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HomeMy WebLinkAbout1973-03-26 106 AA ORDER106 AA Introduced by Councilor Centered,, Match 26, 1973 CITY OF BANGOR (TITLE.) (Prbgri Adoption of welfare. Guidelines _.. __. _... By City Conxoit of the City of Bangor; ORDERED, THAT the City Council hereby adopts "The Cuidelines for the Administration of General Assistance in the City of Bangor, Maine, 1973" as are on file in the office of the City Clerk. F IN CITY COUNCIL Manch 26, 1973 Consider next meeting. TY CLERK 3w%xg:%gpgwcxxx ai6Y%8%8Kx8@8Hx axnxxanxxsnx%x�xxuwgx IN CITY COUNCIL April 9, 1973 Referred to Health Center Cortmittee, consider next meeting. Cl�'Y SLOU: IU C TY COUNCIL April 23, 1973 Amended by sub.titutlon and PASSED ITY CLEW( 106 AA L ORDER Title, Ado ion of Welfare Guidelines ................................ ...................................... Q— Introduce filed by an U//Councilmen Bangor, the renter of Maine—the Gateway to Maines N th Woods and Seashore Reports Qu of Pangaf, fflsing ..a., o...Rn.e,.. March 26, 1973 Bangor City Council Bangor Maine 04401 B&: Council Order 106-M Gentlemen Pending on the agenda for tonight's meeting is an item sponsored by Councilor Henderson providing for the adoption of certain Welfare Guidelines. As yon no doubt are aware, the Welfare Director, the Welfare Advisory Committee and ou office have been involved. in the preparation of these Guidelines. Considerable time has been spent up to date, but they are not completely in final form at the present time. It was originally anticipated that they would be ready by Thursday, and therefore the item was placed on the agenda. in the anima, certain minor problems have came to our attention which reed to be resolved. In addition, I have been detained on other matters which required immediate attention. We expect that they will be distributed during the oxcouple of days to all members of the Council. I suggest that the council continue the matter until the next meeting at which time they will be on file with the Clerk. They are fairly lengthy and require a certain amount of review anyway, therefore the additional time I'm sure will be of value to the Council. Very truly years Robert R. Miller City solicitor REA: to <c: Merle Gaff - y Alle P GUIDELINES FOR The ADMINISTRATION OF GENERAL ASSISTANCE IN THE CITY OF RANCOR, MAINE 1973 TABLE OF CONTENTS Page INTRODUCTION 1 CENTRAL ASSISTANCE POLICY 2 DEFINITIONS 3,4 GUIDELINES A. Confidentiality of Information 5 B. Maintenance of Records 5,6 C. Applications - Procedure 1. Right to Apply 2. Caseworker's Responsibilities at Time of Application ) 3. Responsibilities of Each Applicant add Recipient 8 4. Recognition of Dignity and Rights 8 5. Actions an Application 8 D. Eligibility Guidelines 8 1. Age 9 2. Residence 9 3. Liquid Assets 9 4. Tangible Assets 9 a. AutomobiLe Ownership S. Insurance 5. Real Property 9 6. Registration with Maine Employment Security Ca®issxon 10 ]. Employment 10 E. Endigency Formula 11,12,13 F. Allocation of Amounts Available for Relief 13,14 C. Emergency Assistance 14,15 R. Review Procedure 16 1. Right to Review 16 2. Method of Obtaining Review 16,17,18 INTRODUCTION Under the Cooaon Law public authorities were not obliged to provide assistance for the indigent. However, a early as the sixteenth century, Legislative bodies have recognized the necessity of giving at least s a kind of relief to people who a nabletoc a for themselves and who are indigent for reasons beyond their controls The poor lave of Massachu- setts were e the precedents for the enactment of Maine poor law when Maine acquired statehood in 1820. Today, the municipal welfare program known "general assistance" survives as the residual local relief program under which aid is given, on the basis of need, to persons who are "In distress and standing in need of immediate relief." Persona needing relief have been narrowly defined a "paupers", "the poor", "poor persons", "indigents", and pex s in distress." For purposes of these guidelinessuch terms ate used synonymously, although the law, particularly in the past, has made same distinction. Generally speaking, a person in need of general assistance is o who is o destitute and helpless as to be dependent upon public chari sty. far all o a portion of his needs. Whether a person qualifies far such assistance a question of fact to be determined by employees (caseworkers) of thes Public Welfare Department a the time the relief i requested. In granting general assistance to the poor, the caseworker is faced with a great variety of circum, tonnes. The dilemma of trying to treat all appli- cants and fairly, yet be able to justify the expenditure of tax dollars for such grant assistance, cannot be a accomplished by the most competent c worker without a reasonable direction or guides Unfortunately the Maine statutes provide little guidance. The purpose of these guidelines is to fill that need in the City of Bangor. GENERAL ASSISTANCE POLICY The City of Bangor administers a program of general assistance available to all persons living in the City of Bangor n keeping with its responsibility to provide assistance to those inneed. Applications will be accepted from anyonewho expressesa desire to receive assistance. Relief will