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
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18-363 09/24/2018
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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