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MINUTES - 03011994 - H.5B
I H.5 TO: Board of Supervisors FROM: Perfecto Villarreal, Director Social Service Department DATE: March 1, 1994 SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING D E C I S I O N B Y C O N N I E B O R J A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND JUSTIFICATION RECOMMENDATION: That the Board deny Connie Borja's appeal of the General Assistance Hearing decision. BACKGROUND: • Claimant filed requests for Hearing on October 22, 1993 and November 19, 1993. The Hearing was scheduled for November 22, 1993. The claim was denied. Signature: lJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ACTION OF BOARD ON March 1, 1994 APPROVED AS RECOMMENDED x OTHER On February 15 , 1994 , •.the- Board of Supefvisors continued to this date the hearing on the appeal by Connie Borja from the General Assistance Evidentiary Hearing decision. Jewel Mansapit, General Assistance Program Analyst, presented the staff report. The appellant did not appear. IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and the appeal by Connie Borja is DENIED. VOTE OF SUPERVISORS _x UNANIMOUS (ABSENT ) AYES: NOES ABSENT ABSTAIN Contact: Jewel Mansapit, 313-1601 Original: I HEREBY CERTIFY THAT THIS IS A cc: Social Service Dept. TRUE AND CORRECT COPY OF AN ACTION Program Analyst TAKEN AND ENTERED ON THE MINUTES Appeals Unit OF THE BOARD OF SUPERVISORS County ' Counsel ON THE DATE SHOWN. County Administrator Connie Borja March 1, 1994 CC Legal Services Foundation ATTESTED PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY0a De uty Clerk 14 . 5 CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: February 1, 1994 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SUBJECT: Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Connie Borja =aaaasaaaaaaaaaaaeaaa¢asaaaaaaaaaaaaaaaanaa==aaaaaaaa=seas 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 by February 8, 1994 plus any information which your department may wish to file for the Board appeal which is set for 11: 00 a.m. on Tuesday, February 15, 1994 . Attachment CC: Board members County Administrator County Counsel The 'Board of Supervi� :yrs Contra "k'"Batchelor and County Administration Buildinga Costa County Administrator 651 Pine St., Room 106 V (510)646-2371 Martinez, California 94553 County Tom Powers,let District .MI Smflh,2nd District Bayle Bishop,3rd District Sunne Wright McPwk 4th District Tom Torlskson,5th District February 1, 1994 ±rJr. ..:N"y• Connie Borja 316 Lake Avenue Rodeo, CA 94572 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 11:00 a.m. on Tuesday, February 15, 1994. In accordance with Board of Supervisor Resolution No. 92/554, 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 Supervisors and County Ad4mintr' r By C vel i, eputy Clerk Enclosure CC: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CAUFORNIA • Adopted this Order on August 4,1992 by the following vote: AYES: Supervisors Fanden, Schroder, Torlakson, Week NOES: None ABSENT: Supervisor Powers ABSTAIN: None sss:sssssssssssssssssssssssssssssssssssssssssssssssss SUBJECT: General Assistance Hearing } Resolution Number 92/154 and Appeal Procedures } The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365,75/28, 87/468, and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: pan 1 Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice,mailed at least 10 days prior to the effective date, of proposed action which will reduce,suspend or terminate his or her General Assistance grant for cause.Prior notice is not required for action resulting from Board of Supervisors' changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department bearing upon their timely written request. (a) 7be applicant or recipient must deliver or mail a written request for a bearing within fourteen days of the date the Notice of Action was mailed.Absent evidence to the contrary,the notice is presumed to have been mailed on the date it bears, and a request for a hearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. Where a GA recipient timely requests a bearing challenging a proposed action which will reduce,suspend or terminate his or her General Assistance grant,the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes to grant levels are not appealable,and bearing requests based thereon may be summarily denied. 105. Hearings will be scheduled within thirty days of the date of receipt of a request for a bearing. 7be Appeals Unit will mail a written notice of the bearing to the claimant at least ten days in advance of the Hearing date. 106. When a request for a bearing bas been received,the claim may be reviewed and resolved in the claimant's favor by a pre bearing review. (a) Proposed pre bearing resolutions:hall be reviewed and approved by the Appeals Manager and the General Assistance Polity Manager. 107. If the claimant is unable to attend the bearing at the originally scbeduled date and time,and a timely request for postponement h made,the Hearing Officer will make an evaluation of the request.7be bearing will not be continued beyond the bearing date unless authorized by a Hearing Officer on one of the following grounds,which require verification: (a) bearing is continued at request of the Social Service Department, (b) mandatory court appearance which cannot be accommodated by adjusting The bearing time, • (c) iilaess which prevents travel, (d) death in the immediate family, (e) other substantial and compelling reason. (as approved by the Appeals Manager) 308. Decision (a) A written decision shall be malled to the claimant within thirty days after the bearing record is dosed,unless the Department extends the time in writing„for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General . Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are act subject to change,but the General Assistance Policy Manager may order re- hu&g for cause. Pan 2 Appeals to the Board 281. The applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors within fourteen days after the decision has been mailed to the claimant.Absent evidence showing the contrary, a bearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Board will not stay the implementation of the Hearing decision, and the recipient shall not be entitled to continue to receive assistance pending further bearing. (b) The appeal will be scheduled for the fust available Board meeting,but no earlier than the third meeting following receipt of the appeal. 203. The Administrative Review Panel may review appeals of Hearing decisions and recommend proposed action to the Director. : (a) V the Director supports the bearing decision,the Appeals unit will be notified to proceed with the presentation to the Board. (b) U the Director finds in favor of the claimant,the Clerk of the Hoard will be notified to withdraw the item from the Hoard agenda The appropriate Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department must file all written materials at least one wetk before the date set for the Board bearing.New material must be served by mail on the opposing party. 205. (a) Upon bearing the appeal,the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board.This record:ball include the Department's Hearing Of fact findings,plus any papers Sled with that Officer. (b) N the facts upon which the appeal is based are not in dispute or if say disputed bets are not relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the next step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLUnON NUMBER 92/!S4 .E } 206. l (a) Once the facts are determined, or if there are no fact determinations required by the appeal, the Board will consider legal issues presented by the appeal.Legal issues are to be framed, insofar as possible,before the Hearing and shall be based on the Department's Hearing ti Officer's derision and such other papers as may be filed. (b) Appealing parties may make legal arguments both by written brief and orally before the Board. If the issues are susceptible of immediate resolution,the board may immediately deride them at the appeal bearing. If the County Counsel's advice is needed on legal questions,the Board may take the matter under submission,reserving its final judgment until it receives such advice. 207. «sThtmBoard may decide an appeal immediately after bearing or take the appeal under f1wdMor"Mtob•aodWWW Off d gn SoW 13ton end 0 hObW 10"**W d Ns boor"so go am z AtrEsrof iWWSM�wd oo W nae DO �2�.rz A We.= 9 owa RESOLUTION NUMBER 92/ r,� _ II lLi e ,y�f eato a/.d Tan (/er y �/ss,4�/S•!-j Cc� G(.'!f� t/O[.Gr d��'/.$'/ O�CJ�• .o Poe a/,•til ,6e c,4vS&- I w e.-�T T 7dlat a4c zfe oleo %o ,e aid c�i,� .� �cf T ear/Y 50 C-.0 u.,Id�Jt, 9,r o iF u,✓T/� TLi e- o exr-EXE T m _— � v o -0 WAS %��J 5 - e�� T� LLU 68a C' v�c1 GqG �v. �`ic.� T T� ie/ G,e�� ✓us T > N ►- �8 Cam, y"�� �'rrrres a�✓� -� � s� /7a` vN� of'f' W N 04. 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Social Service:Department Contra r 40 Douglas D•rive Perfecto Villarreal Costa Martctlet.,Ciltttorenp"M3.24 Ouatror � Post-It",brand fax transmittal memo M1 •a pages► T_ FrOtt7 n f P f A t 4 �f Dept PttQna A • Fax fax M Evidentiary Hearing Decision ER OX1 .' Opnn4e Borja County �'07�-C--427680 :41d. Ult St; Lower Apt. fiats of Caunty Notice:iQ43A�-93 :. lg6de6 ; `CA . 9072 Effective Date .of Action: 10 .31-93 Filing Date: 10-22 & 11 '4.43 Hearing Date: 11-22-93 Aid Paid Pending: Yds ppeAl,q:Officer Barbara R. Weidenfeld 4Nou ity. ;Reptesent.ative i : Carp Dud1-dy . :;Mase of Heating: Richmond Metber the county correct y pztapased. discontinuance +of - thaiznarit's' General As ''is . k�acause she fa�.led, without .go©d . cause, 'to- ind et the e�mgidyment requirements of the program. ;:Whether. the c-laimantIs ..failure -.war wi11ful, so as to require a ;three`pohth period of, ineligibility. he, cla:intant.' .an employable General:Assistance recipient signed.stn Qn :March •3, 1993 agi"i•Ag;to cooerativdly partic ,.work ' ,arc�gaam assignmentsfhclud'ing, in part, to appear far 1Workfare, jab •club and:to be on'tiiae. 'he t1almant .was discont4nued Ior:'failure to appear for workfare.•on - fii. p�Oi6i: 15. :,and Sept Mber. 22.: Although the claimants �totk ' kcza>as °Placement sc Attend since record was headed up with j _ a tuber;:peirson 1 s name, at was 'not disputed that she rece ivied., and s gned': or the schedule. FE8 -' 2 -94 WED 24 F P 02 She testified at hearing.that..she arrived late for the September 15 assignment. When she .arrivod the door to the meeting room was closed.-• When it opened, ;dot ,a .moment the claimant went in.. She - states. that her name was: not &he stated that the name of the person' on her paper, Michael S: was called. •Tbe :Work Program Asslgnmont,.-�oq ;fox September 15 presented by the Copntyy. :Ra rQsentative- shows .the cleimantle harke .listed and beside her rsare appear the initials:;:�'DNA'" which means "Did Not Appear".-, The �.County. :3tppresentatige .testified that the .procedure • at the aie¢ti,nq ,;is: to take atten¢a� cV by :calling all names on the master ris't:'and then to match .0peapi+�.: by..calling their names again: and . pp • The .names of the eQ le . assigr�xnq them to'a specific:•�crt ;leader. p P'. Al p: ida not 'respond .to. thy► .first': i6ll- tali are hOt called a second time for' their specific ass�'gnm©nt.. The:.claimant did. not• present .a: good, cause reason for late appear- rin e:,' a it &"erted that: heir,,n ra was riot called for the roll call., She. -:pratented. 'a - signed-: 'attita : nt;';from another. participant nA' med Sheila..C": -that stated that h ; -oY:a.li+aant was pre ent on 9-i5, 9 22; ancl. s tha essign�er�t; .ot : gr September ,15, shows that Shef In C. di¢ not attend that: nee tiin'":Ojther, her written statement cannot be perCei.ved- as vide 'oe :t�nt;:the.claiiaant was present on the 15th,. Ri gprd nq. .the SeptOmbe'r I .'eppoiotaent, the -claimant states that. she..app tired on time. The .A.