HomeMy WebLinkAbout1983-08-08 83-285 ORDINANCE83-285
Introduced by Councilor Soucy, August 8, 1983
CITY OF BANGOR
(TITLE.) (000 UP, ReniSiOnOf Chapter II, Arty le 21 of the
Ordinances of the City of Bangor - public Welfare Department
Be 4 oadai by W asy Gasman of Me City ofBaaaor. as foUsue:
THAT the provisions of Chapter II, Article 21 of the Ordinances
of the City of Bangor be repealed and replaced with a new Article
21, a copy of which is attached hereto and made a part hereof.
Statement of Pact: The purpose of this Ordinance is to update
the City's general assistance regulations to conform with new
legislation adopted during the First Regular Session of the
111th Legislature.
83-285
IN CITY COUNCIL ORDINANCE
August 8, 1983 "
Referred to Welfare Appeals ( TITLE.) Revision of chapter II, Article 21
Commit[ Consider next
rriar meeting. _ of the Ordinances of the City of Bangor
p AfJ
W
O CS Clark Elrc Welfare Department
P
IW CITY COUNCIL -
August 22, 1983 IntnIta e9 am fijed 4/
C der next meeting.
CITV CLERK GWllft
In City Council September 12,1983
Banned as amended by the following
yes and no vote Voting yes Hrow,Cox
Davie �Fravkel �Gase�Jordan�8ouoy,Nepmaath -
Willey
Citi lerk 1 y,_
Ch. IIr Art. 21
See. 1 — Sec. 3
CM4PTER II
ARTICLE 21 — PUBLIC WELFARE DEPARTMENT
See. 1 Public Welfare Department Creatai. In accordance with Article V,
Section 2 (a) of the City Charter,
there is hereby extablished a Public Welfare Department.
Sec. 2 Function of the Publie Welfare Department. It shell be the functions
of this Department:
2.1 Assistance. To rsMer general assistance to all eligible
applicants in accordance with all applicable
State and local laws, ordinances and regulations.
2.2 Rehabilitation To access the rehabilitation of persons receiving
aid and assistance so test such persons may
become more productive and better adjusted members of the commmarty.
2.3 Reimbursements from the State. To insure that the City of Bangor
receives all reimbursements from
the note, as permitted by law, for general assistance given to
persons eligible for such assistance within the comuetty.
2.4 Cooperation with Federal and State Governments. To cooperate with
the Federal and
State government in matters of mutual concern.
2.5 Serials. fe provide burial for indigent persons whose death may
occur in the City of Bangor and to recover the amounts
necessarily expended as provided by law.
Sec. 3 Director of Public Welfare. There is hereby authorised and establishad
the position of the Director of public
Welfare. The Director of public Welfare shell supervise the entire
operation of the Welfare Department ani shall exercise all the powers
and perfore all the duties conferred ani imposed by law upon Overseers
of the Poor. This position shall be included in the Personnel Classi—
fication and Compensation Plan for the City of Saeger. The Director of
Public Welfare shall be appointed by the City Manager on the basis of
merit and fitness alone, subject to the confinoation of the City Council.
3.1 Monthly Report to City Manager. The Public Welfare Director shall
make a report to the City Manager,
before the first Council meeting of each month, ae to the business
of hie/her office during the preceeding month.
3.2 Other Duties. To perform such other duties as may be preaeribed
by the City Manager or sny� applicable state and
local laws and ordinances.
Ch. III Art. 21
Sec. 4 - Sec. 5
Sec. 4 Hissionsr^f Funds. The Director of Public Welfare is hereby vested
with all powers and duties heretofore vested in
the city Missionary in the matter of investigating into the wants
of the destitute and poor of the City of all classes, without regard
W religious belief, race or nationality, and to expend such income
as may he received Aram facts debuted to the City for the we of the
City Missionary.
Sec. 5 Declaration of Policy. The City of Bangor shall admLtlster a progean
of general assistance available to all persona
who are qualified to receive general assistance in accordance with
the standards of eligibility us set forth herein. Applications will
be accepted from aroebu who expresses a desire to receive assistance
And relief will be furnished to those who qualify within 24 hours of
the date of the submission of the application.
Assistance in the City of Bangor All be provided far certlacatfon
periods Out to exceed one month. In order to be eligib el or aeers-
tance the applicant coast went all eligibility ragefrements of these
guidglins. Eligibility for assistance will be redetemdned in Mccrd-
dce with Section 5-9 of these guidelines. It is the policy of the
epartment cot to mads grants of cash directly to the recipients.
Every effort will be made by emplpyeas of the Nelfaz Oepeetment to
recognize and encourage dignity, aeif-re ,and 11swe on
the pert of the clients. Can of the goals of the genazvl assistance
program will be to assist each appliance to achieve self-maintenance
and adequate social function. The incentive to work will be en-
couraged. An isportant focus of the general assistance program will
be the preservation and strengheni,rie of the family suit in order to
secure the rights of all children to a sound and healthy environment
conducive to urinal development.
Me general assistance program will place on restriction on the
individual rights of any applicant, err will there be env descrim-
ination basal upon race, sex, religion, end political affiliation
The Public Welfare Department will take all recuumble shape to
ensure that each client is made aware of his/her rights end re-
sponsibilities under the general assistance program. Each applicant
will be evaluated individuallywith Yair and renal treatment be
guararhaed to a app rcants0 shall have the r t
to request a "Pair Hearing" of dry decision concerning his/her right
to assistance in accordance with these nuidelines and 22 MRSA 4301-43.
As far as reasonably possible decisions on all applications fee
assistance will be made at the tire f a ligation. Complete records
Will be maintained and all information given by clients must be re-
cognized as privileged and confidential. All decisiobu mncernine an
amlicaM' eldrt toe ishence will be waves in writing statiarR the
bu why ase stance reins granted or acumen.
A rotine x511 be mated 17 the Welfare office statin¢ the hours and
and days that general assistance will b0 administered. An urdeted
copy oP these guidelines rill be maintained in the Welfare Office
Por easy access to dry member pf the public.
Ch. II; Art. 21
See. 4 — See. 5.1
A coon of these guidelines together with a coon of all oolication
oxms not res
she a on th the Co ssio"�'Numen
Services. Any admeniment or modification of these mwbielMs shall
De suhmitted to the Commissioner or comment rite.
5.1 Definitions. Unless otherwise defined, all terms need herein
w=i ve their common meaning. Words and phrases having special
definitions will be defined when they first appear in the Guide—
lines. except as followm
a. Ate. A person who has expressed by meanie of a written
application form, either directly or through an authorized
representative. a desire to receive general assistance.
b. A� licfat' n. An action by which a person indicates in
writing to the hblic Welfare Department his/her desire to
receive general assistance.
C.
AAllication FbrmForm. a document in a form prescribed by the
Director of Public Welfare formalizing in writing the
applicant's desire to receive general assistance.
d. Basic Necessities. "Basic necessiti,es" means food. clothing,
shelter fuel electrocit roective me ick se ces re
ommabletl by fl Dhnicaen. to eDhone w ere it is necessary for
medical reasons and other wmcsoaxty service or momausaizies
detarmlv ➢Srector of Public Wel
e Case Records. Official files of form, correspondence, and
narrative records pertaining to the application, determination
of eligibility, reasons for decisions and actions by the
caseworker w the Director of Public Welfare, and kinds of
assistance given each applicant.
f. Claimant. kny applicant or recipient who has requested a
foie hearing.
g. Deet'tute. In distress and stabling In need of innediate
re�lef.
h. Director of Public Welfare. Me municipal official designated
to receive epplicatione. make decisions concerning client's
right to assistancet and to prepare records and co®mmications
concerning granting of assistance. Use Director of Public
Welfare may delegate such tasks to other employees of the
Welfare Department (caseworkers).
i. Disabled Persons. A person whereby reason of arp incapacity
Me e p^1 nyslcal or mental nature verifiable by objective melical
evidence is therefore unable to work or maintain a home.
J. ➢welling Unit. IU ellibe units means a building or part thereof
ed for ampere
sL a ho�ong wit.
k.Enareney. er earns any life threatening situation
or i Ion�nd the control of Vae uvlivld which
of not alleviates immediate could reasoostoir De expecced
to pose a threat to the neazife or ea ety or a person.
1. Flnereency Assistance. Means a temporary immediate need of
assistance to persons who are unable to provide or obtain
the basic necessities essential to maintain themselves or
their family from any other source.
. General Assistance Proms. 'General'Genaral ass'stance am"am"
mean d ee[viGO admitSsteied b m�mi'c' amt $i t a Smmealate
o persons w are mosaic toe roviae t e basic necessities
asssntlal to maintain themselves or their res.
n. Household. "Household" means an economic unit composed of a
�o Individuals egad y obligated for the support o each
other unrelatea andlvaa s who castomaz V
share a dwelling unit. mol income r share emsmses in co
o Income. Anv form of income in cash or in kind receival by the
household incl Sn¢ net ramrmeratian r services eiPorned
any payments received as an annufty. re ens pi d1s8b>
bees is vetaians s woe easatron unse to ent
bene Sts ben¢ is Ness s la e Cate rxc
tent¢ S8I SSaand attleii 9 1Yrom vernmantrs—
sources, unless speed ce y om tea bynamr law or regulation,
coart of e+mi[e s ¢nts income romm pension or trust
relatana houseboia income m any o source. including
�atM nouseho a member.
p..Just Cause. ^Just taus "shall be found when there is reasonable
a ver, ,able evidance¢o
1. physical or mental illness or disability(
2. bne _q mImIMUM�e
3. sexual haras¢menb-
yphysica ormep_.%t inability to perform roxadred
q. Minor Child.
Any person who
has not attained the age
of 18 years.
r. Mv+ti.eS lit
f Ree ncibilit
oa
. 'tAl^3cipfllity of responsibility"
ens them
alit wale
s liable fo[ the s rt
of
ell"i0 a poison flt the time 01 application.
s Neei. "Need" men the mnditlon whereby a person has in—
• 81-11�I1Ci0nt inc0m9 �nB IYI eCt Credit as8Gt9 O! Other
Meana available tO�yiae bask neC0681t e9 IOr tFle 1
al and the individual s Testily.
t. Notice. Notice shall constitute that relief shall be fhrnished
rrdee within 24 hours of the submission of an applicant's
benefit request.
U. A�e�a��l� ES &e;
'Real estate" means land build s homes
motes any other thSn¢s aPidxed W that land.
V. Aec�i ie�t. A recipient is a person who has been Pound eligible
W receive General 9sdetance urdei these &olds fees by the
Director oP Public N8 livoratah s/her authorised assistant.
w. Resident. A 'Se9idmt" is a n who has movei into a mmScir
Sty with the intention o rams 1a that sumcipmulzy and
establishinuc a hauselois.
X.
Hao House. A home licensed by the City where the lsndlox
IMSin !obs each of whom pays the lercllord for his/her
room although such persons may share other facilities such as
a bathroom, living ro , or kitchen.
y. Standard of Need. She stipulated total needs of a family
dete[min the indigency formula which when unsatisfied
by relevant resources make the person or family "needy" for
General Assistanee purposes.
a. Student. My pdividual over the age of 1B years who is
cerrerhly eeurolled yr a st secondary eiucatlo or training
PrOR notscetii c v�aeamed assist M1sm er in securrR4
went ZF re usiness boom aW vvires tue or tols
fact is unavaiiaeie ior Do 1 1 tame employment disana these
sa. Unemployable. M individual who, through no fault of his/her
own, has over a period of time demonstrates an inability to
secure or retain gainPal employment In spite of continued
diligent attempts and repeated efforts at training ami retrain—
ing may be considered unemployable.
5.1 ContldentlaI t f Information. Under 22 MRSA 4,306 records,
papers, es and re cations relatddg W an applicant or recipient
of general assistance are csnP ential and he information relating
to an applicant or recipient of general assistance may be disclosed
to the general public, unless expressly permitted by that applicant
r recipient.
information s,@plisd to the mundc;polity by the State Department
Of Human Services, rods! 22 F9VSA &314.1 , concerning recipients of
categorical assistance, 19 W be held confidential by the munici—
pality. MSeuse of information whether in State or municipal records,
receive general assistance and by completing a written
application and other forms as may be required by the Public
Welfare BireZE r. I£ an individual is incapacitated. sooli-
amlication may be made throvoh a duly authorised rearesentative.
In my base when an a limn unable,tl
bllity. lack oT tramoortat£on.slack of child care or other
good muse. to amly in person for assistance or unable w
a int a d authorised r rotative LRe caseworker shall
cent en application by telephone aubiect to verfication by
mall aW a visit w thea licant'8 home with the mment o£
the a limnt. If thea 1lrmnt Tails to blve such mment
aistance will be names.
5.4.2. Caseworker's Responsibilities at Time of Application. Ween
application v once for general assistance, the caseworker shall
inform the applicant of:
a. The StandazHe of eligibility for general assistance in
the City of Bangor:
b. The applicant's right to review and the nature of the
revive process;
c. The applicant's respomibllity for reporting all facts
material to a proper determination of eligibility and
the pro tdes for false representation. It will be
imbressad umn the applicant that it is uNawEal for
atv applicant or recipient W krewLngly and willfully
make a false written representation to the caseworker
�n order to receive general assistance (See 22 4
54315) and that such false re esentation is a Class 8
nine aM a written intim result in a e
die lrication;
d. The joint responsibility of the caseworker and the
applicant for exploring facts concerning eligibility:
beads and resources: aW the applicant's responsibility
for presenting records or incumbents in his/her possession
or readily available to him/her to support his/her state-
ments;
e. The kinis of verification needed;
f. The fact that an investigation will be undertaken by
the Welfare Department as to the applicant's income,
reeouress, and assets. That such an investieation may
inclWe anunced Mme visit made durine regular work—
ins sour
emo
g. The applicant's reapansibilities for mtifyvng the case-
worker of ars, change £n edroumatances that will affect
an
his/her eligibllity;
h. AW other programs of assistance or service of which the
caseworker may be aware or which the applicant may avail
himself herself in addition to or In lien of receiving
general assistance;
i. The City of Bangor's rights and remedies for the raimbarm—
ge.t, frau the applicant's relatives pursuant to 22 MB.SA
4319, which In part states as follows:
'The father, mothero grandfather, grandmother, children
and grandchildren, by consagutlty, living within the
State and of sufficient ability, shell support persons
chargeable in proportion to their respective ability.
