HomeMy WebLinkAboutMINUTES - 03011994 - H.5C H.5
TO: Board of Supervisors
FROM: Perfecto Villarreal, Director
Social Service Department
DATE: March 1, 1994
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY WILBERT HARRINGTON
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board grant Wilbert Harrington's appeal of the General Assistance Hearing
decision.
BACKGROUND:
Claimant filed request for Hearing on November 26,1993. The Hearing was
scheduled for December 22, 1993. The claim was denied. Claimant has established
good cause for the noncompliance.
Signature:.),0,/",--,--
/1Z111
ACTION OF BOARD ON March 1 , 1994
APPROVED AS RECOMMENDED x OTHER
On.' February 15., 1994 , the Board of Supervisors continued to this date the
hearing on the appeal by Wilbert Harrington from the General Assistance
Evidentiary Hearing deciison. Jewel Mansapit, General Assistance Program
Analyst, Social Service Department, . 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 Wilbert Harrington is
GRANTED.
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
Appeals Unit TAKEN AND ENTERED ON THE MINUTES
Program Analyst OF THE BOARD OF SUPERVISORS
County Counsel ON THE DATE SHOWN.
County Administrator
Wilbert Harrington ATTESTED
March 1 , 1994
PHIL BATCHELOR, CLERK OF THE
BOARD OF SUPERVISORS AND
711
NTY ADMINISTRATOR
BYAJa
epi. y Jerk
H.1
TO: Board of Supervisors
FROM: Perfecto Villarreal, Director
Social Service Department
DATE: February 15, 1994
SUBJECT: APPEAL OF GENERAL ASSISTANCE EVIDENTIARY HEARING
DECISION BY WILBERT HARRINGTON
SPECIFIC REQUEST(S) OR RECOMMENDATIONS AND BACKGROUND AND
JUSTIFICATION
RECOMMENDATION:
That the Board continue Wilbert Harrington's appeal of-the General Assistance
Hearing decision.
BACKGROUND:
Claimant filed request for Hearing on November 26, 1993. The Hearing. was
scheduled for December 22; 1993. The claim was denied. Claimant has requested
continuance of his appeal.
Signature:
ACTION OF BOARD ON February 15, 1994
APPROVED AS RECOMMENDED x OTHER
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for .hearing on the appeal by Wilber Harrington from
the General Assistance Evidentiary Hearing decision. Jewel Mansapit,
Program Analyst, Social Service Department appeared. ITIS BY THE
BOARD ORDERED that the hearing on the above matter is- CONTINUED
to March 1, 1994 at 2: 00 p.m. in' the Board chambers.
VOTE OF SUPERVISORS
x UNANIMOUS (ABSENT )
AYES: NOES
ABSENT ABSTAIN .
Contact: Jewel Mansapit, 313-1601
Original:
I HEREBY CERTIFY THAT THIS IS A
TRUE AND CORRECT COPY OF AN ACTION
TAKEN AND ENTERED ON THE MINUTES
cc: Social Service Dept. OF THE BOARD OF SUPERVISORS
Program Analyst ON THE DATE SHOWN.
Appeals Unit
County Counsel
County Administrator ATTESTED February 15, 1994
Wilbert Harrington PHIL BATCHELOR, CLERK OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
BY
ep u'tylc ler
CLERK OF THE BOARD
Inter-Office Memo
TO: Social Services Department DATE: February 4, 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
Wilbert Harrington
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
FEB 2199
1829 Pennsylvania Ave.
CLLgKBOARD OF SUPERb16v •�; Richmond, CA 94801
CONTRA COSTA CO.
February 1, 1994
a
Clerk of the Board
Contra Costa County
Board of Supervisors
651 Pine Street
Martinez, CA 94553
Dear Clerk of the Board:
I am writing to appeal the decision in my GA evidentiary hearing. I received this notice
on January 28, 1994 at the above address denying my request for reinstatement of GA. My
notice of decision is dated January 24, 1994 by the Appeals Program Manager. Therefore, this
appeal falls within fourteen days of this Evidentiary Hearing Decision and constitutes a timely
appeal.