be granted to anyone qualifying for such assistance in accord- ance with the general law and these guidelines. Assistance will be given to enable recipients in accordance with the general law and the guidelines set forth herein to maintain a reasonable standard of health and decency. Whenever possible, the general a program will I=Jude assistance to help alleviate needs other thanfinancial, by arranging for clients to be provided with available rehabilitative, pre- entive or protective services. The client is expected to make use of all ailablets beforeseeking help from the City. Each request for relief shall abeconsidered a new obligation, and nothing herein shall be construed as giving any person, prior to the determination of his eligibility, a continuing right to assistance. Firm support will be &Even to the major values of our society. To prevent dependency and maladjustment, every effort will be made to recognize and encourage dignity, self-respect and self-reliance. Due of the goals of. the general assistance program will be to assist each client to achieve self -maintenance and adequate social function, and the incentive to work will besraged. An important. focus of attention in the general assistance program will be the strengthening of family Life, especially for the c and protection of children, and to assure the rights of any child to sound health and normal development. The general assistance programwill plat restrictions on the Individual rights of any applicantn will there be any discrimination o see Dunt of race, sex,religion, political affiliation or settlement within the State. The Public Welfare Department will take all reasonable steps t that each client Is made a of his rights and responsibilities under the general assistance program. There will be fair treatment of all applicants, with each applicant individually evaluated. Any client shall have the right to request review in accordance with these guidelines of. any decision concerning his right to assistance. As far as reasonably possible, decisions on all applications for general assistance will be made forthwith. Complete records will be main- tained, although any information given by clients must be recognized a privileged and confidential.' Notice, with reasons, will be given on all decisions concerning the client's rights of assistance. The Public Welfare Director will poet a notice in his office of the Lima and days that general assistance will be administered. In addition, he shall maintain a up-to-date copy of these guidelines in his office for easy access to any member of the public, 1. DEFINITIONS Unless otherwise defined, all c used herein will have their common ening. Words and phrases having special definitions will be defined when they first appear in the guidelines, 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 of his desire to receive general assistance. C. Application Tom. A document in a farm prescribed by the Director of Public Welfare formalizing in we itlug the applicant's desire to receive general assistance. D. Case Records. official tiles of forms, correspondence and narrative it ords pertaining to the application, determination ofeligibility, reasons fur decisions and actions by the caseworker or theDirector of Public Welfare, and kinds of assistance given each applicant. E. Claimant. Any applicant or recipient who has requested a fair hearing. P. Destitute. In distress aM standing in need of immediate relief. G. Director of Public Welfare. The municipal official designated to receive applications, make decisions con- cerning rning clients' right to assistance, and to prepare records and communications concerning granted assistance and settlements. The Director of Public Welfare may delegate such tasks to other employees of the Welfare Department (caseworkers). R. Minor Child. Any person who has not attained the age of L8 years. 1. Residence. The municipality in which a person has a true, fixed abode, and his principal home, and in which he Intends to remain. 22 MRSA 94476 provides that relief shall be granted to destitute persons "found" within the community. For purposes of these guidelines, no per shall be eligible for generalassistance under Section 4476 where his needs for relief are the direct responsibility of the municipality in which heis a resident. In addition, the term "resident" shall not include chose persons who voluntarily move to the City of Bangor, or who are transported to the City by others, for the sale purpose of obtaining services provided by the Public Welfare Department. J. Real Estate. Lend and structures attached to it. K. Recce. A person to wham the Director of Public Welfare or his authorized assistant has decided to give general assistance. II. GUIDELINES A. CONFIDENTIALITY OF INFORMATION The caseworker is expected to act with reasonable regard for the confidentiality of Information relating to all clients. Information supplied to the City of Bangor by the State Department of Health and Welfare, pursuant to 22 MRSA 14496,rning recipients of categorical assistance, is to be held confident fat by the City of Bangor. Misuse of information, whether In State o municipal records, concerning public assistance clients is punishable at laws amisdemeanor (22 