�$igni�ent. Log, once again, shows that' . . vhe:' diA :riot �appe.ar. ROW 41MLA ft M= M'. POLICY ; :.A . General -Assistanoti...) poucants .and r e.�ipients who demon- strate... 'nonaooperatt6h j.oz nancomp. lance ' with So6i4I' : . Service . ae�artia4nt:.;.program requirements by tailing to meet any. one.-ofth �.ifiiimereated responsibilities without .good cause:;shAll; b6e� dcMec�. aid 'or, shall be diseontii:�aer�.. A period of"Irie-jig-j 1it-y:--may be imposer on recipients ' � instances. J:nV0lv#..g :noncooperation 'and noncompliance h accordance wL6 ' J'deliriEs which follow. 2.. A:reci.p.feht...Wh'.p:fails- to cooperate with the Social. Servicefailing' .to meet any one of his or. her'." wr ted' responsibix ities without good cause, shall :' e: discontinued. 'aid, and sanctions will be. imposed 'as follows: a. first flure: -one nonth b. second' failure:- three months c. third •fiflare:- six months FE8 - 2 - 94 WE33 P . 03 f ' Fe Good Cause I. The reasons which establish good cause for a fail- ure to cooperate or comply are- subject to verifica- tion and include, but are not 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 - sub.sta.ntisl reason. : These must be viewed and, approved .bp the. Division Manageg. Gt. Willfulness . I. Each case. whert willfulness is an issue, will -turn on its 'own. 'facts.. A. determination must be made based on the -evidence. a: Evidence'.+cnn be- direct, or- it may be inferred from an ► plicant's or recipient's acts. 2. . A willful act . s one that is int_ahtional or withoxit. reasonable excuse 'or cause. I:t need not be .dgne with malice, nor with a specific' purpose to violate program rcguirdsent.s. 3. will,fulnese ;:aznnot' be found Vere the person. .,'is mentally :disabled to the :extent.. that s/he does ,tit. understand 'his/her responsibilities or is incapable of fulfil,l4ng .them. - 4. Conduct which involves negligence, inadveartence, ' physical disability' or lesser mental didabil ty-iney or may :not' be willful. cc�xcinsa . It : -16 undisputed that the clAiinant had workfare assignments on Septeliber 15 and.septeiaber 22.• The County has established that the c3aimantrs name Was •.on:,the Woxkfare Assignment r#ggs for those days.. therafdrei , it is concluded .that •the claimant's, name was called �t workfare .roll call. 'As .'the .claimant did not respond to the call, ghe was correctly ' lifted' as ' a non -appearance on both dodos iofia. As the : claimant agreed .,that. 'she Was late on September 115 - but provided no reason . for: bar- ,:tardiness', the diacontinuance for failure: without .good -oat.ise to,*.participate is upheld. As she did not: : appear on Septembet. .22,; the .discontinuance for failure 'to . .partieip' ate on that date:- 4s also upheld. As ;the claimant .had no. reasonable cause for the. failures, it is concluded that the f'ailu're was willful,. FES - 24 WED 9 :.26 P 04 ORL'�T�R Via claim. is denied .$arbaraWeidenfeld Date . s6ciial Services Appeals: officer ,progralm Manager, Appeals .Date you V, ate' . dissatisf ie with .thi.-s. Decision, you may appeal the �aatter; directly to the Contra'. Costa County .Board of Supervisors. -A}?peals. must be filed ib writi g wf.th the Clerk o;e .the Board, 651 Pine Straet� Room 106,. . artiii C�i! 04553 within. fourteen (14;) day�5 of theadate- of the Ewid�ntiary-Bearing Decision. No. further aid is paid Oendingl'a Board .ore Supervisors appeal. . Mailed ':Jinuary 202 1993 • A 02-01-94 05:04 PPS FROM CHTkk CC31A LEGURV P002/002/F22 LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Mecdoo&W Avenue West County(510)133-9954 P.O.Sox 1289 Bast(5 10)439.9166 Rio mmw,Gaforda 94801 Ce"(5 10)3724209 Fax(5 10)236846 February 1, 1994 By Fax Clark Board of Supervisors Contra Costa County 651 pine Street Martinez, CA 94553 RE: Appeal to the Board Connie Borja - General Assistance Dear Members: No. Connie Borja has informed us that she mailed a GA Board Appeal to your office on January 25, 1994, on a hearing decision dated January 19, 1994 upholding a determination of the Department of Social' Services to terminate her General Assistance benefits. No. Borja informed us that she believes she mailed this to the 651 pine Street address. .. We are faxing a copy of her appeal to you today to insure that her appeal is received. In the event her appeal was sent to the wrong address, and is now "late", Me. Borja has good cause 17 for late filing and this will be presented at the appeal. Please send a copy of the notice of the Board hearing on this appeal to both the claimant and to me. Sincerely, r CONTRA COSTA IAGAL SERVICEES FOUNDAT N ' Eleanor Madrigal, Paralegal ; i' F002/003/F23. r 02- 05. 13 P FRG1L C41i�.:;: COSTA LEGISR ' 01-94 _ _ . ,. /p ,/� e edZ lea- szo.-t,/ �' �%�.,��. .Z" rcol,(Yev�f. ..,Z WA .. . .a ,�ia�c••-r' ,.ri'r-�:� .�'.f rte, �e�� _.Z',f,�ve 7'� ��%�e F:-a.� �� •, : �o wlee 7o '' ,'e.�C,4.7�>�l , a��� .�er�r' ea6 IZ 4-10. ,/o%j: t ga,7-44eiv v7"17,0 fr �tv�1 , f��` .�s , ,,•r/' cG• tido ,►�rrrr.�,,, 7' �.. �!1r'�i'rt �•. ����c lr••�. �, . CQAtf f �qe+r- d�F LLA✓yid Th'a oreec�--.e1�C,0 GJ.�r +GSA 5 �rJilO�L • . .� /1„��f� rd p 0 0 1 A) S7, 1"c7�/� L.3Al�`d ao / f C rozve,4 . Io/leA.t g rr 7- ,rior*ee& 1,- rl 41cetG 0-0.s 4— C . 7"r c ria r 7.-4e- n.-J u,4 rlt.. . ,.I m-rr4 c Wo•v'f a dcA.) ra.ZA-' I ►oc u.v�i'G. AZA 16,We 41AAle-S A#ee. dAaeQ/ , . 71re.) 7;�eY fir,61 ;ra G .vca( PY )l r cl ova - ACP-*' A1,41Yto. 5U Z d4 aecl 1,4a7` /Chad►,(e•.. h lVcl 'r",y,vc ..w�,7`� Fr��• 3o.�r,;.v • e•a .,,fie c�.y,� �: 4 ' r /,9 A 41 .5'h C- ks.f, , YOU- Arp �r•e �� . 11r - tyle t,e ,C.�T� .S�i e. cvacs/dv7` �•v t •"!� .q er{,��et � •.S'.�► �F'�v . /01V .•� ? '�:�1 gr , S�E,e. ,r.