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Home My WebLink AboutMINUTES - 06221993 - H.7 FROM: Perfecto Villarreal, Director Social Service Department DATE: June 22, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY CARTER KENNARD SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Carter Kennard'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. 0 Signature: - - - - - - - - - - - e ACTION OF BOARD ON June 22 , 1993 APPROVED AS RECOMMENDED x OTHER On June 8 , 1993 , the Board of Supervisors continued to this date the hearing on the appeal of General Assistance Evidentiary Hearing Decision by Carter Kennard. Jewel Mansapit, General Assistance Program Analyst, Social Service Department, presented the staff report on the above appeal . The appellant, Carter Kennard, did not appear. On recommendation of Supervisor Bishop, IT IS BY THE BOARD ORDERED that the above appeal is DENIED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT I ) AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Social Service Dept. Program Analyst ATTESTED June 22 , 1993 Appeals Unit PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel County Administrator SUPERVISORS ND CO NTY ADMINISTRATOR Carter Kennard BY , DEPUTY Social Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County SF K. �o• fT GENERAL ASSISTANCE EVIDENTIARY BARING DECISION IN TIS MATTER OF: Carter Kennard, claimant County No.: 0792-0474176-W4JF 901 Jones Court Notice of Action: 02/12/93 Pinole, CA 94564 Effective Date: 02/28/93 Appeal Filing Date: 02/22/93 Aid Paid Pending: Yes Date of Hearing: March 31, 1993 Place of Hearing: Richmond, California Appeals Officer: Carole C. Allen Work Programs Representative: Janis McGregor, Work Programs Supen/isor Witness: Kathleen Kennard, claimant's wife ISSUE Whether the County is correct in it's discontinuance of claimant's General Assistance, and the imposition of a three 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 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 is a long term recipient of G.A. On 1/26/93, claimant was given a Work: Programs Placement/Attendance Record appointment in writing for his next Workfare assignment for 2/1/93, 2/8/93, and 2/16/93 at 8:00 a.m. Evidentiary Hearing Decision Carter Kennard 0792-0474176 Page 2 According to County records, claimant did not appear for the scheduled Workfare assignment on 2/1/93 nor did he contact his worker to explain why he did not keep the appointment. Claimant's G.A. has been previously discontinued with a one month sanction period in December, 1992 due to his failure, without good cause, to appear for a Job Club meeting. Based on the above, the County notified claimant of the discontinuance of his G.A. and the imposition of a three 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 and his wife both testified that they could not read the Work Programs Placement/Attendance Record form. They submitted their copy of the form at the hearing. The printing on the form is light but is legible. Claimant could not explain why he did not call his Work Programs worker to find out what dates were on the form. Both claimant and his wife stated they are very nearsighted and have trouble reading. REGULATORY AUIHORITY 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'. Department Manual Section 49-210,IV,B,I,c, provides that employable recipients must actively participate in and cooperate with Workfare, as assigned. 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. Evidentiary Hearing Decision Carter Kennard 0792-0474176 Page 3 c. third failure: six months. Department Manual Section 49-111,H,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, as a long term recipient of G.A., knows his responsibilities to the program as well as the penalties for non-cooperation. Claimant's G.A. was discontinued with a one month sanction as recently as December, 1992 because of his failure to cooperate with Work Programs. The Workfare assignment form that was given to claimant was legible. Claimant has failed to establish that he had good cause to have failed to attend his Workfare assignment on 2/1/93. The County's proposed action to discontinue claimant's G.A. for a three month period is correct. As claimant has been on aid paid pending this hearing decision, the three month sanction period has been stayed. The three month period shall be imposed upon receipt of this decision. ORDER Claim is denied. Claimant's G.A. shall be discontinued and a three month sanction period shall be imposed. ( i3l)"kma_ 2 , oi!g��ci Service Appeals -cer So- ate A e :v s Program anager / Date �� Evidentiary Hearing Decision Carter Kennard 0792-0474176 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. OTICE,OF PROPOSED ACTION COUNTY OF ENERAL ASSISTANCE PROGRAIVI(j CCNIRA COSTA GA. 239 H DEL 10/92 NOTICE DATE1.4 4�j ;Z R CASE NAME K N A P C, K A THL-EN NUMBER c,4-04 35fi(15-010-0 WORKER NAME V H 1 L L NUMBER TELEPHONE ADDRESS 4 Questions?Ask your Worker. Sl fitcealts Una tr.ducei6n de 63to• liamt a au trabajsdor(a) 0DRESSEE) Carter �c w W,3 ri Xln 8n9/bi 11h 19C edl ThA 01.h vif. cZa alnh nf'u ofn ben dl.ch ( T r.A 94`1 h4 A! r- T ! 