P. - „ . y y., h rig,: .. .. . ..: .:.::. •e _ - " : r : �r e v c e s t oc 1 S r a e A al Ung s �a PP Y. -BW/of .. .' . r.. 4'V. a -rt+ ,j , r Social Service Department Contra- Please reply to: 40 Douglas Drive Perfecto VillarrealCom+}� Martinez,California 94553-4068 Director J County E SE_.L EVIDENTIARY HEARING D NOTICE OF DISMISSAL -------------------------------------------------- IN THE MATTER OF: County Number: 436185 EW: W4KB Date of Notice: 2/11/93 ALFRED WEBSTER Date of Action: 2/28/93 1637 Truman Ave. #B Filing Date: 2/26/93 Richmond,. CA 94801 Hearing Date: 4/05/93 Aid Paid Pending? Y STATEMENT OF FACTS ------------------ An Evidentiary Hearing was scheduled for 4/05/93. Claimant was duly notified of the date, time and place of Hearing via letter on 3/22/93. Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FORTHEDECISION ------------------------- - Department Manual Section 22-300, V, A, 3 states that if a 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 contact the Appeals Clerk, in writing, within 30 days of the date of this decision. You may also 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 your appeal within 30 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF SUPERVISORS IS NOT AVAILABLE. Date: 4/07/93 Barbara Weidenfeld Appeals Officer BW/nf 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 Alfred Webster 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 25 , 1993 Attachment cc: Board Members County Administrator County Counsel GA Program Analyst-SS Dept. 40Douglas Drive Phil Batchelor The' Board of Supervisor* Contra Clerk of a the Board County Administration BuildingCounty Administrator Costa 651 Pine St., Room 106 V (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith.2nd District Gayie Bishop,3rd District Sunne tMripht McPaak 4th District i•.� l ,\ Tom Torlakson,5th District i April 26 , 1993 "r Alfred Webster 1637 Truman Avenue #B Richmond, CA 94801 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4. 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107 , County Administration Building, 651 Pine Street, Martinez, California, at 2 : 00 p.m. on Tuesday, May 25 , 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 ervi rs an County Administrator By o erve 11 i , Deputy Cle—FIF Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF SUIOVISORS OF CONTRA COSTA COUNT CALIFORNIA Re: General Assistance ) Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14 , 1975) The Contra Costa County Board of Supervisors RESOLVES THAT: Appeals from decisions of the Social Service Department 's Complaints and Appeals Division regarding General Assistance are made to the Board of Supervisors pursuant to board of Supervisors Resolution 74/365; and this Board therefore estab-• lishes these uniform procedures for. such appeals , effective today. 1. A written appeal must be filed with the Clerk of the Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department 's Complaints and Appeals Division. 2. both the Appellant (the General Assistance applicant or recipient) and the Respondent (the Social Service Department) must file all written materials at least one week before the date set for board hearing, of the appeal. 3. Upon hearing of the appeal , the hoard shall make any required fact determinations based on the record on appeal . This record shall include the Department 's Hearing Officer's fact findings, plus any papers filed with that ,.Officer. The board 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. disput ed..rac s!, are' not relevant to the issue ultimately to be decided by .the Board, the board will proceed immediately to the next step,%MlthouticonsiderinP 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-15y' tti4't r` bbl, 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 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 . 6. Having made factual determinations , having received advice on the legal issues, and having applied policy cons-idera- 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' w.lth :a hearing officer, who shall . to 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 o� 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. URTIlIED COPY I certify that this is a full, true ! correct copy 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 Cost& County, Caitfornia, on the date shown. ATTEST: J. R. OLSSON, County Clerk !esotficlo Clerk of said Board of Supervisors, by Deput Clerk. 