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Home My WebLink AboutMINUTES - 06081993 - H.6 FROM: Perfecto Villarreal, Director Social Service Department DATE: June 8, 1993 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION BY CLIFTON JOHNSON SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Clifton Johnson's appeal of the General Assistance Hearing decision. BACKGROUND: Claimant filed request for Hearing on March 13, 1993. The hearing was scheduled for April 15, 1993. The claim was denied. Signature: ACTION OF BOARD ON 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 Clifton Johnson. Jewel Mansapit, General Assistance Program Analyst, Social Service Department, presented the staff report on the appeal . Clifton Johnson, 3223 Ohio Avenue, Richmond, appellant, appeared and presented testimony reltive to his appeal . On recommendation of Supervisor Powers , IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED:.and the appeal by Clifton Johnson from the General Assistance Evidentiary Hearing Decision is DENIED. VOTE OF SUPERVISORS: x UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AD ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Social Service Dept. ATTESTED June 8 , 1993 Appeals Unit Program Analyst PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS ND CO NTY ADMINISTRATOR County Administrator Clifton Johnson BY , DEPUTY { �� -�� f''� ��i ��vi� ` .� -� � .+�l Ot {{// � ! l,i 1' `� / ,��: �� 1 ��1 ;� �` .... i .....r� ti- J i ,} .i, '�.. y� �� ,\ i' r, ` �� j'`'. ' �'� ,i .... ` ;�. l ;�. �� ,,�j �: �r; �- � n �, _ � �, � � .:.-�, 'R,,-, �y f -''' ;-- �> -� y - .,, ' �` ��, ;:t'��+` ,+�. ��.. ��t ..;:. i �� .�'.. "�,'r ��.�: ,Y�`,;: �..�,' .. � `_ i.�.. 40TICE OF PROPOSED ACTION COUNTY OF GA 239 H aENERAL ASSISTANCE PROGRAM CONTRA COSTA DEL.10I192 NOTICE DATE 03_0-If—93 W4J D` CASE NAME JOHNSON CLIFTON NUMBER ( 09=-0 48 892 ti CO—(' WORKER NAME S GIB SON NUMBER TELEPHONE 374— 374—35 7 ' ADDRESS 3431 M ACDON AL C AVENUE RICHMOND CA 948C5 fS� Questions? Ask your Worker. 51 neceaita una traducci6n de fate, Mame a au trabajador(a) ADDRESSEE) ,ln eng/oa lian lic di Tn3m ainn elan cua a?nn nau can C:n dicn F CLIFTON 0 JOHNSON eA ^�Y-�^-�Q -�►* 3223 OHIO AVE 9 APT C RICHMON09 CA 94804 L J YOUR GENERAL ASSISTANCE WILL BE DISCONTINUED EFFECTIVE MAR 31it 19933 - EECAVSE YOU HAVE DEMONSTRATED WILLFUL NONCOOPERATION CR NCNCOMPLIANCE WITH JOB CLUB REEQUIREMENTS BY FAILURE TO MEET YOUR RESPONSIBILITIES WITHOUT GOOD CAUSE IN THESE SPECIFIC INSTANCES: DATE OF FAILURES) NATURE OF FAILURES) ••2 '�'��' 13 ��7`j Cl-ci� BECAUSE OF THESE FAILURES YOU WILL BE INELIGIBLE TO GENERAL ASSISTANCE FOR A PERIOD OF ONE MONTH. IF YCU WISH TO REAPPLY FOR GENERAL .ASSISTANCEv YOU MAY AGAIN BEE ELIGIBLE TO AID ON OR AFTER _J �'/' '> DEPENDING UPON YtUR CIRCUMSTANCES AT THAT TIME. ANY FURTHER FAILURE TO MEET THE ELIGIBILITY REQUIREMENTS OF GENERAL ASSISTANCE MAY RESULT IN ANOTHER PERIOD OF INELIGIBILITY. IF YCU HAVE ANY QUESTIONSv OR YOU BELIEVE THIS ACTION IS INCURRECT9 OR YOU WISH TO GIVE YOUR REASONS WHY YOU THINK ANY FAILURE TO COOPERATE OR TO COMPLY WITH GA REQUIREMENTS SHOULD BE EX�USEQ YOU ARE ENTITLED TC TALK ABOUT THESE THINGS WITH YOUR WORKER OR HE SUPERVISOR. THIS ACTION IS REQUIRED BY THE FOLLOWING LAWS AND/OR REGULATIONS DEPARTMENT MANUAL SECTIONS: 49-102 APPLICATION AND RECEPTION 49-111 DISCONTINUES GOOD CAUSE-v WILLFULNESS AND PERIOD OF INELIGIBILITY 49-210 EMPLOYABLE PROGRAM BOARD RESOLUTION 921553 51-500 EMPLOYMENT SERVICES GA239 DISC— FAILED T0. "EET .EMPLOYMENT REQUIREMENTS• POI 051- 4 239H(5/87) 030293 H Social Service Departmt;fit Contra Please reply to: 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 Director County 16 April 1993 $' sTAciiun`�' Clifton Johnson 3223 Ohio Ave. #C Richmond, CA. 94804 Dear Mr. Johnson, Per the Appeals Officer's instructions,your Work Programs counselor contacted Ms.Geneva Turner about your job interview on February 4. Whereas Ms. Turner verified that you had an interview that day, she also acknowledged you could have easily called her to reschedule the interview, considering you were assigned to Job Club that morning. Based on the facts that you forgot the February 4 Job Club, per your own statement, and that you could have re-scheduled the conflicting interview in any case, the County's position remains that you did not have good cause for failing to appear for Job Club. Feel free to contact the Appeals Officer if you wish to respond to our finding. Sincerely, Kareen Morgan Employment Services Coordinator (510) 313-1605 socia! Service Department Contra Please reply to: 40 Douglas Drive Perfecto Villarreal costa Martinez.California 94553-4068 Ditector County J, __.., � (,IIS�, 1J G 1� � 14 CLERr, 6--C i It GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION IN THE MATTER OF: , Clifton Johnson, Claimant County #: 92-488924-W4JD 3223 Ohio Ave Apt.0 Date of County Notice: 3-5-93 Richmond, Ca 94804 Effective Date of Action:3-31-93 Filing Date:3-13-93 Hearing Date:4-15-93 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 missing a job club on 2-4- 93. A job club failure on 3-4-93 was resolved