A town. . . . . . having incurrai expanse for the relief
of such pauper, may complain to the Superior Cannot . .
The cannot may .. . . assess and apportion reasonable
am upon (such kindred) are Yowl to be of sufficient
ability for the support of such pauper . . . The court
may assess she apportion such kindred a sawn sufficient
for the Peters support of such pauper, to be paid quarterly,
until further order: . . . . 11
j. The applicant's personal respone�'.prlities for reimbursement
to the City of Bangor antler PdiSA M4316, atich states:
"A mundoipality or the State which has incurred General
Assistance Prognam costs for the support of any eligible
person, may recover the fall sweet expendei for such
support either fMm the person relieved or from any
person liable for his support, their executors or almia—
instrators. in a civil action."
5.4.3 Energen Benefits Prior to Pall Verification. Whenever On
OW411crart for
general a
s: tea to flue casawo[ksr that he a is
in need oP Smmeliate assistance to meet basic necsities. the
car llification issueto the a 1'rant
within 24 hours of the application, safficient benefits to pro—
vide the basic neCesities nestled immediate b t a licart
cone that theo lowinx conditions ar met.
1. Probab113ty of eli,¢ibillty far assistance after fall
vmd cat n Asa a Loyal interview
with the anollcant. the caseworker shall have deter
mined that the applicant will probably be eidzi'sle
for assistance after fall verification is completed.
2. ➢ocmneMetion. Where vossible. the applicant shall
submit tp the caseworker at the time oP the initial
inteavdma. adeouate documentation w variry that
there tea impediate asaistance.
3. Information o1otaimi,
Ss rot available at the t' 4
M
wn the casmro kal 16.11
the anitial-A22Li=
arson for the pqripse of ob
Firm t of to bhisluer read
concerning public gsdistance clients is punishable by law as a mie—
deineanor (22 MSA S ). The Welfare Director should also be aware
of laws concerning the �on[identiality a£ reaorda concerninghuicotiee
prescriptions (22 MSA €2374) aryl records concerning birth, marriage,
and death (22 MSA 32706).
5.3 Maintenance of Records. The Welfare Department 1s required by statute
to keep complete records of general assistance granted An the City of
Bangor. In addition to general statistical records concerning the
number of persons given assistance and, the cost far such support:
separate case record is established for each individual or household
applying for general assistance.
The purpose for keeping completerecords of geneeal assistance is
thre"fold:
a. to provide a valid basis of accounting fie erpeMi—
ture of municipal fundis;
b. to support decisions concerning the applicant's
eligibility;
C. to assure availability of information if a client
seeks administrative or judicial review of the
caseworker's decision.
When verification of circumstanced affecting eligibility ds heeded:
infoamation recorded will belimited to what is necessary to insure
validity of the decision concerning assistance.Although narrative
recording may be helpAal to reflect the unique circumstances of each
client, the record should include only enough material to cover ade—
quately the particular situation giving rise to the narrative entry.
Minimum information to be wAntai ed in case records by the case—
worker is the following:
d. completed application for assistance;
e. grourds fpr approval or denial of application;
f. a narrative sooiel history recording the reed for
assistance, the results of home visits, collateral
information, referrals, changes in status, etc.;
g. complete data concerning the type and amount of
assistance granted;
h. a anov of the "Notification of Eligibility" form.
5.4 A224cations — Procedure. Anson who makes an application for
assistance and Who has not epolied for assistance du_rfng the previous
six 6) months shall have his il
her eliarbity detroolarl solely on
on the basis of need, anbseoue� applicataooa within auivi
minthe shall be considered In accordance Wath these sidelines.
5.4.1 Rie , . Any person has the right to apply for
general seeds once. M iNividual may do so by appearing
An person before�aasewozke�r a_a_' e�ressi� a desire to
for vmnediato assistance.
4. t;.;tettona. In no case
A. the authorisation of benefits under this
section exceed thin 0 care;
B. Mev there be further authorization of benefits
to the applicant until there has been lb" veri—
fication com=mL the applicant -s eldeibdlity.
5.4.4 Temoorary Refusal to Accept Application. Under special circumstances
the OeparGoent may rmibse to accept appiicati . Such circumstances
shall inclute, hot are hot limital to, the following:
a. cases where the applicant's co duct is abusive and disruptive
or in cases where the applicant is order the influence of
alcohol or drugs. The applicant may be required to leave.
I4 he or she refuses to leays, the police may be susmomd.
The applicant will be informed that an application will be
taken when the particular cireunmtencee are, no longer present.
b. Cases where a thiml person desired to make application for
assistance on behalf of the applicant. The person will be re—
quested to provide written verification that they have been
authorized to act as representative for the applicant.
5.5 Reaooeuiblllties off Poch Awlicaat and Recipient. Each applicant
and recipient has iaspovibility at the time of application and
continuing thereafter:
a. to provide accurate, complete aul current information concerning
his/her needs, resources affi assets, and the whereabouts aed
circonmtaocea of reapopsible relatives. Assistance may be denied
or termiitated if
the epulicant/recipient is uewilliag to succly
the necessary information or permission to make. collateral
contacts;
I. to notify the caseworker when a charge in his/her needs, resources
end assets will affect eligibility for general assistance:
C. he apply for aM utilise env other available bmuefits or reemuces
that will reduce or eliminate the need for general assistance.
d. he rahchierse the City Yoe the coats of assistance grmutai in the
avant he/she becomes of sufflcimt ability to pay the came:
e. W use all monies available to him/her for necessities first
before requesting general assistance or purchasing luxury items.
5.6 Recognition of Dignity and Rights. Any initial interview or any
later Proceedings, including
W investigation of the applicant'a eligibility: shall be conducted
in a manner that will not violate the Privacy, personal dignity or
i.Mividual rights of either the caseworker or the client ani/or him
family and personal acquaintenances.
5.7 Actions on Auplitation. Unless an application is withdrawn, the
caseworker most make a decision concerning
the applicant's eligibility and if eligible commence furnishing
relief within twenty—Tour (24) hours after the date of submission of
signed and oomplated application together with all other forms requires
ed by the Public Welfare Director.
5.8 Withdrawal. An application is conaiderad Withdrawn if:
a. the caseworker is unable to complete the interview, i.e.. if
the applicant refuses to cooperate with the easeworker; or
b. the applicant dies before general assistance is furnished; or
a. the applicant avails himself of another service which makes
hist ineligible under these Guidelines; or
d. the applicant requests, in writing, that his application be
withdrawn; or
e. the applicant, fails to complete or sign the application or
any other form required by the Public Welfare Director.
5.9 Redetermination of Eligibility. The application form Will show the
duration of the limited periods of
entitlement. Written notice of termination or suspension of benefits
with opportunity for hearing will be given should a decision be made
to discontinue assistance during this limited period of entitlement.
If a haarir�e ie reouestei Wtthin the eetabldV Lime limit. assis—
tance will contim:e entl' a —dt i on ilat the he authorlt .
t w time Will such an ezterudon of benefits outlawt the original
certification Period.
5.10 Eligibility Rules end Regulation. Me following measures we to be
emplaysi by the caseworker upon
receipt of the written application in determining eligibility to re—
ceive assistance from the City of Bangor.
A. Age. Age sball be a factor in determining eligibility for
nal assistance. No person under the age of eighteen
18) is eligible unless:
a. eayaminated by marriage: or
b. emoncipatel by the death of both parents and ineligible
mr Meter care; or
c. he/she is a member of a household other ise qualified
scalar these guidelines.
B. Residence. Residence is a factor in determining whether the City
oT'B�r is responsible for providing assistance to an individual
The city has a statutory duty to give assistance to rusticate (see
definition) of the city who are in need. Assistance will be given
be eligible parents who apply for assistance and who are neither
residents of the city bar of ary other municipality.
rrci tetistre uepg'r a istC municipalitvtha ctatWill tcoM,inue
tousre6icie for the support of said racloiem tar thirty
da alter reloca ion.
An anDlicant who is in a Imm Mme shelter, rehabilitation
center nurs ma Me ital or Other insUtut n at the time
of a cat on wM has either best in that Lgatitutaon or
sffi month or less or has a residence whim butane has
maiatuthas are to whim nalshe intents be return snsai remain the
responsibility municipality of ori&in,
If a resident of another soniaipality falls into distress in the
Cats of Bator Gaergeney aessstance mey be given to hull
on behalf o the responsible muntcap ty provided Lnat y m aamin—
istratisn in that �muticl litybad given priorprior appy
agrees tot' b h uity or career, ror me a5scatance pruyuxea.
C. Ugad Assets. No person owning assets easily convertible into
cash including, but rot limited to bank deposits, stocks, bolls,
certificates of deposit, or other marketable security, or lite
insurance with a cash surrender value, will be eligible lar assis—
tance. in those cases where the need for relief is determined to
exceed the cash value of such liquid assets assistance may be
granted for ecu remaining difference.
Do Tan blame Assets. No person owning tangible assets other than
too sl 04 trade or ordinary, household goods which are easily con—
verted into cash including: but but limited to color television,
recreation vehicles, motorcycles, boats, motors, or motor vehicles
within the limitations provided in Subsection (a) below shall be
eligible for assistance.
a. W person owning a motor vehicle shall be eligible for
assistance. However, the ownership of one vehicle under the
value of $190Oo.00 by an applicant or a dependent will not
make the applicant ineligible Por assistance in those situe—
tions where the vehicle is essential in ones employment or
necessary to obtain medical treatment.
b. An applicant or recipient is allowed personal property not
immediately convertible to cash with equity value not in
excess of $500.00. An applicant or recipient with one or
re dependents is allowed personal property not immediately
convertible to cash with equity value but in excess of $1,OOo.00.
E. Citiizenshii . A person must be a citizen of the United States or
a lauai413y Admitted alien to be eligible fon assistance. AA I`
cants who az neither citizens nor lawfull admitted aliens will
be referred to the United States Department o Imm -tion IDr
appropriate Action,
P. Other Resources. Anv applicant or recipient must make a good
faith effort to secure�otent' resource which m be
ova le in0lud' u not limited boanystate or federal
assistance Drroazam: employment Deneflts: saver Ment or private
Eraion re ams• availab is trust s• a t Brom le all
latives: chi d support pavmeats:.iolntly he tl resources
where the a�icant or racwtent share may be ava`ilab a to tne
Individual. etc. Assistance shall not be wutMWeIC pending
receipt of so= resource as ong as appiicatnon has been made
r good faith, effort is being made to secure the resource.
Anv individual epplvi+tg for or receiving asalstance due to a
disabilit Nt mma o iaa th ePPo to make use 01 any
mpical aro or re 6 Stative resources that mag be recommended
by a pRvsician aro which are available without financial burden
which wunld not ep Hit"te urther phvarca rmsk to thevvsacal.
A a licant who refuses to utilize available resources without
lust cause. Pter receiving s written aeven- 0 ret c_ei shall
bedis ualiriied from receivvin assistance wt znw nave made
a good faithe ort to secure the resource.
Anv applicant who Forfeits receipt of or causes reduction in
bene 'ts m another public assistance proervn because o
Pvtlin of fraud co tted b thea Meant w thea the 60 -
days p ' r to hisa plication r assistance, is not eligible
to receive eneral assistance to replace the iorienoted assistance
for a pezuod 01ave from the data of application Por general
assistance excest Sn the case of
Ldttions.
vNotwithstandthe aspua i cation flM tlu
under this
section assistance shall beante too ere Ir iir�vi ua s
in the disqualified inalvidual's household or family.
G. Insurance. No person owning any type of insurance shall be eligi—
b7i7' Inassistance except if permitted by these Guidelines. Any
application for assistance will not be denied where insurance is
available to the applicant or his dependent on a run -contributory
basic or the extent minimum automobile liability coverage is re-
quired as a condition of employment or needed to retain employment.
H. Real Property. No person owning real property shall be eligible
for assistance except as icivaws:
a. The Public Welfare Department may provide assistance upon
receipt of the initial application to persona owning real
estate other than their Mme in cases of emergency. How-
ever, Continued eligibility for aro type of assistance will
depend upon no applicant making a reasonable effort to
dispose of such real property at a fair market value.
b. Where the applicant awns real property in which he/she makes
his/her home he/she shall be eligible to receive assistance
provided that the cost of mortgage payments, taxes, and in-
surance do ret exceed the amounts available for Musing under
these Guidelines.