In June, 1992, I was referred to GAADDS and found to be an inappropriate referral
because I do not have a substance abuse problem. In November, 1993, I was re-referred to
GAADDS and asked to go through the GAADDS intake process and to sign the Program
Description/Core Agreement. I did not want to sign the Program Description/Core Agreement
but I was willing to comply with other procedures, such as a urine test to prove that I do not
use drugs or alcohol. My understanding was that if I signed that paper, I would be admitting
that I use drugs and alcohol and that this information might later have adverse consequences
for me and my family. No one explained to me otherwise. No one counseled me nor
informed me what I might be admitting if I signed the form. No one told me that by signing
the form I was admitting that I only may have a substance abuse problem. More importantly,
no one stated that if I did not sign the form, termination proceedings would started against me. '
Basically, I did not understand what I was being asked to sign and I did not understand the
consequences. I was confused. Therefore, I had good reason not to sign the Program
Description/Core Agreement.
In addition, I am not a drug user nor an alcoholic. I have never used drugs nor abused
alcohol. I might have a shot of whiskey every four or five months or so, but that is all.
Therefore, the referral to GAADDS was absolutely inappropriate. I am unable to work and
require GA benefits because of shoulder and back pain and arthritis in the hands and feet.
I request immediate reinstatement of my GA and any past benefits that may be due me.
Please notify me of my appeal date before the Board of Supervisors. I may be reached at
(510) 237-9345.
Sincerely,
Wilbert Harrington
DECLARATION
I, Rachel J. Shigekane, do hereby declare:
I work with the Hawkins Center in Richmond which assists disabled individuals in
obtaining disability benefits. I am the attorney representing Wilbert Harrington in his claim
for Social Security Disability benefits.
At Mr. Harrington's hearing on his claim for Social Security Disability benefits, I will
be contending that he is disabled based on primarily psychological and physical impairments.
Mr. Harrington suffers from back and shoulder pain and arthritic hands and feet as well as
psychological impairments stemming from his limitations of functioning. To the best of my
knowledge, Mr. Harrington does not have a drug and alcohol problem. I have questioned him
with regard to possible substance abuse on many occasions and he has consistently denied any
drug or alcohol use. I have never seen him under the influence nor with alcohol on his breath.
In my rigorous search to support his claim for disability, I have not encountered any records
or documents which give any indication that Mr. Harrington is chemically dependent.
I have many clients who are chemically dependent, some of whom attend GAADDS
meetings. For my chemically dependent clients, GAADDS is a very helpful program.
However, Mr. Harrington does not have a drug and alcohol problem. He would be an
inappropriate participant in a GAADDS program. More importantly, he would be utilizing
limited GAADDS resources that might otherwise be used by someone who is really in need
of counseling and a support group with regard to substance abuse.
I declare under penalty of perjury that the foregoing is true and correct to the best of
understanding.
Rachel J. Shig q Da e
The Board of SuperviOrs Contra 4 Phil Batchelor
Clerk of the Board
County Administration Building Costa and
County Administrator
651 Pine St., Room 106 (510)646-2371
Martinez, California 94553 County
Tom Powers,1st District
Jeff Smilh,2nd District _
Gayle BlshoA 3rd District .• ' L
Bunn@ Wright McPeak 4th District
Tom Torlekson,5th District
February 4, 1994
Wilbert Harrington
1829 B Pennsylvania Avenue
Richmond, CA 94801
Appeal to Board of Supervisors
General Assistance Benefits
In response to your request and pursuant to Section 14-4 . 006
of the County Ordinance Code, this is to advise that a hearing on
your appeal from the administrative decision rendered in your
case on General Assistance benefits will be held before the Board
of Supervisors in the Board Chambers, Room 107, County
Administration Building, 651 Pine Street, Martinez, California at
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
Admi ' str r
By 1a
n Cervelli, Deputy 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,CAUIFORNL4
Adopted this Order on August 4,1992 by the following vote:
. AYES: Supervisors Fanden, Schroder, Torlakson, PlePeak
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
:ss:ss::sssss:s=s=:asssass:ssssssssss:=sass::s=ass===
SUBJECT: General Assistance Hearing } Resolution Number 92/554
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 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 hearing
upon their timely written request.
(a) The applicant or recipient must deliver or mail a written request for a hearing 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 wbicb 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.
205. 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 bearing to the claimant at least ten days in
advance of the Hearing date.
106. When a request for a hearing has been received,the claim may be reviewed and resolved is the
claimant's favor by a pre-bearing review.