�. •S v er fr ,rude . .,7- j a tw 7Z" y v s � -Af f- " t'i+.J .o4,Vd rle y+ d/W.vf �' �r i4 cvdre� fid T.�r-mac 7" 4ov. ' 7`�G� .s•{tea .aC c�7`r.:ti► •,� Lut�.►7' .��, .i.S t�/I r,v � �avrc� o�c7'•- r,,�,a .�'` A�� f T >UA•1'�' i?`-S . t7�'1 Xr7 �rver. ' 7 a.4--IX ♦ 13v 02-01-94 05; 13 PM FROM CON!-:,ji COSTA LEGLSEV P003/003/F23 .. _. Alyf vq/- 04,Pc l pr . Aly .S'ocia',4 /4aW gev7Afe A Aa4,or^ s',4�,// f ,u•g Z 7,- Cr j S,4 Ye-ar sal e-. 4- d�-Wee ee v e./tt A- . ory i'�`'" �5v7` �S.: e 'c� .•l' A?vs7� 7r :-d- rliv'e w eA4'� �-` 4./,4 s r rt. )rsr� �.�-� .Sc cit. o.► .�- .S' ;o t,. 79-/ W e /vJ�`wvt� .� Cu.4.S dCG7" Ak,�9' 4�� 7"` 54 dc47`4-1-1001 'oF.�� ,,, / ,J Pc�p a��,/�:z C 7"�l� c��cl/yr ��.J cx o.�+•t� � 1i A�� � �D.,��,/ �.� �,rjJ/•� C{l7CC�� .� �f� fC� ! RSO fSf�P/' /`'fCG'7i.�,J�r .�,.'��`/�, ,��.'.v� /.'�rc�cr �v�,�.0 ,�/OGC�" �/ Yfl,ryr,�` Ctf� ,�ju,�" ��•�# ,S',�`•C . f'c7 0/�' N .' ,,�.rU�Y J+�U GC... Cal G•L f' /'t/4 Jam. ��G �r r'1,S �r••ca' Ido e� 7�fe �vrfE' .S/fc r 7`S' �,• T�� /G`rl,rye.S �f�va� rD.,•��S you �►.�•u7L LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue West County(510)233-9954 P.O.Box 2289 East(510)439-9166 Richmond,California 94802 Central(510)372-8209 Fax(510)236-6846 February 1, 1994 By Fax RECEIVED Clerk � FEB 31994 Board of Supervisors qgX ORS BOARD OF SUPERVIS Contra Costa County CO 651 Pine Street PAWMSTA Martinez, CA 94553 RE: Appeal to the Board Connie Borja - General Assistance Dear Members: Ms. Connie Borja has informed us that she mailed a GA Board Appeal to your office on January 25, 1994, on a hearing decision dated January 19, 1994 upholding a determination of the Department of Social Services to terminate her General Assistance benefits. Ms. Borja informed us that she believes she mailed this to the 651 pine Street address. We are faxing a copy of her appeal to you today to insure that her appeal is received. In the event her appeal was sent to the wrong address, and is now "late", Ms. Borja has good cause for late filing and this will be presented at the appeal. Please send a copy of the notice of the Board hearing on this appeal to both the claimant and to me. Sincerely, CONTRA COSTA L GAL SERVICES FOUNDAT N /?%� Eleanor Madrigal, / Paralegal �O a � M N N pro a tD t� fi C A °� ,,• ` 1 L' I 2 � i l 1 ISA CLERK OF THE BOARD Inter-Office Memo TO: Social Services Department DATE: February 1, 1994 Appeals and Complaints Division and Program Analyst FROM: Jeanne Maglio, Chief Clerk Ann Cervelli, Deputy Clerk SUBJECT: Hearing on Appeal from Administrative Decision Rendered on General Assistance Benefits Filed By Connie Borja 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 by February 8, 1994 plus any information which your department may wish to file for the Board appeal which is set for 11:00 a.m. on Tuesday, February 15, 1994 . Attachment cc: Board members County Administrator County Counsel The 'Board of SuperversCOCltra • PClehil Balcheof the lm rd and County Administration Building Cry OSLLC� Coun(510)646-2371 Administrator 651 Pine St., Room 106 County Martinez, California 94553 Tom Powers,1st District Jeff Smith,2nd District Gayle Bishop,3rd District Surma Wright Mcpesk 4th District 4 Tom Torlokson,5th District o February 1, 1994 Connie Borja 316 Lake Avenue Rodeo, CA 94572 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 11:00 a.m. on Tuesday, February 15, 1994 . In accordance with Board of Supervisor Resolution No. 92/554, 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 Supervisors and County Admin' tr r By a n C el i, eputy Clerk Enclosure CC: Board Members Social Service Department Attn: Appeals and Complaints Program Analyst County Counsel County Administrator THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA • Adopted this Order on August 4,1992 by the following vote: . AYES: Supervisors Fanden, Schroder, Torlskson, McPeak NOES: None ABSENT: Supervisor Powers ABSTAIN: None s:s:ss::ssssssssssssss:ssssssss:sssssssssssssss=====_ . SUBJECT: General Assistance Hearing } Resolution Number 92/L54 and Appeal Procedures } The Contra Costa County Board of Supervisors RESOLVES that the provisions of Resolutions No. 74/365,75/28, 87/468, and 88/576 which established standards for General Assistance Hearings and Appeals are hereby superseded effective September 1, 1992: Part i Hearings 101. General Assistance applicants shall be given written notice of action to deny an application. 102. General Assistance recipients shall be given written notice,mailed at least 10 days prior to the effective date, of proposed action which will reduce,suspend or terminate his or her General Assistance grant for cause.Prior notice is not required for action resulting from Board of Supervisors'changes in grant levels. 103. A General Assistance applicant or recipient shall receive a Social Service Department bearing upon their timely written request. (a) The applicant or recipient must deliver or mail a written request for a bearing within fourteen days of the date the Notice of Action was mailed.Absent evidence to the contrary,the notice is presumed to have been mailed on the date it bears, and a request for a bearing is presumed to have been delivered on the date it is received and mailed on the date it is postmarked. 104. Where a GA recipient timely requests a bearing challenging a proposed action which will reduce,suspend or terminate his or her General Assistance grant,the proposed action will be stayed until a decision is rendered. (a) Actions implementing Board of Supervisor changes in grant levels are not appealable,and • bearing requests based thereon may be summarily denied. 