C. When the City spends general assistance Panda to provide
mrorteaee payments to an ffH a t;Mn�under these avideli nes.
a ien m e pieces upon tont art for the amount o
rt ssistance given. S h ian not be claimed
anuntil the death o entof the renser pf said
property. Any rep pient receiyinE a99 tanceht a mortgage
payment will receive written nota cation o these conditions.
wIotoyme�f�t. Unless exempted herring every person receiving assistance
Nlbb s Ordinance shall actively seek and accept gainful employ-
ment. per purposes of this OrdLance ^gainful emplpymentw shell
can aro available employment within the recipient's skills and
abilities resulting in the maximum possible inceme for the reci-
pient. Such efforts shall include, but rot be limited tug regis-
tration with the Maine Employment Security Coemissiong diligent
solicitation of available job openings and making oneself available
for work at all times during the night or day. Me requirements of
this Ordinance shall also apply to every member of the recipient's
household, unless specifically exempted. The only personas who shell
be chl ge(b) persons over the agefrom this requirement ahall of 65; (c'sperrspns who bminreason
ri
of illness or disability are unable M perform any type of work; and
(d) persons whose parsons whose presence is required in the Mme
ire order M provide sere for a dependent child under the age of 6
years or for any ill or disabled member of the household.
6. 1B veazs of sea and olaer whoa reaulazly narticivati ¢
N a vocatwnal traN or ivoe cond educational
am which would assist "a fndividuSe N securing o -
MM. Any person claiming to ba exempt from seeking Or accept-
ing employment because of illness or disability may be required
by the Welfare Depar6vent to be examined by a gwllfiai physi-
cian at the Department's expense. Reimbursement for these
services shall be at current Medicaid rates.
Applipants aro recipients are icelisible for assistance for
6p dans iP they
This parean may become elieible durN¢ this period of time if he/
she becomes or otherrree eatSSYies the r uiresents of
tM1 s section for w ch salons, was dis ua i e
In no case m the r irenent to search Yor work or participate
N e woi or tra ins prorram Nter ei9 th
1) exlstN¢ gainful employ eat or pazti<ipation N a vocational
MSM or primary or sew g1ucat10NSpne pIV
v Ch cop assist the Nd aecuriK emu pv-
mey oror
2) the Ndividualis ability to Yollowwp on a bona fide
op bate
3) attendance at an interview for possible employment.
*J. Work Re uirement. All persons otherwise eligible for general
st� this ora mance may be required to perform work for
the City of Bangor as a condition of receiving such assistance. Aro
55 U
ngwork r'�{,irement shall ba subject to the provisions of 22 M.R.S.A.
W505 (5) (N)-(H)t as modified by the follewingt
1. The cork requirements of this o Jnance shall be coder the
direction of the Welfare Director, who shall be art rized
to issue such administrative directives as may be necessary
from time to time to creme the proper implementation of the
work requirement program.
2. An otherwise eligible person who refuses a suitable job
offer frau the City of Bangor under this Ordinance without
just cause shall be ineligible for general assistance tar
a period of sixty (60) days. Refusal to accept a suitable
jab offer shall include: (a) failure to report for work; (b)
leaving work without permission flan the worker's supervisor
before the work period has ended; and (n) failure to perforn
work as directed.
3. In no case shall eligible persons performing work under
this Ordinates replace regular municipal employees.
A. No person shall, as a condition of general assistance eligibility#
be required to do any ammmt of work that exceeds the value of
the net general assistance that person would otherwise receive
under municipal general assistance standards. Any person perforo-
ing work under this Ordinance shall be provided with ext general
assistance the value of which is earned at a rata of at least
the State's minimum wage. Epenses related to the work per-
formed shall be considered In determi dog 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 fallow up on a Was Me job offer; or (c) attendance at job
interviews.
6. An eligible person with an immediate need shall not be required
to perform work under this Ordinance prior to receiving general
assistance.
7. Failure of an otherwise eligible person to accept a suitable job
offer under this subsection shell not affect the general assis-
tance eligibility of any masher of the person's household who
is not capable of working, to wits (a) a dependent minor child;
(b) an elderly, ill or disabled person; and (r) a person whose
presence is required in the home in order to provide care for
a dependent child under the age of years or for any in or
disabled member of the household.
8. General assistance recipients required to perform work for the
City of Bangor under this Ordinance will complete and execute
such forme as may be required by the Welfare Director for pur-
poses of administering the work requirement program. All 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 is expected to work# the department to which he
or she is assigned, and the date, time and work location to
which he or She IS to report.
K. Utilit D ails - Rental D -alts -Back Bills. Np Welfare fords
e expo eparUsent r deposits or beck
bills. A bill will be considered current, for thirty (30) days
after the date of receipt. At the discretion of the department
She current to may be guaranteed to prevent an eviction or a
utility sbutroff.
L. Rotel Rooms. No welfare forts shall be expended for hotel rooms
where the costs exceed our rental allowance. However, an exception
would be where no shelter facilities are available.
Sec. 5.10.M Veri£iration S. It is the responsibility of the individual
requesting ass stance to provide common information to verify that
they are eligible. This verification may include but not be limited
to wake statements. receipts for household emerenituree. atm.
The caseworker may seek the facts necessary to establish eldkdb
from sources other than the applicant if the applicant has been unable
to provide n ary verification Such contacts x111 be mare only
thennlirnnt has Tenn written notice Shat i£ he/ he does
cot rnovlde the dadumenta verification wlthin one 1 weak of the
apnlicetion such contacts will be made.
N. Applicant's Own FUMs. Personal shall be usrd to meet current
expenses before requesting assistance.
Sec. 5.11 Indiency Formula - rli ibility Requirements. The laws of the State
of Maine require all munimpel2tiea to assist those persons, Other-
Ase
therwise eligible, in cases where they are in distress and in nervi of
immeliate assistance. In order to treat all applicants fairly and
equally ardoarage iMvoloua use of income, assets, and
other avallable resources, the following formula will be used by
the caseworker in considering the applicent•s eligibility.
A e maximes ampmk of general assistance available to household
(" of C.S.A.) in one month.
B a income
C m need deficit
A -H4
The available assistance computed under the indigency formula will
be applied to those areas in which the household is in cost neoi.
Such determinations will be made by menu of aclient-caseworker
conferenm during which all available alternatives and resources
will be explored.
All staMmrl of need determinations for general assistance will be
computed for a period to be determined by the caseworker.
ker. Such
certification periods may rot exceed thirty (30 For purposes
Of this fo mulat income x311 incluse all earned income plus income
from other sources less all deductions for liquid assets and liqui-
dated tangible assets. A twenty (20) percent deduction will ba made
from net earnei income in order to coamensate the applicant for work
related expectes (transportation, day care etc,), The applicant's
household income will be computoi in accordance with the fallowing
definitions and shell be conaiderus available for the week. weeks,
month or months it was intended to cover when it was received by
the applicant- proaided that such conafdeeatlon shall rot dis
any applicant who has exnauatai his er ,scone to pun ae asic a
necessities;
A. Earned Intone. Income An cash or in kind earner] by the applicant
or recipient or members of his household through wages, salary,
mmmisalons, or profit, whether self-wnployus oras An employee.
Rental ismer and profits from produce sold are this category.
With respect to self loyment, total profit is arrived at by
subtracting business expenses from gross income. When income taxes,
social security, ani other payroll deductions as required by state,
federal, or local lax, aro Accosted. Wages that are trusted, or
income similarly unavailable to the applicant or his dependents will
not be considered.
B. Income kkom Spouse - Suomrt From Relatives. If hnsbeM and wife
Eyboth employed, income actually available to the applicant or
recipient and dependents are to he inclused. Contributions from
relatives will be con idered a income only if actually received
by the applicant or recipients
C. income From Other Resistance or Social Insurance Programa. State
categorical behefiter 5SI payments, SoYSSecarity bassets, vA
benefits, Unemployment Insurance Benefits has payments from other
goveonmental or private sources will be cosidered as income unless
specifically prohibited by arty law or regulation.
Any applicart who forfeits of or muses reduction in benw-
fits from another blit a ristance am because of fraus
eeentation or a krox' ssor intentional vinlet n o ro
rules emmoitted by the Ap icant within the sixty As prier
to his/her assistance, is rot Sble to receive
neral assietanoe to rolace the or sited asap ictahCe or a
Period oP sixty tlave trot the date of a4lecatinn for general
assistance except as provided for trot awlimtio,u.
D. Court Ordered 9unmrt Payments. Alimony and child support pay-
ments x111 be considered income only if it is actually raualy
by the applicant or recipient.
E. Income from Other Sources. Income Prom env novice will be con—
sidered if it is intended for useby env member of the household.
re ated or uwelated, and is actually available W the applicant.
F. Earn of a Child. The a wings Of any Chi1tl wrier the ace oP
ht s yM 1 a fLll t' tvd t and h hot
working Hall time will not be consldarea as income under these
guidelines.
G. Retroactive Benefits. Anv Purls ieceivetl as a lump sum for re—
troactive timetits back ants insurance as
etc.
sM IN race be considered a art he houseM come
Or the purpose of cont aliAlollItY, The ampwt MCelved,
IT in excess Of 15Ga snail De d vided inso three (3) equal
parts is be included in the household income as if each third
was received on the first day of three consecutive months follow
inn such receipt.
H. Excludable Income. For purposes of this definition, relocation
payments under governmental housing programs, the bonus value
of food stamps, earnings of chfltl under age 14, and the
monetary value of products from Mme gardening shall ret be
included.
Sec. 5.11.I Potential Income. Potential income is definal as income that
W
be iaca a by the�licant if ectinn were taken to
Obtain it, e.g.{ Soc]al Security, workman 5 Compensation,
Unemployment Compensation, AFDC, 53I, etc.
Assistance shall rot be withheld PaMSng receipt of ouch e
resource es long es awiicatLon as been made or a Rood faith
effort as being made to secure such resources.
A licantwho refoxes M utilise potential resources without
t aftm receiv mitten seven 121 Lav notice, sM
oe alsp4iiiiea from receiving assistance un it then have made a
Mofaith oftbrt to secure the resource.
J. Treatment of All Other Income. The full value Of all income,
*ot a ed as earn income, whether in =or in cash, which
is actually available for use in the household will be considered
In determining need under the indigency formula.
R. A reement for Hous If an individual or family Ms provided
wing eecommotlat n to a person or family etamard general
assistance may wt duplicate this service.
L. Liviw in the Household Of Another, When an application ie
ecelved from an intl1 dol or family that is living in the
Musebold of another aaergeney assistance ma be granted with
items other than Musing costs. In order for assistance to
be granted with Musing related expenses it is necessarv�or
rtifi ate n to oe oP the anis nchwsm ic.
M. other U related Person Living in the Nome. New any other
indivabuai living in the applicant's Mti
me cerfication
most be and0 of the entire household and the income and
assets of all members of the household which ar actually
available the Applicant counted in determining eligibility.
When it can be determined by the caseworker that unrelated
individualswaiting
in the same hoe
ewes equally and a
mablicaadt, All be treated as a free standling
howeMld, a
N. El . An avolieant's eligibility will be based on
h herr total income and on the basic total raeuirements O£
his err household as established in these guidelines. More
will be w automatic eligibility. All awlicabw mwt complete
tn. rcy11=i�+v�a mesa_ To be eligible for aid under the
Department's Standard of Need Provisions, the household most
have an income at or below 864 of the 1981 Community. Service
Association (C.S.A.) Ou delines.
5.12 Basic Total fte uirenahos or Basic Maintenance Costs. A budgeted
amount for food, clothing. perso setae arca otcer family con-
sumptives. To this amount is added a housing allowance.
That following chart represents 804 of Maine's 1981 C.S.A. Guidelines:
NUMBER of PERSONS IN TO HOUSEHOID
(1) (2) ,(3) (4) (5) (6) (7)
Food $ 84 8124 $164 $204 ' $2444 5284 $324
Personal Care
clothing
Family Consumptives
Housing Limits i�2 201 m 2(2 = 'm -q.6 -aa
1981 804 of
C.S.A. Standards $23j 325 416 496 577 659 740
(8)
$364
*5.13 Amount of Assistance. The basis of eligibility for assistance From
-the Banger Welfare Deportment is that the
applicant/applicants hove a need under the Standard of Need Deficit.
Such determination shall be made by use of an igancy formol¢.
Eligibility under all ether emergency provisions shall be determined
by these regulations and the cage record shall specify the section
under which assistance is provided.
Not�oith-standing the above sections it is not intended that Bangor
Welfare program be other then to satiny the specific emergency reed
of a recipient for a specified period of time.
R- m
Assistance granted will be on the basis. Lut there is no available
Verification of income and expenditure will be required to establish
that there is no available resource and the caseworker may authorise
assistance up to the limits established under the inddgency Dbrmula
to meet the individual or MuseMld needs where its determined the
applicant or applicants are destitute.
Vouchers may be issued to purchase necessary Poed. Such vouchers
may be issued in amountnot exceed' the xaekl food allowance.
stated do these voids roes. Such vouchers ere inteMed for the
urchase of foods hi fi N nutritional value may not ins ode
dell items and soda ess specs ca y 1issou on the voucher a
candy, potato chips ana sin ar snack items, beer, wine novelty
items.
F000
Number in the Household Maximum Food order (Meekly Basis)
1 8 18.00
2 27.c0
3 36.0
4 45.00
5 54.00
6 63.0
7 72.00
B 81.00
Vouchers may be issued to purchase household and personal items
-ihcludine. but rot limited tb brooms. Soap. detergent. toilet
s er tooth arts dna sob a is era etc. Personal care item$
shell not inc ode cosmetics. The monthly allowance or ovaehold
and cerebral items shall be computed in accordance with the tallow -
ins Schedule,
HEMMED D AM PFRMNAL IT
Number in Household Maxtmum Monthly Allowance
2 $$ 12.00
3-5 $$ 100
6-10 'x20.00
In addition to food, household and personal items, medical, dental
and eye services, clothing and burial expenses may be provided if
absolutely ne S$cry. Medical, dental and eyeservices will be
provided on an emergency basis. Except in unique situations approv—
ad by the Public Welfare Director, the caseworker will not approve
dental expenses other than tooth extractions.