MRSA 842). The c w worker should also be a of laws concerning the confidentiality of records concerning narcotics prescriptions 22 MRSA 123]4) add records concerning birth, marriage and death (22 MRSA ®2]06). Information given by o concerning a client is to be recognized a privileged and confidential. Itshould not ordinarily be released to or discussed with any Individual or agency without permission of the client, except when disclosure is required by law or is for purposes directly connected with the administration of welfare assistance. Theworker will release Information only t a party with a legal right e0 chatinformation, add Will release only what must be legally shared. Upon receipt of a request for information from a professional member of another agency or department of government, the caseworker worker will teles n information only for purposes directly connected with the admini- stration of welfare assistance and an ondition of its confidentiality. If an applicant or recipient seeks review of a decision by the caseworker, the fair hearing authority will have a only to informtion also made available to the claimant. Access willbe granted is the fair hearing authority only during case review preceding the fair hearing and during the course of the hearing. B. MAINTENANCE OF RECORDS The Department is required by statute to keep completer ords of general assistance granted in the City of Bangor. In addition to general statistical records concerning the number of persons gin ssist and the cost for anth support, a separate c and is established for each Individual or household applying for general assistance. The purpose for keeping complete records of general assistance is three -fold - 1. to provide a valid basis of accounting for expenditure of municipal funds; 2. to support decisions coing the applicant's eligibility; 3. to a availability of if a client seeks administrative or judicial review of the caseworker's decision. when verification of circumstances affecting eligibility is needed, Lnformation recorded will be limited to what is necessary to ensure 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. Minimm infoonatlon to be maintained in case records by the caseworker is the following: 1. c ompleted application forassistance; 2. grounds for approval or denial of application; 3. a narrative social history recording; the need for relief, the results of home visits, collateral information, referrals, changes in statue, etc.; 4. complete data concerning the type and amount of assistance granted. C. APPLICATIONS - PROCEDURE 1. Right to Apply. Any person has the right to apply for general ssintance. He may do so by appearing in person, or if incapacitated, through a duly authorized representative, In accordance with 22 MRSA 84452, before the caseworker, by expressing a desire to receive general assistance, and by completing a written application form together with other forma as may be required by the Public Welfare Director. Every request for general assistance most be administered in accordance with these guidelines. An independent determination of eligibility for general assistance shall be made by the caseworker upon receipt of each application. The fact that the applicant has received assistance in the past shall not be a basis for granting additioral relief until the case- worker s -worker is satisfied that he is again eligible in accordance with these. guidelines. 2. Caseworker's Responsibilities at Time of Application. Khan application 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 and the nature of the view process; c the applicant's responsibility for reporting all facts material to a proper determination of eligibility and the penalties for false representation (It is unlawful for any applicant or recipient to knowingly and will- fully make a false written representation to the Ce - worker in order to receive general assistance. gee 22 MRSA 8449L); d. the joint responsibility of the caseworker and the applicant for exploring facts concerning eligibility, needs and resources, and the applicant's responsibility for presenting re oras or documents in his possession or readily available to him to support his statements; e. the kinds of verification needed; f. the fact that an investigation will ba undertaken by the Public Welfare Department as to the applicant's income resources and assets; g. the applicant's responsibilities for notifying the case- worker s-orker of any change in circumstances that will affect his eligibility; h. any other programa of assistance or service of which the caseworker may be aware if the applicant appears ineligible for general assistance, ma e, a of which the applicant y avail himself in addition to or in lieu of receiving general assistance; L. the City's rights and remedies for reimbursement from the app Licsnt's place of settlement or relatives; and that the applicant may be called as a witness in de event any dispute arises as to the City's right to reimbursement. j. the applicant's personal responsibilities for reimbursement to the City for the amount of relief granted in the event that he becomes of sufficient ability to pay the same. 3. Responsibilities of Each Applicant and Recipient. Each applicant and recipient has a responsibility at the time of application and continuing thereafter: a. to provide a u rate, complete and current information concerning his eeda, and assets, and the whereabouts and circumstances of responsible relatives; It. to notify the caseworker when a change In his 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 generaassistance; d. to reimburse the City for the costa of relief granted in the event he becomes of sufficient ability to pay the a , e to use all monies available to him for necessities first before requesting general assistance or purchasing luxury items. 