HomeMy WebLinkAbout2009-12-14 10-030 ORDINANCECOUNCIL ACTION
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Date: December 14, 2009
Item/Subject: Ordinance, Amending Chapter 134, General Assistance, of the Code of the City of
Bangor, to Provide for Staff Approval of Statutory Increases in General Assistance Amounts
Responsible Department: Health and Community Services
Commentary:
Maximum levels of assistance under the City's General Assistance program are set annually by
the state and adopted into the City's General Assistance ordinance. Each year's new maximums
are typically released only days before they go into effect, making it very difficult for the City
Council to adopt them into the ordinance quickly enough.
Drawing from a system Portland already has in place, this ordinance amendment would allow
Health and Community Services staff to keep the General Assistance program maximums in line
with the State amounts. The Council will no longer be required to address what is essentially a
bookkeeping matter.
The amended ordinance also includes a number of minor changes meant to reorganize and
clarify.
Manager's Comments:
• �, r Ai • !lo
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
X First Reading
X Referral to Government Operations, 12-15-09 @ 5 p.m.
Department Head
City Manager
Finance Director
.00
City Solicitor
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`+DF. B?N� Assigned to Councilor -Wheeler December 14, 2009
CITY OF BANGOR
o`t�fe
R4iED. FE r -
(TITLE.) Ordinance, Amending Chapter 134, General Assistance, of the Code of the City of
Bangor, to Provide for Staff Approval of Statutory Increases in General Assistance
Amounts,
WHEREAS, the City is required by state law to revise General Assistance maximums once
every year to conform to certain amounts set by statute;
WHEREAS' each year, those maximums are published by the State only a few days before
the City is required, again by the State, to have them enacted into law by
revising the City's General Assistance ordinance;
WHEREAS, amending the City's General Assistance ordinance to provide for staff approval of
the maximums will allow for their timely approval; and
WHEREAS, certain other, minor changes to the General Assistance ordinance will enhance its
clarity;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Chapter 134 of the Code of the City of Bangor, General Assistance, is hereby amended as
follows:
§ 134-26. Deficit formula; unmet need formula.
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A. (-) The deficit formula will be calculated by taking the overall maximum and subtracting
income minus actual work-related expenses (if any) and adding in any unaccounted-
for income.
W1 If there is no deficit and no emergency is determined to exist, assistance will be
denied.
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(2) In cases where there is a deficit, an unmet need formula will be calculated by
determining the actual cost of basic necessities up to the maximum levels established
by this chapter for each need category and subtracting the income, minus actual
work-related expenses (if any), and adding in any unaccounted-for income.
(3) An applicant may be granted assistance up to the lesser of the two amounts so
determined.
(4) In case of an emergency which could not have been averted, a determination must be
made as to whether or not all income has been used on basic necessities and that
there is no other source available to assist with the emergency. If all of these
conditions are met, assistance may be granted to alleviate the emergency.
B. Earned income. Earned income shall consist of income in cash or kind earned by the
applicant or recipient or members of his or her household through wages, salary,
commissions or profit, whether self-employed or as an employee. Rental income and profits
from products sold are in this category. With respect to self-employment, total profit is
arrived at by subtracting business expenses from gross income, when income taxes, social
security and other payroll deductions which are required by state, federal or local law are
deducted.
C. Income from other assistance or social insurance programs. State categorical benefits,
supplemental security income (SST) payments, social security benefits, veterans` (VA)
benefits, unemployment insurance benefits and payments from other governmental or
private sources will be considered as income unless specifically prohibited by any law or
regulation. Any applicant who forfeits receipt of or causes reduction in benefits from
another program because of a knowing and willful violation of a program rule is ineligible to
receive general assistance to replace the forfeited assistance.
D. Court-ordered support payments. Alimony and child support payments will be considered
income only if they are 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 a child. The earnings of child under the age of 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. If an applicant receives a lump sum payment, that payment must be
prorated over future months. The period of proration is determined by disregarding any
portion of the lump sum payment that the applicant/recipient has spent to purchase basic
necessities, including but not limited to all basic necessities provided by general assistance;
payments of funeral or burial expenses for a family member; travel costs related to the
illness or death of a family member; repair or replacement of essentials lost due to fire,
flood or other natural disasters; repair or purchase of a motor vehicle essential for
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employment, education, training or other day-to-day living necessities; and payment of bills
earmarked for the purpose for which the lump sum is paid.
(1) The period of proration is then determined by dividing this total by the greater of:
(a) The verified actual prospective thirty -day budget for all the household's basic
necessities; or
(b) By 150% of the applicable federal poverty guidelines.
