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Home My WebLink About1996-06-10 96-275 RESOLVECOUNCIL ACTION Date: 6-10-96 Item No. 96-275 Item/Subject: RESOLVE: Authorizing the Use of ASPIRE/JOBS Program Participants to Provide Assistance to the City of Bangor Responsible Department: Administration Commentary: Representatives from the State ASPIRE/JOBS Program have been in contact with the City concerning the possible use of program participants to supplement the City's workforce. Participants in the program are required to perform approximately 20 hours of non-profit community related service in order to maintain eligibility in the Aid to Families with Department Children (AFDC) Program. The Legal Department raised concerns regarding potential liability issues which are more fully described in the attached information. Participants in the program would potentially serve two purposes: (1) assisting with City staffing/workload needs and (2) assisting those in the program who are attempting to improve their current situation. For reference purposes, the City is engaged in other similar endeavors with Phoenix Industries at Public Works, the General Assistance Workfare Program, and a variety of college/university internship programs. The attached Resolve would allow for the use of these program participants in City work locations, as needed. {! DEP T HEAD Operation CComte This topic was discussed at the Municipal Operations Committee meeting on June 9th. As this involves a policy decision, the Committee requested that this item be considered by the full Council. —aw PITY Ma MAP Resolve, S Imary Mtion: Resolve, Summary Memo, Various Correspondence, Participating Organization List Budget Approval I. Legal Approval: �d:n-4j y�(m+ of C-4) ri:.,f._ _introduced For 2 passage _ First Reading page_of_ Referral 96-376 Assigned to Councilor Blanchette June 10, 1996 CITY OF BANGOR (TITLE.) PWhW.................. ..... autmrsnsns-tm-cica.os.assaaaJ•Joes..... .... ...... Program Participants to Provide Assistance to the City of Bangor By L404 CswuQ ofdw Oey ofE W. RESOLVED, the City Manager is hereby authorized to utilize participants in the state administered ASPIRE/JOBS Program to provide assistance in the form of supplementing the City's workforce as may be determined appropriate in various City Departments. IN CITY COUNCIL June 10, 1996 David McDonald 6 Charlie Rumeey of the ASPIRE Program, presented specific details regarding this proram and urged the City to make use of this program Passed f r qt 96-375 RE50L TE Authorizing the Use of ASPIRE/JOBS Program Participants to Provide Assistance to the City of Bangor. /^( w 96-2)5 3a THE FOLLOWING IS A LIST OF ORGANIZATIONS IN (OR WITHIN A REASONABLE COMMUTING DISTANCE OF) BANGOR, WHERE ASPIRE CLIENTS HAVE BEEN PLACED AS VOLUNTEERS IN COMMUNITY SERVICE. THESE ENTRIES ARE REPRESENTATIVE OF THE LOCATIONS AND TYPES OF ACTIVITIES SUPPORTED BY THE ASPIRE PROGRAM. IT IS BY NO MEANS A COMPLETE LISTING: Maine Department of Inland Fisheries and Wildlife - Biologist Assistant - Facility Maintenance _ Maine Department of Transportation -Laborers - Vehicle Maintenance Maine Department of Human Services - Telephone Switchboard Operator Clerks Maine Department of Motor Vehicles - Admirdstmdve Assistant - Secretarial Maine Bureau of Taxation - CleriwV Dam Entry Maine District Court - Data Entry Maine Army National Guard - Custodial - Groundskeeping US Army Recruiting Service -Remuiting Aide -Data Entry Boy Scouts of America - CustodumiLabarer Penobscot Nation -Custodial - Facility Maintenance 96-275 arL 1 ^ Town of Hermon J -American Legion -Groundskeeper -Custodint Eastern Agency on Aging Disabled American Veterans -Secretarial - Custodian Spruce Run University Of Maine, Orono -Clerical - Laboratory Assistant -Volunteer Tutors Northeast Combat - Clerical Eastern Maine Technical College -SecretanallClerical - Central Penobscot Solid Waste Facility -Custodial - Recycling Center Laborer Good Samaritan Agency Penobscot Job Corps -Clerical -Clerical -Laborer Brewer Police Department -File Clerk Manna -Food Sesvice/General Labor Penobscot County Sheriff s Office -Data Entry Greater Bangor Area Shelter - Administrative Assistant -Entry Control -Custodial Orono PoliceDepartment -Food Service - Data Entry/Clerical - Bangor Rescue Mission Orono Public Works - Building Tradesmen -Laborers - General Laborers - Resale Store Assistant Old Town Public Works -Laborers Penurious C.A.P. - Head Start Care Provider Old Town Housing Authority - Project lade Driver - - Clerical Assistant - Clerical Assistants - Resale Store Assistants Town of Winterport -Groundskeepers -Laborer/Groundskeeper - Recycling Center Saint Joseph Hospital - Dietary Town of Hudson -Housekeeping- - Recycling Center -Groundskeeping -Laundry Town of Newport - -Prim Shop -Laborers -Maintenance -Data Entry -Clerical. 