(a) Proposed prabeadh 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) bearing is continued at request of the Social Service Department,
RESOLUnON NLNMER 921554
(b) mandatory court appearance which cannot be acoammodated 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),
108. Decision
(a) A written decision shall be mailed to the claimant within thirty days after the hearing record is
dosed,unless the Department attends 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 abject to change,but the General Assistance Policy Manager may order re-
hearing for cause.
Part 2
Appeals to the Board
201. The applicant or recipient may appeal an adverse hearing decision to the Board of Supervisors.
202. A written appeal must be received by the Clerk of the Board of Supervisors Vdthin 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&ball not be entitled to continue to receive assistance pending further bearing.
R
(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. 7be Administrative Review Panel may review appeals of Hearing decisions and recommend
proposed action to the Director. w
(a) If 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 dainmt, the Clerk 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 kart one week before
the date act for the Board hearing.New materiall must be served by mail on the opposing party.
2M.
(a) Upon bearing the appeal+the Board shalt make any required fact determinations based on the
record on appeal and testimony received by the Board.This record shalt include the
Department's Hearing Officer"&fact findings,plus any papers tiled with that War.
(b) H the facts upon which the appeal is based are not in dispute or U 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.
RESOLtT! ON NUMBER 92/!.54
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 decision and such other papers as may be filed.
(b) Appealing parties may make legal arguments both by written brief and orally before the Board.
N the issues are susceptible of immediate resolution,the board may immediately decide them at
the appeal hearing. 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. The Board may decide an appeal immediately after bearing or take the appeal under
. submission.
I twdly 6V ft Ort tkr r.a Me WFW GM C#
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RESOLUTION NUMBER 92/U
FeS — 4 - 94 F= R I 4 • P . 0 1
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Figasv rd�iiy ip•
Social Service Department Contra
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Padecto Villarreal Merlmoz.CAblafna:94583-• 68
OrcaGtWr
posvit• -brand lax transmittal memo Ml it of pages S
From n L
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GENERAL ASSISTANCE Evibr,NuARY HFARING DF,CISIQN
Wdb i`i .HA11in o% cl.N;aw to County No..: 0709-0482732 YY 4RH. .
1829:3 ge;ntssylvania AVC. Notice of Aedon: 11/19/93
RiC*iip d, CA 94801 Effective Date: 11/30/93
AlWal rilittig Data: 11/26193
Aid Paid Poft&g: Yos
Dane of Hearing:'December.22, 1993
Place.of Heading: Ricli nc 4 Califorai.a
'Appals Officer: Carole C. Allen
IncOMO MaintetlMce RcprelsMta!M: Carl.Dudley
t�.
W n:.h r the is comet itch ifi dscontinuance< of clai.ntant's Ger�ral Assistance, x4d'thc-
imp63t em-Oft,one month period of anciigMUty,based on claunatirs willful failure,without good
cause~, to ahead a schcdtited :Celreral :Assistance Alcohol and Drug Divenion SerAm:
appniptn=-d on Novengbcr-9, 1993.
C1aicntim! has,been a recipient of Crencral:Assistance (G.A.) since; May 1992. Can 11!7143,.
cWroaw was..re-inferred to the O.A. Alcc�al �.d Dug Mansion Servim (GAADDS): .cit
1119/}3; :the Eligibility Wccx- was nodfiod in wrifing by the:GAADDS office Mat..claimant
rafusc�l.ta cooperate v�rifh the GAA.DDS intalto.process on 11!9!93.
Cl U'iant-was:fht refcr;rd to G'AADDS in:5/92, fie was given the Substance Abuse Sensitive
SOcciling. Invotory (SASSY) in 6192; flee°mct with a GAADDS Counselor after the test-who
Fr 9='M 4 - 94 PRI BxF P 02
a
Q7"92732
Page 2
Acltnioisterod the SASSI test a acco nd, time. As :a result of this proms, GAADDS relcmd
clafi t fti:their program in A(=-when claii=t was re-Of d to GAADDS.in 1193,
U-W 'k#Alfi&M the SASSI test:A kttf PrOmLeVome,Leonard,a GAADDS Courtsolor,.�v�
sni; as evidence. She- sates; that s�tice IO/A "the crit+mia for detwWning chi ic�rl
d cyin CSA applicants hu brn' tngpd:to a foodwy Wi y those client rn� tit.be
enrolled jn��AADDS *U"trt cj of xOW evaluation." She,fw t'states that GAADDSr i6cls
lltat A r:: l ringtotn si#r�t?lY:answ di;tl o qu ti
ns on the SASSI Aftca ly than on thq frvt,:t t'
ID,jc ;di of i*iho'QAADDS.staffwquh cl9mant to proceed��ti�t�ln
tlt 'iri k4;process and sigh the act p#+c Woorc AgrMim nt, Claimant refused;to:shin
!*;c;f artd reed to meet th the tgi foir the`intake�ss�
Baked -on die above, :016 Co ty.nOdfied g31tome. of the cnisct tinnaznce of his G.A. att6lo
x :bf a one nornth pen+�d °of ii tgat ality,bdouso of claa iatnt's willful failntro, tvitht ttt
904
"' COO.cooperate.arith.togttr`reitn en#si.d the O.A. program:
AT. "S PO.