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T �s ..k ;� � >;'� fir: •�•i.4��:�� f4-ti �•L ,�, '•. -�( „�.� .�'�. 4t i'•. ,�, •`r 'v y':�• �,.�rrr^--1 �'r:T"..7 i• 4 .'��A' `n ;f x .¢. �n�, '�x% '�. r •S 4 ,r - ..•jf+. .'at:ji'' :i ^a'r�;YI'�• %�,Y?�:+.� !.C/, ;y;,.�i• :%4�:1. H. 6b BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 8. 1993 by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: Hearing on Appeal By Carter Kennard from Administrative Decision Rendered on General Assistance Benefits This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the appeal by Carter Kennard from the administrative decision rendered on General Assistance benefits . Jewel Mansapit, General Assistance Program Analyst, Social Service Department, advised the Board of a request by Mr. Kennard for a continuance of his hearing to June 22 , 1993 . IT IS BY THE BOARD ORDERED that the hearing on the above appeal is CONTINUED to June 22, 1993 at 2 : 00 p.m. in the Board chambers . I hereby Certify that this Is a true and Correct COPY of an action taken and entered on the minutes of the Board of Supe Isors on the date ft". ATTESTED: 19 3 PHIL B CHELOR,Clerk of the Board Supe m and Coun Adminlstrator O cc : County Counsel By Decuty Social Service Dept . Attn: Jewel Mansapit Carter Kennard • CLERK OF THE BOARD Inter - Office Memo TO: Social Services Department DAZE: May 12 , 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 Carter Kennard 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, June 8 , 1993 . Attachment CC: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive t Phil Batchelor The Board of Supervisigs Contra • Clerk of and Board 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 McPsak 4th District Tom Torlakson,5th District .1 ('OL'"`, May 12 , 1993 Carter Kennard c/o 901 Jones Court Pinole, CA 94564 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, June 8 , 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 ofd County Administrator By `A Ann Cerve li , eputy Clerk Enclosure cc: Board Members Social Service Department Attn: Appeals & Complaints County Counsel County Administrator BOARD OF WRVISORS OF CONTRA COSTA COU1, CALIFORNIA Re: General Assistance ) Appeals Procedure ) RESOLUTION NO. 75/28 (Jan. 14 , 1975) The Contra Costa County Board of Supervisors RESOLVES THAT: Appeals from decisions of the Social Service Department 's Complaints and Appeals Division regarding, General Assistance are made to the Board of Supervisors pursuant to Board of Supervisors Resolution 74/365; and this Board therefore estab lishes these uniform procedures for. such appeals , effective today. 1. A written appeal must be filed with the Clerk of the Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department 's Complaints and Appeals Division. 2. Both the Appellant (the General Assistance applicant or recipient ) and the Respondent (the Social Service Department ) must file all written materials at least one week before the date set for Board hearing, of the appeal. 3. Upon hearing of the appeal , the Board shall make any required fact determinations based .on the record on appeal . This record shall include the Department 's Hearing Officer's fact findings, plus any papers filed with that ,Officer. The Board will not allow the parties to present new facts at time of appeal , either orally or in writing, and any such presentation will be disregarded. If the ,facts upop which .;he. appeal Is based are not in dispute, or if any. dispute.d..ra, sl•_are` not relevant to the issue ultimately to be decided by .the Board*, the Board will proceed Immediately to the next step-, l.thout ,considerinP fact questions. The parties may stipulate ,to'•'an itreed set of facts . 4. Once the facts are determined, or if there are no fact determinations required.: y• tti, U' J)'181 , the Board will consider legal issues -presented• by `thw -e*ppbal. 