41975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator Social Service Departmeontra Please reply to: C 40 Douglas Drive Perfecto VillarrealCosta , ez, aiitornia94553-4068 Director �7 F�r . County ., EVIDENTIARY HEARING DE NOTICE OF DISMISSAL -------------------------------------------------- IN THE MATTER OF: County Number: 436185 EW: W4KB Date of Notice: 2/11/93 ALFRED WEBSTER Date of Action: 2/28/93 1637 Truman Ave. #B Filing Date: 2/26/93 Richmond, CA 94801 Hearing Date: 4/05/93 Aid Paid Pending? Y STATEMENT OF FACTS ------------------ An Evidentiary Hearing was scheduled for 4/05/93 . Claimant was duly notified of the date, time and place of Hearing via letter on 3/22/93 . 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 a 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 contact the Appeals Clerk, in writing, within 30 days of the date of this decision. You may also 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 your appeal within 30 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF SUPERVISORS IS NOT AVAILABLE. Date: 4/07/93 Barbara Weidenfeld �/ / le� Appeals Officer -�- J (JAS BW/nfI . J T o t 122/S S -3�6 / 7 W I pt c / rho r',4 Ce, Owl- C. l'- - -:.�-•-C 0 ell COJ • (04 CO / _ ^A -- - / _ .... . -. vy � 9 • 1 RECP VED APR .? 2 L �` CLERKCONT'r..r, Doris Lindsey's Day Home Care CCOo ® ( • •. : " ) 04 � = 3617 Waller Avenue v c 0 / 1 Richmond, CA 94804 C O ( :� • oI 1 , �. ��� 234-9459 . ► • � : . � (Ages 1 year - 12 y L o ( • • : ears) �J ri RE El ED - - _ . ;ares- - CLER4Cr NIRA CG ;ri)AhLCrJ r" - Doris Lindsey's i Day Home Care ►" = 3617 Waller Avenue Richmond, CA 94804 l x=234-9459 (Ages 1 year - 12 years) Social Service Department Contra Please reply to: 40 Dougla rive Perfecto Villarreal 'nez,Z alifornia 94553-4068 Director Costa unty AN cu:rl.. M:. s CONI EVIDENTIARY HEARING DE NOTICE OF DISMISSAL -------------------------------------------------- IN THE MATTER OF: County Number: 436185 EW: W4KB Date of Notice: 2/11/93 ALFRED WEBSTER Date of Action: 2/28/93 1637 Truman Ave. #B Filing Date: 2/26/93 Richmond, CA 94801 Hearing Date: 4/05/93 Aid Paid Pending? Y STATEMENT OF FACTS ------------------ An Evidentiary Hearing was scheduled for 4/05/93 . Claimant- -was duly notified of tele date, time and place of Hearing via letter on 3/22/93 . Claimant failed to appear for the Evidentiary Hearing; no postponement was requested. REASONS FOR THE DECISION C. ------------------------ Department Manual Section 22-300, V, A, 3 states that if a 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 -Ih the order of this Decision, you may contact the Appeals clerk,, in writing, within 3.0 days of the date of this decision. You may also 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 your appeal within 30 days of the date of this decision. AID PAID PENDING A DECISION BY THE BOARD OF SUPERVISORS IS NOT AVAILABLE. Date: 4/07/93 Barbara Weidenfeld le Appeals Officers BW/nf t C> -'D o 1qe or ,4 ('tj o T C> 56 LAJ C 0 T �l U � a oG V) � - ua � r -- /pT;toL LD J 9 t? to r H. 4 FROM: Perfecto Villarreal, Director Social Service Department DATE: May 25, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY CLEVELAND SOWERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Cleveland Sower's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on December 16, 1992. The hearing was postponed twice at claimant's request, and was scheduled for March 12, 1993. The claim was granted. There is no action to appeal. Signature: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON May 25 , 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 Cleveland Sowers. The public hearing was opened and no one appearing to speak, the hearing was closed. On recommendation of Supervisor Smith, IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT 3 , 4 ) 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 Services Dept. ATTESTED May 25 , 1993 Appeals Unit PHIL BATCHELOR, CLERK OF THE BOARD OF Program Analyst SUPERVISOR ND CO NTY ADMINISTRATOR County Administrator County CounselJ Cleveland Sowers BY , DEPUTY -T -ask JI A ffiv 4k AKS CM4TRA &'FtK TRAep ON AVE C- S O-A Prblo cl. mmbcb C 0 c RFCfl\jED- APR 2 71993 I a c. C, a C, 0 V 0 a c 0 U Ce ( I,,c 0 L Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Wilarreal Costa Martinez,California 94553-4068 Director County SE L rr .rAUS GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION IN THE MATTER OF: Cleveland Sowers, claimant County No.: 0792-0483133-W4JD 14473 San Pablo Ave. Notice of Action: 12/08/92 San Pablo, CA 94806 Effective Date: 11/30/92 Appeal Filing Date: 12/16/92 Aid Paid Pending: Yes Date of Hearing: March 12, 1993 Place of Hearing: Richmond, California Appeals Officer: Carole C. Allen Work Programs Representative: Janis McGregor, Work Programs Supervisor ISSUE Whether the County is correct in it's discontinuance of claimant's General Assistance, and the imposition of a one month period of ineligibility, based on claimant's willful failure, without good cause, to meet General Assistance requirements when he failed to appear for an appointment with Work Programs on November 12, 1992. COUNTY POSITION Claimant is required, as an employable recipient of General Assistance (G.A.) to cooperate with Work Programs. On 10/15/92, claimant was given an appointment for Job Club on 11/12/92. Claimant did not keep the 11/12/92 appointment nor did he contact his worker to reschedule. Based on this, the County proposed the discontinue claimant's G.A. and impose a one month period of ineligibility because of claimant's willful failure Evidentiary Hearing Decision Cleveland Sowers 0792-0483122 Page 2 to meet program requirements. The Notice of Action was sent to claimant on 12/8/92 proposing an 11/30/92 discontinuance of his G.A. CLAIMANTS POSITION Claimant testified that he was hoping to get State Disability Insurance (SDI) rather than G.A. He did not keep the 11/12/92 appointment for Job Club because he thought he was going to get SDI and would not need G.A. Later, claimant found that he was not eligible for SDI as he did not have sufficient hours of work to qualify. REGULATORY AUTHORITY Department Manual Section 49-700,III,A provides: 1. Only a GA Notice of Intended Action is to be used for proposed action in the GA program. 2. Adequate notice must state the proposed action, the reason for the action, and the regulations which require the action. 3. Where an action will result in the reduction, suspension or discontinuance of a GA grant, a written notice proposing this action shall be mailed to the recipient in a timely manner, i.e., at least ten calendar days in advance of the effective date of the action. 4. Only in specific instances where county action would result in a discontinuance or decrease does a notice not need to be mailed in a timely manner; however, the notice must be adequate. These instances are: a. The county has factual information concerning the death of the recipient. b. The county receives a clear written statement signed by the recipient that s/he no longer wishes aid, or that s/he understands and agrees to the discontinuance or decrease action. C. The recipient has been admitted or committed to an ineligible institution. Evidentiary Hearing Decision Cleveland Sowers 0792-0483122 Page 3 d. The recipient is no longer a resident of Contra Costa County. e. The whereabouts of the recipient are unknown and the county mail directed to him/her has been returned by the Post Office indicating no known forwarding address. f. A special allowance granted for a specific period is terminated, and the recipient is informed in writing at the time of initiation that the allowance shall automatically terminate at the end of the specific period. g. The action being taken is a result of Board of Supervisors action making changes in General Assistance grant levels. CONCLUSION AND FINDING OF FACT Claimant did not receive timely notice of the County's proposed action to discontinue his G.A. The Notice was sent nine days after the proposed negative action. Claimant's circumstances-do not fit any of the exceptions to timely notice. Thus, the County's action in this matter is not sustained. ORDER Claim is granted. The discontinuance of claimant's G.A. and the one month period of ineligibility shall be rescinded. Ila ocialService Appeals Officer ate Appea s rogram MYnager Date Evidentiary Hearing Decision Cleveland Sowers 0792-0483122 Page 4 If you are dissatisfied with this decision you may appeal the matter directly to the Contra Costa County Board of