Iaixrl t tcati icd dnat iti 6192 he Aipy;cooporstr4,-with C�AADDS and was found to not send:ilYa:
F
p t'i ,.... hen.he.atas re--r+cf+.tired i . 11 J hc:was:asks, at the hitako mecting on 111919 ; #o
staiung hG dry oir. 11coh:;H+t+ as will' to. amici to in. the
M 3 Fa• Pt► + ;
"g, 0,.tests or whatcvon:bit•fat W.ri r�c�t sign. s ,a c #tt he has a probit qn
:dru `. dlp0 alcohol. bio stated lr fcaarsr fh t sx�:auctt,a g�►p r AuY.be input into a
as�d.mxy#�c.used against Wm:or oxic;c�'2n:s.cl�tid ln-ri iri the futrtt+c �°��rn a�#'ur a job:
w-iaout=Mannnal Section 49--1111,1Q04, , prcMvidcs that G.A. rjrApictits have a respmoibifitjr. .
to ;oopOritc with GAA•DW.
.Oat;:Manual :Section 49.244,01,x,1, praW&s that GAADDS pacWpants will.; .be
: a ii-from the ptq rsm for nz oc eo Absentee from a requiro GAADDS Prograto sme
rix app ntment. . Participants hi Ph&sc I of n. *!U be t+cmrtirnaW for any unexcuscd absence;: '
T3O—PaYU4011t::Manual Suction 4,x,2, °p*ides .thg tho. recipient ho fails to cooperate ifh ;
fiAe S:rinay,within 48 hours rc4t;csi.anwitxictn�i appeal from GAADDS before Social.5 cc
(.j:Aottf*d f the prrnt;rsm ternninatiQn.
FE•8 — 4 •- 1-04 FR I B c 4 i P 03
.Virdboort l!3.�rington
070-0492732
Page 3
L" 04 fteat..Manual Section 49w240,IV,D,3, :provides that upon receipt of the Gen 415B3.
♦ t r
no no- :Social.'Service of the pa�cipa'Ca .tonaination fxoai the GAADDS prograttt,,,the
11; ibdity Itorkcir will take tcc4on to'dhuniftva G.A. immediMly, giving adequate and dniely
ttlJdGe7. .
' -D0 rt ,;4 Manwl Section 49-240,14 provides:
..-Scteaiting--inclu:dng a6iiaistrA6'of the SASSI--is done at theGAADDS ofl ccs,
and the appointments for die 0AADDS scnvning am sdiMuled for the day followvirtg jh
applicaxat' "GA Intake appoizcunatt. .
4. -Ind&viduall; genarally Will take.ft SASSI only onm GAADDS will maintain Stu
of p6xsons: who leve'taken'the WIN, Applicants sod recipzonts who are refand.
GA'AI3DS for the SASSIa.w�tl�a are#d ntifietl as already t en i4 will beg"' attd
by OAADDS staff'to dotemiine wvh hi-T or not they must take the SASSI again.
a. As a general-Mo,'person&:who worn idaMed as chemically dependent(CD)
by.Ate SASSI will.tt0t. be:,e c nad again; peons who were not WnOxed as.
chemica0y do'WOO.die'first-time %0.be sorcenW again.
