HomeMy WebLinkAboutMINUTES - 06221993 - H.8 H. 8
FROM: Perfecto Villarreal, Director
Social Service Department
DATE: June 22, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY WILLIAM BARBER
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board deny William Barber's appeal of the General Assistance Hearing
decision.
BACKGROUND:
Claimant filed request for Hearing on March 25, 1993. The hearing was
scheduled for May 11, 1993. The claim was denied.
Signature: '
ACTION OF BOARD ON June 22 , 1993
APPROVED AS RECOMMENDED x OTHER x
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 William Barber .
Jewel Mansapit, General Assistance Program Analyst, Social
Service Department, recommended that the Board grant Mr. Barber ' s
appeal in part and deny the appeal in part and that is that the
Department is willing to eliminate the period of ineligibility
for Mr. Barber and he would be free to reapply for General Assistance
after the first of July.
Supervisor McPeak moved approval of the staff recommendation.
IT IS BY THE BOARD ORDERED that the above appeal is GRANTED
in part and DENIED in part as recommended by staff.
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
County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF
County Administrator SUPERVISOR : COUNTY ADMINISTRATOR
William Barber
BY DEPUTY
VOTICE OF PROPOSED ACTION:.% �' COUNTY OF GA 239 H
GENERAL.AtSISTANCE PROGF*l CCN 7 R.A COSTA ��`
DEL 10192
NOTICE DATE 03- 19-93 A 4 A C
R
CASE NAME P a P.?1-R. ++ I 1 I�`•"�
NUMBER C")—C w c 10 7 7 0
WORKER NAME P A.L i AR. IN I
NUMBER A L-A C
TELEPHONE 1 :?—1 Q4 7
ADDRESS �.n w r) I
i,
Questions?Ask your Worker.
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IF ly
GA23=
CONTRA COSTA COUNTY SOCIAL SERVICE DEPARTMENT
GAADDS/SOCIAL SERVICE COMMUNICATION
NAME SOCIAL SECURITY NUMBER
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _--` --- - - = ��— �31111�
- - - - - - - - - - - -
ADDRESS TELEPHONE #
TO: SOCIAL SERVICE
PHASE 1...
(] Client failed to keep the intake/interview appointment (date: )
j J Client kept the Intake appointment, but refused to cooperate. Explanation:
(J Client kept the intake appointment, but has been found to be inappropriate for the program. (not
chemically dependent)
PHASE 2... _
(] her failure. Specifics: ;
04
(J Client has been assessed as "Unemployable"
Diagnosis:
Duration of Unemployability: (Date)
COMMENTS.-
PHASE
OMMENTS.PHASE 3...
(] Client has been terminated from the program for the following reasons: ��� %Q)3
( J Failure to maintain total abstinence on (date)
( J Failure to accept a mandatory referral on (date)
( ] Failure to attend twelve step meeting during the week of (date)
( ] Failure to test (breathalyzer/urinalysis on (date)
( J Disruptive behavior on (date) EXPLAIN:
( J Unexcused absences on (dates)
COMMENTS:
GAADDS COUNSELOR
- - - -- - - - -- - - DATE
Gen 4158 (rev 10/92) Copy 1: GA fastener 2; copy 2: GAADDS
CONTRA COSTA COUNTY;' SOCIAL SERVICE DEPARTMENT
REFERRAL FOR ALCOHOL AND DRUG DIVERSION SERVICES
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
NAME SOCIAL SECURITY NUMBER
nil I
ADDRESS I �p y 9la,,Jr. `��� TELEPHONE NUMBER
► You are required to keep an intake interview appointment with Alcohol and Drug Diversion Services.
► Your appointment is scheduled for _ 2 , at a:m./p.m.
at the GAADDS office at
( ] 1301 Cutting Blvd., Richmond (Telephone #374-3091)
><O Douglas Drive, Suite 120, Martinez (Telephone #313-1120)
[ ] 2400 Sycamore Dr., Suite 29, Antioch (Telephone #427-8582)
If you are unable to keep this appointment, you must provide documentation to the GAADDS office within
48 hours to verify that the absence was the result of good cause.
If you are assigned to participate in the GAADDS program. you must actively and cooperatively
participate. The rules and regulations of the program will be described in detail to you by the GAADDS
staff.
IF YOU FAIL TO KEEP ALL SCHEDULED APPOINTMENTS OR FAIL TO FOLLOW THE RULES AND
REGULATIONS OF THE GAADDS PROGRAM YOUR ELIGIBILITY WORKER WILL BE NOTIFIED. AND YOUR
GENERAL ASSISTANCE WILL BE DISCONTINUED. ALSO, A PERIOD OF INELIGIBILITY MAY BE IMPOSED
AS DESCRIBED ON YOUR 'GENERAL ASSISTANCE COOPERATION NOTICE'.
I agree to accept this referral, and to actively and cooperatively participate if I am assigned to the program. I
consent that the GAADDS program may advise the Social Service Department whether or not I keep this
appointment, what my Treatment Plan will be, and whether or not l comply with program requirements.
I understand that my GAADDS program records are protected under the Federal Confidentiality Regulations and
cannot be disclosed without my written consent unless otherwise provided for in the regulations. l also
understand that l may revoke this consent at any time except to the extent that action has been taken in reliance
on it (e.g. probation, parole, etc.) and that in any event this consent etpires automatically as described below.
Specification of the date, event or condition upon which this consent expires:
---------------------------
SI ED''11 II D TE
R - ERRED Y PCN EW PCN TELEPHONE NUMBER
If different
A 4 Ac- 3 13— t 9.y 7
en 415A (rev. 10/92) Copy 1: Client, copy 2: GA file
Social Service Department Contra Please reply to:
�. 40 Douglas Drive
Perlecto VillarrealI Costa Martinez.California 94553-4068
Director V J
County
RECEIVED
• =! j MAY 71993
' CLERK BOAkD OF SUPERVISORS
r
r� ti•i ` CONTRA COSTAf -U CO.