Me caseworker mtiv assist the applicant or recipient aM his family
in the purchase of adequate clothing. In most circumstances, cloth-
ing will be a postponable item. Exceptions to this maxim my cries
in the avant that school clothes are needed in the fall; where fire
r other crisis has destroyed the applicant or recipient's clothing,
where unusually cold weather makes extra clothing an imnediate
necessity; or if special clothes are needed for the applicant's
employment. Before assistance will be made for clothing, the case-
worker must be satisfied that "a applicant has taken maximi
advantage of all church and civic organizations or other resources
in the community that make low cost or free clothing available.
Hous' It is the individual client's responsibility to fLW ads -
q being. except in cases of emergency, when the caseworker
may help arrange temporary shelter.
Me Welfare Departnent will net become involved in the landlord/
tenant or mortgagee relationship. Me recipient should be advised
M obtain Musing that will be within his/her ability to pay before
further Musing assistance will be rendered.
When the caseworker detemnines that it will be necessary to give
funds to meet any or all of a client's Musing paymentt the amount
will be actual rent mortgage paid by the client, if the amount to be
paid is reasonable ami in accordance with limitations set in these
guidelines.
Viso necessary assistance may also be given with utilities and heat-
ing fuel. Heating fuel will not be conaidered a obsess an expenditure
11om Mev 15th M October 1st, cent in cases ' uum aye ere
weather or xhan the cilent s� M�i6 hWtea ofd tale rurnac¢
$.14 Assistance Cate rtes. More are two (2) catezories of assistance
vhiU ere edminlatered by the armor NBA elm mend
General Assistance Prozram� t of Need De its aSaetlon 5.14 A
aM NbergenN assistance k5eCtnin .t4 Ry_
A. Standard f Need Deficit. This is the only category in which
n�ecto�order he receive assistance under this
section the anolicamt must be maintainine their own household._
have a need dehcat uMar the =i.gency fomula. and satisfy
all other eligibility rules and reguietaxis set wrin an irises
Guidelines.
Applications for assistance under this section must be processed
within 24 hours of the date of application. Decisions shall be
comnunlcatei Sn writing setting lbrth the reason In
th
forais e
rbeecIf the fl licais e i le assistance shall
be ms a with bases of the sets oi concussion oi nne
application,
B. Mer�enc Shelter. The Bangor Welfare Department is authorized
to prov�da temporary shelter for persons who, by reason of
special emergency, are stranded, homeless or victims of family
violence. The le h of time authorized in a shelters e
net exceed thirty W days. An 'sxtensio may be granted if
ll
circumstances warrant. SucM1 aacumstance may include. but shall
not be limited to, delay in application for categorical assis,
tance.
loss
or delay oT monthly Dena,
check. eta._ Individuals
will be eligible for adm sign to shelter once in any twelve t 121
months. Exceptions to this role may be msda where verifiable
1;oumstancas Warrant.
In determining eligibility for this service priority will be given
Hanger residents. Individuala and families who by definition
(See M IMSA, Section ) are residents of another municipality
may be admitted to the Shelter.However, such admissions may
only be granted in these situations where the authorized repre—
sentatives of the other municipality agree to pay for the actual
costs of welfare to be provided by the Welfare Department, plus a
daily fee based upon a rate established by the Welfare Department
per occupancy in the shelter.
C. Transients. Individuals who Call into distress within the City of
B�le treveTi—�my be granted temporary assistance with food
and shelter, either through the Welfare Department or by referral
to a private agency.
D. Traunortation. Assistance ma be anted to s transient or strand—
ed individual who a ar shes to return to Cale ex point Of
77VE or who wishes to re tate in another em
E. Catastro s. Individuals placed in need of immediate assistance
thio unaorseea�cumstences Such as, fires, floods, and
hurricanes, may receive emergency assistance to meet their L ed—
late needs. Such assistance will only be in the form of food
and Shelter.
F. Emergency Hospitalization. At times it ma become necesse for
the Ben r Welfare De artment to assume rem ns b it for hos ital
Goats for eligible persons. in briar por soon assistance mo ne
granted it will be n ssarv:
1. For an application to be completed by the applicant or his/her
d�authOrized xepreaentativa:
2. For tM1a hosnital to notify t e Director by telephone. confirr
ed by certified mail, within three (3T business days of the
applicant -s admission;
3. For the hospital to veri in writ' tbat all Hill—Button
and or other endowment funds designated r the care or
poor have been exhausted.
All services rendered must be itemized and will be reimbursed at
current Aeiicald rates.
G. Excessive Income. For various reasons, it might be necessary
to assist a person or family even though their monthly income
is in excess of total requirements. Reasons for this might in—
clude loss of a cheek, delay in mall of receiving a check or the
pranced may have spent all their income, placing themselves or
their family in immediate need. In these situations, either
basic necessities, or food aro shelter may be provided. However,
before Emergency Assistance Is given to persons having excessive
income, they must agree to reimburse the city for assistance
rendered.
H. Mine pildrea. At times it might be necessary for the 'Welfare
DeparEmant to ss�tminor nhlldren whose needs are nnat being
met due to parental neglect or misuse of household income.
Reasons for this might include, but shall not be limited ton
1. Disqualification of the head of the household for quilting
employment, failing to registeroror employment or refusing
to certicivete in the workfare oroeram:
2. FA11ure of a responsible relative to provide necessary
support.
I. Excessive Assets. An individual or family may be assisted even
though they have excessive assets if immediate need can be esta—
lished. Cont' assistance viii be cont ant n the
11
cant MU9a wood faith effort W convert the assets into ava11—
able ab e iumas to o flet any assistance that might be n ssarv.
T. curial. The 'Welfare Department shall provide for proper burial
of indigent persons providing that the total burial seats do not
exceed $650 and it is determined that the burial costs cannot
be paid in total, or in 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 coats. The allowance for burials
under these guidelines shall include the undertaker's services,
clergy, personal attendants, casket, vault box, liner, hearse
Department s1call net pay for bursa s -in lots outside of the
or for single size lots. However, any person qualifying for
the City for each purposes.
K. Emergency Assistance to a Disabled Adult. Emergency assistance
may be pexvided to these s' a adults who are in need due to
physical aro or s clolo'c disability. A person shall be
considered disabled if he she is curable to engage in any sub—
stantial, @@ainfbl activity, due to a medically verifiable Pt*—
sical aro/or mvchological impairment.
Any Person who has refused msiim and/or rehabilitative resources
recommended by a Ohvsician �ahich are available without financial
bunien aM which would not constitute further Paysicui risx to the
inlividuel will not be consider eldCible under this section.
L. Ovea+-Su lementatinn oY 1bta1 Re uirements. Fbr various reasons,
it might b0 necessary to ae3 t an ual or family in excess
O4 the neetl OI deficit ro uteri formula. Such
ssistance will ba anted a� r ood el eazW household
Items. 4fien a Client is Over -w meMei. he mhe a nuan
at n no
M. shat
Mee
nses. Under this section assistance that is
absolute necessary and cannot be obtained from any other source
may be provided. Assistance granted user this section shall net
exomed amounts listed in the basic total requirdnant charts.
Assistancebe provided to parts of a household under this
section. dM no circumstances will assistance be granted to
parts of a household residing with a respo TTe relative who
has sufficient ability to support.
5.15.1 veht to Review. A" aPPUM2t/recipient "Ordered by a decision, act.
falluie to act or delay m action concarnina hie her
application for ¢coeval esaistanes under these CufdefLOM an' 11 have the
r ht to an eel. If a eraon�s a licatioa has been approved there
ll be an revocation of eneral ase stance durin the rind o en-
titlement nntdl flat applicant recipdert has been Provided rotice son
an opportunity for hearfV.
5.15.2 Method of Obtainim Review.
A. To initiate the review process the claimant need only make a clear
expression to the caseworker within five (5) working days after notice
of the caseworker's decision on the application that he/she is dissatis-
fied with the decision and desires a review by the Welfare Director.
present their positions an the Case. The review will be coodaated in-
formally in a meaner respectful of the rights and dignity of all involve[
Witnesses ma be .xted and evidence dented. Within two (2) woxking-
ing days o such a review the Director a 1 infom the caseworkar and
claimant of hislber decision in writ'sr��$g The Director's decision shall
m
be limited to a deteimtion as to (1) whether the caseworker's da-
ainion has been made in accordance with these guidelines and pertinent
state statutes; (2) whether the claimant may receive emargenoy assis-
tance as provided in theseguidelines. At re time will the Director
enchant a review oY do which he she was ieaponsible for the
disputed
B. Any alsiment who believes that proper consideration has not been
given to all cirmen tances surrounding his/her desire for assistance
by the Welfare Director pursuant to Subsection A may seek DYther re-
view by the three (3) member amenities of the Bangor City Coonan
established for each purposes. To obtain a review by the Countil
Committee, the claimant will reed only make a written request to the
Welfare Director within five (5) days after notice of the ➢ardor's
decision that he/she in diseatiefiei with the decision and desires a
review of the same by the Conrail Consittee. Such a request should
include:
1. The decision on which review is sought;
2. The reasons for the claimant's dissatisfaction and
the circumstances he/she believes entitle him/har
to a different decision;
3. The relief the clelment seeks.
The Welfare Director cannot deny or dismiss a request for a hearing
before the Council Committee Unless it has been expressly withdrawn
by the claimant:
1. news a written expression of withdrawal;
2. Abandons the reqaest (ex. fails to submit a written
request, fails to appear at hearing.).
Upon receipt of the request the Director shall arrange for the review
to take place with seven (7) workixg days, taking into olmidaratinn
the convenience and needs of ell concerned. The Director will inform
the claineat of the review procedure, together with the date, time
and place of the proceeding.
Ch. II; Art. 21
Sec. 5 - 5.15.3
All reviews by the Council Committee will be comlucted in accorlaoce with the
followings
1. The proceeding wlll be conducted privately and open only to:
a. the claimant: witneases and legal counsel.
b. the Public Welfare Director awd hislher caseworkers, the City
Manager, witnesses, member of the City Council, other than
Committee members: sed legal counsel.
2. The proceeding will be conductei infernally, without teebnital rules of
evldemcsr but subject to the requirements of due process.
3. The review will be opened with a presentation of issues by the Committee
Chairman.
4. After the presentation of issues the claimant shell present his/her
position with the aid of legal counsel, and or witnesses.
5. The Public Welfare Director ander Usher caseworkers shall then present
the position of the Welfare Department with the aid of legal counselor
witnesses.
6. All participants shall be given an opportunity to:
a. Present oral or writtea testimony or documentary evIdamce;
b. Offer rebuttal;
c. Question witnesses on matters germane to the issue at hand;
d. gxanine'all evidence presorted at the hearing.
7. The Committee's decision shall be determined solely upon the evidence
presented by all parties at the proceeiing. Said decision shell be in
accordance with these Guidelines and the State Statute relating to grant-
ing of general assistance.
Upon comgalation of the proceeding the comittee shall within five (5)
days, prepare a written notice of its decision which will contain the
following information:
1. A statement of the issue (s);
2. Relevant evidence presented by say participant at the proceeding;
3. Pertinent provisions of the general law and these Guidelines re-
lating to the Committee's decision;
A. The Cumdttee's aecisim And the reaeortv far it.
Oopies of the notice of decision will be provided forthwith to the
clainant: the hearing record and the case record maintained by the
Public Welfare Director. The notice shall also statethat if the
claimant is dissatisfied with the Committee's decisionr he may seek
Judicial review ender Rule 8CBm Maine Raise of Oivill. Procedure. To
obtain such review he must bring his action in most circumstances
within thirty (30) days of receipt of the Comittee's decision.
(94 of Fausar, +rAAlahw
LEGAL DEPARTMENT
Rodoem E. Miller
City Solicitor
Darr Sept. 12, 1983
We recommend the following amendments be made to the
above indicated Council Ordinance for purposes of clarification
and conformity with the new general assistance enabling
legislation:
[1) That Article 21, Section 5, first paragraph, be
amended in the last sentence to read as follows:
"Applications will be accepted during
regular business hours from anyone .
[2) That Article 21, Section 5.1(d), last phrase of
the definition of "basic necessities' be amended to read as follows:
and any other commodity or service or eammad:eiea
determined essential by the Director of
Public Welfare."
[3) That Article 21, Section 5.1(p) be amended to
read as follows: -
"Just cause"
for failure to meet work
requirementsorthe use o potential -resources
shall be ..., _
In addition, the following should be added at the end
of the proposed Section 5.1(p):
"In all other in atances,,'just cause' means
a.Vali, 9exixa 'e TEa90n a s -an
n ry
'con itions or 'e rgl r r y.
[4] That Article 21, Section 5.4.2(i) be deleted in
its entirety and the following 'substituted therefor
"The Citv of Bangor's rights and remedies
for the iefmbux Ent from the applicant"s relatives
pursuant to 22 M.R.S.A. 54319."
[51 That Article 21, Section 5.4.2(1) be deleted
n its entirety and the following substituted therefor:
"The applicant a.persona1 responsibilities
fox e m ursement to t e city Or Bangor under - -
11 M .B. .
[61 That the third paragraph of Article 21, Section
5.10(8) be amended by deleting the words "of origin" from the end
thereof and substituting the following therefor
'where the applicant was a resident.
Immediately prior entering t e mstrtution."
[71 That the statutory citation in Article 21, Section
5.10 �J) bgg changed from "22 M.R.S.A. R 4505(5)(A) -(H)" to "22
M.R.S.A. g4316(4)."
[81 That Article 21, Section 5.10(N) be amended to
read as follows: -
"Personal financial resources shall be
used to meet current expenses before requesting
assistance."