5, Persons idend.f ed by trio BASSI'pis.possibly chctnicaUy-dep4ndcnt xx refmo d to.the
GA DD9 progaram,send ttttist pail icipato:in GAADDS program;activities as a candid+
of:pllgibi
PEES - 4 - 94 F= R 1 S 47 P 04
filbert Durrington
0709-04112732
Pao,4
Ost4fish good cause is on :Qre rocipient.The Department may prove, lack of good cause �y
dortsiri8.(A)'willful"faame t»r.rea1 of theGipitarrt to follow program reoluixetrkotxts,::ox
4 trot It .tFrart three separate acts of.o+ figc�t. ilur-0 of the r�9iPient to follow Mrarn
roquitt`Cir cuts, which may include:acts:for'WWch tiio.recip ent has proiot* boon discontinu.ed
f>rsxe a#d or.sanc:tiotned.
V-gWprt trt-Manual Secdon 4941.1,1x)Rilr providO.that a tucipicnt who fails to cooperate Wath
#� .Social :Service a ic�g. ► ri t any one of his or hoar eau a*A
ted�'biiitics without.good-= l,aloebe disumlinued aid, and sanctions will be imposed $ "
It. fit Uhirc: one nkOnth.
b. sccoOd"failure: three roont'Us.
C. d6d.fait. : six monft.."
anent Manual Semon 4911J�Qt provides for good cause.,reasoru for failure to o perrato
it rsgrm requimments. the-aruascioOvhich-egtablish good "wo for a failure to cx�opcOW
+arotaily:
owirg:
mwst bo.verified, and as~c Iimrtrd to tlio. Il
se~the-foiluro hag o+cc�r d.'by tcuo�n of a-disability uundar alta Amedcum with Disabilities
Act.
b. employmc,at.has Wen.obWw4
. .... c, si;hc;duilocljob.intcrv�iew car tcs'�>ng,
d, manoozy court appcarwclo.I
a. i0arcerado44
r Own,
S, death in the family,
IL Ober substantial rrea►:tcam Moe must be-reviewed and approved by the DMsion .
"hire is.no:dispute haat elaimaht reiust4to participate in the GAADDS-intake process. ClaiwAld
oonten4,*0-if he.signed the iro4p foi*rggWred,he,w+auld be +ecing that he has does,dre�a
ai# osr 8'6hol. 'ileo intake ai"o -that GAADDS "ctieints sign st t+c that tho individual m
Asvo a problem with drugs or alcohol. OAADDS'staid acted tri accordance with their stsftd
pol(ey whc�i administcrfng the SASSI test in, 11/93.to re-evahute olahnant. As a ctm+dlaoci�of
r pt of G:A,,-dalm nt is rngtlairud:to,00("Mto with GAADDS.program requirements, Ihose
re uit'erteGKets.'inoluder cooperaft with.dic intake*process.
FES — .4 - 94 FR I 8 7 P . 05
Wilbert Ib rein ton
4704)482732
Page 5
-Cl"vt has not.estabfted that ho.had good.caq a to hauc rd-MC i to cooperate with GAADDS.
.,H. 4'uscd-to.,sign the intake-forms 0:-mquired-b GAADDS policy. He did so knowingly and
wiaifttlly. The Couaws proposed action is ubheld.
OMER
Cloi'm is denied:
Cla mmVe.4.A.:shall-be discontinuod-and-a ane:li ith period of iune igibility shall be iWVscd. . .
47e
I tou ue;dissadsfiod.with ibis de�jon you-mai+appal dw mattes direedy to the Contra Costa
y}3oaXd-of supcMisors.
:. l ^ Ti9 must b filed in writing.with.,Ihe Ciera► of#hq.Board, 653 11ne'St+, Martinez, CA.94553..
APP''O"d hatioi b.e 'C&d.-vires+ .tc3wtee {l4 �lay:.s of gale-date of lids Ev
'roltojoir-aid.paid pending a Boyd aftSupctvisa appeal.
FE'R = 4 - 94 FR I • 44 • P _ 0 1
v.
Social Service Department Cfontra �
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PcrfcttoVillarreal
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GENERAL ASS .IS'Y`ANCE EVIDEMIARY HEARING DECISION
11 FR
NAA
Qf
Wilbert 1i'anxngto% elaimmit County No.: 0709-0482732-W41?.EI
1820.3 ftmiylvarda Ave. Notice of Action: 11/19/93
Riclitiip d, CA 94801 Effective Dar er: 11/30/93
Appcal Filing Data: 11/26/93
Aid Paid Povdbig: Yos
Date of Heading: December•22o 1993
Placc.-of.I•leadq: Richmond.C:alifbm.a
•A0glra!s Officer: Carole C. Allan
.Ittcornc.Maintm-vtce Rcynueadative: Cad.114c-y.