(2) The prorated sum for each month must be considered available to the household for
12 months from the date of application or during the period of proration, whichever is
less.
(3) Notwithstanding any other provisions of law, the City of Bangor shall have a lien for
the value of all general assistance payments made to a recipient on any lump sum
payments made to said recipient under the Workers Compensation Act of the State of
Maine or similar law of any other state.
(4) All applicants who receive general assistance while receipt of their supplemental
security income (SSI) assistance is pending or suspended and which therefore may be
retroactively issued to the applicant at a later date will be required to sign a statement
on a form distributed by the Department of Health & Human Services that authorizes
the social security to direct a portion of any retroactive SSI payment to the City of
Bangor and/or the state in repayment for the general assistance granted. Any general
assistance applicant who has applied or who may be applying for SSI or who refuses
to sign such an authorization will be found ineligible for general assistance until
he/she provides the required signature.
(5) For good cause shown, an applicant's deficit may be consolidated and applied to
housing costs (rent, utilities, heat, etc.) in an amount greater than the maximum
specified. Whether there is good cause shown will be assessed on a ease -by -case
basis and shall be the exception rather than the rule.
H. Excludable income. Excludable income includes:
(1) Real or personal income-producing property, tools of trade and governmental
entitlement specifically treated as exempt by state or federal law.
(2) Actual work-related expenses, whether itemized or by standard deduction, such as
taxes, retirement fund contributions, union dues, transportation allowance to and from
work, special equipment costs and child-care expenses.
(3) Earned income of children below the age of 18 years who are full-time students and
who are not working full time.
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I. 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, workers' compensation,
unemployment compensation, TANF, SSI, etc.
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 in the household will be
considered in determining need under the deficit/unmet need 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. Other unrelated person(s) living in the home. When any other unrelated individual is
residing with the applicant, certification must be made of the entire household, and the
income and assets of all members of the household will be considered available to the
applicant unless the applicant can prove otherwise. When it is proven by the applicant that
he or she and the other unrelated individuals residing in the household are sharing
expenses equally and are not pooling income, each such individual will be treated as a
freestanding household.
M. Eligibility. An applicant's eligibility will be based on his/her total income and 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.
AN. Deficit formula assistance.
(1) In order to receive assistance tinder this section the applicant must be maintaining
his or her own household,- have a need deficit under the deficit formula an tis II
other eligibility rules and regulations set forth in these guidelines.
(2) All persons requesting general assistance in the City of Bangor must use their own
income trch se basic necessities. For the purRoses of this section, rent will be
considered the primary basic necessity, and clients making other than initial
applications will be expected to expend their available income on paying the rent prior
to applying for assistance.
(3) Except for initial applicants recipients are not eligible to receive assistance to replace
income that was spent within the thirty -day period prior to the application on goods
and services that are not basic necessities.
(4) The income not spent on goods and services that are basic necessities is considered
available to the applicant.
Apalications for assistance under this section must be processedwithin 24 hours of
the date of application Decisions 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 submission of the application
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§ 134-27. Amount of assistance.
A. Eligibility undeF all aheF emeFgene� PFeYiSiOnS ether than these eeyeFed by � 134 5(G)
this Gede shall be deteFmined by these Fegulatiens.
$A. The overall maximum levels of assistance shall be periodically adjusted to conform to 22
M.R. .A. § 4 -B s 12ublished annuallyin the Maine Municil2al Association's General
Assistance Ordinance Appendices A copy of the maximum levels of assistance shall be on
file in and available from the City's general assistance office.
1....4e'd Size,
TWGT- Feed-, Heasing�
Weekly Menthl Week!
TOJlg,*
enthli
E)YeFall
1' aAMUFI }
I
$46.5i $ 00 $118.84
$544
$574
5 $130-23
$646
$666
3
$122.33 $526 $191.86
$8-2-5
$558
4
$15 $668 $
$
0,989
6
$154.42 $793 $255.80
Oiioo.2
'3i5
$93.20 Ref
$75 p
-7
$244.65 $1,052
person
peFsen
8
$279:53 $1,2
e
peFsen
§ 134 27.1. Rental .
AB. Rent tied te apaftment size. Rental assistance.
W The level of weekly and monthly rental assistance is based on the size of the
apartment occupied by eligible clients. The maximum amount of rental assistance
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based on apartment size shall be as-fellews= periodically adjusted to conform to the
fair market rents promulgated by the Department of Housing and Urban Development
for the Bangor Metrol2olitan Statistical Area. A copy of the maximum levels of rental
assistance shall be on rile in and available from the City's general assistance office.