105. Hearings will be scheduled within thirty days of the date of receipt of a request for a bearing. The Appeals Unit will mail a written notice of the hearing to the claimant at least ten days in advance of the Hearing date. 106. When a request for a bearing has been received,the claim may be reviewed and resolved in the claimant's favor by a pre bearing review. (a) Proposed pre-bearing resolutions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager. 107. If the claimant is unable to attend the bearing at the originally scheduled date and time,and a timely request for postponement is made,the Hearing Officer will make an evaluation of the request.The bearing will not be continued beyond the bearing date unless authorized by a Hearing Officer on one of the following grounds,which require verification: (a) hearing is continued at request of the Social Service Department, i 7 (b) mandatory court appearance which cannot be accommodated by adjusting the hearing time, (c) illness which prevents travel. (d) death in the immediate family, (e) other substantial and compelling reason.(as approved by the Appeals Manager) 208. Decision (a) A written decision shall be mailed to the claimant within thirty days after the hearing record is dosed,unless the Department aunds the time in writing,for cause. (b) Proposed decisions shall be reviewed and approved by the Appeals Manager and the General Assistance Policy Manager prior to notification of the claimant.The Hearing Officer's findings of fact are not subject to change,but the General Assistance Policy Manager may order re- hearing for cause. Part 2 Appeals to the Board r 201. The applicant or recipient may appeal an adverse bearing decision to the Board of Supervisors. 202. A written appeal must be received by the Clerk of the Board of Supervisors%ithin fourteen days after the decision has been mailed to the claimant.Absent evidence showing the contrary, -a hearing decision is presumed to have been mailed on the date it bears. (a) An appeal to the Board will not stay the implementation of the Hearing decision, and the recipient shall not be entitled to continue to receive assistance pending further hearing. (b) The appeal will be scheduled for the first available Board meeting,but no earlier than the third meeting following receipt of the appeal. 203. The Administrative Review Panel may review appeals of Hearing decisions and recommend proposed action to the Director. (a) If the Director supports the hearing derision,the Appeals unit will be notified to proceed with the presentation to the Board. (b) H the Director finds in favor of the claimant,the Qerk of the Board will be notified to withdraw the item from the Board agenda.The appropriate Social Service District office will be advised to take corrective action. 204. Both the appellant and the Department must file all written materials at least one week before the date set for the Board bearing.New material must be served by mail on the opposing party. 205. (a) Upon hearing the appeal,the Board shall make any required fact determinations based on the record on appeal and testimony received by the Board.This record shall include the Department's Hearing Officer's fact findings,plus any papers filed with that OZ= (b) If the facts upon which the appeal is based are not in dispute or if any disputed facts are not relevant to the issue ultimately to be decided by the Board,the Board will proceed immediately to the next step without considering fact questions.The parties may stipulate to an agreed set of facts. RESOLLMON NUMBER 92/!.S4. 206. (a) Once the facts are determined,or if there are no fact determinations required by the appeal, • the Board will consider legal issues presented by the appeal.Legal issues are to be framed, insofar as possible,before the Hearing and shall be based on the Department's Hearing Officer's derision and such other papers as may be Sled. s (b) Appealing parties may make legal arguments both by written brief and orally before the Board. U the.issues are msceptible of immediate resolution,the board may immediately decide them at the appeal bearing. If the County Counsel's advice is needed on legal questions,the Board may take the matter under submission,reserving its final judgment until ft receives such advice. 207, The Board may decide an appeal immediately after bearing or take the appeal under ,submission. ilow,,or"anwaaagod 0 go aas .� sonde OW ane AWS aye often dam' RESOLUTION NUMBER 92/H4 �O IA-1 e A,4VD eat eO c7.,-a/ ,Z'a. 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T�c7 7 -� n),V,- A h0 u /.✓T/ Ao Cv Colvt a �G.'L CID�ci T�,�/G I�� SGC'/c? ✓PUP arq�/.Z C ��7z' C3/(J/f/ /� ��Ci�!'l� T �1/9�'� / C.' �J/¢ (� �Ci%'+ M,l/ r e/..,7—, c tv Ti.e S'Ti r c T /F cic%,c.7 _,s�r7 d ca)e . To 17oo /feet , • Pro6/ems Li a�� �C�•v loc>l`,� Fa.- I e fig.✓� .�ar�c r G�`i ec% j/Cu�" -����ryrS o�� fju 7� ,T��� S�:`.� 71e A ,*i&-S !/vol jq qTS yacc Cp4ti �- Fr=- 3 2 -94 WE3D 9 23, P 01 Social Service Department .ontCa Ploase feel) Su Perfevto.'.Villarreal• c �+�`+ 40 Douglas Drive t?roctor Post-It"brand fax transmittal mamo 70 N o1 pages Fi•onr � . AVIV .�. cc ca. Dope. Phone N 3171 * Evidentiary .nearing Decision .-:;Oonnle -B:or.ja County 107-C ' 427680 '3 t lra e• St; Lower Apt. Date a� County Notice:l��-��-�93 : p6da6 ; th . 9072Eifeetive Date .of Action: 10M31y93 Filing Date: 10-22 & 11-403 Hearing Date; 11-22-01 Aid Paid Pending: Yds Appwijq:of f icipr Barbara R.. Weidenfeld •;'dunty ;Representative; . Garl, Dudldy . 'la of Heating: RichAond • -: 'heth the county correctly proposed. discontinuance ' of the• :.• : :aiat'a. General Assistance .bticuse she i'e .irt`d, without :goad . : i ueo;, 'to. *det the emioloyment 3req'4iremeents of the program. ' htkter. the claimantls . failure .w.as willful, ' so as to require a �hroo' .)6ointh period of ineli.gibility.. • � ,�����►F FAQ . • ;imant,- an employable General'.Assistance recipient signed an ttt..dry :Ma.roh '3, 199.3, agr+eei ig: to: coopearatiaely partici-,pates-.i'n .ptogarati i ' assi.�g:i>acehtt incic nq, in part, to appear ' fir t` fare,,, oke 'c�ub and: to be on time. e claitant .was disco rued.fo ,..failure to appear for workfare on ' ep' OOp'ber 1S. 