PURI
:F
Witw ,`r••thc•County is conrxt in it's discon6Itilmee of clainumt's C.rencral Assistance, acid the-
ia
EMM. •of.a one month pmod of i cligthil i ►, based on claixva it's%Vwful failure,without good:
causz, th am-nd a schcda11e4 ; General -'Assistance Alcohol -anal Dmg Diversion S0.1^vices.
• • .zpj7oi nftnmt an November-9, 1993.
Cl.i1mgi i ,has,bit a reyip;ent of Gvnoriil:Assietattcc (G.A.) since May 1992. Ort 11!?J93,.
cla rx>apt was .M-Mfc acd to-ilrc G.A. Alcohol'.i0d Drug Divonsicn ServicEs (GAA DDS). .Cm
11/9/93, :the Eligibility Woracer c*3s n0f d.in wnti.rp, by the:GAADDS office that..claimant
r„iic;sod.to eaaperatc with the.GAA DDS-intake pr(=-.s on 11/3193.
Claimant refem—d to GAADDS in:V92. 11c was given the Substance Abuse Sonsitive
W=VOg Inventory (SASS%) in 6/9". '1'lic ini ct with a GAAUE)S (,ounsctor after the test who
FE'R 4 - 94 F R I • 45 • R _ 02
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F=ED — 4 - 194 PRI
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009-04,92732
Pap 3
:11OP2 M- 101A MMIUAI Section 49*240
,IVD,.3, providcs that upon receipt of cite ,Geri 415BO.
nod6iT4 Social, SCIVice Of dig pa.-Scipm.(s te-mitir-tion from the OAADDS program, the
Iffiftility Workof will take naioa to discs dam 'G.A. Wivic-diaWly, gNiq adequate and tinjely
-DOP9,"unint-Mantul Section 49-240,11, proyidem:
3, .8meniAg.—inelu&g 44WMOOOof ft SABST—is done at the GAADDS offices,
Aed
A for the day Mimi the
and the ApOintunits for tho QYAAJDDS semening ato s. t
appticarif s`GA Intake appobitmclfit.
4. Individuals Morally Will. tale-thd SASSI only onm GAADDS wW maintain a limt
.oris hm tiken:the SAS','A - Applicots and mil nts who an mfunvd.* `
Of Pio
GAADDS foutbe SASSI., W40 areAckr-tifted as hxAng aircady taLrm it;,will be evaltuited
lyy�-bAADW smif to &-tenhho wj
itithor or not th.q Mi:gt taLo the BASSI again.
a. Asa general Mo, pemtonsj who wore idmOcd as ellemically dqpesds;nt.(C,
by the SAUT will.not be:.8cricenod again; pcisam who woro not Wndfied
ft,flitt.-filu, will be SMOOd a&WIL
5, ) ons, Wwwod by.the W6* AS
chctWoky.-kpndcnt xv mfia=4 to the
GAADDS'prostayh miME19t x4f,V ratc'itk GAADDS progratux activities as a c ' fig
d
or 101Wbiaitty for GIOncral.414isitaxwo.,
Boazr&of. Sul*rvisom Rmlutibn #92/9$7 a1ppiod Door.-mixr 15, 1992, provide-s:
N47? SwOon 70 : A rcdpiep.t:syhO'M' S.
,% Of-rCfWC$to cmply With-Octi(md Assistance Pro rvn
as expressed.Ul .0-is MsobjOpii. car. in.the Social'Scivic&bepartinent Mpnrg of
'.Pplicicz agid 1),foccdurcs shall be disconjouO aid:and sanctions will be imposod as fbUows unless
the Rxipkb,t'SbOWS that ft:failure ourcrm.-4:to ooft ply Havas for good cause.
Section 704 Ejovenft discondmimu of aid,-xnd suictions psMdcs:
Absc� tyi de4o to the Coottaix it.is Presumed amt.the dud;* of Depalment staffhavg,beo
It .
OuxrogitlY paiforist0d, Absent m6donee`to: the Contraty, it is pix.-Sumed that the Ordi,
oppooque-Tw4o of ail spplicxWsor fsy.
rc(*,.jpjci' o untaxy acts are
I . I if to
0.) A willful aot-is me that.is Wxxtional or without reR8OnObJC*CV.CUSC or CaUSc.
