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HomeMy WebLinkAbout1983-09-26 83-330 ORDINANCE83-330 Introdl ced by Councilor Jordan, Septemler 26, 1983 NN_qq` CITY OF BANGOR (TITLE.) (frbiUT1ICCt.......Amending.. Chaptex 11,_ Article. 21_ of. -the -Laws .............. and Ordinances of the City of,B 3 Public.Welfare Department_.... Be tt ordainad by dw City CounsU of the City ofBaft or, as (Game: THATChapter II, Article 21 of the .Laws and Ordinances of the City of Bangor be amended by deleting Sec. 5.15.2 therefrom and substituting the following provisions in lieu thereof: 5.15.2 Initiation of art Appeal. To initiate the right to an appeal, the aggrieved 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 following. events: 1. Expiration of 29 hours from the time said person applies for general assistance. 2. Receipt of a notice of decision adverse to the applicant. The written request for an appeal must include the fallowing information: 1. The decision, act, failure to act Or delay in action for which an appeal is sought; 2. The reasons for the aggrieved person's dissatisfaction and the circumstances he/she believes entitle him/her to a different result; and 3. The relief sought by the aggrieved person. 5.15.3 Interim Review by Welfare Director, Upon receipt of a ritten request xor an appeal, the. welfare Director shall schedule a conferencewith the aggrieved person and the caseworker involved, at which conference both persons shall have full opportunity to present their positions on the case. The Director's review shall be conducted informally in a manner respectful of the rights and dignity of all involved. Witnesses may be called and evidence may be presentedat the conference. Subsequent to the conference, the Director shall inform the caseworker and the aggrieved person of his/her decision in writing. The Director's decision shall be limited to a determination s to (1) whether the caseworkers decision has been made in accordance with these guidelines and pertinent state statutes and (2) whether the aggrieved person may receive emergency assistance as provided in these guide- lines. At no time shall the Director conduct a review of any case in which he/she was directly responsible for the disputed action. The Welfare Director shall endeavor to conduct his/her review as expeditiously as possible to facilitate the fair hearing before the fair hearing officers. The Director may not deny or dismiss a request for a fair hearing unless it has been expressly withdrawn by the aggrieved person or unless the relief sought was granted to said person by the Director subsequent to the filing of a written request for an appeal. 5.15.4 Time for Fair Hearing. Pursuant to t e>1 requirements of 22 M.K.B.A.6 4322, the requested hearing shall be held by the fair hearing officers) within seven (7) working days fallowing the receipt of the written request for an appeal. The scheduling of the hearing shall takeinto consideration the convenience c and needs of all concerned. The Director shall inform the aggrieved person of the review procedure and the date, time, and place of the fair hearing. 5.15.5 Fair Hearn Officers. Al appeal la undez these guidelines and" 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 quorum for the transaction of business, but a smaller number may adjourn a meeting from one time to another. 5.15.6 Conduct of Hearin All reviews by the Council Committee will be conducted n accordance with the following: 1. The proceeding will be conducted privately and open only to: a. the aggrieved person, witnesses and legal counsel. b. the Public Welfare Director and his/hex caseworkers, the city Manager, witnesses, member of the City Council, other than Committee members, and legal counsel. 2. The proceeding will be conducted informally., without technical rules of evidence, 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 aggrieved person shall present his/her position with the aid of legal counsel, and/or witnesses. 5. The Public Welfare Director and/or his/her caseworkers shall then present the position of the Welfare Department with the aid of legal counsel or witnesses. 6. All participants shall be given an opportunity to: a. Present oral or written testimony r documentary evidence; b. Offer rebuttal; C. Question witnesses onmatters - germane to the issue at hand; d. Examine all evidence presented at the hearing. ]. The Committee's decision shall be determined solely upon the evidence presented by all parties at the proceeding. Said decision shall be in accordance with these guidelines and the State statutes relating to granting, of general - assistance. 5.15.7 Decision Upon completion of the fair hearing, the Committee shall within five (5) days, prepare a written notice of its decision which will contain the following information: 1. A statement of the issue (a); 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 committee's decision and the reasons for it. Copies of the notice of 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 Appeal. Furt � erams may be taken from any action or failure to act of the Committee or the Welfare Director, by any party, to the Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure. The aggrieved person shall be notified of his/her right to such an appeal. B3-330 ORDINANCE In City Council September 26,1983 ( TITLE,) �mendine chanter xx lrticla 21 Befered to welfare appeals Comm. oP the Lawn e,d prlinaxwea of the City oY Consider next regular meeting Bangor Public Welfare Department 6 City C ark - InV �d ami (tie] by m In City Council October 12,1983 v P8eead by the following vote 9 see rotirg yes erpwn,coz; Davia �Fxanice3,Caea,SOMm.Soucy� Heymouth,Hilley City Cie = h�//