[91 That the last paragraph of Section 5.14(8) be
amended by inserting "4307" in the blank space contained therein.
1101 That Council Ordinance t83-285 be amended by
adding the following thereto:
and be it further ordained by the city Council
e i y o Bangor
THAT this ordinance shall become effective o
September
In addition, there is a.potential problem with the
appeals procedure as set forth in Article 21, Section 5.15, we
intend to meet with the Council welfare Committee in the near
m
future and will present some amendments for consideration at
your next Council Meeting. -'
R.E.M.
to
T.A.R.
cc: Mary -Anne Chalila
Ch. D; Art. 21
Sec. 1 - Sec. 3(3.2)
CHAPTER II
ARTICLE 21 - PUBLIC HEALTH S WELFARE DEPARTMENT
*Sec. 1 Public Health S Welfare Department Created. In accordance with Article
V, Section 2(a) of the City
Charter, there Is hereby established a Public Health 6 Welfare Depart-
ment. Said department shall be composed of two (2) divisions to be known
as the Public Health Division and the Public Welfare Division.
*See. 2 Director of Public Health E Welfare. There is hereby authorized and
established the position of Director
of Public Health 6 Welfare. The Director of Public Health 5 Welfare shall
supervise the entire operation of the Public Health 6 Welfare Department.
This position shall be included In the Personnel Classification and Comp-
ensation Plan for the City of Bangor. The Director shall be appointed by
the City Manager on the basis of merit and fitness alone, subject to'con-
firmation of the City Council. The Director shall make a monthly report
to the City Manager as to the business of his/her department during the
preceding month, shall perform the duties of the Director of Public Welfare
as prescribed under this Ordinance, and shall perform such other duties
as may be required by the City Manager or the City Council from time to
time.
*Sac. 3 Public Health Division
3.1 functions d Dales f the Public Health Division. It shall be
the functions
and duties of this Division:
3.1.1 City Dental Chum. To maintain and operate the City Dental
Clinic.
3.1.2 Health Education. To establish and conduct a public health
education program.
3.1.3 Enforcement. To enforce all laws relating to public health,
as may otherwise be Provided by ordimnce or
statute.
3.1.4 Other Functions. To perform such other functions and duties
as may be assigned to the Department by
the City Manager or the City Council from time to time.
3.2 Health Officer. There is hereby authorised and established the
position of Health Officer whose responsibility
ahall Include the supervision of the Public Health Nursing Division.
This position shall be included in the Personnel Classification and
Compensation Plan for the City of Bangor. The Health Officer shall
be appointed by the City Manager on the basis of merit end fitness
alone, subject to confirmation by the City Council. The Health
Officer shall have all powers and authority provided by State laws
and City Ordinances relating to his/her position. The Health Officer
shall make a monthly report to the Director of Public Health A We fare
and perform such other duties as may be prescribed by the City
Manager, Director of Public Health 5 Welfare or the City Council
from time to time.
*Amended April 23, 1984 - Effective May 3, 1984 - C.O. 84-122
Ch. II; Art. 21
Sec. 3(3.3) -Sec. 4N. 2)
3.3 Dental Health Advtaory Commits There shall be a seven (7)
member committee appointed
by the City Council for purposes of providing advice to the Director
of Public Health & Welfare, City Manager and City Council on
matters concerning the operation of the City Dental Clinic. Three
(3) of the members shall be practicing dentists and four (4) shall
be members of the public at large. All members shall serve until
their successors are appointed. All persons serving on the Dental
Health Advisory Committee on the date this Ordinance goes into
effect shall serve for the remainder of their terms. Thereafter,
members of the committee shall be appointed annually to serve a
term of three (3) years. Any vacancy on the committee shall be
filled by appointment by the City Council for the remainder of the
term. No person appointed to the committee shall serve more than
two (2) complete consecutive terms. The Director of Public Health
& Welfare shall serve as an ex -officio member. A secretary shall
be appointed and shall prepare such minutes and records of meetings
as the committee shall require.
3.4 Public Health Advisory Committee. There shall be a seven (7) member
for purposes
appointed by the City
Council E
purposes of providing advice to the Director of Public
Health & Welfare, City Manager and City Council on matters in-
volving the public healthram of the City. Two (2) of the members
shall be Doctors. One (1 member shall be a registered nurse. One
(1) member shall be a registered pharmacist. Three (3) members
shall be members of the public at large. All members shall serve
until their successors are appointed. Of the first appointed, three
(3) members shall have terms expiring on December 31, 1984; three
(3) members shall have terms expiring on December 31, 1985; and
one (1) member shall have a term expiring on December 31, 1986.
Thereafter, each member shall be appointed to serve a term of three
(3) years. Any vacancy on the committee shall be filled by appoint-
ment of the City Council for the remainder of the unexpired term.
The Director of Public Health & Welfare shall serve as an ex -officio
member. A secretary shall be appointed and shall prepare such
minutes and records of meetings as the committee shall require.
*Sec. 4 Public Welfare Division.
4.1 Functions and Duties of the Public Welfare Division. It shall bas
the functions
and duties of this Division:
4.1.1 General Assistance To render general assistance to all
eligible applicants in accordance with
all applicable ordinances and statutes.
4. 1. 2 Other Functions and Duties. To perform such other functions
and duties as may be assigned
by the City Manager or the City Council from time to time.
4.2 Director of Public Welfare. There is hereby authorized and estab-
lished the position of Director of
Public Welfare whose responsibilities shall Include the super -
*Amended April 23, 1984 - Effective May 3, 1984 - C.O. 84-127
Ch. H; Art, 21
Sec. 4(4.2) - Sec. 5
vision of the Public Welfare Division. The Director of Public
Welfare Division. The Director of Public Welfare shall have all
powers and authority provided by State laws and City Ordinances
relating to his/her position. The Director of Public Welfare shall
make a monthly report to the City Manager and perform such other
duties as may be prescribed by the City Manager or the City Council
from time to time.
Sec. 5 Declaration of Polity. The City of Bangor shall administer a program of
general assistance available to all persons who
are qualified to receive general assistance In accordance with the stan-
dards of eligibility as set forth herein. Applications will be accepted
during regular business hours from anyone who expresses a desire to re-
ceive assistance and relief will be furnished to those who qualify within
24 hours of the date of the submission of the application.
Assistance In the City of Bangor will be provided for certification periotls
not to exceed one month. In order to be eligible for assistance the
applicant must meat all eligibility requirements of these guidelines.
Eligibility for assistance will be redetermined In accordance with Section
5-9 of these guidelines. it Is the policy of the department not to make
grants of cash directly to the recipients.
Every effort will be made by employees of the Welfare Department to re-
cognize and encourage dignity, self-respect, and self-reliance on the
part of the clients. One of the goals of the general assistance program
will be to assist each applicant to achieve self -maintenance and adequate
social function. The incentive to work will be encouraged. An important
focus of the general assistance program will be the preservation and
strengthening of the family unit In order to secure the rights of all children
to a sound and healthy environment conducive to normal development.
The general assistance program will place no restriction on the Individual
rights of any applicant, nor will there be any discrimination based upon
race, sex, religion, and political affiliation. The Public Welfare Depart-
ment will take all reasonable steps to ensure that each client is made aware
of his/her rights and responsibilities under the general assistance program.
Each applicant will be evaluated Individually with fair and equal treatment
being guaranteed to all applicants. Any applicant shall have the right to
request a "Pair Hearing" of any decision concerning his/her right to assist-
ance in accordance with these guidelines and 22 MRSA a 4322.
As far as reasonably possible decisions on all applications for assistance
will be made at the time of application. Complete records will be main-
tained and all information given by clients must be recognized as privileged
and confidential. All decisions concerning an applicant's right to assist-
ance will be given in writing stating the reasons why assistance was
granted or denied.
A notice will be posted In the Welfare Office stating the hours and days
that general assistance will be administered. An updated copy of these
guidelines will be maintained in the Welfare Office for easy access to any
member of the public.
A copy of these guidelines together with^a copy of all application forms
and notices shall be on file with the Commissioner of Human Services.
Arty amendment or modification of these guidelines shall be submitted to
the Commissioner for comment and filing.
Ch. II; Art. 21
Sec. 5(5.1) (A. -K.)
5.1 Definitions. Unless otherwise defined, all terms used herein will
have their common meaning. Words and phrases having
special definitions will he h5nsi when they first appear in the Guide-
lines, except as follows
A. Applicant. A person who has expressed by means of a written
application form, either directly or through an
authorized representative, a desire to receive general assistance.
B. Application. An action by which a person indicates In writing
to the Public Welfare Department his/her desire
to receive general assistance.
C. Application Form. A document in a form prescribed by the
Director of Public Welfare formalizing in
writing the applicant's desire to receive general assistance.
D., Basic Necessities. "Basic necessities" means food, clothing
shelter, fuel, electricity, nonelective
medical services recommended by a physician, telephone where
It is necessary for medical reasons, and any other commodity or
service determined essential by the Director of Public
Welfare.
E. Case Records. Official files of forms, correspondence, and
narrative records pertaining to the application,
determination of eligibility, reasons for decisions and actions
by the caseworker or the Director of Public Welfare, and kinds
of assistance given each applicant.
F. Claimant. Any applicant or recipient who has requested a
fair hearing.
G. Destitute. In distress and standing in need of immediate relief.
H. Director of Public Welfare. The municipal official designated to
receive applications, make decisions
concerning client's right to assistance, and to prepare records
and communications concerning granting of assistance. The
Director of Public Welfare may delegate such tasks to other
employees of the Welfare Department (caseworkers).
I. Disabled Persons. A person whereby reason of any incapacity
of a physical or mental nature verifiable by
objective medical evidence Is therefore unable to work or main-
tain a home.
IDwelling Unit. "Dwelling unit" means a building or part thereof
used for separate living quarters for one or more
persons living as a single housekeeping unit.
K. Emergency. "Emergency" means any life threatening situation
or a situation beyond the control of the individual
which, if not alleviated immediately, could reasonably be ex-
pected to pose a threat to the health or safety of a person.
Ch. II; Art. 21
Sec.
L. Emergency Assistance. Means a temporary Immediate need of
assistance to persons who are unable
to provide or obtain the basic necessities essential to maintain
themselves Or their family from any other source.
M. General Assistance Program. "General assistance program--
means
rogram"means a service administered by a
municipality for the Immediate aid of persons who are unable to
provide the basic necessities essential to maintain themselves
or their families.
N. Household. "Household" means an economic unit composed of
a group of iMlviduals legally obligated for the
support of each other; or group of unrelated individuals who
customarily share a dwelling unit, pool income, or share ex-
penses in common.
O. Income. Any form of Income In cash or in kind received by the
household Including net renumeration for services per-
formed, any payments received as an annuity, retirement o
disability benefits, veterans pensions, workers' compensation,
unemployment benefits, benefits under any state or federal
categorical assistance program, SSI, SS 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 from any other
source, Including relatives or unrelated household members.
P. just Cause. 'Just cause" for failure to meet work requirements
or the use of potential resources shall be found
when there is reasonable and verifiable evidence of:
1. physical or mental illness or disability;
2. below minimum wages;
3, sexual harassment;
4, physical or mental inability to perform required job tasks;
S. inability to work required hours or to meet piece work
standards;
6. lack of transportation to and from work or training;
7. inability to arrange for necessary child cam. or care of
ill or disabled family member;
S. any reason found to be good cause by the Employment
Security commission;
9. any other evidence which is reasonable and appropriate.
In all other instances 'just cause' means a valid, verifiable
reason that hinders an individual in complying with one or
more conditions of eligibility.
Q. Minor Chltd. Any person who has not attained the age of 18
years.
R. Municipality of Responsibility. "Municipffi1ty of responsibility"
means the municipa Hty which
is liable for the support of any eligible person at the time of
application.
S. Need. "Need" means the condition whereby a person has in-
sufficient income, money, property, credit, assets or
other means available to provide basic necessities for the
individual and the individual's family.
Ch. 11; Art. 21
Sec. 5(5.1-5.2)
T. Notice. Notice shall constitute that relief shall be furnished
or denied within 24 hours of the submission of an
applicant's benefit request.
U. Real Estate. "Real Estate" means any land, buildings, homes,
mobile homes and any other things affixed to
that land.
V. Recipient. A recipient is a person who has been found eligible
to receive General Assistance under these guide-
lines by the Director of Public Welfare or his/her authorized
assistant.
W. Resident. A "resident" is a person who has moved into a
municipality with the intention of remaining In that
municipality and establishing a household.
X. Rooming House. 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.
Y. Standard of Need. The stipulated total needs of a family
determined by the fndigency formula which
when unsatisfied by relevant resources make the person or
family "needy" for General Assistance purposes.
Z. Student. Any Individual over the age of 18 years who is
currently enrolled in a post secondary educational or
training program not specifically designed to assist him/her
In securing employment during regular business hours and by
virtue of this fact is unavailable for full time employment
during these hours.
as. Unemployable. An Individual who, through no fault of his/her
own, has over period of time demonstrated an
Inability to secure or retain gainful employment in spite of
continued diligent attempts and repeated efforts at training and
retraining may be considered unemployable.
5.2 Confidentiality of Information. Under 22 MRSA ®4306, records,
Papers, files and communications
relating to an applicant or recipient of general assistance are
confidential and no Information relating to an applicant or recipient
of general assistance may be disclosed to the general public,
unless expressly permitted by that applicant or recipient.
