HomeMy WebLinkAbout1995-06-12 95-270 ORDINANCErecruit 'cum, 1999 Date Item No. 95-2I0 Item/Subject Awarding Chapter II, Article 21 of the Ordinances of the City of Bang i Responsible Department: Health and Welfare Commentary: During the recent review of the General Assistance program by the Department of Numer Services. It was suggested that a general rewrite of the ordinance be undertaken in order to bring the ordinance up to date. Trisas the first general caprice undertaken to over 16 yea and it constricted in consultation with Richard Morrw, General Assistance Policy Coordinator at the Department of Boman Services Manager's Cammen^ts: Q I1 �4�0✓ AD-Q.dInmLLM19� Caryswil,rr, Associated Information: Budget Approval: eao D'Dno Legal Approval: Cay solia", Introduced For bbOF sage �First Reading 0 ,1 .� Page!—of l7 F?'Referral ya G' Assigned to Councilor Cohen June 12, 1995 95-290 CITY OF BANGOR (TUTEE,) MrbhTbwt.. 9mavding_ Chapter IIs-Arflele..,11.-ebe._DrdLtancza_of_. the City of Hang. Public Health end W,elfpp,G, __. Be ordoiacd by the City C 1 ofBa My of Banes, asfo4aua: That section 5.1 be delated in its entirety and replaced with the following Unless otherwise defined, all terms used herein will have their cremon meaning. Words and phrases having special definitions will be defined when they first appear in the guidelines, except as follows; A.A3Elicant. ______ A person who has expressed m of a Tie n application form, eitherthrough an authorized representative, directly desire to receive g aneral assistance. D. Agi liaation. An action by which a person indicates in writing to the Public Welfare Department his/her desire to receive general assistance. f.. Application Form. A document i a form prescribed by the Director of Public Welfare formalizing in writing the applicant's desire to receive general assistance. D. B.asic_Necsssity. "Basic n sity" means f"d, clothing, shelter, fuel, electricity, n nelective medical sr - ended by a physician. Telephone where it inecessary for medical reasons, and any Other commodityor service 95-3)0 determined essential by the Director of Public Welfare. Basic necessities do not include security deposits for rental property, except for those emergency situations where no other permanent lodging is available unless a security deposit is paid. E. Case_kgcortls. Official files of forms, correspondence and narrative records pertaining to the application, determination of eligibility, reasons for decisions and actions by the Caseworker or theDirector of Public Welfare and kinds of assistance given each applicant. F. Claimant. Any applicant or recipient who has requested a fair hearing. 0. Deficit. The difference resulting from subtracting a household's net income from the overall maximum for the appropriate household size for a particular municipality. H. Destitute. In distress and standing in need of immediate relief. I. OlrsCPDr_gf_ Publig_Welfare. The municipal official designated to receive applications, make decisions c ing client's right to assistance, and to prepare r ords and communications s concerning granting of assistance. The Director of Public Welfare may delegatesuch tasks- to other employees of the Welfare Department (Caseworkers). S. Disabled Persons. A person whereby r of any incapacity of a physical or ental nature verifiable by objective medical evidence is therefore unable to work or maintain a home. K. Dwelling_fdnit. "Dwelling unit" means a building or part thereof used for separate livingquarters for one or more persons living as a single housekeeping unit. L.. Emergency. "Emergency" means any life threatening situation or situation beyondthe control o/ the individual whicha if not alleviated i mediately, could reasonably be expected to post a threat to the health and safety of a person. If the applicant had sufficient i me/resources to provide the basic necessities needed to alleviate the ergency, but chose to u it for other than basic necessities n emergency will exist for general eliristance purposes and the applicant will not be gible to receive assistance to replace that income/resources. 95-2)0 M. General Assistance Prggrayn. 'Generlaassistance program" means a a � administered by a municipality for the; mediate aid of persons who are unable to provide the basic n sities essential to maintain themselves m' their families. N. household. 'Household's means an individual or a group of individual who share a dwelling unit. When an applicant shares a dwelling unit with o r en individuals, a when a lardlor'd-tenant relationshipmay exist between individuals in a dwelling unit eligible applicants shall receive assistance For no me than their pro rata share of the actual costs of the shared basic needs of that household according to the m m levels of assistance established in the ordinance. 'rhe income of household members not legally liable for supportingthe household must be considered as available to the applicant only when there is apooling of income. 