NOTICE OF DISMISSAL: THIS MATTER IS RESOLVED
IN THE MATTER OF: COUNTY IC-451027
William Barber . Date of Notice: 4/30/93
1649 Marta Drive Date of Filing: 3/26/93
Pleasant Hill, CA . 94523 Resolved: 5-18-93
Date: May 26, 1993
Dear Mr. William Barber:
Regarding your request for an Evidentiary Hearing to appeal a
proposed loss of General Assistance benefits.
It has been brought to my attention that this is a duplicate
filing. Therefore, your request for an Evidentiary Hearing is
dismissed without further action in the matter.
Ren Adams, Appeals supervisor
SOCIAL SERVICE APPEALS UNIT
RA/nf
cc: IM Division
WP Division
:)clal service Department Please re°''i°:
Contra 0 AGDeats
Costa (510) 313-1790
Perfecto- i7i11area l 40 Douglas Dr.
Director County Martinez, Ca. 94553
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
kppeals Officer: / 0.
� Hearing Date:
lace of Hearing: artine2 O Antioch O Richmond
he proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury.
N THE MATTE
Case#07- —'
010 Filing Date:
Aid Paid Penatn�gnaeH ng es ❑ No
Date of Notice: 31
Effective Date of Action:
2ESENT: '
Claimant ounty Representative(s)
] Authorized Repreientative(s): - - '► .
❑ Witness(es):
] Other:
CnON UNDER APPEAL:
] Denial iscontinuance
❑ Application Date ffective Date
Notice of Action
C) [•l�ioticc of Action
L1,fl-eriod of Ineligibility ,.
.UE:
Employment RequirEmintsUnemployability Requirement
❑ Employab,l,ty AsSeSSmeril L Medial Verification -
❑ lob Searoi (i Unemployat)ility Av.nSSinnn:
O VJpr1.1.) C AIRS 2SSeS5m('nil an�rlPj 1,f)
po��,�.,
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION (cont'd.)
1RISDICIION (DM 49-700; OM 49-701):
Timely Filing of Appeal 0 Challenge only to Regulation
] Untimely Filing of Appeal : ❑ Issue Outside Scope of Program
Period Expired:
❑ Good Cause
/IDENCE CONSIDERED
C mantTestimony ❑ Documentary
County Testimony ❑ GA 34 Cooperation Agreement
Document Date:
❑ Assessment Appointment Notice
❑ Work Programs Notice
❑ Other:
SPOSITIONAL FINDINGS/CONCLUSION:
he evidence and.testimony having been heard and considered,the following findings are reached:
i
1cr
aimant cei dt �ceive notice of the particular assignment under review
jtfaimant was&ammit capable of understanding and meeting the particular assignment under review:.:::,-- ,-.*.Z-.—.: e:+
❑ 'Educational -- U Physical ❑ Emotional (DM 49.102118.)
)&d Cause (DM 49-11 1 u F)
❑ Good Cause Exists Cause Does Not Exists
❑ Employment has been obtained
❑ Scheduled Job Intervie%% or Testing
❑ Mandatory Coun Appearance
❑ Incarceration.
O Illness
❑ Death in the Farni;
❑ Circumstances be gond Aao",cant/Reoptent's control
iIIfulness (DM 49. 11 1 t! Hi
�dlfulness Exists ❑ Willfulness DoestJot Exists
❑ Failure intentoonol ❑ County rescinded willfulness determination
0 Failure wa�more lnon a s•'ale occurrence ❑ County faded to provide sufficient evidence to
❑ Failure was the result of i,�tenoonal mistake/omission establish willfulness
❑ f lurev ,i;incf,!--* :E o• c �3ttern of non-cooperation ❑ Other
caj3e eCZ�'�E
GENERAL. ASSISTANCE EVIDENTIARY HEARING DECISION(cont I d)
SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE:
There was no factual dispute. The claimant knew of and admitted to
both his general obligation and specific responsibilities. The
claimant testified that he wasn't sure as to the specific reason for
his failure to attend the March 15, 1993, GAADDS meeting. The
claimant mentioned various problems such as a back problem, physical
problems with his leg and knee, a past history of physical problems
due to long-term drug abuse, a total lack of transportation, a lack of
funds to provide basic needs and a problem with his girlfriend's
daughter. The claimant seemed to indicate that any and all of these
problems could have contributed to this failure but was not able to
specifically attach any of these difficulties to the March 15 failure.
The claimant's basic appeal was that he was in great need and was
desperate, but he was unable to establish that this specific failure
was in any way directly caused by forces or circumstances beyond his
control. While it is obvious that the claimant was in need and was in
acute distress, the resolution of this matter hinges on the claimant's
direct responsibility to meet program requirements.
The claim is denied.
ORDER:
�C1 m Denied: ❑ Claim Dismissed:
Aid shall be discontinued and the Period of Ineligebi
lity
imposed.
0 Aid shall be discontinued. The Period of Ineligibility
shall be expunged from the record. Claimant may reapply at
any time.
❑ Claim Granted:
0 Ccneral Assistance shall be restored. The proposed
discontinuance is reversed. The Period of Ineligibility
shall be expunged from the record.
❑ Other:
❑ Written copies of the Order were issued by ❑ mail ❑ at Hearing
❑ Additional Regulatory Authority was attached to the foregoing
Ord
Pro am an r, pp 1 Date /
Assistant Director Date
If you are dissatisfied with this Decision you may appeal the
matter directly to the Contra Costa County Board of Supervisors.
Appeals must be filed in writing with the Clerk of the Board, 651
Pine Street, Room 106, Martinez, CA 94553 . Appeals must be filed
within thirty (30) days of the date of the Evidentiary Decision.
No further aid paid pending a Board of Supervisors appeal.
CAC 2--- (revised 6/92 ,
CLERK OF THE BOARD
Inter - Office Memo
TO: Social Services Department DATE: May 27 , 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 William Barber
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, June 22 , 1993
Attachment
cc:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept .
40Douglas Drive
The Board of Supervil-s Contra • Phil Batchelor
Clerk of the Board
'. and
County Administration Building �OCt/, County Administrator
Costa 651 Pine St., Room 106 J (510)646-2371
Martinez, California 94553 County
Tom Powers.1st District
Jeff Smith,2nd District
Gayle Bishop,3rd District a - .o„
Sunne Wright McPeak.4th District
Tom Toriskson,5th District
May 27 , 1993
William Barber
1760 Diane Court #18
Concord, CA 94520
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 22 , 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 rvirs an ounty Administrator
By
Ann ervel eputy C er
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals 6 Complaints
County Counsel
County Administrator
BOARD OFepERVISORS OF CONTRA COSTA COY, CALIFORNIA
Re: General Assistance )
Appeals Procedure ) RESOLUTION NO. 75/28
(Jan. 14 , 1975)
The Contra Costa County Board of Supervisors RLSOLVES 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. Moth 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 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. disputed,.rgrts!;are' not relevant to the issue
ultimately to be decided by .the Board•, the Board will proceed
immediately to the next sCep,aLthout ;considering fact questions .
The parties may stipulate ,to•"ari e.dreed set of facts .
4. Once the facts are determined, or if there are no fact
determinations required : Sii t6%'%0j)'b81,. the Board will consider
legal issues presented• by 'the� -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., Boardd , 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-
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 cons1 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.lth :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 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.
i PASSED on January 14 , 1975, unanimously by the Supervisors present .
I
I
MTIFIED COPY
I osrufy 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 Costa county, California, on
the date shown. ATTEST: J. R. OLSSON. County
Clerk A ex-officio Clark of said Board of Supervisors,
by Debut Clerk.
on JAN 1 41975
cc : Uirector, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
RECEIVED -fCAy�s`�z c,
MAY 2 51983
::LERK BOARD OF SUPERVlSGRS.
CC>s;TRA COSTA CC
RECEIVED
MAY 21 1993
SOCIA! SERVICE
ANrIocN
J - to
cl'2`a `''`
� �� • .k' rtZ'�')`-' .� -�'z-cin- ,e�� 4 r �� t��/.
i !htiQ,�, ,�.�. ./�►'`� .dam ��
• Please reply to:
ocial Service Department Contra RECElVE� ❑ Appeals
(510) 313-1790
.Perfecto-Villareal Costa AY 21 199E40 Douglas Dr.
Director County/
. SOCIAL SERVICE
Ca. 94553
RVICE AWIOCH
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
4ppeals Officer: / ��� Hearing Date:
'(ace of Hearing: artinez ❑ Antioch ❑ Richmond
rhe proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury.
IN THE MATTE Case#07-
'e, *1 Filing Date:
Aid Paid Pending Hearing s ❑ No
Date of Notice:
Effective Date of Action:
RESENT: '
Claimant
ounty Representative(s): f
❑ Authorized Repreientative(s):
❑ Witness(es):
❑ Other:
.CTION UNDER APPEAL:
Denial iscontinuance
❑ Application Date fective Date
❑ Notice of Action 0-14'otice of Action
[9-4'eof Ineligibility
SUE:
] Employment RequiremiEnts I n employability Requirements
❑ Employability Assessment Medical Verrficat+on -
C:] lob SearchUnemployability Assessment
❑ Workfare [rl AIRS asiessment and p rt+C+pal+on
❑ Jolt Qu+U I sero Ic.+ I I e
❑ V.orl sl+ol�
❑ OII+fir
:1 Good Caise
GENERAL ASSISOCE EVIDENTIARY HEARING DEOION(cont'd)
5
SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE:
There was no factual dispute. The claimant knew of and admitted to
both his general obligation and specific responsibilities. The
claimant testified that he wasn't sure as to the specific reason for
his failure to attend the March 15, 1993 , GAADDS meeting. The
claimant mentioned various problems such as a back problem, physical
problems with his leg and knee, a past history of physical problems
due to long-term drug abuse, a total lack of transportation, a lack of
funds to provide basic needs and a problem with his girlfriend's
daughter. The claimant seemed to indicate that any and all of these
problems could have contributed to this failure but was not able to
specifically attach any of these difficulties to the March 15 failure.
The claimant's basic appeal was that he was in great need and was
desperate, but he was unable to establish that this specific failure
was in any way directly caused by forces or circumstances beyond his
control. While it is obvious that the claimant was in need and was in
acute distress, the resolution of this matter hinges on the claimant's
direct responsibility to meet program requirements.
The claim is denied.
ORDE :
PemAiDenied: ❑ Claim Dismissed:
d
shall be discontinued and the Period of Ineligibility
imposed.
❑ Aid shall be discontinued. The Period of Ineligibility
shall be expunged from the record. Claimant may . reapply at
any time.
❑ Claim Granted:
❑ General Assistance shall be restored. The proposed
discontinuance is reversed. The Period of Ineligibility
shall be expunged from the record.
❑ Other:
❑ Written copies of the Order were issued by 0 mail ❑. at Hearing
❑ Additional Regulatory Authority was attached to the foregoing
Orde
Pro aman r, p 1 Date
Assistant Director Date
If you are dissatisfied with this Decision you may appeal the
matter directly to the Contra Costa County Board of Supervisors.
Appeals must be filed in writing with the Clerk of the Board, 651
Pine Street, Room 106, Martinez, CA 94553 . Appeals must be filed
within thirty (30) days of the date of the Evidentiary Decision.
No further aid paid pending a Board of Supervisors appeal.
CAC 23(revised 6/921
FROM: Perfecto Villarreal, Director
Social Service Department
DATE: June 22, 1993
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY RONALD RHYMES
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - = - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board deny Ronald Rhymes' appeal of the General Assistance Hearing
decision.
BACKGROUND:
Claimant filed request for Hearing on March 15, 1993. The hearing was
scheduled for April 25, 1993. The claim was denied.
Signature:
- - - - - - - - - - - - - - - - - - - - - - - - = - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ACTION OF BOARD ON June 22 , 1993
APPROVED AS RECOMMENDED x OTHER
This is the time heretofore noticed by the Clerk of theBoard
of Supervisors for hearing on the appeal of the General Assistance
Evidentiary Hearing Decision by Ronald Rhymes.
Jewel Mansapit, General Assistance Program Analyst, Social
Service Department, presented the staff report on Mr. Rhymes
appeal .
Ronald Rhymes , appellant, appeared and gave- .testimony on his
appeal .