'and September . 22.;, , `Although the claimant" �airk d z'l1t�'a Placement 04 Atterid:6'zto+� record was headed up with a}� ` � c►t r;:peir$or�js name, : � ft was not disputed that she received . 8nd ;'4igned `-for the schedule. FEB*- 2 - 94 WED CO24 • P 02 'She testified at hearing that.:she arrived late for the September 15 a.ssiga ment.. When she .axri'ved -the.'door to the meeting room was clR ed.. . When it opened for- :a '.moment the claimant went in.. she states, that her name. was' not::called:. She stated that the name of the psrron' on her paper, ' Michael S: was called. -The Work, Program Assi.gnra,ont:.�og...for September 15 presented by the Copbty-Aepresentative.. shows;.th4, C-lai-mantes have .listed and. besi�te Mer: ha�me appear the initials:; D�iA" . whidh :Weans "Did Not Appear:".* 4he :GO>:iht t ;Representative.-_tes�ti.fied that the .procedure ' at the a�oet;i, 4.-.js .to take attandanco .bx -cali.ing all naives on the -matter ll 't 'encl. then to. match a pe+dpl�.: by.. calling their names again: grad ass ng them to.a spG f:bb.brew -.i;eatder-0' The .names of the pe�apl.6 . W2�p -do.: :ot .respond :to the first. ro':11. call are hot called a second tits fore their specifics ass :gn Qnt;. The: claimant did: not. present:—a:—good cause reason for late appe4r� 41 1 e'sserte�d .that::-h:e;� rzaram was riot called for the roll Cal�l,�* She:.:pr'6�ented.. ,a : signori: : t iteri: ilt:;f rom anothet participant named she#,l.a..0 -that stated-�thet tho, ;ex:a.liant iias present on 9-15,' 9y-22# and. 99.. As the assigrer�t; ;bt :fqr September °15, shows that Shef + C. .di riot,- attend that:-nde i ,j;.,eit'lt r, her written statement ea�nnot be!pere . Cved as evidencet et *hik-"'laimant was present on the 15th. A gaxd rig. .the September :It,:,.a.ppo.i�ntment, the .claimant states that she,.sppare..d on time, Tie .A 449nzent. Log, once again, shows hat -she:. 0-id-':not -appear. 11 POLICY ; :.A. neral Asslstenc ..-appli.o n ts' and recipients who demon General -nonvoopezat 6h or noncompl}ance with S06142 Service . DobartioEn�...pro.9r.ax . reguireiuents by tailing to meet any. one th4;ij-;enuimEiated re ponsibilfties wi.tt�out gosod cause ;shad!1 i ire dcr�ied. aid 'or. shall be discontfh�6d.. . N. A peri of''iheii-�'i1tii #t r.-:zaaY to .imposed on -recipi$nts l:n instances. iaivblvi,�ng; hohed.operation ,arid noncompliance f# accordance -with gil:del nes which follow. 2.. A:reci.p.ien.t..-Wh'.e ;fails- to cooperate with the Social. service. Ddpatt�aint—.by- ;failing' -to meat any one. of h�s or hex';cnuma ted responsibilities without good cause, sriall::'.l�e :.tl.i continued. -Sid, and sanctions will be. imposed -6L.s f6ll,ows: a. f i.-rst; f a-i .ure. -one month b. second fal'lure.: three months. ce third:.failure: six months F E B.- .9 4 W E 3D S dr F. Good cause 1. The reasons which establish good cause for a fail- ure to cooperAte or ,comply are subject to verifida- tion and include, but are not limited to, the following: a. employment has been. obtained b.. scheduled; job interview or testing ce mandatory: court appearance d. incarceration f. death in the family g. other substantial reason.. * These must be vi qifed 4ad approved .by the. Division Manages. a.- Willfulness . I* tach case. vh4ro willfulness is an issue, will -tUrn on its '6wn- 'facts.. A. determination must be mime* based On .the evidence. a. Evidence -can be- direct, or= it may be inferK,.ed from on *a plicant's or recipient's acts. 2. - A willful act s one that is intentional or without usis reasonable, ek0 -or cause. It need not be dbne: with malice.. n:'q'r with a specific' purpose to vioUte ' program requirtments.0 Willfulnels's irapnot, be found where the person. :is' mentally-:disabled, to the -extent. that s/he doei h6.t understand -h' JJ$Jher responsibilities or is incapable of fulfilllfig ,them. 4. CondUct - wbicki .'-involves negligen6e, inadverte pbysica.l* disahility or lesser mebtal dkiability-AAy or may .not, be Villful. CQ? It -16 undisputed that the c'Iai'mant had workfare assignments ,on seote.Oer 1.5 and,septeihber 22., The County has established that. the 6141r.*h,t1's name rias :,on:'.t he- WO; .'Are Assignment Logs for those dayo ! Th4tefdrs, it is concluded that -tha claimant's name was callsira t workfate roll call. ' As .*tae ' claimint did not respond to the -roll.- call, she was correctly ' listed* as ' a non-appOarance on b '.`th :As �the ; ialaimant agreed ..that. .'she was late on September 15, but proVided no reason . tor.: her. :tardiness, the discontinuance to:' r ko-auie' without .good -oatist to,'-patticipate is upheld. As she, did not : appear on September. .22 the ditcohtinumice for failure 'k!o !Par.,tioip, ate an that .date' .is also upheld. :'As :the claimant had no reasonable cause for the. failures,, it is POnCluded that the failUlre was willful. FEB - 2 - 9 4 WED G P 0 4 MORE TIxe claim. .is denied 00 AP ate Services Sarbar� �R. WEidenfe�.d Date . Sva.ia�. Services Appeals officer Itch 'A410's progra i Manager, Appealp .nate :.. ; . you:: ate ..dissatisfled with ..thiel. Decision, you may appeal the xa.ttek;:-4-i-rectly to the bontra. bosta County Board of supervisoacs. .Appeals: must be filed in writi.pg with the clerk of .the Board, 651. . Pine Sttedtj Room 106,. rti6-dz-,, CA."04553 witfiin fourteen (14) 'day*.. of. the "to': of the EvidcntiakV Be4r:ing becislon. No. further aid is paid'pe nd-.ng:'a Baard .of supervisors appeal. Mailed ':January 10 . 