Information supplied to the municipality by the State Department of
Human Services, under 22 MRSA s4314. 1, concerning recipients
of categorical assistance, is to be held confidential by the munici-
pality. Misuse of information whether in State or municipal records,
concerning public assistance clients is punishable by law as a mis-
demeanor (22 MESA 6 42 ). The Welfare Director should also be
aware of laws concerning the confidentiality of records concerning
narcotics prescriptions (22 MRSA 623)4) and records concerning birth,
marriage, and death (22 MRSA ®2106).
Ch. 11, Art. 21
Sec. 5(5.3)-(5.9)(5.4.1)
5.3 MaImenance of Records. The Welfare Department 1s req ounce by
statute to %cap complete records of
general assistance granted in the City of Bangor. In addition to
general statistical records concerning the number of persons given
assistance and the cost for such support, a separate case record
Is established for each Individual or household applying for
general assistance.
The purpose for keeping complete records of general assistance is
three -fold:
a, to provide a valid basis of accounting for expenditure of
municipal funds;
b, to support decisions concerning the applicant's
eligibility;,
c. to assure availability of information if a client seeks
administrative or judicial review of the caseworker's
decision.
When verification of circumstances affecting eligibility is needed,
information recorded will be limited to what is necessary to insure
validity of the decision concerning assistance. Although narrative
recording may be helpful to reflect the unique circumstances of each
client, the record should include only enough material to cover
adequately the particular situation giving rise to the narrative
entry.
Minimum information to be maintained In case records by the case-
worker is the following:
d. completed application for assistance;
e. .grounds for approval or denial of application;
I. a narrative social history recording the need for
assistance, the results of home visits, collateral
information, referrals, changes in status, etc.;
g. complete data concerning the type and amount of
assistance granted;
In. a copy of the "Notification of Eligibility" form.
5.4 Applications - Procedure. Any person who makes an application for
assistance and who has not applied for
assistance during the previous six (6) months, shall have his/her
eligibility determined solely on the basis of need. All subsequent
applications within six (6) months shall be considered in accordance
with these guidelines.
5.4.1 Right to Apply. Any person has the right to apply for general
assistance. An individual may do so by
appearing in person before a caseworker and expressing a
desire to receive general assistance and by completing a
written application and other forms as may be required by
Ch. 11; An. 21
Sec. 5 (5.4.1)- (5.4.2) (h.)
the Public Welfare Director. If an individual is incapacitated,
application may be made through a duly authorized representative.
In any case when an applicant is unable, due to illness, disability,
lack of transportation, lack of child care or other good cause, to
apply In person for assistance or nable to appoint a duly
authorized representative, the caseworker shall accept an
application by telephone subject to verification by mail and a visit
to the applicant's home with the consent of the applicant. If the
applicant fails to give such consent, assistance will be denied.
5.4.2 Caseworker's Responsibilties at Time of Arnlication. When
appli-
cation is made for general assistance, the caseworker shall
inform the applicant of;
a. The Standards of eligibility for general assistance in
the City of Bangor;
b. The applicant's right to review add the nature of the
review process;
C. The applicant's responsibility for reporting all facts
material to a proper determination of eligibility and
the penalties for false representation. It will be im-
pressed upon the applicant that it is unlawful for any
applicant or recipient to knowingly and willfully make
a false written representation to the caseworker in order
to receive general assistance (See 22 MRSA §4315) and
that such false representation Is a Class E crime and may,
upon written notice, result in a sixty (60) day disgual-
ification;
d. The joint responsibility of the caseworker and the
applicant for exploring facts concerning eligibility,
need and resources, and the applicant's responsibility
for presenting records or documents in his/her possession
or readily available to him/her to support his/her state-
ments;
e. The kinds of verification needed;
f. The fact that an investigation will be undertaken by
the Welfare Department as to the applicant's income,
resources, and assets. That such an investigation may
include an announced home visit made during regular
working hours;
g. The applicant's responsibilities for notifying the case-
worker of any change in circumstances that will affect
his/her eligibility;
h. Any other programs of assistance or serviceof which the
caseworker may be aware or which the applicant may avail
himself/herself In addition to or In lieu of receiving
general assistance;
Ch. I1; Art. 21
Sec. 5 (5.4.2) (1. )- (5.4.4) (a)
I. The City of Bangor's rights and remedies for the
reimbursement from the applicant's relatives pursuant
to MRSA ®4319.
). The applicant's personal responsibilities for reimburse-
ment to the City of Bangor under 22 MRSA §4318.
5.4.3. £mergeno9 Benefits Prior to Full Verification. Whenever an
applicant for
general assistance states to the caseworker that he/she is
in need of immediate assistance to meet basic necessities
the caseworker shall, pending verification, issue to the
applicant, within 24 hours of the application, sufficient
benefits to provide the basic necessities needed immediately
by the applicant, provided that the following conditions are
met.
I. Probability of eligibility for assistance after full
verification. As a result of the initial interview with
the applicant, the caseworker shall have determined
that the applicant will probably be eligible for assistance
after full verification is completed.
2. Documentation. Where possible, the applicant shall
submit to the caseworker at the time of the initial in-
terview, adequate documentation to verify that there is
a need for Immediate assistance.
3. Information obtained. When adequate documentation is
not available at the time of the Initial application, the
caseworker may contact at least one other person for
the purpose of obtaining information to confirm the
applicant's statements about his/her need for immediate
assistance.
4. Limitations. In no case:
A. May the authorization of benefits under this
exceed thirty (30) days; -
B. May there be further authorization of benefits to
the applicant until there has been full verification
cord trming the applicant's allgibllity.
5.4.4 Temporary Refusal to Accept Application. Under special
circumstances the
Department may refuse to accept applications. Such cir-
cumstances shall include, but are not limited to, the
following:
a. Cases where the applicant's conduct is abusive and
disruptive or in cases where the applicant is under the
influence of alcohol or drugs. The applicant may be
required to leave. If he or she refuses to leave, the
police may be summoned. The applicant will be Informed
that an application will be taken when the particular cir-
cumstances are no longer present.
Ch. It; Art. 21
Sec. 5(5.4.4)(6)-(5,e)(d)
b. Cases where a third person desired to make application
for assistance on behalf of the applicant. The person
will be requested to provide written verification that
they have been authorized to act as representative for
the applicant.
5.5 Responsibilities of Each Applicant and Recipient. Each applicant
and recipient has
a responsibility at the time of application and continuing thereafter;
5. to provide accurate, complete and current information concerning
his/her needs, resources and assets, and the whereabouts and
circumstances of responsible relatives. Assistance may be
denied or terminated if the applicant/recipient is unwilling to
supply the necessary information or permission to make collateral
contacts;
b. to notify the caseworker when a change in his/her needs,
resources and assets will affect eligibility for general
assistance;
c. to apply for and utilize any other available benefits or resources
that will reduce or eliminate the need for general assistance.
d, to reimburse the City for the costs of assistance granted In
the event he/she becomes of sufficient ability to pay the
same;
e, to use all monies available to him/her for necessities first
before requesting general assistance or purchasing luxury Items.
5.6 Recognition of Dignity and Rights. Any initial interview or any later
proceedings, including any
Investigation of the applicant's eligibility, shall be conducted in
a manner that will not violate the privacy, personal dignity or
individual rights of either the caseworker or the client and/or his
family and Personal acquaintances.
5.7 Actions on Application. Unless an application is withdrawn, the
caseworker must make a decision concerning
the applicant's eligibility and if eligible commence furnishing relief
within twenty-four (24) hours after the date of submission of signed
and completed application together with all other forms required by
the Public Welfare Director.
5.0 Withdrawal. An application is considered withdrawn if:
a. the caseworker is unable to complete the interview, i.e., if
the applicant refuses to cooperate with the caseworker; or
b. the applicant dies before general assistance is furnished; or
C. the applicant avails himself of another service which makes
him Ineligible under these Guidelines; ory
d. the applicant requests, In writing, that his application be
withdrawn; or
Ch. 11; Art. 21
Sec. 50.8)(e) -(5.10)(B)
V e. the applicant falls to complete or sign the application or
any other form required by the Public Welfare Director.
5.9 Redetermination of Ellalb111ty. The application form will show the
duration of the limited periods of
entitlement. Written notice of termination or suspension of benefits
with opportunity for hearing will be given should a decision be made
to discontinue assistance during this limited period of entitlement.
If a hearing is requested within the established time limit, assistance
will continue pending a decision from the hearing authority. At no
time will such an extenslon of benefits outlast the original certifica-
tion period.
5.10 Eligibility Rules and Regulations. The following mea sure are to
be employed by the caseworker
upon receipt of the written application In determining eligibility
to receive assistance from the City of Bangor.
A. Age. Age shall be a factor in determining eligibility for general
assistance. No person under the age of eighteen (18)
is eligible unless:
a. emancipated by marriage; or
b. emancipated by the death of both parents and ineligible
for foster care; or
c. he/she is a member of household otherwlae qualified
under these guidelines.
B. Residence. Residence is a factor In determining whether the
City of Bangor is responsible for providing assistance
to an Individual. The city has a statutory duty to give assistance
to residents (see definition) of the city who are in need.
Assistance will be given to eligible persona who apply for
assistance and who are neither residents of the city nor of any
other municipality.
When the City of Bangor assists a recipient to relocate, at the
recipient's request, in another municipality the city will con-
tinue to be responsible for the support of said recipient for
thirty (30) days after relocation.
An applicant who is in a group home, shelter, rehabilitation
center, nursing home, hospital or other Institution at the time
of application and who has either been in that institution for
six (6) months or lase or has a residence which he/she has
maintained and to which he/she Intends to return shall remain
the responsibility of the municipality where the applicant was
a resident immediately prior to entering the institution.
If a resident of another municipality falls into distress in the
City of Bangor emergency assistance may be given to that
individual on behalf of the responsible municipality provided
that the administration in that municipality had given prior
approval and has agreed to reimburse the City of Bangor for the
assistance provided.
Ch. II; AM. 21
Sec. 5(5.10)(C) -(F)
C. Idguid Assets. No person owning assets easily convertible
into cash including, but not limited to bank
deposits, stocks, bonds, certificates of deposit, or other
marketable security, or life insurance with a cash surrender
value, will be eligible for assistance. in those cases where
the need for relief is determined to exceed the cash value of
such liquid assets assistance may be granted for any remaining
difference.
D. Tangible Assets. No person owning tangible assets other than
tools of trade or ordinary household goods
which are easily converted into cash including, but not limited
to color television, recreation vehicles, motorcycles, boats,
motors, or motor vehicles within the limitations provided in
Subsection (a) below shall be eligible for assistance.
a. No person owning a motor vehicle shall be eligible for
assistance. However, the ownership of one vehicle under
the value of $1, 000.00 by an applicant or a dependent will
not make the applicant Ineligible for assistance in those
situations where the vehicle is essential in ones employment
or necessary to obtain medical treatment.
b. An applicant or recipient is allowed personal property not
Immediately convertible to cash with equity value not in
excess of $500.00. An applicant or recipient with one or
more dependents is allowed personal property not Immediately
convertible to cash with equity value not in excess of
$1,000.00.
E. Citizenship. A person must be a citizen of the United States
or a lawfully admitted alien to be eligible for
assistance. Applicants who are neither citizens nor lawfully
admitted aliens will be referred to the United States Department
of Immigration for appropriate action,
F. Other Resources. Any applicant or recipient must make a good
faith effort to secure any potential resource
which may be available including but not limited to any state
or federal assistance program; employment benefits; govern-
mental/or private pension programs; available trust funds;
support from legally liable relatives; child support payments;
jointly held resources where the applicant or recipient share
may be available to the Individual, etc. Assistance shall
not be withheld pending receipt of such resource as long as
application has been made or good faith effort is being made
to secure the resource.
Any individual applying for or receiving assistance due to a
disability must make a good faith effort to make use of any
medical and/or rehabilitative resources that may be recommended
by a physician and which are available without financial burden
which would not constitute further physical risk to the individ-
ual.
Ch. It Art. 21
Sec. 5(5.10)(F) -(I)
Any applicant who refuses to utilize available resources
without just cause, after receiving a written seven-day
notice, shall be disqualified from receiving assistance
until they have made a good faith effort to secure the
resource.
Any applicant who forfeits receipt of or causes reduction in
benefits from another public assistance program because of
finding of fraud, committed by the applicant within the 60
days prior to his application for assistance, is not eligible
to receive general assistance to replace the forfeited
assistance for a period of 60 days from the date of application
for general assistance, except in the case of initial appli-
cations. Not withstanding the disqualification of any
individnal under this section, assistance shall be granted to
other eligible individuals in the disqualified individual's
household.
G. Insurance. No person owning any type of insurance shall be
eligible for assistance except if permitted by these
Guidelines. Any application for assistance will not be denied
where insurance is available to the applicant or his dependent
on a non-contributory basis or the extent minimum automobile
liability coverage is required as a condition of employment or
needed to retain employment.
H. Real Property. No person owning real property shall be eligible
for assistance except as follows:
a. The Public Welfare Department may provide assistance
upon receipt of the initial application to persons owning'
sal estate other than their home in cases of emergency.
However, continued eligibility for any type of assistance
will depend upon the applicant making a reasonable effort
to dispose of such real property at a fair market value.
b. Where the applicant owns real property In which he/she
makes his/her home he/she shall be eligible to receive
-
ssistance provided that the cost of mortgage payments,
taxes, and insurance do not exceed the amounts available
for housing under these Guidelines.
c. When the City spends general assistance funds to provide
mortgage payments to an eligible person under these guide-
lines, a lien may be placed upon that property for the amount
of mortgage assistance given. Such a lien will not be
claimed until the death of the recipient or the transfer of
said property. Any recipient receiving assistance with a
mortgage payment will receive written notification of these
conditions.