0. Income. Any form of income ; ash o n kind received by the household includingnet rservices ration foe e 3 performed, cash received o either secured o red redit: any payments received s ved a annuity, retirement r disability benefits, benefit under any state o federal categorical assistance program, SSI, AS, and any other payments from government sources unless specifically prohibited by any law or regulation, court ordered support payments, income from pension or, trust Funds and household income Fiom any other s including relatives o, unrelated household mangers. P. Just Cause_ "Just c" " for failure to meet work requirements o the u of potential resources shall be found when there 15 reasonable and verifiable evidence of: 1. physical or mental illness or tlisability. 2. below minimum wages', 3. sexual harassment; 4. physical or mentalinability to perform required ,lob tasks; 5. inability to work required hours or to meet piece ork standards; 6. lack of transportation to and from wort: or trainingl 7. inability to arrange for necessary child care or of ill or disabled family member; B. any reason found to be good cause by the Employment Security oCommission; 9. any ether evidence which is reasonable and appropriate. 0. �.gm&_`eMg�_PBYTSllt. 95 -DO "Lump sum payment" moans aone-time or typically m nonrecurring s of money issued to an applicant o recipient after an a initial application. Lump sum payment includes, but is not limited to, retroactive or settlement portions of social security benefits, workers compensation payments, unemployment benefits disability income, veterans benefits, severance pay benefits, or money received from inheritances, lottery winnings, personal injury awards, property damage claims o divorce settlements. R lump sum payment includes only the amount of money available to the applicant after payment of required deductions has been made from the gross lump sum payment. A lump sum payment does not include conversion of a onliquid resource to a liquid resource ¢9 e the liquid resource hasbeen used or is intended to he used to replace the converted resource or for other necessary expenses. R. Minor Child... Any person who has not attained the age of 18 years. 5. Mu_n_icipality_oF_Resppnsi b33ity. "Municipality of responsibility" means the municipality which is liable for the support of an eligible person at the time of application. T. Need. Is the condition whereby a person's income, money, property, credit, assets, or other r available to provide basic n sities far the aindividual and the individual's family are less than the overall maximum levels of assistance established by this ordinance. U. Notice. Notice shall constitute that relief shall be furnished r denied within 24 hours of the submission of an applicant's benefit request. V. Real Estate. "ReaY estate" means any land, buildings, homes, mobile homes and any other things affixed to that land. W. Roc Sient. A recipient is a person who has open found eligible to receive general assistance under these guidelines by the Drector of Public Welfare or his/her authorized assistant. X. Resident. A -'resident" i a person who has moved into a- pality with the intention of remaining in that munici- pality and establishing a household and has no other residence. Y. Roonii nq_Hause. 95-2)0 A home licensed by the City where the landlord rents to persons each of whom pays the Landlord for his/her room although such persons may share other facilities such as a bathroom, living room or kitchen. Z. Student. An individual over the age of W years who is currently rolled in a post s ondary educational or training program - not specifically designed to assist him/her i securing employment - during regular business hours and by virtue of this fact i unavailable for full time employment during these hours, as. One_mployable. An individual who, through no fault of his/her own, has ever a period of time demonstrated in lnahility to secure or retain gainful employment in spite of continued diligent attempts and repeated efforts at training and retraining may be considered unemployable. bb. unmeb_Weeg. The difference resulting from subtracting a household's projected 30 tlay halt ine from the household's 30 day need, which is the s of income client's actual 30 day expenses for basic necessities, up to the specific ordinance maximums. That Section 5.10 D be deleted In its entirety and replaced with the following Sec. 5.10 D Tangible Assets No person owning or possessing tangible assets cnsisting of more than one motor vehicle, or a boat, trailer, recreation vehicle o other assets that are convertible into cash and non-essential - entiai to the maintenance of the applicant's household will be eligible for general assistance. Exceptions may be made when a person is making a initial application and when reasonable effects to ronvert assets to cash at fair market value are unsuccessful. Tools of a trade and other equipment used for the production of income are not considered available assets. The ownership of o automobile under the value of 84+500 by an applicant or a dependent will not make the applicant ineligible for assistance if such automobile is essential for transportation to employment, medical care, rehabilitation or training facilities. 