Supervisors. Appeals must be filed in writing with the Clerk of the Board, 651 Pine St., Martinez, CA 94553. Appeals must be filed within thirty (30) days of the date of this Evidentiary Hearing Decision. No further aid paid pending a Board of Supervisors appeal. CLERK OF THE BOARD o Inter - Office Memo TO: Social Services Department DATE: May 3 , 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 Cleveland sowers 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 25 , 1993 . Attachment CC: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive Phil Batchelor The Board of upervi,*s Contra • Clerk of the Board and + County Administration BuildingCtCounty Administrator OC� 651 Pine St., Room 106 Costa (510)646-2371 Martinez, California 94553 County Tom Powers,1st District Jeff Smith.2nd District Gayle Bishop,3rd District Sunne Wright McPeak 4th District ` %..� Tom Torlakson,5th District JJ May 3 , 1993 Cleveland Sowers 14473 San Pablo Avenue San Pablo, CA 94806 Appeal to Board of Supervisors General Assistance Benefits In response to your request and pursuant to Section 14-4. 006 of the County Ordinance Code, this is to advise that a hearing on your appeal from the administrative decision rendered in your case on General Assistance benefits will be held before the Board of Supervisors in the Board Chambers, Room 107 , County Administration Building, 651 Pine Street, Martinez, California, at2 : 00 p.m. on Tuesday, May 25 , 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 erv' sors a d County Administrator By 0? Ann Cervelli, ffefibty C erk Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator j BOARD OF WERVISORS OF CONTRA COSTA CO CALIFORNIA CALIFORNIA Re: General Assistance ) Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14 , 1975) The Contra Costa County Board of Supervisors RESOLVES THAT: Appeals from decisions of the Social Service Department 's Complaints and Appeals Division regarding, General Assistance are made to the Board of Supervisors pursuant to Hoard of Supervisors Resolution 74/365 ; 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 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..rgr,ts!,are' not relevant to the issue ultimately to be decided by .the Board, the Board will. proceed immediately to the next step•�1.tbout -co.nsidering fact questions. The parties may stipulate to-'ah agreed set of facts. 4. Once the facts are determined, or if there are no fact determinations required -V tri4'tia' pt sl, the hoard 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,.Boardit If the issues are susceptible of immediate resolution, the Bogard may, If it desires , immediately decide them at the appeal hearing. If the County Counsel's ad- vice is needed on legal questions', the Board will take the matter under submission, reserving its final ,judgment until it receives such advice. -1- RESOLUTION NO. 75/28 , 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 . ' 6 . Having made factual determinations , having received advice on the legal issues, and having applied policy cons-idera- 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, with :a Clearing 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 : ,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 . i PASSED on January 14 , 1975, unanimously by the Supervisors present. i CERTIFIED COPY I certify that this is a full, true ! correct colpy of the original document which is on file In my offies. 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 A ex-officio Clerk of said Board of Supervisors, by Deput Clerk. on _ AN 1 4 1975 cc: Uirector, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator --- - nr.,'F�.._�1�..2...�._�_9.3_........--'-.CS"6�'-l/-So.�.3�--D_7._902.-..._o�l$'�l.?�01_--'--- - -------- ---be--c at4s AKS PA CONTRA 4 Pcblo AVE %AD C, S an Pl-bio c/ToA .i ,ro�- cl. RED APR 27 1993 c 0 I F SUPERVISORS p,,,-�C)46DL5)Vzr,uu-p�F'S--_. 1 +.7P4 COSTZI�6. C- a C c - 6 0 C- a isor�g- ��34--P-Wc 0 a I c 0 (1 Lo 4- o..33- _ n i 1 )�_ 1 �.tAi�ops;i.n_ h. _h_ ' r�_ �r... .... 1 E Q 7 1993 JLf�.Q- 1�tLC.lti r�-1 p-n-a ✓✓ - LA CONT � �c�r.•n ��yw-�10"_����--"_C���3_L_�3 �✓ tel.�.Q __,..