The hearing was closed and Supervisor Smith moved to deny the
appeal .
IT IS BY THE BOARD--.ORDERED that the above recommendation is APPROVED.
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.
Program Analyst
Appeals Unit ATTESTED June 22 , 1993
County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF
County Administrator SUPERVISORS AND CO N ADMINISTRATOR
Ronald Rhymes
BY ° , DEPUTY
Comra Costa County ROUTE 11P Social Service Department
TO: PCN: DATE:
is Please Check Corr Address
0: A. 30 Muir Road,Martinez Q z. 40 Douglas Dr.,Martinez
p.;T. 1340 Arnold Drive#220,Martinez ❑ Administration
:;: ;•. :(Training/Appeals)
❑.Area Agency on Aging
p M.'2500 AlhambraAve.,Martinez
❑
❑.c. 4545 Delta Fair,Antioch
❑` w. 3431 Macdonald Ave.,Rich. ❑ L. 100 Glacier Dr., Martinez
(Lion's Gate)
p: H. 1305 Macdonald Ave.,Richmond ❑ x. 2301 Stanwell Dr.,Concord
p; G. 3045 Research Dr., Richmond (Centralized Closed Files)
3630 SPablo DRdEI Sb [3Y. 2450 A Stanwell Dr.,Concord
❑ E. San ., o . (YIACT)
p R. 525 Second Street,Rodeo
❑ F. 330-25th Street, Richmond(PIC) ❑
.OTHER DEPARTMENTS
MARTINEZ ❑ Auditor/Controller ❑ DA Family Support
❑ County Administrator ❑ Welfare Section ❑ ❑ DA Investigations
❑ Risk Management ❑ Health Services ❑ Data Processing Services
❑ County Counsel ❑ County Hospital ❑ Probation
❑ Alternate Defender Ei Ward ❑ Purchasing
.=Q:County Personnel ❑ CCC Health Plan ❑ ❑
CONCORD WALNUTCREEK RICHMOND JUVENILE COURT
Q Central Services ❑Office of Revenue Collection " Q Public Defender ❑ Antioch
❑Public Defender ❑ ❑ ❑ Richmond
❑' Q Martinez
d—
OTHER:
AS'` ❑ Requested FOR ❑ Necessary Action NOTE & ❑ Return
❑ Discussed ❑ Information ❑ Discard
❑ Recommendation ❑ r-ile
❑ Approval/Signature
COMMENTS
r4J`�
FROM: p PCN: [77P�JfflBER
`: APPEALS � I&A
R 2(Rev.6/92) SEE REVERSE FOR ADDITIONAL COMMENTS
�;
Social Service Department Contra Please reply to:
40 Douglas Drive
Perfecto Villarreal Costa
Martinez,California 94553-4068
Director
County
RECEIVED
,
( - MAY 2 6 IqQ,�
'• � 4..Q
CLERK BOARD OF SLipvpvIS0,RS
\ � CONTRA
\coup% CQ TA Ci?.,
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
IN THE MATTER OF:
Ronald Rymes, Claimant County #:92-185044-W4JB
349 So. 39th St. Date of County Notice: 3-3-93
Richmond, Ca 94804 Effective Date of Action: 3-31-93
Filing Date:3-15-93
Hearing Date:4-25-93
Aid Paid Pending: Yes
Hearing Officer: Ruby Molinari
Work Programs Representative: Kareen Morgan, Supervisor
Place of Hearing: Richmond, Ca
ISSUE
Whether the claimant had good cause for failing a workfare
appointment on 2-1-93.
COUNTY ACTION AND POSITION
The county representative stated the claimant has been on and off
General Assistance for many years. His most resent application was
on 11-10-92. At that time he signed an agreement to comply with all
General Assistance requirements.
On 1-25-93 he signed an appointment slip which advised him of a
workfare assignment on 2-1-93 . The claimant failed that appointment
and has not presented a good cause reason for the failure.
CLAIMANT'S POSITION
The claimant testified he had previously missed an appointment and
had filed for a fair hearing on the discontinuance. He went to the
hearing but someone came out and told him it was resolved as he had
brought in an excuse. The claimant thought he did not have any
other appointments and certainly did not remember the workfare
appointment on 2-1-93 . He did verify that it was his signature on
the appointment slip.
REASON FOR DECISION
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,l,c, provides that
employable recipients must actively participate in the Job Club/Job
Search program.
Department Manual Section 49-111,II,F, provides for- good cause
reasons for failure to cooperate with program requirements.
Department Manual Section 49-111,II,H, provides that a willfulness
determination must be made for each. recipient failure to cooperate.
Willfulness must be more than a single instance of minor negligence
or inadvertence.
CONCLUSION
The claimant stated his failure to attend the workfare meeting was
due to an error on his part as he thought he did not have any
appointments following the resolution of his previous fair hearing
request. This is not a good cause reason for failing an
appointment, however, it is found the failure is not willful. The
claimant can reapply for General Assistance any time.
ORDER
The claim is denied.
�t i/
So ial Service Appeals Officer Date
11100
l- <
Program Manager, Appeals Date
If you are dissatisfied with this decision you may appeal the
matter directly to the Contra Costa County Board of Supervisors.
Appeals must be filed in writing with the Clerk of the Board, 651
Pine Street, Martinez, CA, 94553. Appeals lust 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 •
Inter - Office Memo
TO: Social Services Department DATE: May 24 , 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 Ronald Rhymes
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, June 22 , 1993 .
Attachment
CC:
Board Members
County Administrator
County Counsel
GA Program Analyst-SS Dept .
40Douglas Drive
The Board of Supervisgs Contra Phil Batchelor
• Clerk of the Board
and
County Administration BuildingCOsta County Administrator
651 Pine St., Room 106 J (510)646-2371
Martinez, California 94553 County
Tom Powers.1st District
Jett Smith.2nd District
Gayle Bishop.3rd District `• ,� O�
Sunne Wright McPeak 4th District ` c•
Tom Tortakson,5th District c .1
�'� COLMr
May 24 , 1993
Ronald Rhymes
349 So. 39th 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, at2 : 00 p.m. on
Tuesday, June 22 , 1993 .