95-2)0 That Section 5.10 G be deleted in its entirety and replaced with the following +O. Insuranc®. non-contr thatnon-contributory is available ior to that applicant on - tion of employment basis or that i e quiredafact a condition of employment will not general a factors; determining eligibility for general avalue mayn Life i with a ash surrender value may be consideredasa tangible asset. The applicant must begin the pricers of and the ting dis asset within O days be applused to ionpurchase hale be proceeds nces from this asset must be used to purchase basic necessities. Minimum liability c rage will not be a Factor in determining eligibility when arrautomobile i essential for transportation to employment, medical care, rehabilitation or training facilities. That Section 5.10 S be deleted in its entirety and replaced with the following Sec. 5.10 S. Work_ Reguirement. All persons otherwise eligible for general assistance under this Ordinance may be requi red to perform work for the City of Bangor or to participate in a training or educational program which would assist him/her 'i securing employment a condition of receiving such assistance. Any such work requirement shall be subject to the provisions of 22 MRSA 4315(4) as modified by the followings 1. The work requirements of this Ordinance shall be under the direction of the Welfare Director, who shall be authorized to issue such administrative directives as may be necessary from time to time to insure the proper implementation of the work requirement program. 2. An otherwise eligible person who refuses a workfare assignment from the City of Bangor under this Ordin without just c shall be ineligible for geners al assistance fora period of 120 days. Refusal to accept a workfare assignment shall include: (a) failure to report for work; (b) leaving work without permission from the worker's supervisor before the work period has ended; (c) failure to perform work a directed. A recipient who is disqualified under this section will be given on e (1) opportunity to regain eligibility duringthe 120 day disqualification. Any recipient who 95-270 intentionally causes damage to property, o harms other employees by his/her actions and is discharged by the work supervisor will not be entitled tc regain eligibility by returning to the work program. Eligibility may he regained by otherwise becoming employed and meeting the definition of need. 3. In n shall eligible persons performing ark under this Ordinance replace regular municipal employees. 4. NO person shall, as a condition of general assistance eligibility, be. required to do any amount Of work that exceeds the value of the net general assistance that person should otherwise receive antler this general assistance standards. Any person performing work under this Ordinance shall be provided with net general assistance the value of which 'i earned at a rate of at least the State's minimum wage. Expenses related to the work performed shall be considered in determining the amount of net general assistance being provided. 5. Work performed under this Ordinance shall not interfere with the eligible person's (a) existing employment; (b) ability to follow up on a tons fide job offer; (c) attendance at job interviews; (d) participation in a primary o toondary educational program intended to lead a high school diploma; or (e) participation in a training program which in either approved r determined, or both by theDepartment of Labor to be reasonably expected to assist the individual in securing employment. This paragraph does not include participation in a degree granting program, except when that program i a training program operated under the control of the Department of Human services or he Department of Labor. 6. An eligible person may be required to perform Drk prior toamg assistance when that assistance is notemergency in nature. 7. Failure of an otherwise eligible person to accept a suitable workfare assignment under this subsection shall not affect the general assistance eligibility of any member of the person's household who is incapable of workingi (a) a dependent minor child; (b)' a elderly, ill r disabled person. and (c) a person whose presence is required in the home isorder to r provide c r e for a dependent child under the age of 6 yearsor for any ill or disabled memberof the household. 