4. Recognition of Dignity and Rights. Any initial interview or any later proceedings, including any 'investigation of the applicant's eligibility, Shall be conducted In anx that will not violate the privacy, personal dignity or individual rights of either the caseworker or the client and/or his family and personal acquafnteuances. 5. Actions an Application. Unless an application is withdrawn, the c mat st make a decision concerning the applicant's eligibility within 24 hoursafter completion of the written application form together with all other forms required by the public Welfare Director. An application is considered withdraw if: (1) the caseworker is unable to omplete the interview, i.e., if the applicant refuses to cooperate with the caseworker. (2) the applicant dies before as istance is rendered (3) the applicant avails himselfof another service in place of general assistance (4) the applicant requests that his application be withdrawn when a decision has been made on a, application, the applicant will be informed (1) that assistance of a stated kind or tre will be granted, or (2) that the application: has been denied, with reasons for the denial. in the event of a denial, the caseworker, upon request of the applicant, shall forward to the applicant written confirmation of the decision together n with the reasons for denial. tSuch written confirmation will be within 48 hoursafter the date of the request, to the applicant's last know address. The caseworker will mike appropriate record of his decision, with reasons. casew an ec haeon If licant confirm ation of the caseworker's dechis comm is requested by the applicant or his representative 8a copy of this communication will be placed on recon. D. ELIGIBILITY GUIDELINES The following me a to be employed by the caseworker upon receipt of the written application determining eligibility to receive s general assistance in the City of Bangor. Nothing herein shall he construed as necessarily prohibiting the granting of emergency assistance as provided in these guidelines. 1. Age. Age shall be a factor in considering eligibility to receive general assistance, No pe[ under the age of 18 years, unless emancipated, will be eligible to receive general assistance. 2. Residence. eOnly residents of the City of 3ango[ s defined herein, shallhallbellgible for general assistance under these guidelines. 3. Liguid Assets. No person owning assets easily convertible into ash, including but not limited to bank deposits, stock, bonds, certificates of deposit or other marketable security, r life with a ash surrender value will be eligible for general assistance. e In those cases where the need for relief is determined to exceed the cash value of such liquid assets, general assistance may be granted for any remaining difference. 4. Tangible Assets. No person owning tangible assets not oily liquidated and other than the tools of their trade, livestock, equipment used for production of income, o ordinary household goods exceeding $250 aa in value or n tomobilewi Nin the limitations provided f subsection (a) below shall beeligible for general assistance. Hownever, in emergency situations the assetsscaorker may gra assistance to per owning tangible In a of the above limitations. The caseworker will advise the t client to all such tangible sets into cash tobe used for the support of himself and his family. Failure to meet this requirement may be grounds for denial of assistance upon reapplication. No person will be eligible for general assistance in those c where the tangible assets are given way or transferred for lees than full value for purposes of qualifying for assistance under these guidelines. a Automobile Censorship. No person owning an automobile shall be eligible for general assistance. However, the ownership of one automobile under the veins of $1,000 by an applicant r his dependents will not make the applicant ineligible for general assistance in those situations where the vehicle is essential i employment or is necessary to obtain medical treatment. b. Insurance. No per owning any type of ins shall be eligiblefor general assistance, except as follues: 1. any applicant for general assistance will not be denied where such insurance is available to the applicant or his dependents on a non-contributory basis, and 2. when insurance is required as a condition of employment. 