I. Employment. Unless exempted herein, every person receiving
assistance under this Ordinance shall actively
eek and accept gainful employment. For purposes of this
Ordinance "gainful employment" shall mean any available
employment within the recipient's skills and abilities resulting
Ch. Il; An. 21
Sec. 5(5.10)(1)
in the maximum possible Income for the recipient. Such
efforts shall Include, but not be limited to, registration with
the Maine Employment Security Commission, diligent
solicitation of available job openings and making oneself
available for work at all times during the night or day. The
requirements of this Ordinance shall also apply to every
member of the recipient's household, unless specifically
exempted. The only persons who shall be exempted from this
requirement shall be;
a, dependent minor children;
b. persons over the age of 65;
c. persons who by.reason of illness or disability are unable
to perform any type of work;
d. persons whose presence is required in the home in order
to provide care for a dependent child under the age of 6
years or for any ill or disabled member of the household; and
e. 10 years of age and older who are regularly participating in a
vocational training or primary orsecondary educational
program which would assist the individual in securing
employment. Any person claiming to be exempt from seeking
or accepting employment because of Illness or disability
may be required by the Welfare Department to be examined
by a qualified physician at the Department's expense.
Reimbursement for these services shall be at current
Medicaid rates.
Applicants and recipients are Ineligible for assistance for
60 days if they:
1) quit work;
2) refuse to search for employment;
3) refuse to register for work;
4) refuse to accept a suitable job offer under this section;
5) willfully fall to perform or perform below average
standards the job assignment for the municipality
under this section or
6) refuse to participate in a training or educational
program which would assist them.in securing employ-
ment; and
7) they do not have just cause for their action.
This person may become eligible during this period of time
if he/she becomes employed or otherwise satisfies the require-
ment of this section for which he/she was disqualified.
In no Mae may the requirement to search for work or participate
in a work or training program interfere with:
Ch. I1• Art. 21
Sec. 525 . 10) (1)-0)(7)
* 1) existing employment or participation in a primary or
secondary educational program, or in a training program
Which is either approved or determined, or both, by the
Department of Labor to be reasonably expected to assist
the individual in securing employment; or
2) the individual' s.ability to follow-up on a bona Title
job offer
3) attendenee at an interview for possible employment
J. Work Recudrement. All persons otherwise eligible for general
assistance under this ordinance may, be
required to perform work for the City of Barpor as a condition
of receiving such assistance. Any such work requirement shall
be subject to the provisions of 22 M.R.S.A. 64316(4) as
modified by the following:
1. Me work requirements of the Ordinance shall be Order
the direction of the Welfare Director, who shall be authorized
to issue such admimistrative directives as may, be necessary
from time to time to insure the proper implementation of the
work requirment program.
2. An otherwise eligible person who refuses a suitable job
offer from the City of Bangor under this Ordinance Without
just Cause shall be ineligible for general assistance for
a period of sixty (60) days. Refusal to accept a suitable
job offer shall include: -(a) failure to report for work{ (b)
leaving work without permission from the worker's supervisor
before the work period has ended: and (c)faflure to perform
Work as directed.
3. In no case shall eligible persons performing Work under this
Ordinance replace regular municipal employees.
4. No person shall, as a condition of general assistance
eligibility, be required to do any second. of work that exceeds
the value of the ret general assistance that person would
otherelse receive under municipal general assistance
standards. Any person performing work under this Ordinance
shall be provided with net general assistance the value of
which is earned at a rate of at least the State's minimum
wage. expenses related to the work performed shall be
considered in determining the mount of net general
assistance being provided.
5. Work performed under this Ordinance shell not interfere wi bi.
the eligible person'er (a) existing employment: (b) ability
to follow up on a bona ride jab offer; or (c) attendance at
job interviews.
6. An eligible person With an immediate need shall rot be re-
quired to perform work under this Ordinance prior to receiving
general assistance.
7. Failure of an othereise eligible person to accept a suitable
job offer ueder this subsection shall not affect the general
assistance eligibility of any member of the person's house-
hold who is capable of working, to At: (a) a dependent
*Amended May 30, 1984 -effective June 10, 1984 - C.O. 84-200
Ch. Ip Art. 21
Sec. 5(5.10)(1(-(M)
minor child; (b) an elderly, ill or disabled person;
and (c) a person whose presence is required in the home in
ander to provide care for a dependent child under the age
of 6 years or for any ill or disabled member of the household
8. 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.
All 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 is expected to work, the
department to which he or she is assigned, and the date,
time and work location to which he or she is to report.
K. Utility Deposits - Rental Deposits - Back Bills. No Welfare
funds shall
be expended by the Welfare Department for deposits or back
bills. A bill will be considered current for thirty (30) days
after the date of receipt. At the discretion of the department
the current bill may be guaranteed to prevent an eviction or a
utility shut-off.
L. Hotel Rooms. No welfare funds shall be expended for hotel
rooms where the costs exceed our rental
allowance. However, an exception would be where no shelter
facilities are available.
M. Verification Required. It is the responsibility of the Individual
requesting assistance to provide enough
information to verify that they are eligible. This verification
may include but not be limited to wage statements, receipts for
household expenditures, etc.
The caseworker may seek the facts necessary to establish
eligibility from sources other than the applicant if the applicant
has been unable to provide necessary verification. Such con-
tacts will be made only after the applicant has been given
written notice that if he/she does not provide the documentary
verification within one (1) week of the application such ccn-
is= will be made.
When available information is inconclusive or conflicting re-
garding a fact which is material and necessary to determine
eligibility, the applicant will be advised as to what questions
remain. To be considered inconclusive or conflicting, the
information on the application must be Inconsistent with
statements made by the applicant, inconsistent with other
information on the application or previous applications, or
inconsistent with Information received by the caseworker from
other sources. Assistance may be denied or terminated if the
applicant is unwilling to supply the caseworker with necessary
verification or permission to make collateral contacts or if the
caseworker cannot determine that eligibility exists after con-
tact with the applicant or the applicant's collateral contacts.
Ch. Il; Art. 21
Sec. 5(5.10)(N) -(5.11)(A)
N. Applicant's Own Funds. Personal financial resources shall be
used t0 meet current expenses before
requesting assistance.
5.11 Indigency Formula - Eligibility Requirements. The laws of the State
of Maine require all
municipalities to assist those persons, otherwise eligible, in cases
where they are In distress and in need of immediate assistance. In
order to treat all applicants fairly and equally and to discourage
frivolous use of income, assets, and other available resources, the
following formula will be used by the caseworker in considering the
applicant's eligibility.
*A = Basic Total Requirements or Basic Maintenance Costs
as determined under this Ordinance for food, clothing,
personal care, and other family consumptives, but
excluding housing costs.
B = Actual cost Of housing, up t0 the maximum amount allowed
for the same under this Ordinance.
C = Income
D = Need deficit
Indigency Formula; (A + B) - C = D
The available assistance computed under the Indigency formula will
be applied to those areas In which the household Is in most need.
Such determinations will be made by means of client -caseworker
conference during which all available alternatives and resources
will be explored.
All standard of need determinations for general assistance will be
computed for a period to be determined by the caseworker. Such
certification periods may not exceed thirty (30) days. For purposes
of this formula, income will include all earned income plus income
from other sources less all deductions for IIgWd assets and liquidated
tangible assets. A twenty (20) percent deduction will be made from
net earned income in order to compensate the applicant for work
related expenses (transportation, day care, etc.). The applicant's
household income will be computed In accordance with the following
definitions and shall be considered available for the week, weeks,
month or months It was intended to cover when It was received by
the applicant; provided that such consideration shall not disqualify
any applicant who has exhausted his/her income to purchase basic
necessities.
A. Earned Income. Income In cash Or in kind earned by the
applicant or recipient or members of his
household through wages, salary, commissions, or profit,
whether self-employed oras an employee. Rental income
and profits from products sold are this category. With respect
*Amended October 24, 1983 - Effective November 3, 1983 - C.O. 83-346
Ch. I1; Art. 21
Sec. 5(5.11)(A) -(A)
to self-employment, total profit is arrived at by subtracting
business expenses from gross income. When income taxes,
social security, and other payroll deductions as required by
state, federal, or local law, are deducted. Wages that are
trusted, or income similarly unavailable to the applicant or
his dependents will not be considered.
B. Income From Spouse - Support From Relatives. If husband and
wife are both
employed, income actually available to the applicant or recipient
and dependents are to be included. Contributions from relatives
will be considered as income only if actually received by the
applicant or recipient.
C. Income From Other Assistance or Social Insurance Programs.
State
categorical benefits, SSI payments, Social Security benefits,
VA benefits, Unemployment Ins urace Benefits and payments
from other governmental or private sources will be considered
as income unless specifically prohibited by any law or re-
gulation.
Any applicant who forfeits receipt of or causes reduction In.
benefits from another public assistance program because of
fraud, misrepresentation or a knowing intentional violation of
program rules committed by the applicant within sixty (60)
days prior to his/her application for assistance, is not eligible
to receive general assistance to replace the forfeited assistance
for a period of sixty (60) days from the date of application for
general assistance except as provided for initial applications.
D. Court Ordered Support Payments. Alimony and child support
payments will be considered
income only if it is actually received by the applicant or
recipient.
E. Income From Other Sources. Income from any source will be
considered if it is intended for
use by any member of the household, related or unrelated, and
is actually available to the applicant.
F. Earnings of Child. The earnings of any child under the age
of eighteen (18) years who is a full time
student and who is not working full time will not be considered
as income under these guidelines.
G. Retroactive Benefits. Any funds received asa lump sum for
retroactive benefits, back payments,
insurance settlements, etc. shall upon receipt, be considered
as part of household income for the purpose of continuing
eligibility. The amount received, if in excess of $150, shall
be divided into three (3) equal parts to be included in the house-
hold income as if each third was received on the first day of
three consecutive months following such receipt.
Ch. II; Art. 21
Sec.
H. Excludable Income. rot purposes of this definition, relocation
payments under governmental housing pro-
grams, the bonus value of food stamps, earnings of children
under age 19, and the monetary value of products from home
gardening shall not be included.
r. Potential Income. Potential Income Is defined as Income that
could be received by the applicant if action
were taken to obtain It, e.g.; Social Security, Workmen's
Compensation, Unemployment Compensation, AFDC, SSI, etc.
Assistance shall not be withheld pending receipt of such a
resource as long as application has been made or a good faith
effort is being made to secure such resources.
Any applicant who refuses to utilize potential resources with-
out just cause, after receiving a written seven (7) day notice,
shall be disqualified from receiving assistance until they have
made a good faith effort to secure the resource.
J. Treatment of All Other Income. The full value of all income,
not defined as earned income,
whether in kind or In cash, which is actually available for use
n the household will be considered In determining need under the
indigency formula.
K. 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.
L. Living in the Household of Another. When an application is
received from an individual
or family that is living in the household of another emergency
assistance may be granted with items other than housing costs.
In order for assistance to be granted with housing related
expenses it is necessary for certification to be made of the en-
tire household.
M. Other Unrelated Person Living in the Home. When any other
individual is
living In the applicant's home, certification must be made of
the entire household and the income and assets of all members
of the household which are actually available to the applicant
counted in determining eligibility.
When it can be determined by the caseworker that unrelated
individuals residing In the same household are sharing ex-
penses equally and have no responsibility for each other's
welfare, the applicant will be treated as a free standing house-
hold.
N. Eligibility. An applicant's eligibility will be based on his/her
total Income and on the basic total requirements Of
his/her household as established In these guidelines. There
will be no automatic eligibility. All applicants must complete
the application process. To be eligible for aid under the
Department's Standard of Need Provisions, the household must
have an income at or below 80% of the 1981 Community Service
Association (C.S.A.) Guidelines.
Ch. IG Art. 21
Sec. 5(5.12)-(5.13)
5.12 Basic Total Requirements or Basic Maintenance Costs. A budgeted
amount
for food, clothing, personal care, and other family consumptives.
To this amount is added a housing allowance.
The following chart represents 80% of Maine's 1981 C.S.A. Guide-
lines:
NUMBER OF PERSONS IN THE HOUSEHOLD
(1) (2) (3) (4) (5) (6) (7) (8)
Food $ 84 $ 12 4 $164 $204 $244 $284 $324 $364
Personal Care
Clothing
Family Consumptives
Housing Limits 169 201 252 292 333 375 416 458
1981 80% of
C.S.A. Standards $253 $325 $416 $496 $577 $659 $740 $822
5.13 Amount of Assistance. The basis of eligibility for assistance from
the Bangor Welfare Department is that the
applicant/applicants have a need under the Standard of Need Deficit.
Such determination shall be made by use of an indigency formula.
Eligibility under all other emergency provisions shall be determined
by these regulations and the case record shall specify the section
under which assistance is provided,
Notwithstanding the above sections it Is not Intended that Bangor
Welfare program be other than to satisfy the specific emergency need
of a recipient for a specified period of time.
Assistance granted will be on the basis that there is no available
resource.
Verification of income and expenditure will be required to establish
that there Is no available resource and the caseworker may authorize
assistance up to the limits established under the indigency formula
to meet the individual or household needs where it is determined the
applicant or applicants are destitute.
Vouchers any be Issued to purchase necessary food. Such vouchers
may be issued in any amount not exceeding the weekly food allowance
stated In these Guidelines. Such vouchers are intended for the
purchase of foods high in nutritional value and may not include
deli Items and soda (unless specifically listed on the voucher),
candy, potato chips and similar snack items, beer, wine and
novelty items.
