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.