It need not
,b� done with Mali nor with a SPOCifie puipose to viota-te progratu mquiremonts. F I
ai uro to
COmply by a PaTo*n who is achMI-11;Y dZINO to tim extent that Ac doo's not undcrstarid hi". r
mponsibilitics:or is Incapable of folAM)ng dio is not wiNtO.- Conduct which involvesphy sicAl
Oigability, Or IC884;r met%W disability'-umy of-pay. not bo willlft '
Eabaso Will lura on its .o,,v# facts. 'A dotermvadon must b uu& based on evidV41C.C.
p" clrrtcc be direct or it mary be infoiltlud frOM a fecvient!a acts. no burdun of
prootto
FEE —. 4 - 94 PRI 47 • P . 04
W ilb.-i t.Hairington
0109-0482732
PaSe, 4
6014 goad cause is on .the rocipient.Thv 1;7�spar mer -tit may rc�re lack of goad c #tse by
dctr.on*adbi (.A) willful failbre.or.ri:.fuI;al of thc-nopicat to follow program requixcnzc.uLs, :or
(q) -trot lesi.,lban 'three sep"w acts o :tj-2f lige t.faitxue of *&P r :iplent to fallow pcckgraxri
rextts, w1uch may include acts for'virldch the.rec�picnt has previously boon discan#n d
ix etn
ti:oxif ai.d or zanctiuned.
itr:,t-MmtW Section X4941.1711 '.J, pray.;.clea:1bAt.a.recipient wIlluo fails to cooperate with
�'r]v' Social: :Service IXTartining. by fill.tog to -ri0pt any once at~ 1+iS or bar enumerate
fttp fti:fes,without good-cause;st-Abe &;,s doxrcd kid, and sma .odona will be imposcd:Aa
fox Oliva:
a.. fist,f llure: one month.
b. sa:cond.Nlu=-. duce WC.- Mti;s.
C. Obixt failx ;: six mon'�tlts..
Deo:vtnent Manual Section 49.111,It;C , pro df.:s for,good cause.rc.;+ ns for failure to ccfmperutc
vki`.� prw�■ram wgaixemcnts. J'ho rvas,,)n4-Weh c.W: bMxh good cairac for a failure to uwpcX-00
o[ ae ty:roust i .veri ed,-and ire.limited to rlie f7xltacvixsg:
a, tho-f4uro has occux-rod.tT mason of a disability wider Clic Amolicatxs with Disabilitics
Act.
b. mplcrymmit hu boen oWncd,
c. sr:h`dWui-jab intoM.Ow or to ArAg,
d. tr.andatcxxy cowl appearrnoo,
a. iric.�rcc ration,
f. illrxc;cs,
g. death in the fartxily,
h. other substantial reaac . Tyhae artist be xcv ewed and approved by die Division .
11orc is no dispute that clairuist tcfwcd.to particilz::tc in the GAAI"DS intake proccu. Cl aunt
t; tttF,nds that-if he,signed the;iti+a-foram r q:dred,;lze would be ,retying that he has does-:d Vgs
&0i til:,vliol. l'be intake foxt a txat GAA DS ils vli(imts sign state that rho individual �iVYr
hsv�.a problem with drugs.or:a'!Ohlol. GAADDS stt9ff aetcd in accordance with their stated
plicy wh6m adminisioring the SAS.51 W.At in 11,93 to rc-cvaI.%W.e olah ant. As a condition.of
�,^ spto#'Cx.A., ciaimx�nt is rimed.tor..:cckti;���t, wt:'�11 CAAI)I�S prcgxatn requiremcncs.. :l'1►cEsa
f6q* irwwnts'include cooperad , waft tits:int:ekc,Process.
FEE - -, 4 - 94 FR I � 7 '. .• . P _ 05
Mbert.tiny-x irgtrn
070-0482732 ,
-Clahmonl has not..established that ltc..and good eax#c to have Wuscd to cooperate with 4AAr) a.
t :ivfiused to sign the iettaxc fames as: rvited fay;QA AT)US policy. lie did so knowingly and
0.11f 111y. 'T'he County's proposed-acdo t is uplidd.
ORDER
00m is donied.
t lal .arafa:-G.A, shall-be disconlihu and a otic:-h-math podod of ineligibility shall be impomL .