In accordance with Board of Supervisors Resolution No. 75/28,
your written presentation and all relevant material pertaining to
the appealmust 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 Si1neryors,71, County Administrator
By (j, P/J A. -
An Cer illi, uty Clerk
Enclosure
cc: Board Members
Social Service Department
Attn: Appeals & Complaints
County Counsel
County Administrator
` . BOARD OF •ERVISORS OF CONTRA, COSTA COU•', 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 74/365i and; this Board therefore estab--
lishes these uniform procedures for- such appeals , effective
today.
1 . A written appeal must bel 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 Hoard 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 prezentation will be -
disregarded.
If the .facts upop which .phe„ appeal is based are not in
dispute, or if any. dispute.d•1`�ps!„are' not relevant to the issue
ultimately to be decided by .the Board', the Board will proceed
immediately to the next step•�1.thoutico.nsiderinP fact questions .
The parties may stipulate ,to,"ah a&reed set of facts .
4 . Once the facts are determined, or if there are no fact'
determinations required..Viitti�la pt al , the Board will consider
legal issues 'presented- by `ths -apppal. 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..BoardrI 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',lthe Board will take the matter
under submission, reserving its final Judgment until it receives
such advice.
-1-
RESOLUTION NO. 75/28
' • a �_ � i •
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, 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 P ,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 51above, 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 lit , 1975, unanimously by the Supervisors present .
MTIPIED 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 R 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.Deput Clerk.
an 1975
i -
cc: Director, Human Resources Agency
Social Service
County Counsel
County Auditor-Controller
County Administrator
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ay
R- a�j PdA-- W.0 1.1
4 0�ARI k) w-/4 'T hc-- SURD e-4-'-
A-luPt!�.v x _ _ e c o�Pw� 4c?7
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-
- - -- - - - - -RECEIVED
- - - -- - - -- -- - -- - I--MAY-211-..I99
3--- -CLEBOARD OF SUPERVISOR
CONTRA COSTA CO.
{
Please reply to:
Social Service Department Contra 40DoUglasDrive
Perfecto Villarreal Costa
Martinez,California 94553-4068
Director tlll.l tc.t
i
County
S
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GENERAL ASSISTANCE VIDENTIARY HEARING DECISION
IN THE MATTER OF: i
Ronald Rymes, claimant )ounty #:92-185044-W4JB
349 So. 39th St. Date of County Notice: 3-3-93
Richmond, Ca 94804 EffectiveiDate of.-Action: 3-31-93
Filing DaN�t:e-:3-15'-93
Hearing Date:4-25-93
Aid Paid Pending: Yes
Hearing Officer: Ruby Molinari
Work Programs Representative: Kareen Morgan, Supervisor
Place of Hearing: Richmond, Ca
ISSUE
I
Whether the claimant had good cause; for fai.lin5 a workfare
appointment on 2-1-93.
COUNTY ACTION AND POSITION
The county representative stated the claimant has been on and off
General Assistance for many years. His most resent application was
on 11-10-92. At that time he signed an agreement to comply with all
General Assistance requirements.
On 1-25-93 he signed an appointment slip which advised him of a
workfare assignment on 2-1-93. The claimant failed that appointment
and has not presented a good cause reason for the failure.
CLAIMANT'S POSITION i
The claimant testified he had previously, missed an appointment and
had filed for a fair hearing on the discontinuance. He went to the
hearing but someone came out and told him it was resolved as he had
brought in an excuse. The claimant thought he did not have any
other appointments and certainly did not remember the workfare
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appointment on 2-1-93. He did verify that it was his signature on
the appointment slip.
REASON FOR DECISION
I
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,H,1,c, provides that
employable recipients must actively participate in the Job Club/Job
Search program.
Department Manual Section 49-111,II,F, provides for good cause
reasons for failure to cooperate with ,program requirements.
Department Manual Section 49-111,II,H, provides that a willfulness
determination must be made for each recipient failure to cooperate.
willfulness must be more than a single instance of minor negligence
or inadvertence.
CONCLUSION
The claimant stated his failure to attend the workfare meeting was
due- to an error on his part as he thought he did not have any
appointments following the resolution of his previous fair hearing
request. This is not a good cause reason for failing an
appointment, however, it is found the failure is not willful. The
claimant can reapply for General Assistance any time.
ORDE
The claim is denied. .
I
-2,
So ial Service Appeals Officer Date
Program Manager, Appeals Date
If you are dissatisfied with this decision you may appeal the
matter directly to the Contra Costa County Board of Supervisors.
Appeals must be filed in writing with the Clerk of the Board, 651
Pine Street, 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 oflSupervisors appeal.
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W 4 5 w a d 55 o� T ham CIA,
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Gv4lVrer? A^vim /4�i4-T
p r\e(3 ,L) r
RECEIVED
MAY 2 11993
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
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Social Service Department Contra Please reply to:
40 Dcuglas Drive
Perfecto Villarreal Costa
Martinez.California 94553.4068
s
Director s
County
:ter.
GENERAL ASSISTANCE/EVIDENTIARYI! HEARING DECISION
I
IN THE MATTER OF:
Ronald Rymes, Claimant v1% ounty x':92-185044-W4JB
349 So. 39th St. Date of County Notice: 3-3-93
Richmond, Ca 94804 Effectivre: Date of Action: 3-31-93
Filing Da�te:3-15-93
Hearing Date:4-25-93
Aid Paid Pending: Yes
Hearing Officer: Ruby Molinari
Work Programs Representative: Kareen Morgan, Supervisor
I
Place of Hearing: Richmond, Ca
ISSUE
' I
Whether the claimant had good causel for failing a workfare
appointment on 2-1-93.
COUNTY ACTION AND POSITION
The county representative stated the claimant has been on and off
General Assistance for many years. His most resent application was
on 11-10-92. At that time he signed an agreement to comply with all
General Assistance requirements.
i
On 1-25-93 he signed an appointment slip which advised him of a
workfare assignment on 2-1-93. The claimant failed that appointment
and has not presented a good cause reason for the failure.