96-375 - J(+ Eastern Maine Medical Center - Data Entry - Physical Therapy Aide Acadia Hospital -Groundskeeping -Reception Public School Systems for the following Towns: Bangor Milford Diwnont Carmet Olaman Holden Glenburn Bradford Newburgh Hampden Corinth - Classroom Aide - Lunch Program elide -Library Aides -Groundskeepul; - Custodial - School Bus Maintenance MEMORANDUM TO: Robert W. Farrar, Director of Administration and Human Resources - FROM: Norman S. Heitmann III, Asst. City Solicitor RE: ASPIRE Program DATE: May 2, 1996 Attached is a copy of Erik's August 3, 1994 memo and .July 26, 1994 letter. Nothing has changed since then. The issue is whether, knowing the risk, the City should be involved in this program. If you have any other questions, please Callly/`�� tC Attachments Mr. Edward Barrett, City Manager City of Bangor Bangor, MB 04401 Dear Mr. Barrett: I would like to explain the ASPIRE/JOBS Program a bit. We have over a million dollar annual client services expenditure budget for the Bangor region. A lot of the money is expended to Bangor businesses. Also we have specific contracts that pay the city, through Bangor Adult Education, over $100,000. We belong to and support the Bangor Chamber of Commerce. We purchase large blocks of City of Bangor Bus tickets. your Bangor Housing has asked us to "jump our waiting list" and serve their clients. We have done this,. However, we have asked the City of Bangor to provide sites for community service obligations of our participants and we have been refused. I feel that this decision is unwarranted. Our community service obligation is no different than city work fare. Bangor is the only city t0 not accept our participants. Dover Foxeroft, Orono, and Brewer are a few of the many cities that do. Many of your city. agencies approach us asking for sites. This is labor that may save the city money. As I understand it, there may have been some legal objections. I believe we can address any concerns that you may, have. Bangor's participation in the ASPIRE should be mutually beneficial. Providing ASPIRE clients the opportunity to fulfill the law and assisting Bangor with a no cost expansion of its labor force and an opportunity for our clients to go from welfare to self sufficiency. I would like to discuss this matter with you in person at your - convenience. sincerely, �-.// David MacDonald ASPIRE Supervisor CC: Sally Thompson, Human Resources Director 96-215 -34 NOV 0 9 1995 Agm&tmea,. Kim W. Cmwm , ' SPATE OF MANE DEPARTMENT OF HUMAN SERVICES RDDRE65REFLVTO AUGUSTA. MANE N333 ASPIRE/SOBS PROGRAM 396 Griffin Road - Bangor, HE 04401 561-4100 Or 1-800-432-7825 November 8, 1995 Mr. Edward Barrett, City Manager City of Bangor Bangor, MB 04401 Dear Mr. Barrett: I would like to explain the ASPIRE/JOBS Program a bit. We have over a million dollar annual client services expenditure budget for the Bangor region. A lot of the money is expended to Bangor businesses. Also we have specific contracts that pay the city, through Bangor Adult Education, over $100,000. We belong to and support the Bangor Chamber of Commerce. We purchase large blocks of City of Bangor Bus tickets. your Bangor Housing has asked us to "jump our waiting list" and serve their clients. We have done this,. However, we have asked the City of Bangor to provide sites for community service obligations of our participants and we have been refused. I feel that this decision is unwarranted. Our community service obligation is no different than city work fare. Bangor is the only city t0 not accept our participants. Dover Foxeroft, Orono, and Brewer are a few of the many cities that do. Many of your city. agencies approach us asking for sites. This is labor that may save the city money. As I understand it, there may have been some legal objections. I believe we can address any concerns that you may, have. Bangor's participation in the ASPIRE should be mutually beneficial. Providing ASPIRE clients the opportunity to fulfill the law and assisting Bangor with a no cost expansion of its labor force and an opportunity for our clients to go from welfare to self sufficiency. I would like to discuss this matter with you in person at your - convenience. sincerely, �-.