95-2)0 S. General assistance recipients required to perform work for the City of Bangor under this ordinance will complete and execute such forms as may be required by the Welfare Director for purposes of administering the work requirement program. B11 forms will be read to the recipient to insure complete understanding of the conditions under which the general assistance is to be granted. The work order form will detail the amount of time the recipient i expected to work. the department to which he or she i signed, and the dater time and wort: location to which he or she is to report. Expenses related to work performed under this section by an eligible person shall be considered i determining the amount of net general assistance to be provided to the person. That Section 5.10 K be deleted in its entirety and replaoed with the following Sec. 5.10 K. SecurityBesosits_ Back Bilis. lE is the policy of the City of Bangor not to expend public funds for security deposits. When the only suitable housing available requires a security deposit the clientwill he required to enter into an agreement with the landlord to pay a portion of the deposit each month until the total payment is made r to apply for whatever other resources might be s available to assist in the payment ofsecurity deposits. When no other solution is possible, the arker may v written guarantee for damages (in s lieu of up to one month's rant). Assistance i not available to pay a bill for a basic necessity when that bill is e than 2 months old and the parson requesting assistance had n sufficient i money assets o other r available to pay for the basic necessity when then bill was received. The per requesting the assistance shall be required to provide evidence of income for the applicable time period. At the discretion of the Department the current bill nay be guaranteed to prevent an eviction or a utility shut-off. That Section 5.11 be deleted in its entirety and replaced with the following 95-270 Sec. 5.11 DEFICIT FORMULA/UNMET NEED FDRMULR For the purposes of this section an overall maximum is determined by taking 110% of the H.U.D. Fair Market for the Metro Penobscot Area. The deficit formula will be calculated by taking the overall maximum and subtracting i - actual work related expenses (if any) and addingm in any unaccounted for i If there ¢ o deficit and n emergency is determined to exist, assistance will be denied. In cases where there i a deficit, a met need formula will becalculated by determining the actual cost of basic necessities up to the maximum levels established by this e ordinance for each need category and subtracting the i -actual work related expenses (if any) and adding in any unaccounted for income. An applicant may be. granted assistance up to the lesser of the two amounts so determined. In case of ark emergency which could not have been averted a determination must be matle as to whether o not all income has been used on basic necessities and that there f nou other source available Toassist with the emergency. If all of these conditions are met, assistance may be granted to alleviate the emergency R. Earned Income. Income in or kind a by the applicant o recipient or members of hiss h household through lf- wages, salary, c mmioyee. a al income whether self-employed or as an employee. Rental 1 and profits From produself-employment, soloym are this categoprofitr is With respect to self-emplag business katal profit i gross in by subtracting . social security from and other i When income taxes. social asecurity, td and other payroll law are a r'equirea by state, federal, or local law are aeauceea. D. income From other Assistance or social Insurance Ste Security benefit benefits, DST Unemployment Social Security benefits, is from benefits, llgovenmenta Insurance Benefits and payments from other governmental or private sources nany will c a unless specifically prohibited etl by any law law or regulation. Any applicant who forfeits receipt of o reduction in benefits from another program causes because of a knowing and willful violation of a program rule 95-370 is ,eligible to r s e general assistance to replace the forfeited assistance. C. Cou[t Ortler etl Su�Qort Payments. Alimony and child support payments will be considered income only if it is actually received by the applicant or recipient. 