CLAIMANT'S POSITION
The claimant testified he had previously missed an appointment and
had filed for a fair hearing on the discontinuance. He went to the
hearing but someone came out and told him it was resolved as he had
brought in an excuse. The claimant thought he did not have any
other appointments and certainly did not remember the workfare
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appointment on 2-1-93. He did verify that it was his signature on
the appointment slip.
REASON FOR DECISION
i
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 ;9,1, 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, IIV,B,l,c, provides that
employable recipients must actively participate in the Job Club/Job
Search program.
Department Manual Section 49-111 ,II,F., provides for good cause
reasons for failure to cooperate with program requirements.
Department Manual Section 49-111,II,H, 1provides that a willfulness
determination must be made for each recipient failure to cooperate.
Willfulness must be more than a single instance of minor negligence
or inadvertence.
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CONCLUSION
The claimant stated his failure to attend the workfare meeting was
due - to an error on his part as he thought he did not have any
appointments following the resolution of his previous fair hearing
request. This is not a good cause reason for failing an
appointment, however, it is found the failure is not willful. The
claimant can reapply for General Assistance any time.
ORDER
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The claim is denied.
Social Service Appeals Officer Date
Program Manager, Appeals Date
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If you are dissatisfied with this decision you may appeal the
matter directly to the Contra Costa County Board of Supervisors.
Appeals must be filed in writing with the Clerk of the Board, 651
Pine Street, 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.
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ray,•.,.
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- :G70kh:� PFtOGRAMS='PLACEMENT;?,;�.
Cauli+., r AND ATTENDANCV AECORD; Depal tlnpT { '
---- - -- - ---- -------=---=- -c=cc--
FA
RT T�C I PANT: RONALD RHYMES CASE NO. 185044:00 EW PCN:
..-------------------------------------------------i-------------------------------------
ADDRESS: :.ii+ �_;. �+TI I STREET f TE L_EPHONE: MSCI:296 -1660
F:l C1-1MI'D 1140
Mow this form to the Work WOR 'ciCHET:it..11._I'
ASSIGNMENT: -_ ,
_ ] ttSupervisor when \ _ _ report : t th (_: 1cV Date I ].i'ilr::` .
time and place listed below: --- -- -- -- - ---- ----- - --- - �;
Work Site Agency: 1 Monday 1/25/93 2-00--4:30
.,E::L;lL: Rr',!.... BE-RVl.t._E:S, R7'CFil''ij_iND 16nday 2/01/93{ ,:(:)(:)-.41 : (:)
Dosition Title:
':•t_!f:.'(.,:.i.•.< .1. Requirements : ,
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1305 .. = i
Macdonald C] r=1'•;!:•. Richmond , L:r'I. :=iii].
_. t Work Prog _ _ 2/04/92
-iCil:i(:i ntfAent : at:; lots) Tt'- inspC1rtation to the _jr_IL site or
pi.Lk:--1.).p point IS YOUR RESPONSIBILITY.
is]:I__TT'Y.
IITI t1.) ff y(:1l.( are ri::?g1_tirt_. d to participate in
Ir';F+. � „ _. -r•'F.._ ..1_.
GAS= 'y=' 1. must continue to keep
all
... _....
L);_,(:: 1_:
�I�b i 1.) appointments(:!C:�].'i l t;(Ti(:-�i'i t: in addition to
F'...:r-i:ript r,'�' my Assignment hlC�rkf ar ,riintmeiii"._, shown on
II / i 4. form.
_. Signature D n t�-.a t. ...... F;:f:::
...
: Time In ! i :Lli)F:? L.1!_(t ! Tiit; F�I'i L: ! I"'c:!'i't1C:aF!c-�.11t: ' s Signature ! F•1C}t"'k:S). +:e L.ost(ilieini,=5
1 -------- 1 -------- 1 ------- 1 _....----------._...------�._.--- --------•--._... ' .--.. ...
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1 1 1 1 1
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1 1 1
Additional Comments' 1 1 Total Hcurd Worked" for Monti of".
Capt':.':1'.: :C.l.i e,i-it%F•�ir t i.c i.p��nt,-
rdC
Int(_I F;sit:e SUnE?rVispr Sionatl.)1-e ...at 1 Con, ?' Wor1:site6
F=i. te
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May 4 , 3993
Elk Horn Lounge
2012 Cutting Blvd
Richmond CA 94804
To Whom it May Concern:
This letter is to confirm that ! Ronald
Rhymes was working at the Elk Horn Lounge
Tuesday , May 4 , 1993 from 10 : 00 a . m . to
5 : 00 p . m. i
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For any further information call ( 510 )
234-4121 .
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Thank You
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GA 239 �,
NER L;ASSIS9'ANCE:PROGRA :.. . .. .,. �.CANT;RA•.s:�C.t7STq�. :�'�::._ �.•,.' .. .. . . .- .
�y DEL10/92 '..;:
NOTICED TE0.3-0'3—'93.' W4J B
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j!. °••CASE NAME P,H Y M C S R Q N A L D
.. t` NUMBER —0 — C
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WORKER NAME f :OU TELL t
NUMBER '. Vi 4 J 3
.TELEPHONE ;: 7 4—_9 7 2
ADDRESS
L.f. ..:
�. RICy"A'-)N,L' CA. 94FC9
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. ..Questions? Ask your Worker.
.. •1 de foto; ll
neeea lta:unr tr lducc l6n ame a au trabojader(a)
(ADDRESSEE)
.,_�....• .,_ .� Iln Ong/hi lids lec.vdi This einh-tildn-.-6m.-i.nh'n!ufn chjo dlch
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.345 SOUTH 24TH ST
YOU. :ALT; -KAP 'AEs :ITA NC WT L. .�i_: 1 T���E~ �`(= cC`I ti` `',4 =L ,— I )53
Orf r ri' ^.S 'nTn j, h�,^I f" i17 .i 1.'r (' + !r'r
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kIT� !ri�a�. �oJ 'tA:'1 Vit' ](JIr " v E;ILU C T-+ �.ic_=' YCLik R}= PC'J_STT: TLI.TIF '3
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I/Yri,' 1' r'!( Tt� i r,:�pc'LY r:7 R. 1:= r aL /G�,c-'' f '� IA'!Ct's YClU MAY ,1�� IN:
�T'7 AM M-1 9P. '%FT1 ^ -- -�-f>< crc4lrJlta' ,+-'_i"' yrUy
rirrlt;S''A`.'CS AT . THAT T: ME.
