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HomeMy WebLinkAbout2018-09-24 18-363 ORDINANCETitle, Ordinance 18-363 09/24/2018 CITY COUNCIL ACTION Council Meeting Date: September 24, 2018 Item No: 18-363 Responsible Dept: Health and Community Services Action Requested: Ordinance Map/Lot: N/A Amending Chapter 134, General Assistance, Section 134-29, by Amending Appeal Procedures Summary This ordinance amendment would clarify that any appeal of a decision regarding General Assistance benefits must be appealed within the statutory deadline in order to be heard. It would also bring our appeal procedure in line with state statute. Under both state law and City ordinance, an appeal from a municipal decision regarding General Assistance must be made within five or ten days, depending on the type of action being appealed. At present, if a person attempts to appeal a decision after the time period is up, the fair hearing authority still hears the appeal. The fair hearing authority, a panel of staff members, then typically denies the appeal as untimely. This ordinance amendment would allow the fair hearing authority to deny an untimely appeal by written notice without hearing, similar to the process typically used by the court system for untimely appeals. The ordinance amendment would also eliminate an interim review procedure currently performed by the Director of Health and Community Services. This interim review is not required by the state, and could create timing and other procedural issues on appeal. The Director still may review decisions made regarding general assistance as appropriate. Committee Action Committee: Government Operations Action: First Reading Staff Comments & Approvals Meeting Date: September 17, 2018 For: 3 Against: 0 City Manager City So ici or Finance Director Introduced for: First Reading CITY COUNCIL ORDINANCE Date: September 24, 2018 Assigned to Councilor: Supica 18-363 09/24/2018 ORDINANCE, Amending Chapter 134, General Assistance, Section 134-29, by Clarifying the Appeal Deadline WHEREAS, at present, if a person attempts to appeal a decision regarding General Assistance after the time period for appeals has expired, the appeal still goes to the Board of Appeals; WHEREAS, in such situations, the Board of Appeals typically denies the appeal as untimely; WHEREAS, the interim review procedure currently set forth in City ordinance is not required by state statute; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 134 of the Code of the City of Bangor is amended as follows: § 134-29 Review procedure. B. Initiation of appeal. (1) To request an appeal, the aggrieved person must file a written request for the same with the Health and Community Services Department: (a) Within five working days of receiving a written decision or notice of denial, reduction or termination of assistance; or (b) Within 10 working days after any other act or failure to act by the municipality with regard to an application for assistance. (� If an aggrieved person fails to file a written request for appeal within the appropriate time period listed in subsection (1), any appeal filed after that time period shall be denied by the fair hearing_ authority by written notice without hearing_ FA - - M-1 -, 18-363 09/24/2018 -- - -- -- -- -- - --- - -- -- - - -- -- -- -- - -- - - -- -- - -- -- -- - -- -- -- -- - - - ---- --- - - - - --- - -- - - -- -- -- --- 10- 1"', - - - - -- -- - -- -- - - -- -- - - - --- Additions are underlined, deletions strue� h. IN CITY COUNCIL SEPTEMBER 24, 2018 COr 18-363 FIRST READING A) CITY CLERK IN CITY COUNCIL OCTOBER 10, 2018 COr 18-363 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, NICHOLS, PERRY, SUPICA, TREMBLE, WESTON, SPRAGUE COUNCILORS VOTING NO: NONE PASSED 4, 9 CITY CLERK