0. I-ncame_Fr am-OtherSources. Income From any s will be c s considered if it i intended for use source , y member of the household, related or unrelated and is actually to the applicant. E. Earnings of a Child. The earnings of any child under the age of eighteen (18) years who is a full time student and who is not orking full time will not be considered as income under these guidelines. F. Retroactive Benefits. If an applicant receives a lump sum payment that payment must be prorated over Future months. The period of proration is determined by disregarding any portion of the lump sum payment that the applicant/ recipient has.spent to purchase basic necessities, including but not limited to: all basic necessities s provided by general assistance; payments of funeral or burial expenses for afamily member; travel costs related to the illness or death of a family member; cepacr or replacement of essentials lost due to fire, flood, or othernatural disasters; repair or purchase of a motor vehicle essential for employment, education, training or other day to day living nacessitiesp and payment of bills earmarked for the purpose for which the lump sum is paid, The period of proration is determined by dividing the remainder.of the lump sum payment and all other income received by the household since the receipt ,of the lump sum payment by the maximum monthly amount of assistance that the household May receive. That dividend shall represent the per otl of proration, which shall be determined by the caseworker to commerceo n the date of receipt of the lump sum payment. The prorated sum for each month must be considered available to the household for 12 months from the date of application or during the period of proration. whichever is less. Not withstanding any other provisions of law, the City of Bangor shall have a lien for the value of all general assistance payments made to acipient on any lump sum payments made to said recipient under the 95-2]0 Workers Compensation Act of the State of Maine Or similar law of any other state. All applicants who receive general assistance while receipt of their Supplemental Security Income (SSI) assistance is pending o uspandetl: and which therefore may be retroactively issued to the applicant at a later date, will be required to sign statement on a form distributed by the Department of Human Services that authorizes the Social Security Administration to direct a portion of any retroactive SSI payment to the City of Bangor and/ r the state in repayment for the general assistance granted. Any general assistance applicant who has applied or who may be applying for SSI or who refuses to sign such anauthorization will be found ineligible for general assistance until he/she provides the required signature. G. Excludable Income. Exclutl ab leincludes: 1, real or npersonal income-producing property, tools of trader governmental entitlement specifically treated as exempt by state or Federal law. 2. Actual work related expenses, whether itemized or by standard deduction, such as taxes, retirement fund contributions, union sums, transportation cast to and from work at .28/mile, special equipment costs and child care expenses. 3. Earned income of children below the age of M years whoa a full time students and who are not working full time. H. Potential -Income. Potential in s defined a me that could be received bythe applicant if action were taken to obtain it e.g.; Social Security, Worker's Compensation, Unemployment Compensation, AFDC, SSI, etc. I. Treatment of All Other income. The Full value of all TncomZ not defined a earned whether in kind or sactually which i tually available for u n the household will be considered n determining need under the deficit/unmet need formula. S. Agreement _for Housing. If an individual or family has provided living accommodation to a person or family, standard general assistance may not duplicate this service. K. Other Jnrelaten Parson(a) Liv-inq-in theHome. 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Maximum (All Utilities Included) Total/Mo. 360 351 425 417 536 545 683 697 723 762 Applicants requesting assistance for housing that contains more bedrooms than a necessary for the number of household members will be provided assistance according to the maximum level far the number of bedrooms actually needed. Payments for rental assistance on behalf of do otherwise eligible individual will not be made to a parent, grandparent, child, grandchild, sibling, parent's sibling, or any of their children unless the rental arrangement has existed for three (3) months prior to the application far assistance and i necessary to provide the relative with basic necessities. Missal. laneous: Medical, dental and eye services may be provided on an emergency basis. Except in unique situations approved by the Director, the Caseworker will not approve dental expenses other than tooth extractions. That Section 5.14 be deleted in its entirety and replaced with the following Sec. 5.13 assistance Categories. Thera are two (2) categories of as istance which are administered by the Bangor WelfareDepartment underthe General Assistance Program: Deficit Formula (Section 5,14A) and Emergency Assistance (Section 5.148 - M). A. Deficit Formula_ In order to r istance under this section, the applicant musbe ass maintaining their own household, have a need deficit under the deficit formula, and satisfy all other eligibility rules and regulations set forth in these Guidelines. All persons requesting general assistance in the City of Bangor must use their own income to purchase e basic necessities. For