5. Real Property. No person Owning Teal property shall be eligible for general assistance except as follows: e The Public Welfare Departnant may provide emergency assistance upone ceipt of the initial application to personsowning real as care other than their home. However, continued for any type of assistance will depend upon the applicant making sable effort to dispose of such Teal property at fair market value. b. Mare the applicant owns real property i which he makes his home, he sdall be eligible to receive general assistance, provided that the cost of mortgage payments, taxes, insurance, and maintenance do not exceed the amounts available for shelter under these guidelines. All real property of any recipient, whether occupied by the recipient or otherwise, will be subject to remedial fiction by the City of Bangor for reimbursement of the amount of assistance granted. 6. Re¢ietration with Hain Bmeloyment Security Commission. Every member of the applicant's household receiving general assistance from the Public Nelfare Department must register with the Maine Employment Security Commission within can week after initial receipt of general assistance o emergency assistance. Failure to so register may be grounds for denial of additional relief. This requitement will not apply to any recipient or his dependents who are. a. Gainfully employed; or It. ❑ years of age or under; o c. 18 years of age add older and who are regularly attending a high school or other pre -college training; o d. double to work due to illness or disability; o e. Required in the home because of illness or disability of rather member of the household; o f. Over the age of 18 years and caring on a full-time basis for a child under the age of 6 years, provided that said recipient 1s not compensated by the child's parents or by other sources for such services; or g. 62 years of age or older. z Employment. a. No person who is gainfully employed shall be eligible for general assistance except as provided in these guidelines. A person who is gainfully employed will be eligible for general assistance where the hone ehold inc two and assets e insufficient to meet necessary expenses as provided in these guidelines. b. All recipients of general assistance add their dependents, except those persona exempted from registration with the Maine Employment Security Commission as provided above, will beconsider" available for employment. Any applicant refusing employment, voluntarily quitting employment or voluntarily using his employment to be terminated by his employer, will not be eligible for general assistance. E. INDIGBN" FORMULA The Laws of the State of Maine require ail municipalities to assist those persons, otherwise eligible, In c r where they a . in distress and standing in need of immediate relief." For purposes of treating all applicants fairly and equally, and discouraging frivolous use of income, seta and other available resources, the folLwing formic Is will be used by the caseworker In considering the applicant's eligibility for general assistance. A -B -(C -D) A- maximum meant available for the household from the general assistance program in any one month B• basic standard for general assistance for the house- hold. This figure will be computed by multiplying the comber of members in the household by '$40. In cases where medical assistance is necessary, the basic standard will be determined by multiplying the comber of members in the household by $45. C- household inc me D- household shelter expenses All determinations of amounts available for general assistance will be computed on a monthly basis. For purposes of this formula, Income will include all earned Income plug income from otter sources less all deductions for liquid assets and liquidated tangible assets. Von household income will be computed in accordance with the following definitions: (1) Earned Income. Income in cash or kind earned by the applicant or recipient or members of his household through wages, salary, commissions or profit, whether self-employed or an employee. Rental income and prof¢ts from produce sold are lv this category. With respect to self-employment, total profit is arrived at by subtracting business expenses from gross income. When Income consists of wages, the amount computed will be that available after income taxes, social security, and other payroll deductions as required by state, federal or local law, are deducted. c wages that are trusteed, or income similarly unavailable the applicant or his dependents will not be considered. (R) Income from Spouse or Support from Relatives. If husband and wife re both employed, income actually available to the applicant or recipient and depend- ents are to be included. Contributions from relatives will be considered as income mLy If actually received by the applicant or recipient. (3) Income from Other Assistance or Social Insurance Programa. State Cate- gorical benefits, MSDI payments, social security payments, and vA benefits, unemployment insurance benefits, and payments from other 12 govenmental or private sources will be considered as income. (4) Court indexed Support Payments. Alimony and child support payments will be coniidered income only if it Is actually received by the applicant or recipient. (5) Income From Other Sources. Payments from pensions and trust funds will be considered Income. Any Income actually available to the applicant or recipient from members of their household, whether or not they are related by blood o marriage (for example, boarders or ledgers) will be considered