Ch. 1I; Art. 21
Sec. 5(5.13)
FOOD
Number in Household Maximum Food Order (Weekly Basis)
1 $ 18.00
2 27.00
3 36.00
4 45.00
5 59.00
6 63.00
7 92.00
8 81.00
Vouchers may be issued to purchase household and personal items
including, but not limited to brooms, soap, detergent, toilet paper,
tooth paste, disposable diapers, etc. Personal care Items shall
not include cosmetics. The monthly allowance for household and
personal items shall be computed in accordance with the following
schedule.
fRHbY:Alasl\8244*1031kiWNl a&I
Number in Household Maximum Monthly Allowance
2 6 12.00
3-5 16.00
6-10 20.00
In addition to food, household and personal items, medical, dental
and eye services, clothing and burial expenses may be provided if
absolutely neressay. Medical, dental and eye services will be
provided on an emergency basis. Except in unique situations
approved by the Public Welfare Director, the caseworker will not
approve dental expenses other than tooth extractions.
The caseworker may assist the applicant or recipient and his family
in the purchase of adequate clothing. In most circumstances,
clothing will be a postponable item. Exceptions to this maxim may
arise in the event that school clothes are needed in the fall; where
fire or other crisis has destroyed the applicant or recipient's
clothing, where unusually cold weather makes extra clothing an
Immediate necessity; or if special clothes are needed for the
applicant's employment. Before assistance will be made for
clothing, the caseworker must be satisfied that the applicant has
taken maximum advantage of all church and civic organizations or
Other resources in the community that make low cost or free
clothing available.
Housing,. It is the individual client's responsibility to find adequate
housing, except in cases of emergency, when the caseworker may
help arrange temporary shelter.
The Welfare Department will not become involved in the landlord/
tenant or mortgage relationship. The recipient should be advised
to obtain housing that will be within his/her ability to pay before
further housing assistance will be rendered.
Ch. 11, Art. 21
Sec. 5(5.13) -(5.14)(A -B)
When the caseworker determines that it will be necessary to give
funds to meet any or all of a client's housing payment, the amount
will be actual rent/mortgage paid by the client, if the amount to be
paid is reasonable and in accordance with limitation set in these
guidelines.
When necessary assistance may also be given with utilities and
heating fuel. Heating fuel will not be considered a necessary ex-
penditure from May 15th to October 1st, except in cases of un-
usually severe weather or when the client's hot water is heated off
the furnace.
5.14 Assistance Categories. There are two (2) categories of assistance
which are administered by the Bangor
Welfare Department under the General Assistance Program: Standard
of Need Deficit (Section 5. 14A and Emergency Assistance (Section
5.148-M.)
A. Standard of Need Deficit. This is the only category in which
income is a factor. In order to
receive assistance under this section the applicant must be
maintaining their own household, have a need deficit under
the fndigency formula, and satisfy all other eligibility rules and
regulations set forth in these Guidelines.
Applications for assistance under this section must be
processed within 24 hours of the date of application. De-
cisions shall be communicated in writing setting forth the
reason(s) for the decision. If the applicant is found eligible,
assistance shall be furnished within 24 hours of the date of sub-
mission of the application.
B. Emergency Shelter. The Bangor Welfare Department is
authorized to provide temporary shelter
for persons who, by reason of special emergency, are stranded,
homeless or victims of family violence. The length of time
authorized in the shelter shall not exceed thirty (30) days. An
extension may be granted If circumstances warrant. Such cir-
cumstances may include, but shall not be limited to, delay in
application for categorical assistance, loss or delay of monthly
benefit check, etc. Individuals will be eligible for admission
to shelter once in any twelve (12) months. Exception to this
rale may be made where verifiable circumstances warrant.
In determining eligibility for this service priority will be
given Bangor residents. Individuals and families who by
definition (See 22 MRSA, Section 4307) are
residents of an-
other municipality may be admitted to theShelter. However,
such admissions may only be granted in those situations where
the authorized representatives of the other municipality agree, to
pay for the actual costs of welfare to be provided by the
Welfare Department, plus a dally fee based upon a rate
established by the Welfare Department for occupancy In the
shelter.
Ch. I1; An. 21
Sec. 5(5.14)(C) -(H)
C. Transients. Individuals who fall into distress within the City
of Bangor While traveling may be granted temporary
assistance with food and shelter, either through the Welfare
Department or by referral to a private agency.
D. Transportation. Assistance may be granted to a transient o
stranded individual who either wishes to
return his/her point of origin or who wishes to relocate in
another area.
E. Catastrophes. Individuals placed in need of immediate
assistance through unforseeable circumstances
such as, fires, floods, and hurricanes, may receive emergency
assistance to meet thein immediate needs. Such assistance
will only be in the form of food and shelter.
F. Emergency Hospltallzatica. At times It may become necessary
for the Bangor Welfare Department
to assume responsibility for hospital costs for eligible persons.
In order for such assistance to be granted it will be necessary:
1. For an application to be completed by the applicant or
his/her duly authorized representative;
2. For the hospital to notify the Director by telephone, con-
firmed by certified mall, within three (3) business days
of the applicant's admission;
3. For the hospital to verify In writing that all Hill -Burton
and/or other endowment funds designated for the care of
the poor have been exhausted.
All s rendered must be Itemized and will be reimbursed
at current Medicaid rates.
IS. Exc a Income. For various reasons, It might be necessary
to assist a person or family even though
their monthly income is in excess of total requirements.
Reasons for this might include loss of a check, delay in mall
of receiving a check or the person may have spent all their in-
come, placing themselves or their family In immediate need.
In these situations, either basic necessities, or food and shelter
may be provided. However, before Emergency Assistance is
given to persons having excessive income, they must agree to
reimburse the city for assistance rendered.
H. Minor Children. At times it might be necessary for the Welfare
Department to assist minor children whose
needs are not being met due to parental neglect o of
household income. Reasons for this might include, but shall
not be limited to:
1. Disqualification of the head of the household for suiting
employment, failing to register for employment or refusing
to participate in the workfare program:
Ch. II; An. 21
Sec. 5(5.14)(H) -(M)
2. Failure of a responsible relative to provide necessary
support.
I. Excessive Assets. An Individual or family may be assisted
even though they have excessive assets
if immediate need can be established. Continuing assistance
will be caHinger4 upon the applicant making a good faith
effort to convert the assets into available funds to off -set any
assistance that might be necessary.
J. Burial. The Welfare Department shall provide for proper burial
of indigent persons providing that the total burial
osis do not exceed $650 and it is determined that the burial
costs cannot be paid in total, or in 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 guidleines shall include
the undertaker's services, clergy, personal attendants, casket,
vault box, linenhearse and obituary. The expense of opening
and closing the grave will be considered an additional cost to
be paid directly to the cemetery. The additional cost of a
graveside service will not be considered a covered expense under
these guidelines. The Welfare Department shall not pay for
burials in lots outside of the City or for single size lots. How-
ever, any person qualifying for assistance under this section.
may be buried in a lot provided by the City for such purposes.
The Welfare Department shall not be obliged to pay for any
burial expenses provided if the Director has not approved such
expenses prior to their delivery.
K. Emergency Assistance to a Disabled Adult. Emergency assistance
may be provided
to those single adults who are In need due to physical and/or
psychological disability. A person shall be considered disabled
If he/she is unable to engage in any substantial, gainful
activity, due to a medically verifiable physical and/or
psychological impairment.
Any person who has refused medical and/or rehabilitative
resources recommended by a physican which are available
without financial burden and which would not constitute fur-
ther physical risk to the individual will not be considered eligible
under this section.
L. Cver-Supplementation of Total Requirements. For various reasons,
it might be
necessary to assist an individual or family in excess of the need
of deficit computed under the indlgency formula. Such assistance
will be granted only for food, fuel, and household Items. When
a client is over -supplemented, he/she will be given a termination
notice.
M. Other Necessary Expenses. Under this section assistance that
is absolutely necessary and cannot
be obtained from any other source may be provided. Assistance
granted under this section shall not exceed amounts listed In the
basic total requirement charts.
Ch. II• Art. 21
Sec. 5�5.14)(M)-(5.15)
Assistance m be provided to parts of a household order this
action. alder no circumstances will assistance be granted
to parte of a household residing with a responsible relative
who has sufficient ability to support.
5.15 Review Procedure
5.15.1 Richt to Review. Any applicant recipient aggrieved by a
decision, act, failure to act or dally In
action concerning his/her application far general assistance
under these Guidelines shall have the right to appeal. If
a parasols application has been Approved there shell be
no revocation of general assistance during the period of
entitlement until that applicant/recipient has been provided
notice and an opportunity for hearing.
a 5.15.2 Initiation of Anneal. To initiate the right to an appeal, the
aggreived person shall file a written
request for the same with the Welfare Director within five
(5) working days from the earliest occurrence of one of the
fcllow m events:
1. Rxpirstion of 24 Louse from the tiMe said
parson applies for general assistance.
*e 2. Receipt of a notice of decision adverse to the
Applicant. Or, within (10) working days after any
Otheractor failure to act by the Caseworker
with regard to application for assistance.
The written request for an appeal most include the
following information:
1. The decision, act, failure to act or daily In action
for which an appeal is sought:
2. The reasons for the eggreived, person's
dissatisfaction And the circumstances he/she
believes entitle him/her to a different result; end
3• The relief sought by the aggrieved person.
5.15.3 Interim Review bo, Welfare Director. Upon receipt of a.
written request for
An appeal, the Welfare Director shall schedule a conference
with the aggreived person and the caseworker involved, At
which conference both persons shall have fall opportunity
to present their positions on the ease. The Director's re-
view shall be conducted informally in a manner respectful
of the rights end dignity Of all Smrolved. Witnesses may be
called and evidence may be presented at the conference.
Subsequent to the conference, the Director s1hall inform
the caseworker and the aggrievedpersonof his/her decision
in writing. The Director's decision. shell be limited to e
determination As to (1) whether the caseworker's decision
has been made in accordance with these guidelines and -
pertinent state statutes and (2) whether the aggrieved person
may receive aoergenny assistance as provided in these
guidelines. At no time shall the Director conduct a review
n which a any cases.Ich he/she was directly responsible for
the disputed action.
*Amended October 121 1983 -Effective October 22, 1983 -c.0. 83-330
**Amendsd May 30, 1984 - Effective Jame 9r 1984 - C.O. 84-200
Ch. II' Art. 21
Sec. 515.15)(5.153)—(5.15.6)
The Welfare Director shall endeavor to conduct his/her
review as expeditiously As passible to facilitate the
fair herring before the fair hearing officers. The Director
ew act deny or dismiss a request for a fair hearing unless
it has been expressly withdrawn by the aggrieved person
r unless the relief sought nas granted to said person by
the Director subsequent to the filing of a writtenrequest
for an appeal.
a 5.15.4
Tine for Fair Hearing. Pursuant to the requirements of
22 M.R.S.A. 84322, the reqbested
hearing shall be held by the fair herring oPricer�a) within
rive (5) working days following the receipt of the written
request for an appeal. The scheduling of the hearing shall
take Into consideration the convenience and needs of all
concerned. The Director shall inform the aggrieved person
of the review procedure and the datep Lima, and piece of the
fair hearing.
5.15.5
Fair Hearin Officers. All appeals under these guidelines
shall be heard by fair hearing officers,
who shall consist of a five (5) member committee. of the
Bangor City
Council established for such purposes. A
majority of
the members of said committee shall constitute
a quorun for the transaction of business, but a smaller
number mqv adjourn a meeting frau one time to another.
5.15.6
Conduct of Hearing. All reviews by the Council Committee
will be conducted in accordance with
the followlw.
1. The proceeding will be conducted privately and open
only to:
a. the aggrieved peraon, witnesses and legal
counsel.
b. the public Helfare Director and his/her bean-
.
workers, the City Manager, witnesses, macber
of the City Council, other than Committee
members, and legal counsel.
2. The proceeding will be conducted informally, without
technical rules of evidence, but aubject to the re-
quirements of due process.
3. The review will be opened with a presentation of
issues by the Cwrmittee Chariman.
4. After the presentation of issues the aggrieved person
shall
present his/her position with the aid of legal
counselor
end/or witnesses.
5. The Public Welfare Director and/or his/her caseworkers -
-
shall then present the position of the Welfare Dspart
mmd with the aid of legal counsel or witneases. -
6. All participate shall be given An opportunity tor'
a. present oral or written testingly or documentary
evidence;
b. offer rebuttal;
*Amended May 30, 1984
- Effective Juns 10, 19x4 C.O. 84-200
Ch. II•Art. 21
Sec. 515.15)(5.15.6)—(5.15.8)
c. question witnesses on matters germane to
the issue at hand;
d. examine all evidence presented at the hearing.
7. The ComAttee0s decision shall be determined solely
upon the evidence presented by all parties at the
proceeding. Said decision shall be in accordance,
Ath these guidelines and the State statutes relating
to granting of general assistance.
* 5.15.7 Deciaion. Upon completion of the fair hearing, the
Committee shall Mthin five (5) working
days, prepare a written notice of its decision Which will
contain the following information,
1. A statement of the issue(s);
2. Relevant evidence presented by any participant
at the proceeding;
3. Pertinent provisions of the general law and these
guidelines relating to the Committee's decision;
4. The Carvrtittee15 decision and the reasons for it.
Copies of the notice of the decision will be provided forth—
with to the aggrieved person. The hearing record and the
case record shall be maintained by the public Welfare
Director.
5.15.8 Further APP"l. Further appeals may be taken from aw
action or failure to act oI the Committee or
the Welfare Director, by angr party, to the Superior Court
in accoiance with Rule 800 of the Maine Rules of Civil
Procedure. The aggrieved person shall be notified of his
her right to such an appeal.
*Mended My 30, 1984 — Effective June 10, 1984 — C.O. 84-200