1992 '.. ' A 02-01-94 05:04 PM FROM CGr�i CUTA i.EGLsKv Po"/0021/F.92 . r. LAW OFFICES OP CONTRA COSTA LEGAL SERVICES F0UNDA77ON z 14811 011140 1017 Mudomld Aveoua Well County(310)333-95+ :e P.O.Box 1289 Rata(510)439.9166 Rkhmond,CaNtoroia 948M CoMal(310)371-8209 Fax(5 10)2364846 February 1, 1994 .i :f • By Fax Clerk Board of Supervisors 'r; Contra Costa County 651 Pine Street Martinez, CA 94553 RE: Appeal to the Board Connie Borja - General Assistance Dear Members: ,f . Me. Connie Borja has informed us that she mailed a GA Board Appeal to your office on January 25, 1994, on a hearing decision dated January 19, 1994 upholding a determination of the Department of Social Services to terminate her General Assistance benefits. Ms. Borja informed us that she believes she mailed this to the 651 pine Street address. ,. We are faxing a copy of her appeal to you today to insure that herappeal ppeal is received. In the event her appeal was sent to .. the wrong address, and is now "late", Me. Bora has for late film and this will be j pool cause _ - g presented at the appeal. • Please send a copy of the notice of the Board hearing on w: this appeal to both the claimant and to me. i Sincerely, : �. . CONTRA COSTA LAGAL SERVICEES FOUNDAT N `' Eleanor Madrigal, Paralegal f K' is i i 4:. x.. 02-01-94 05: 13 Ply PROS CCOSTA LEGLSRV _ ._ .. .: . . . ;� .. 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IIJ ,F LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue Woo County(510)233-9954 P.O.Box 2299 East(510)439-9166 Richmond.California 94902 Cwral(5 10)372-1209 Fax(5 10)236-61146 TELZCOPXER TRANSMISSION COVER MEMORANDUM DATE: Y if TO: 0./ FIRM: .01 FAX NO: FROM 19(/A IK A- RE TOTAL NUMBER OF PAGES (including cover sheet) : COMMENTS: — Z. PLEA" DO ONE OR MORE OF THE FOLLOWING: Please deliver immediately to the Recipient. Please request the Recipient to telephone the filanCer immediately upon receipt and review. Please have the Recipient verify receipt by telephone. original will nct follow. Original will ff- -ow by (check one of the following) : Regular Mail Certified Mail, Return Receipt ReqUeSted Express Mail Federal Express Other: (FOR QL '.9TZONS CALL: (510) 233-9954) Gel F E7r3 - 2 - '94 WED VL+'Oal Service ice Departt i e t Contra 1 1.� f'Ir+ngt•:rr pl} !:a. P@t'K to VillitrI t:9i. Cos �^ do D01101,is rit c 0r�crp: .JL��7 t h4Artine7.C hfi!orni fr:;•? :,:3 F�oV-tr'kuand fax trtinsinit'al memo 7,571 o►paoes 1, C�. Co. MAL Evidentiary Hoaring Decision. Conpi,e Borja County 107-C--42 480 3•x.5 Lake. St; LoWer Apt. Date of County Notice:10-20-93 R d a . ;CA . 94S72 Effective Date .of Action: 10- 1-93 Filing Date: 10-22 & 11-4-W Hearing Date: 11-22-43 Ai,d Paid Aendincl: Y+ a �ppcal;4.Officer : Barbara R.. Wai.denfel.d tOufity .Repre8entati.ve: : dar.1 Dudley Flace 't:f HL-ari.ng: Richmond 1,Whethe the county correctly proposed discontinuance* o: ,c:lai.mant, . Cene' ral A.ssie tante bO'c�us.e she failed, without _ .. rause,- !to- ineaet the employment ret ui:rements of the program. whet�,.�er. the 6laimant l M . fa.i luire wash wi x i ful, so as to re+qui�re a thre+ oath period of, ineligibility. .i4%e :clailloant,- an emp oyq'ble General Assistance recipient signed An a eh ,on :Xa-rch 3, 199.3 agre6ing:to. coopera,ti.yel ► particip le 'ira ; ri ;urograms a.s�si.�gliverits i.racltidxng, n part, to appear ►- W �'kfare, job club and. to be -on t.iate. eclai..mant .was discontinued.for failure to appear for workfare �e tepbi 15. and September 22. . Although the claimant's Obi;k : 4ro4,e4's -placement abd Attendance record w'as headed up with �n,other .petsQn's name,: it was not disputed that she received 'arid `signed - or the schedule. FEE - 2.- 94 WED .024 • P . 02 She testified at hearing that site arrived late for the September 15 Fassiglimeint. when she .arrived -the door to ti'le meeting room was clo}6d..' When it opejaed :is or -a '.mo mbnt the cla.ipant went in.. She states That her 'name was: no ..called.. She stated that the name of the p6r6on' on. her papear, ' Michael 8. was called. The . €� Program Assiclr t Cnt:..I Qg.�,�for September 15 presented by the coixiityi`Reprosentative. sh.'6wv .thO claimants xiano listed and basi:.dc h.6r narie .appear the ini.tII&'U'.ft DNA'O whion magihs '"Did Not Appepr". 'C'hb ;;Can ty ;Represent�►tive. .tea�tified that the procedure at the rdeet�i,ng ;is. .to take attend;xjc;c. 'by -calling all names on the master 1 i Vit.•a.tid. then ted mated u p6ople 1 yy: calling their names agafih, ai d 4ssf.4ni ii.q them to'a spe-_oIf:Lc cr, .leader: 'X'hQ 'names of the act pl.e �•: : do: xiat iespond. .to the. .f air'tt- rdi l call aro 3�ot called a second time for, th6ir specifi.d aszi4tnOnt The.: olai.mant did. not px*:esant Va, good cause reason for late appear- ra e,. 1hu . asserted -w•as not called. for the roll cal t She .. r entd. 'a sighed:. stjite ent from anoth.rr, participant naxa 'd Shail•a..4: that stated :tbat tt 4,61aiirta'nt was pr.d. ant on 9--15, 9-21 ' and. 9 29:. As the assi.c?imc�n :a ; Por September 15 shows that she-il:a C. :did.'not attend that: xsa eti � .ltlisr, her written statement caxnA. be pdxCeived as eviden:c$ was present on the 15th. Rega0itig the Septeriiblex ,'-appoinJ.Us(Ynt, the claimant states that. she,.apooari�.d on time. ' :'tie A �.;Xg OO.nt. Log, once' again, shows that: ..she: dfa':not appear. INA R-3911 PXX II ROLICY A'. General. -As.s.istanc,O..:applit:ants .and recipients who demon s't.rate non oope. .at.icxa or noncompliance with Sooi.61 Service . bepartierit .. prQ r m . rc:.qu3re Fent's by failing tci meet any. orae .cif tbol.r :end orated rerporksi.bilities without gosod oayse ;;. i.all k e :det�i e4 aid 'or, shall be disconti.inued, A period: of iheIIgibil. .ty••� y be ,impbr;6d on recipients'Ih instances involvixYg'ho'n000pe.ration ,a:nd noncompliance in accordance -with gtUdellne"s which follow. 2. A reci.pien't .wh`6 . fai:l:s- to cooperate with the Social. service iepa .t. ant .�by ; failing' .to meet any one. of his oe. her:enuMieitated 'responsibilities without (19od cause, ' sh611 , :be ' di:.scont•inued aid, and Sancti ons will -be. upose as follows: a. first. faklmre.: one itonth b. socohd- failure.: three months C. third:.failure.