// David MacDonald ASPIRE Supervisor CC: Sally Thompson, Human Resources Director 96-2)5 3�) CITY O MAINE ooa w, xE'a :o� LEGAL DEPARTMENT ioiNasu s Erik M.5Shkim. Cie. Sof iwr FAX cam9 N. sn'ieie:, Ant. Orr sorawr July 26, 1994 Stephen W. Telow, ASPIRE/Family Services Program Manager Maine Department of Human Services State House Station 11 Whitten Road Augusta, Maine 04333 Re: ASPIRE/TEMPASPIRE/'f EMP Program Liability Issues Liability Issues Dear Mr. Telow: This is in response to your letter to Sally Thompson, Human Resources Director for the City of Bangor, dated July 20, 1994. Given the subject of your letter, Ms. Thompson has askedme to reply. I agree with the analysis that participants in the TEMP program are not employees in the usual sense and therefore probably are not eligible for workers' compensation benefits under Title 39 MRSA in the event of an on-site injury. However, if TEMP program participants are not eligible for workers' compensation benefits, then they would be entitled to bring suit against the City of Bangor under provisions of the Maine Tort Claims Act for any injuries received on the City's premises. In addition, the City of Bangor would be, potentially liable to any third party injured by the actions or negligence of a TIME program participant performing a work assignment for the City. Unfortunately, the City of Bangor is not prepared to undertake these potential liabilities in the absence of anindemnification agreement with the Department of Human Services or other sponsoring agency. If DHS is prepared to enter into an indemnification agreement with the City of Bangor, I am available to assist i drafting such an agreement. Absent such an agreement, however, I do not believe the Bangor City Council or .City Manager would authorize placement of TEMP program participants with the City of Bangor in its various departments. The absence of an indemni- fication agreement therefore precludes Bangor's participation in the ASPIRE/TEMP program at this time. 96-2]5 Stephen W. Telow July 26, 1994 Page 2 Please feel free to Call me if you have any questions concerning this letter. Sincerely, BMS/[c pc: Edward A. Barrett, City Manager Sally B. Thompson, Susan Resources Manager I E . Stumpfe City Solicitor BMS/[c pc: Edward A. Barrett, City Manager Sally B. Thompson, Susan Resources Manager I 96-2]5 STATE OF MAINE DEPARTMENT OF ATTORNEY GENERAL l2 MEMORANDUM'I I�JR�f�\� TO: Barbara Van Burgel, ASPIRE Program M gerA FROM: Christina M. Hall, Assistant Attorney G em' DATE: July 26, 199,5 RE: 'Tort claims protection" I have finally had the chance W review this issue with the lawyers at HHS. The question is what exactly is meant by "accident protection" and "tort claims protection" as referenced m 42 USC § 684 and 45 CFR § 251.2. I spoke with Jessie Klyce, an HFiS attc mey in the Boston regional office. Her advice was provided after consulting with and with the agreement of her supervisor, Nancy Nemon. To get an answer to this question, Jessie spoke with Ken Manoff, an assistant deputy with HHS in the Office of General Counsel. Evidently, Ken Manoff was the guy who drafted the regs. According to him, if a State provides Medicaid coverage for these individuals in work assignments, then that covers it and we do not need to do any more. At this point, I think we have gone as far as we can to seek out the State's responsibility under that law. We have received legal advice on the regional and national level from the federal agency responsible for implementing the program, and according to its representatives, we am doing all that is required. '302d �[ m coN)2 tNee IZnr/y 96-2)6 31 MEMORANDUM To: Municipal Operations Committee From: Robert N. Farrar, Director of Administration and Human Resources Subject: Use of ASPIRE/SOBS Program Date: May 30, 1996 During the past two years, there has been a dialogue between the City of Bangor and representatives of the ASPIRE/JOBS program concerning the possible use of ASPIRE participants to supplement the City workforce in selected locations. As you will gather from the attached correspondence, the main issue appears to be liability concerns raised by the Legal Department. The ASPIRE Program has once again made contact with the City for the purpose of determining whether we would like to participate in the program. In summary, the program consists of providing work locations for those participants in the ASPIRE program Generally, the participants would work 20 hours per week, which is necessary for them to continue in the program A three page listing of participating employers and types of jobs being performed by the program participants is attached. Notwithstanding issues raised by the Legal Department, this Program could be very beneficial to the City. There are several work locations in the City that are in need of additional assistance, but are unable to obtain the needed personnel. This program could help to provide some of that needed help without adding full- or part-time employees. If there is an acceptable solution to satisfy the liability concerns, would recommend to the Committee that this program receivefavorable consideration and approval be given to utilize ASPIRE participants. A representative from the ASPIRE Program has been invited to attend the Committee meeting and the Legal Department has been notified that this item will be on the agenda for consideration. In the meantime, should there be any questions, please feel free to contact me. RNF/j cc: Norm Heitman:, III Assistant City Solicitor