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ANY FIRTH=? :=.AI1_J•'•, f T-T MEET THF- EL 1`1 I3 IL I TY . REU IkFV,CNTS [f ,ENERAL .
A ' I STA"NICi-, -MAY ?ES UL T IN ANOTHER PER100, Of lNEL.I GI E:IL I!T.N r:
IF YCU. .HAI�'= A,lY QLi.ESTIt'J • 'OR YOU:.f3:'_tTSV'E" TN It A-CT. IA I`f�t'j:ikfiEC1*. f3;P . .
YOU WI S4 TO -::GTVE .YOUR REASO°�S WHY YOU TN INK ANY FAYLURE TC ClbP.FRAT F CP
TU f CHPLY WITH - GA -R. EQUI htf.t`l!=;N TS SHOULD, BE..EXCUSE us- YC)JJ-- ARE `.EA T'ITLE0 ,TC
1 T?•11 T UJ_ `- T 1 S T... YCU .7K -" j C'1
T;-� �: l ,.J THE HI:v �,, CJI .'! YCUP rig), ._;; `7R HE �vP�-F':°JI
THIS �Af. TI.o3 j IC ^.. 'atl.Iorn yY T!iF:= f=9Lt:3:WiNG LAWS #.r;L'/^? Rf-Gt1LATICIJ;:
CC PAz;:TMENT :'•1AIN UAL , SF TIU'IS= dt9- 1J2 AP'PL-ICAT.rr AIN,C .:uEC > ?TI ^l
+ 4`�•- 1LI OI ST;C�aTTNiJEr GC�,.0 CQ::SEs
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Social "Service Department Contra Please reply to:
0 Douglas Dr;ve
Perfecto Villarreal Costa nlartinez,California 94553-4068
Director
County RECEIVED
SE.-C
MAY 2 6 1993
'�irl
�?' '' 'is_ •� � CLERK BOARD OF SUPERVISORS
�
CONTRA COSTA CO.
\JrT o
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
IN THE MATTER OF:
Ronald Rymes, Claimant County #:92-185044-W4JB
349 So. 39th St. Date of County Notice: 3-3-93
Richmond, Ca 94804 Effective Date of Action: 3-31-93
Filing Date:3-15-93
Hearing Date:4-25-93
Aid Paid Pending: Yes
Hearing Officer: Ruby Molinari
Work Programs Representative: Kareen Morgan, Supervisor
Place of Hearing: Richmond, Ca
ISSUE
Whether the claimant had good cause for failing a workfare
appointment on 2-1-93.
COUNTY ACTION AND POSITION
The county representative stated the claimant has been on and off
General Assistance for many years. His most resent application was
on 11-10-92. At that time he signed an agreement to comply with all
General Assistance requirements.
On 1-25-93 he signed an appointment slip which advised him of a
workfare assignment on 2-1-93 . The claimant failed that appointment
and has not presented a good cause reason for the failure.
CLAIMANT'S POSITION
The claimant testified he had previously missed an appointment and
had filed for a fair hearing on the discontinuance. He went to the
hearing but someone came out and told him it was resolved as he had
brought in an excuse. The claimant thought he did not have any
other appointments and certainly did not remember the workfare
l '
appointment on 2-1-93 . He did verify that it was his signature on
the appointment slip.
REASON FOR DECISION
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,l,c, provides that
employable recipients must actively participate in the Job Club/Job
Search program.
Department Manual Section 49-111,II,F, provides for good cause
reasons for failure to cooperate with program requirements.
Department Manual Section 49-111,II,H, provides that a willfulness
determination must be made for each, recipient failure to cooperate.
willfulness must be more than a single instance of minor negligence
or inadvertence.
CONCLUSION
The claimant stated his failure to attend the workfare meeting was
due to an error on his part as he thought he did not have any
appointments following the resolution of his previous fair hearing
request. This is not a good cause reason for failing an
appointment, however, it is found the failure is not willful. The
claimant can reapply for General Assistance any time.
ORDER
The claim is denied.
So ial Service Appeals Officer Date
Program Manager, Appeals Date T
If you are dissatisfied with this decision you may appeal the
matter directly to the Contra Costa County Board of Supervisors.
Appeals must be filed in writing with the Clerk of the Board, 651
Pine Street, 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.
Contra costa County ROUTE SLIP Social Service Departmem
TO: PCN: DATE:
s�
Please Che Correct A dress
❑ A. 30 Muir Road,Martinez ❑ z. 40 Douglas Dr.,Martinez
❑ T. 1340 Arnold Drive#220,Martinez ❑ Administration
(Training/Appeals)
❑ M. 2500 Alhambra Ave.,Martinez ❑ Area Agency on Aging
❑ c. 4545 Delta Fair,Antioch ❑
❑ w. 3431 Macdonald Ave.,Rich. ❑ L. 100 Glacier Dr.,Martinez
(Lion's Gate)
❑ H. 1305 Macdonald Ave.,Richmond ❑ x. 2301 Stanwell Dr.,Concord
❑ G 3045 Research Dr., Richmond (Centralized Closed Files)
❑ Y. 2450 A Stanwell Dr.,Concord
❑ E. 3630 San Pablo Dam Rd., EI Sob. (YIACT)
❑ R. 525 Second Street, Rodeo
❑ F. 330-25th Street, Richmond(PIC) ❑
I
.OTHER DEPARTMENTS
MARTINEZ ❑ Auditor/Controller ❑ DA Family Support
❑ County Administrator O welfare Section p ❑ DA Investigations
❑ Risk Management ❑ Health Services ❑ Data Processing Services
❑ County Counsel p County Hospital ❑ Probation
❑ Alternate Defender p Ward ❑ Purchasing
❑ County Personnel ❑ CCC Health Plan p ❑
CONCORD WALNUTCREEK RICHMOND JUVENILE COURT
p Central Services ❑Office of Revenue Collection ❑Public Defender ❑ Antioch
❑Public Defender ❑ ❑ ❑ Richmond
❑ ❑ Martinez
HER: �.
