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
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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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95-2)0
Household Size Housing Maximum/Mo. 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