prior to the hearing so it is not an issue for this hearing. COUNTY ACTION AND -POSITION The claimant was first known to work programs in 11-92. He attended a job club on 1-7-93 where he received a workfare assignment and an appointment for a job club on 2-4--:93. The claimant failed to attend the job club and on 3-19-93 brought in a note saying he had a job interview on that date. The County did not accept the job interview as a good reason for missing the job club. The reasons for not accepting it are (1) it was not provided until six weeks after the failure, and (2) the job interview could have been scheduled at a time other than the job club hours of 10:00 to 12:00 am. CLAIMANT'S POSITION The claimant stated he had previously worked as an attendant for a disabled lady. She called when he was not home and left a message that she needed help again. When he called her back she told him to come that day and at that time. He said she was interviewing other people at that time and so he did not believe he could have arranged another time. The record was left open for him to submit a statement from the lady verifying that he could not have had the job interview at any other time. Nothing was received from the claimant so the record was closed. 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,i,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 failed job club and did not present evidence that the job interview could have been scheduled at a time which did not conflict with the- job club. The County's discontinuance action is upheld but no willfulness is found. The claimant can reapply any time. ORDER The claim is denied. Social Service Appeals Officer Date Program Manager, Appeals Date i 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. • CLERK OF THE BOARD • Inter - Office Memo TO: Social Services Department DATE: May 17 , 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 Clifton Johnson 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 8 , 1993 Attachment cc: Board Members County Administrator County Counsel GA Program Analyst-SS Dept . 40Douglas Drive The Board of Supervises Contra . Clerk of a Board and County Administration BuildingCota County Administrator Costa 651 Pine St., Room 106 J (510)646-2371 Martinez, California 94553 County � J Tom Powers.1st District Jeff Smith,2nd District Gayle Bishop.3rd District Sunne Wright McPeak 4th District Tom Toriskson,5th District .1 � T May 17, 1993 Clifton Johnson 3223 Ohio Avenue Apt. C 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, June 8 , 1993 . In accordance with Board of Supervisors Resolution No. 75/26, 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' ors a County Administrator By14444 n erve 1, Deputy C erk Enclosure cc: Board Members Social Service Department • Attn: Appeals & Complaints County Counsel County Administrator BOARD OF 4FERVISORS OF CONTRA COSTA COU&, 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 71+/365; and this Board therefore estab-• lishes these uniform procedures for. such appeals, effective . today. 1. A written appeal must be filed with the Clerk of. the Board of Supervisors within 30 days after the decision by the Hearing Officer of the Social Service Department 's Complaints and Appeals Division. 2. Both the Appellant (the General Assistance applicant or recipient) and the Respondent (the Social Service Department) must file all written materials at least one week before the (late set for Board hearing of the appeal. +. 3. Upon hearing of the appeal , the Board shall make any required fact determinations based .on the record on appeal. This record shall include the Department 's 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 e.d.1`aGg;are' not relevant to the issue ultimately to be decided by .the Boa'rd', the Board will proceed immediately to the next sVep-..X1tbouticonsidering fact questions. The parties may stipulate ,to'"ah e.f';reed set of facts. 4. Once the facts are determined , or if there are no fact determinations required. bittie�Ute 'lal, the Board will consider legal issues 'presented- by--ths -apFpal. Legal issues are to be . framed, insofar as possible, before the hearing and shall be based on the Department 's Hearine 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- RESOLUTION NO. 75/24 , 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 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 contract w.Ith :a hearing officer, who shall . be a member of the California Bar, ,to act on its behalf in con- ducting General Assistance appeals . The Board 's Hearing Officer shall follow steps . l through ,4 .above,, and shall recommend .a proposed decision, stating findings off' fact and summarizing the reasoning of the proposed decibion. The Board then will in its discretion, adopt the proposed decision, adopt a modified de- cision in accordance with step 5 above, or reject the proposed decision and render an independent decision based on its own interpretation of the record on appeal and applicable law. j PASSED on January 111 , 1975, unanimously by the Supervisors present. URTMED COPY I certify that this is a NII, true ! correct copy of the original document which is on file in m7 office, 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!esofficlo Clerk of sold Board of Supervisors, by Debut Clerk. on1975 cc: Director, Human Resources Agency Social Service County Counsel County Auditor-Controller County Administrator jovial Service Departrfnt Contra • Please reply to: 40 Douglas Drive perfecto Villarreal CostaMartinez.California 94553-4066 Difector J County J" 14 a. 44.1 -.r .. _.. .. GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION I IN THE MATTER OF: . Clifton Johnson, Claimant County # : 92-488924-W4JD 3223 Ohio Ave Apt:C Date of County Notice: 3-5-93 Richmond, Ca 94804 Effective Date of Action: 3-31-93 Filing Date:3-13-93 Hearing Date:4-15-93 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 missing a job club on 2-4- 93. A job club failure on 3-4-93 was resolved prior to the hearing so it is not an issue for this hearing. COUNTY ACTION ANDPOSITION The claimant was first known to work programs in 11-92. He attended a job club on 1-7-93 where he received a workfare assignment and an appointment for a job club on 2-4-93 . The claimant failed to attend the job club and on 3-19-93 brought in a note saying he had a job interview on that date. The County did not accept the job interview as a good reason for missing the job club. The reasons for not accepting it are (1) it was not provided until six weeks after the failure, and (2) the job interview could have been scheduled at a time other than the job club hours of 10:00 to 12:00 am. CLAIMANT'S POSITION The claimant stated he had previously worked as an attendant for a disabled lady. She. called when he was not home and left a message that she needed help again. When he called her back she told him to I r come that day and at that time. He said she was interviewing other " people at that time and so he did not believe he could have arranged another time. The record was left open for him to submit a statement from the lady verifying that he could not have had the job interview at any other time. Nothing was received from the claimant so the record was closed. 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 failed job club and did not present evidence that the job interview could have been scheduled at a time which did not conflict with the job club. The County's discontinuance action is upheld but no willfulness is found. The claimant can. reapplyany time. ORD R The claim is denied. social! 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 of Supervisors appeal. • Please reply to: Social Service Departtent Contra 40 Douglas Drive Perfecto Villarreal Costa Martinez,California 94553-4068 s Difector J County RECEIVES `�� Eh` P�1AY 141993 CLERK BOARD OF SUPERVISORSCONTRA COSTA C4. COU- GENERAL ASSISTANCE EVIDENTIARY HEARING DECISION IN THE MATTER OF: Clifton Johnson, Claimant County #: 92-488924-W4JD 3223 Ohio Ave Apt.0 Date of County Notice: 3-5-93 Richmond, Ca 94804 Effective Date of Action: 3-31-93 Filing Date:3-13-93 Hearing Date:4-15-93 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 missing a job club on 2-4- 93 . A job club failure on 3-4-93 was resolved prior to the hearing so it is not an issue for this hearing. COUNTY ACTION AND POSITION The claimant was first known to work programs in 11-92 . He attended a job club on 1-7-93 where he received a workfare assignment and an appointment for a job club on 2-4-93 . The claimant failed to attend the job club and on 3-19-93 brought in a note saying he had a job interview on that date. The County did not accept the job interview as a good reason for missing the job club. The reasons for not accepting it are (1) it was not provided until six weeks after the failure, and (2) the job interview could have been scheduled at a time other than the job club hours of 10:00 to 12:00 am. CLAIMANT'S POSITION The claimant stated he had previously worked as an attendant for a disabled lady. She called when he was not home and left a message that she needed help again. When he called her back she told him to come that day and at that time. He said she was interviewing other people at that time and so he did not believe he could have arranged another time. The record was left open for him to submit a statement from the lady verifying that he could not have had the job interview at'- any other time. Nothing was received from the claimant so the record was closed. 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,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 failed job club and did not present evidence that the job interview could have been scheduled at a time which did not conflict with the job club. The County's discontinuance action is upheld but no willfulness is found. The claimant can reapply any time. ORDER The claim is denied. Q6A TLI�� s6ciay 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 of Supervisors appeal. 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 shgwn. ATTESTED: le3 PHIL B CHELOR,Clerk of the Board Supero rs and Coun Administrator 0 CC : County Counsel By •Deouty Social Service Dept . Attn: Jewel Mansapit Carter Kennard i