AS ❑ Requested FOR ❑ Necessary Action NOTE b ❑ Return
❑ Discussed ❑ Information ❑ Discard
❑ Recommendation ❑ rile
❑ Approval/Signature
COMMENTS
FROM: PCN: TELEPHONE NUMBER
APPEALS � v, 3J -1790
R 2(Rev 6192) n err Driienrr rnn AI f'—MR14—
RECEIVE
--- ---- -MAY--2-,g-1993--�-- -- - ------- -- - ---------------�-�=:--���a o_...
CLERK BOARD OF SUPERVISORS 6f
L CONTRA�OST.q
ECO vt6
MAY 21 1993.-_
D SOCIAL SERVICE ANTIOCH-
J� �.o� ..C�r✓'c���_ at-�cc,�ccr� ��-m. m^�a-= 3!�j l�,_l_y�3
- ---- --------�''-`eco'-- ��_w_�----:-==� �:r------ ---- ----•- ----.---------------- --- �-----
ti��JV�vrnJ
Please reply to:
Soclal.Service Department Contra RECEIVED ❑ Appeals
Costa _ (510) 313-1790
Perfecto-Villareal County MAY 21 1993 40 Douglas Dr.
Director W
SOCIAL Martinez, Ca. 94553
SERVICE A1VTIOCH
GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION
Appeals Officer: Hearing Date:
Place of Hearing: artinez ❑ Antioch ❑ Richmond
The proceeding was tape recorded and all testimony and evidence was accepted under penalties of perjury.
INTHEMATTER :
70,
� Case #07- —
FlingOate:
Aid Paid Pending Hearing es ❑ No
Date of Notice: � --
�� /`/ Effective Date of Action:
PRESENT:. '
ounty Representatives)4
Gaimant ~
-
2e 2.
T:...
Authorized Representative(s)-
C] Witness(es):
❑ Other:
ACTION UNDER APPEAL:
❑ Denial iscontinuance _
❑ Application Date ffective Date
❑ Notice of Action Q-lotice of Action
&-Period of Ineligibility
ISSUE:
❑ Employment Requlremcnts Jnemployability Requirements
❑ Employability Assessment ❑ Medical Verification
❑ lob Search ❑ Unemployability AssesSrnent
Worklare [1 AIRS dSSeSSment and p rlr(rpatiOn
[j fol)Quill l tied It), �a�: [ it•r'
p 011r�r
I Good Gals ---
r- �:tilll�ll� 1 '
GENERAL ASSISTANCE EVIDENTIARY NEARING DECISION (cont'd.)
JURISDICTION (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
EVfDENCE CONSIDERED :
C 'mant Testimony ❑ Documentary
County TestimonyGA 34 Cooperation Agreement
❑ P 9
Document Date:
❑ Assessment Appointment Notice
❑ Work Programs Notice
❑ Other:
DISPOSITIONAL FINDINGS/CONCLUSION
The evidence and.testimony having been heard and considered,the following findings are reached:
aimant cei receive notice of the particular assignment under review
QCfaimarit waet capable of understanding and meeting the particular assignment under review::,::,
❑ Educational U Physical ❑ Emotional (DM 49-102 II B.)
❑Good Cause (DM 49-11 1 II F)
❑ Good Cause Exists d Cause Does Not Exists
❑ Employment has been obtained
❑ Scheduled Job Interview or Testing
❑ Mandatory Court Appearance
❑ incarceration.
p Illness
❑ Death in the Family
❑; Circumstances beyond Applicant/Reopient's control
MW/-1/1fu tress (DM 49-111 II H)
illfulness Exists ❑ Willfulness Does Not Exists
❑ Failure was deliberate and intentional ❑ County rescinded willfulness determination
❑ Failure wastmore than a single occurrence ❑ County failed to provide sufficient evidence to
❑ Failur 'was the result of intentional mistake/omission establish willfulness
E) F we was inoicative of a pattern of non-cooperation ❑ Other
FaU=_ Was without lea--�xable cake or ena_-e
O odyi
GENERAL ASSITANCE EVIDENTIARY HEARING DECISION(cont'd)
SUMMARY OF FACT AND STATEMENT OF THE EVIDENCE:
There was no factual dispute. The claimant knew of and admitted to
both his general obligation and specific responsibilities. The
claimant testified that he wasn't sure as to the specific reason for
his failure to attend the March 15, 1993, GAADDS meeting. The
claimant mentioned various problems such as a back problem, physical
problems with his leg and knee, a past history of physical problems
due to long-term drug abuse, a total lack of transportation, a lack of
funds to provide basic needs and a problem with his girlfriend's
daughter. The claimant seemed to indicate that any and all of these
problems could have contributed to this failure but was not able to
specifically attach any of these difficulties to the March 15 failure.
The claimant's basic appeal was that he was in great need and was
desperate, but he was unable to establish that this specific failure
was in any way directly caused by forces or circumstances beyond his
control. While it is obvious that the claimant was in need and was in
acute distress, the resolution of this matter hinges on the claimant's
direct responsibility to meet program requirements.
The claim is denied.
ORDER:
Cl m 11 Denied: claim Dismissed:
Aid shall be discontinued and the Period of Ineligibility
imposed.
0 Aid shall be discontinued. The Period of Ineligibility
shall be expunged from the record. Claimant may reapply at
any time.
11 Claim Granted:
❑ General Assistance shall be restored. The proposed
discontinuance is reversed. The Period of Ineligibility
shall be expunged from the record.
13 other:
11 Written copies of the Order were issued by 0 mail 0 at Hearing
❑ Additional Regulatory Authority was attached to the foregoing
Orde
Pro c am an 1 Date
Assistant Director Date
If you are dissatisfied with this Decision you may appeal the
matter directly to the Contra Costa County Board of Supervisors.
Appeals must be filed in writing with the Clerk of the Board, 651
Pine Street, Room 106, Martinez, CA 94553 . Appeals must be filed
within thirty (30) days of the date of the Evidentiary Decision.
No further aid paid pending a Board of Supervisors appeal.
CAC 23(revised 6/92)
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