__.. I i ¢ i I i FROM: Perfecto Villarreal, Director Social Service Department DATE: May 11, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY JACQUELINE HARRIS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Jacqueline Harris' appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on March 4, 1993. The hearing was scheduled for March 30, 1993. Claimant did not appear for the hearing, and did not seek a postponement. The claim was denied. Signature: Q - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON May 2 5.,. 1993 APPROVED AS RECOMMENDED x OTHER On May 11 , 1993 , the Board of Supervisors continued to this date the hearing on the appeal of General Assistance Evidentiary hearing decision by Jacqueline Harris . No one appearing to speak, the hearing was closed. On recommendation by Supervisor Smith, IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT 3 , 4 ) 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 Services Dept. SUPERVISORS ON THE DATE SHOWN. Appeals Unit May 25 , 1993 Program Analyst ATTESTED Y County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS ND COUj TY ADMINISTRATOR Jacqueline Harris BY A 49 , DEPUTY 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 tchelor The Board of Supervisorla Contra CeFrk(otttheBoard and County Administration BuildingCosCounty Administrator 651 Pine St., Room 106 Costa (510)646-2371 Martinez, California 94553 County Tom Powers.1st District Jeff Smith.2nd District Gayle Bishop.3rd District Sunne Wright McPeak 4th District Tom Tortakson,5th District 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 Osors d County Administrator BA A,If 60.1 Ann Cervelli , Deputy C er Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF SUP ISORS OF CONTRA COSTA COU14TY ALIFORNIA 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 74/365; and this Board therefore estab-• lishes these uniform procedures for. such appeals , effective today. 1. A written appeal must be filed with the Clerk of, the Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department 's Complaints and Appeals Division. 2. Both the Appellant (the General Assistance applicant or recipient) and the Respondent (the Social Service Department)' must file all written materials at least one week before the date set for Board hearing of the appeal. 3. Upon hearing of the -appeal , the Board shall make any required fact determinations based .on the record on appeal . This record shall include the Department 's Hearin; Officer's fact findings, plus any papers filed with that ,Officer. The hoard 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. disputed,�`�ps,;are' not relevant to the issue ultimately to be decided by .the Board, the Board will proceed immediately to the next 'stept,,,X1.thout .considering fact questions. The parties may stipulate ,-to--an Greed set of facts . 4. Once the facts are determined, or if there are no fact determinations required-.15i ttirVta 'tbl, the Board will consider legal issues e: presented- by-,thappbal. 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 ,2egal arguments both by written. brief and orally before the..Boardrf 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. 73/28 , 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 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 contra ct, w.ith :a hearing officer, who shall . be a memter 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 o� 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 . {•_HATIMED COPY I oertify that this is a full, true A correct coVT of the original document which is on file in my oth¢s. and that it was passed A adopted Ey the Board of Supervisors of Contra Costa County. California. on the date shown. ATTEST: J. R. OLSSON, County Clark!ex-officio Clerk of said Board of Supervisors, p7 Dep ut Clark. on -iaN 1.9 1975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator [PECEIV ��-� 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 RECEIVED APR 19 1993 April 12, 1993 CLERIC 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 94.553 To whom it may concern: I. am requesting an Evidentiary Hearing to appeal the decision made on March 30, 1993. 1 have requested anew hearing date 30 days in advance of the decision made on March 30, 1993. I will be waiting for a response and date of my haering date. Please mail your response to: 40 Laurel Or. # 10, Danville, CA. Thank you very- much Jacqueline Harris y � f 4 � CIO � mQ \ \ � � , � v � a e � S 0 � � ce ' � � . � � i 2 � .� �