income. (6) Earnings of a Child. The earnings of any child under the age of 14 yeaswill not be considered ea income under these guidelines unless that child In fact makes a regular and substantial contribution to the support of his family. For purposes of this formula, household shelter expenses shall include all expenses actually incurred for real, fuel and utilities. Household shelter expenses will be limited under these guidelines in accordance with the following schedules: BASIC MAXIMUM BRNTAL ALLOWANCE (Per Month for Unfurnished Apartments or Dwelling Units) Number in Household Unheated Heated L Shelter or Board 6 Room 2-4 $70 $110 5-9 $80 $130 8-10 $90 $150 MAXIMUM GRANT FOR UTILITIES Number in Household Maximum Allowance 1-4 $y 5-9 $9 MAXIMUM I= ALLOWANCES, ADdU5TED SEASONALLY (Includes fuel for heating and cooking) (a) November 1 - May 30 Type of Fuel Number of Reopen Rage Oil Furnace OIL 1-4 $40 $40 5-9 $50 $m (b) June 1 through October 31 Type of Fuel Number of Roane Range Oil Furnace 011 1-4 $10 No allowance 5-9 $20 No allowance Phe following are examples of situations. using this formula: (1) Family ineligible for relief: A family of 6 persons having a total household income of $346 and household shelter expenses totaling $100. A=240-(346-100)-240-246- )6, .a (2) Family eligible for relief: A family of 6 persons having a total household income of $234 and household shelter expenses totaling $126. A-240-(234-126)-240-108-132 F. ALLOCATION OF M(ONNTS AVAILABLE FOR RELIEF When it is determined that there are amounts available for relief in accordance with the above formula, the caseworker shall further allocate such funds for nonpostponeable items is accordance with the following schedules, Priorities for such expenditures will be determined in the following order: (1) food (2) household supplies and personal care items. Food allocations shall be made in accordance with the following schedule: FOOD Number is Household Maximum Food Order (Weekly Baste 1 $12 2 $18 3 $24 4 $30 5 $36 6 $42 y $48 8 $54 9 $60 Household supplies Shall include, but not be limited to, such items s brooms, light bulbs, fumes, kitchen utensils and the coats of maintenance and servicing of appliances and facilities. Personal care items shall include, but not be limited to, amp, toilet paper, toothpaste, rumba, haircuts and dry cleaning, but shall not include cosmetics. Monthly allowances for house- hold supplies and personal care items Shall be computed in accordance with the following schedule: MONTHLY HOUSEHOLD SUPPLIES AND PERSONAL G4RR ITIMS Number in Household Maximum Amount of Order 2 $5 3-5 $) b-10 9 In addition to food and household supplies and personal ca e item, medical, dental and eye a clothing and burial expenses my be provided if absolutely necessary. Medical, dental and eye services will be provided onan emergency basis. Except i unique Situations approved by the Public Welfare Director, the caseworker will not approve dental expenses other than tooth extractions. The caseworker my 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 ant school clothes are needed in the fall; where fire or other crisis has destroyed the applicant o recipient's clothing; where unusually cold Bather makes extra clothing aimmediate necessity; if special clothes are needed for the applicant's employment. Before o assistance will be de for clothing, the caseworker moat be satiefiec that the applicant has taken maximum advantage of all church add civic organizations o other sources in the community that make law coat orfree clothing available. 22 MRSA ®4476 taken provision for burial of destitute persons found In the municipality. These burialservices will only be provided i instances where Mere isno other person or agency to perform the function. Poor veterans honorably discharged from the service may be buried a municipal expense with reimbureement by the State. However, the cost of burials for veterans is not c mu exceed $360 and st be i me tery not used exclusively for the burial of the poor. If a deceased person had social security, that payment will be three t--mex the monthly benefit. If the person had both socials urity and old age assistance from the State, the combined lump sum payment should cover burial expenses. If neither relatives nor other private persons, the State ort other a will cov the entire burial expenses, the City will pay up to $360 for burial, with s an additional payment fora lot in the least expensive section of one of r local c me series. The Public Welfare Director will make all necessary funeral and burial arrangements. G. EMERGENCY ASSISTANCE On occasion unique circumstances day Leah the caseworker to conclude me that assistance In forand amounts other than those enumerated herein in nessary and justified. Examples of such circumstances include, but are motcecircumstanceslimited to: 1. Victims of fire and other natural catastrophes R. Persons or fam111ea stranded for reasons beyond their antral in the City of Bangor 3. Persons requiring food in of the allocated under these guidelines because of special dietary problems. Such emergency, assistance will be granted only upon the specific approval of the Public Welfare Director. The caseworker orker shall note the fact that emergency assistance has been granted in the client's case record, and the baste upon which it was given. Normally emergency em assistance will be granted on a one -tine basis. Any further relief shall be granted in accordance With these guidelines. 