the purposes of this section rent will be considered the primary basic necessity and clients making other than initial applications 95-270 will be expected to experts their available i on paying the rent prior to applying for assistance. Except for initial applicants, recipients are not eligible to receive assistance to replace income that w spent with" the 30 -day period prior to the application on goods and services that are not basic necessities. The income not spent on goods and ss that are basicnecessities sities is considered available to the applicant Applications for a istance under this section must be processed within 24 hours of the date of application. Decisions shall be cmcated in e riting setting forth the r on(s)for3 the decision. If the applicant Is found eligible, assistance shall be furnished within 24 hours of the date of submission of the application. B. Emergency -shelter. The Bangor Welfare Department is authorized to provide temporary shelter (in shelters operated by the City) for persons who, by reason of special emergency, a stranded, homeless or victims of family violence. Individuals and families housed n City r shelters must qualify for General Assistance. The length of time authorized in the Shelter shall not exceed thirty (30) days. An extension may be granted if circumstances warrant. ant. r Such circumstances may include, but shall notbe limited to, daisy inapplication for categorical assistance, loss or delay of monthly benefit checks etc. Individuals will be eligible for admission to shelter once in any twelve (12) months. Exception to this rule may be made where verifiable circumstances warrant. General Assistance funds may be expended to house eligible individuals and families in private not for profit shelters located in the City of Bangor provided the shelter has entered into anagreement with the City to provide such s Eligibility will be contingent upon a full General Assistance application being taken within two workl.ng day of admission to shelter and General Assistance eligi- bility being established. C. MjEpK_Chj Idren. At times it might be necessary ary for the Welfare 1 Department to assist m children whose needs are not being met by their parents. Reasons for this IN CITY COUNCIL ` June 12, 1995 First Reading Referred to Municipal 0 vs Committee 400 8( IN CITY COUNCIL June 26, 1995 Passed vote: 9 Yes Councilors voting Yea: Baldacci, Blanchette, Cohen, Pratftbali Popper, Soucy, Sullivan, TyTy Noodn CITYICLERK 95-370 ONDINANCE ( TITLE,) Amending Chapter IT. Article 31 of the Ordinances of the City of Bangor - Public Health and Welfare 95-2)0 might include, but shall not be limited to: A. Disqualification of the head of household for quitting employment, failing to register for employment or refusing to participate in the Workfare program; 2. Failure of a responsible relative to provide necessary support. D. Excessive assetg. At the time of aninitial application a individual Or family may beassisted isted e n though they have excessive sets 'if a immediate need can be established• continuing assistance will be contingent upon the applicant malting a good faith effort to convert the assets into available funds to be used to purchase basic necessities. E. Burial. The Welfare Department shall provide for proper burial of indigent persons providing that the total burial costs do not exceed $1,000 and it is determined that the burial costs cannot be paid i total, Or n part, from any other source including responsible relatives or from the estate of the deceased. The Welfare Department will apply all monies available from Other sources toward the total burial costs. The allowance for burials under these guidelines shall include the undertaker's services, clergy, personal attendants, casket, vault box, hearse and obituary. When required. am of #290 may be paid for a liner. The expense �Of opening and closing the grave will be considered a additional cost to be paid directly to the cemetery up G. amatimum of $150. The additional cost of a grave side s o Kill not be considered a covered expense under these guidelines. The Welfare Department will not be obliged to pay for any burial expenses if the Director has not approved such expenses prior to their delivery. F. Over -Supplement' ata on_ of Total_aeguyrements. For various reasons, e it might be n ss necessary to assist an individual or family i of the amount established under the defici[ tformula. Such assistance will be granted only for food, fuel, medicine, clothing, and household items. When such items are unavailable from any other source. G. Other_ Necessary_ Expenses. Under this section assistance that is absolutely 95-270 necessary and cannot be obtained from any other may be provided. Assistance granted under' this s section shall not a eed amounts listed in the basic total requirement charts That Section 5.15 be renumbered as Section 5.14