- six months 9k FEE - WED 2S P 03 P. Good Cause 1. The reasons which establish good cause for a fail- ure to cooperate or comply are:. subject to verifiq-gL- tion aInd include, but are not limited to, the following; a. employment has been obtained b.. scheduled: job interview ok testing C. mandatory court appearance, d. incarcez ation e. ilin,ass f. death in the family. Oth4r subz' tantiail reason. These must be re- Viamod ana. approved .by the Division Managpe. G. Wi-11fulness, 1. Each case wherO willfulness is an issue, will turn on its 'Owl) facts. A determination must be made' based on the e a:. Evidenco'can be direct, or, it may be inferred frOM an `aPplicantls Or* recipient's acts, 2. A willful act:. is one -that is in"iritional or with out reasonable excuse or cause. tt need not be dine: with malic' ej nqr with a specific purpose to Violaite, program requirciaent.s. 3. Willfulne.s's cannot. be found where the person. Is mentally disabled, to the :extent. that s/he does' :not. understand, hJ,--/her iespQnisibilities or is inca"Able of fulfillifig .them. p 4. c4pnduct - which :.involves negligence, inadvertence. physical disability pr lesser mental di'eiability racy or may .not* lbe willful. 9�RMPAMPNN . It -is - undisputed that the q' laimant had workfare assignments- on Septevv)er 15 and selkekber 22. The County has established that the cl.%-imprit."s name was :on:'.the workfare Assig.nment tqqs for those dayt.. Th6refore, it is cohclu'ded that the claimant's name was called -'ait, workfare roll call. As 'the . claimant did not respond to the .'roll. :all; she was correctly ' lisited as a non-app'earance on b th As the claimant agreed that she was late on September 15, - but provid.ed no reason for:' her. ,:tardiness, the discontinuance for f*Uure: without good cause to,: pairti ic i pate is upheld. As she. &1d not : appear on September22,. :.the d1�continuanice for failure' . ?�- :to , .particijDate on that date:' .is aXso upheld. .,As ,the claimant had no reasofiable cause for the failures, it: is poncluded that the s wa failute r s willful. 1k FES,- 2'- 94 WED 2G • P . 04 ORDER The claim. is denied a:_ ' atd- 'R. Weidenfeld S.6aial, services Appeals offtoe'r Z-'7e2 Pr-ogralix Mctnager, Appeaxs Date If� you:. are dissatisfied -.with this. Decision, you may appeal the aatter';-direciily to the Contia. •Costa Cownty -Board of supervisors, •Appieals: must be filed in writi-jig with the Clerk of .the Board,, 651 PIMIxe sixedt} Room 106,. i tfni a'z; CA,. 9� 553 witbin. fourteen (14) et of the- date of the EVide'ntiar•- kle#ing Decision. No. fuarthex aid is paid'p2!ndj.-rfq: a Board -of Supervisors appeal. bia lq.d ';Janu� ary .202 - 1993 r IIr II4 r' �i`;�_ i yi - _ j ..til ,, ^,r G, LAW OFFICES OF E CONTRA COSTA LEGAL SERVICES FOUNDATION Mein Office Telephone 1017 MaedmWd Avenue West Couaty(310)233-9954 P.O.Box 2289 Best(510)439-9166 Richmond,Celifoteia 94802 Contral(510)372-8209 Pax(5 10)2364846 February 1, 1994 By Fax Clerk { Board of supervisors Contra Costa County 651 fine Street Martinez, CA 94553 f RE: Appeal to the Board Connie Borja - General Assistance • r s Dear Members: Ms. Connie Borja has informed us that she mailed a GA Board !. Appeal to your office on January 25, 1994, on a hearing decision dated January 19, 1994 upholding a determination: of the ( Department of Social Services to terminate her General Assistance benefits. Ms. Borja informed us that she believes she mailed this to the 651 pine Street address. We are faxing a copy of her appeal to you today to insure y�r" that her appeal is received. In the event her appeal was sent to }' the wrong address, and is now "late", Ms. Borja has good cause for late filingand this will be presented at the appeal. ; Please send a copy of the notice of the Board hearing on this appeal to both the claimant and to me. 4 Sincerely, t t CONTRA COSTA GAL SERVICES FOUNDAT N i F Eleanor Madrigal, Paralegal 5 +7al-'-& tie r y d.,X ro 4 ICU • t'�,R7"a� ,�c'�rtt A�►��"3,rt°.',�r ,C:ic' tuS�.. .,L�Gc.rG�..•�.�� t O cs�'.•t'�` ��''�t��1, . e GYM, .,Z- hj v e- 7' rc�Apt I C. L, �.v� � �&At1j Ao,' r e- ►c `' , ,al W A 4j,4eAj d 7" ". r ,�,-r r-/ t o t tis,r- ? 7,o�- W4r-fe.5- AAla 41 A51<'1<' 1'f YA- ' OAJ rl llerS Fa 0,1^�5 cd - 3 T,4a7 ,rvU:,.4 . ted' r,'�,�a t4 W W• ��� .��� rS• ��,�.;� ��� .5,4'e d,�. �.� � "%�� 1 f -s -A/U S,/c- %)s4,$1 �va-- AX f,. e�ecf?4w rye 1f61r( a we'd .g"vc •"7 09 016-awce- , � 7X0-- � , erfy de �C�' S e 1 ?- ori C' .�. !t1 C►+� / i j f.S tc,► ry r�c.+r a a -A t Alp c)(0 ►x CX mac+. ,, ', ` r�1.ar. 4AIQ 14 le__ ', fc c t i, My paver �}.�v� .�'�f� `d �5 If,,&.l►�� �,�•._-.?. -s Lrr r _r ce oG crrc.7'�/q/L/ rt:Wly e rr� ' .v�'7" �r _.�a d.+� �.•• Ily to-4 &a-t- a �, Tem .S,�e ye-,, ` Iv e. '°`- `i .� a ev t: A- 46rr7— Sll e . F , - . 'o.�►re % s` c-!S �, ►rc _ 7%i� ,� c�lr4 �z lo Via , r � ' •�- �5d ,�ay . - .. ' f' rcas ",► 'aura -'o.�. rr. iu t ' . !` c'.ec.c.s' ,.1oo q w*s ho /Tr Aon e lve4 o'' -Vor /21!v'e- 17,0 Gtr / /117.s o 41 r e .5'"7,re-r 1;oi� Z dev 7 c. lYe)x- WoV-1 -fs .0 /da CveAJ See oe tvma�ol 7 e r-71 L ;1M C. v V y'R__ I._ � ` i _i�I�' I�;_;i _. LAW OFFICES OF CONTRA COSTA LEGAL SERVICES FOUNDATION Main Office Telephone 1017 Macdonald Avenue West eminty 0 10)233-9954 P.O.Hex 2210 East(5 10)439-9166 Richmond,California 94902 cental(5 10)372-1209 Fax(510)236.6946 TELNCOPIER TRANSMISSION COVER MEMORANDUM DATE: TO: FIRM: G . PAZ NO: PROM: • RE: TOTAL NUMBER OF PAGES (including cover sbeet) : e7/ COMMENTS: t PLEA" no ONE OR MORE OF THE FOLLOWING: Please deliver immediately to the Recipient. is Plans* request the Recipient to telephone the Bander immediately upon receipt and review. Please have the Recipient verify receipt by telephone. original will not follow. original will follow by (check one of the following) : Regular Mail Certified Xail,- Return Receipt Requested Express mail Federal Express Other: (FOR QUESTIONS CALL: (SIO) 233-9954)