16 H. REVIEW MOCEDURE 1. Right to Review. Any applicant or recipient has the fight, in accordance with these guidelires, after notice of a decision by the caseworker, to request review of that decision where he believes that proper consideration has not been given to all circumstances surrounding his desire for assistance. Such requests may be made by the authorized representat Lve of incapacitated applicants or recipients. 2. Method of Wtaining Review. A. To initiate the review process the claimant need only make clear expression to the caseworker within 48 hoc after notice of the orker s decision the application that he isdissatisfied with the decision and desires a review of the sam by the Public Welfare Director. Ansoon s is reasonably possible, the Public Welfare Director shall review the c caseworker's giving both the claimed and the caseworker full opportunity to present their positions on the case. Therwill be aou conducted infernally in respectful of the rights andadignity of all involved. Within 48hou manner such review the Director shall inform the caseworker and claimant of his decision. His decision shall be limited to a determination as to (1) whether the caseworker's decision hoe been made in accordance with these guidelines; and (2) whether the claimant my receive emergency assistance as provided herein. B. Any claimant, who believes that proper consideration has not been given to all cLrousastances surrounding his desire foraistance by the Public Welfare Director pursuant to Subsection A above, my seek further review by a three-member committee of the Bangor City Council established fors uch purposes,c® To obtain a review by the Council cittee, the claimant willneed only make a cleat expression[the Public Welfare Director within 48 hours after notice of the Director's decision that he (the claimant) is dissatisfied with the decision and desires a review of the s me by the Council committee. The Director shall idiately make available a printed fox requesting a review by the committee and will assist the claimant in mspleting it if n xen necessary. on the printed fathe claimant will give the following infatuation: 1. The decision on which review is a ought' 2. The reasons for the client's dissatisfaction and the chrome Lances he believes entitle him to a different decision( 3. The relief he seeks. The Public Welfare Director cannot deny or dismiss a request for a hearing before the Council committee unless it hoe been expressly withdrawn by the claimane. The request will be considered withdrawn if the claimant: 1. Gives written expression of withdrawal: o 2. Abandons the request (for example, by failing to complete the form to request review or by failing to appear at the hearing) Upon receipt of the request the Director shall arrange for the review to take place, taking foto consideration the convenience and needs of all concerned. The Director will inform the claimant of the review procedure, 'c together with the date, time and place of the proceeding. All review by the Council submitted WILL be conducted in accordance with the following: - 1. The proceeding will be conducted privately and open only to: a. the claimant, witnesses and legal counsel b. the Public Welfare Director and his caseworkers, the City Manages witnesses, members of the City Council other than c®ittee members, and legal counsel 2. The proceeding will be conducted informally, without technical rules of evidence, but subject to the re- quirements of due process. 3. The review will be opened with a presentation of issue(s) by the co®iteee classifiers. 4. After the presentation of issues, the claimant shall present his position with the aid of legal counsel or witnesses, if he so devices. 5. The public Welfare Director and/or his caseworkers shall then. present their position with the aid of legal counsel or witnesses, if they ea desire. 6. All participants shall be given an opportunity to. a. Present oral or written testimony or dtenementary evidence; b. Offer rebuttal; I. Question witnesses on matters sensors to the issue at hand; d. boasting all evidence presented at the hearing. ]. Thecommittee's decision shall be determined solely upon the evidence presented by all parties at the proceeding. said decision shall be incordan with these guidelines and the general law relating to granting of general assistance. Upon completion of the proceeding the coassittee shall prepare 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 guide- lines relating to the co®ittee'a decision; 4. The Co®ittee's decision add the reasons for it. Copies of the notice of decision will be provided forthwith t the claimant, the hearing record and the case record maintainted by the t Public Welfare Dire The notice shall also state that if the claimant s dissatisfied with the co®ittee's decision, he may seek judicial review under Rule 80B, Maine Rules of Civil Procedure.To obtain such review he must bring his actio circuses cires tenses within 30 days of Ieceipt of the comwittee's decision.