Sb `0 'S p ee Appeals,-O kir 3aie.
'f '••^ , '-
p ;n�s''rrarn A w. �i;.e
Cf yap m.dissatisfietwith this dc.cis ori`y..ou'tnay alrpmf dw mttior direelly to the Contra Crsta
ppard°of Supervisors.
.Aiaj ds.Js:mostU filed in writing u'itla t'�e Clt.�; of,ihp 1'�ci�tat 651 fine St., Nixtinez,, CA.94553.
APP:+'iJs:A-du 15k be ffitd-.-WIR IL Ntwtecai'(14) Amy's of the daze of t1da Evidr2WL i.ry
i4c., sag. "Decision.
:No1kr+iteraid.paid pending a Boad uf-Swpr�ty,ors appe al.
r
I R I EV NV ZE
FEB 2 W4
1829 Pennsylvania Ave.
CONTRA COSTA E
dCo-���� Richmond, CA 94801
February 1, 1994
Clerk of the Board
Contra Costa County
Board of Supervisors
651 Pine Street
Martinez, CA 94553
Dear Clerk of the Board:
I am writing to appeal the decision in my GA evidentiary hearing. I received this notice
on January 28, 1994 at the above address denying my request for reinstatement of GA. My
notice of decision is dated January 24, 1994 by the Appeals Program Manager. Therefore, this
appeal falls within fourteen days of this Evidentiary Hearing Decision and constitutes a timely
appeal.
In June, 1992, 1 was referred to GAADDS and found to be an inappropriate referral
because I do not have a substance abuse problem. In November, 1993, I was re-referred to
GAADDS and asked to go through the GAADDS intake process and to sign the Program
Description/Core Agreement. I did not want to sign the Program Description/Core Agreement
but I was willing to comply with other procedures, such as a urine test to prove that I do not
use drugs or alcohol. My understanding was that if I signed that paper, I would be admitting
that I use drugs and alcohol and that this information might later have adverse consequences
for me and my family. No one explained to me otherwise. No one counseled me nor
informed me what I might be admitting if I signed the form. No one told me that by signing
the form I was admitting that I only may have a substance abuse problem. More importantly,
no one stated that if I did not sign the form, termination proceedings would started against me.
Basically, I did not understand what I was being asked to sign and I did not understand the
consequences. I was confused. Therefore, I had good reason not to sign the Program
Description/Core Agreement.
In addition, I.am not a drug user nor an alcoholic. I have never used drugs nor abused
alcohol. I might have a shot of whiskey every four or five months or so, but that is all.
Therefore, the referral to GAADDS was absolutely inappropriate. I am unable to work and
require GA benefits because of shoulder and back pain and arthritis in the hands and feet.
I request immediate reinstatement of my GA and any past benefits that may be due me.
Please notify me of my appeal date before the Board of Supervisors. I may be reached at
(510) 237-9345.
Sincerely,
Wilbert Harrington
DECLARATION
I, Rachel J. Shigekane, do hereby declare:
I work with the Hawkins Center in Richmond which assists disabled individuals in
obtaining disability benefits. I am the attorney representing Wilbert Harrington in his claim
for Social Security Disability benefits.
At Mr. Harrington's hearing on his claim for Social Security Disability benefits, I will
be contending that he is disabled based on primarily psychological and physical impairments.
Mr. Harrington suffers from back and shoulder pain and arthritic hands and feet as well as
psychological impairments stemming from his limitations of functioning. To the best of my
knowledge, Mr. Harrington does not have a drug and alcohol problem. I have questioned him
with regard to possible substance abuse on many occasions and he has consistently denied any
drug or alcohol use. I have never seen him under the influence nor with alcohol on his breath.
In my rigorous search to support his claim for disability, I have not encountered any records
or documents which give any indication that Mr. Harrington is chemically dependent.
I have many clients who are chemically dependent, some of whom attend GAADDS
meetings. For my chemically dependent clients, GAADDS is a very helpful program.
However, Mr. Harrington does not have a drug and alcohol problem. He would be an
inappropriate participant in a GAADDS program. More importantly, he would be utilizing
limited GAADDS resources that might otherwise be used by someone who is really in need
of counseling and a support group with regard to substance abuse.
I declare under penalty of perjury that the foregoing is true and correct to the best of
understanding.
Rachel J. Shig ane Daie
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