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., Boardi , If the issues are susceptible of immediate resolution, thBoard 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- RESOLUTI6N NO. 75/28 _ � • M 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 consYdera- 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 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 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 1'I , 1975, unanimously by the Supervisors present. i URTITIPD COPY I certify that this is a full, true ! correct tory of the original document which is on file In my offlce, and that it was passed A. adopted by the Board of Supervisors of Contra Costa County, California, on the date sbown. ATTEST: J. R. OLSSON, County Clerk t ex-officio Clerk of said Board of supervisors, D7 Dsput Clerk. on _IAN 1 4 1975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator May 4 , 1993 LCLERt � RS 2 •RD C SUIPERVIS0Clerk of the Board o'JTRA COSTA CO. 3 651 Pine Street 4 Martinez, CA. 94553 RE: GA:BOARD APPE7.L 5 April 12 ,1993 Evidentiary Hearing 6 Dear Board of Superviosors: 7 This is an appeal to the Board regarding the April 8 12, 1993 unfavorable hearing decision issued by CCCDSS. My wife and a are homeless, and although the decision was 9 mailed to the correct mailing address, it was not recevied 10 until CCLSF intervened and requested for us a copy of the 11 decision In any event, this appeal is timely. The decision was unfavorable and sanctioned me for three 12 months. It is not by weight of the evidence that this shoud . 13 have occurred. I have a hearing and eyesight problems. In 14 particular I have been told that I am far-sighted and it is 15 difficult to read anything light or any document that is up close to me. I am too poor to obtain glasses which are corrected 16 properly. When I explained this at the appeal it fe&l on deaf 17 ears. It was also explained to the hearing officer that I was told by another person about the February 8 and February 18 , ' wppointmentswhich were not anymore readable than the first 19 appointment of February 1. 20 It is the County; s responsibility to make judgment calls 21 as well as document observable limitations. If print is large I can read it. I could/cannot understand why this nas happened, 22 AS I TOLD THE DEPARTMENT ABOUT THIS PROBLEM WHEN I REAPPLIED FOR 23 GENERAL ASSISTANCE on or about 1/93. I could not read the 24 GA forms as to my obligations and informed the intake worker. I lwas told that there are no funds available for glasses, as I 25 asked. This was explained inthe hearingbutnot listened to. 26 The C08aLyLasIONN: shave g000Cl cause fanclntne rsYancotio ein rsnollld 27 be removed. Alternatively, the sanction onto itself sholld be removed The hearing officer was nice but the jdaecis 'on was wrong. 28 Thank you very much. Dr to yes-r t trthis appeal we s read to me by CCLSF. CARTER KENNARD ** As •a4 employable GA c/0 901 Jones Courf recipient, I was entitled to Pinole, CA. 94564 pecial Need item-glasses. L May 4 ,1993 199352 OF SUPERVISORSClerk of the Board COSTA Co. 3 651 Pine Street 4 Martinez, CA. 94553 RE: GA:BOARD APPE.7,L 5 April 12 ,.199.3. Evidentiary Hearing Dear Board of Superviosors: 6 7 This is an appeal to the Board regarding the April 8 12 , 1993 unfavorable hearing decision issued by CCCDSS . My wife and & are homeless, and although -the decision was 9 mailed to the correct mailing address, it was not recevied 10 until CCLSF intervened and requested for us a copy of the 11 decision. In any event, this appeal is timely. The decision was unfavorable and sanctioned me for three 12 months. It is not by weight of the evidence that this shoud . 13 have occurred. I have a hearing and eyesight problems. In 14 Particular I have been told that I am -far.-sighted and it is d-if-ficult to read anything light or any document that is up. 15 close to me. I am too poor to obtain glasses which are corrected 16 properly. When . I explained this at the appeal it fell on deaf 17 ears. It was also explained to the hearing officer that . I was 18 told by another person about the February 8 and February uppointment-5which were not anymore readable than the first 19 appointment of February 1. 20 It is the County; s responsibility to make judgment calls as well as ftcument observable limitations. If print is large I 21 can read it. I could/cannot understand why this has happened, 22 AS I TOLD THE DEPARTMENT ABOUT THIS PROBLEM WHEN I REAPPLIED FOR 23 GENERAL ASSISTANCE on or about 1/93. I could not read the GA forms as to my obligations and informed the intake worker. I 24 . .was told that there are no funds available for glasses, as I 25 asked. This was explained in the hearing but not listened to. The CO�}ONCy ION: ahave good cause f ancQnthre rsYancotio their rsnot`i-- 26 be removed. Alternatively, the sanction onto itself sho�hld be 27 removed The hearing officer was nice but the decis 'an was wrong. 28 Thank you very much. D i . to yes ' t troubl s this appeal was read to me by CCLSF. CARTER KENNARD ** As an employable GA c/0 901 Jones Cour£ ecipient, I was entitled to Pinole, CA. 94564 pecial Need item-glasses. O N OA Ln f;•! RC1 Ll'l .ra 144 O d? N � N r4 � O Ri i �F. O N � by 14id V CC U O � y U i