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
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