ApaNtment Size Rent, Weeks Rent,
5 $4042
Effleieney 0 i8.37 $509
Onebedreem $ 37.99 $593
Twe-bedreern $176.04 $7W
Three 4...d Feem $223.72 "62
FeUF bedFeeFn $252-56 $1,086
Five-bedFeem $299.23 $1,248
U Shared apartments. In the event that two or more persons share the rental of a single
dwelling unit (not including rooms in rooming houses), the weekly or monthly
maximum rental assistance rate allewable undeF this seetien shall be derived by
dividing the maximum rental rate in Subsection AB1 by the number of renters in the
dwelling unit.
E M Landlord responsibilities.
(4) (M Landlords renting units to individuals receiving general assistance are responsible
for accurately completing and updating the rental voucher request forms. The
Director of Health and Community Services is authorized to require landlords
renting to individuals receiving general assistance to provide such information as
the Director may require to ensure that the appropriate level of assistance is
being provided and that the unit rented complies with all applicable City codes.
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(2) (b) The provision of incorrect or false information by a landlord on a rental voucher
request form shall constitute a civil violation. Upon conviction, the minimum
penalty for intentionally providing false information or failing to update
information on a voucher request form shall be $500, provided, however, that
when it can be shown that there has been a previous conviction of the same
party of this same provision within the last two years, the minimum penalty shall
be $2,500 but shall not exceed $25,000. All fines collected hereunder shall inure
to and be recovered by the City of Bangor.
§ 134-28. Assistance categories.
A. There are two categories of assistance which are administered by the Health and
Community Services Department under the General Assistance Program: deficit formula
(SubseE ien A§_134-26) and emergency assistance ( this section).
Eliqibilitv under all emergencv provisions other than those covered by � 1.14-5(0oof this
Code shall be determined by this section.
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B. Emergency shelter.
(1) The Health and Community Services Department is authorized to provide temporary
shelter (in shelters operated by the City) for persons who, by reason of special
emergency, are stranded, homeless or victims of family violence. Individuals and
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families housed in City -run shelters must qualify for general assistance. The length of
time authorized in the shelter shall not exceed 30 days. An extension may be granted
if circumstances warrant, and upon completion of an application for General
Assistance. Such circumstances may include, but shall not be limited to, delay in
application of categorical assistance, loss or delay of monthly benefit checks, etc.
Individuals will be eligible for admission to shelter once in any 12 months. Exception
to this rule may be made where verifiable circumstances warrant.
(2) General assistance funds may be expended to house eligible individuals and families
in private not-for-profit shelters located in the City of Bangor, provided that the shelter
has entered into an agreement with the City to provide such service. Eligibility will be
contingent upon full general assistance application being taken within two working
days of admission to shelter and general assistance eligibility being established.
C. Minor children. At times it might be necessary for the Health and Community Services
Department to assist minor children whose needs are not being met by their parents.
Reasons for this might include, but shall not be limited to:
(1) Disqualification of the head of household for quitting employment, failing to register
for employment or refusing to participate in the workfare program.
(2) Failure of a responsible relative to provide necessary support.
D. Excessive assets. At the time of an initial application, an individual or family may be
assisted even though it has excessive assets if an immediate need can be established.
Continuing assistance will be contingent upon the applicant making a good faith effort to
convert the assets into available funds to be used to purchase basic necessities.
E. Burial. The Health and Community Services Department shall provide for proper burial of
indigent persons, provided that the total burial costs do not exceed $1,340 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 Health and
Community Services Department will apply all moneys available from other sources toward
the total burial costs. The allowance for full-service burials and cremations under these
guidelines shall include the undertaker's services, clergy, personal attendants, casket, vault
box, hearse and obituary. When required, a maximum of $345 may be paid for a liner. The
expense of opening and closing the grave will be considered an additional cost to be paid
directly to the cemetery up to a maximum of $225. The additional cost of a graveside
service will not be considered a covered expense under these guidelines. The maximum
payment for a direct cremation without other services may not exceed $1,000. The Health
and Community Services Department will not be obliged to pay for any burial expenses if
the Director has not approved such expenses prior to their delivery.
F. Oversupplementation of total requirements. For various reasons, it might be necessary to
assist an individual or family in excess of the amount established under the deficit formula.
Such assistance will be granted only for food, fuel, medicine, clothing and household items,
when such items are unavailable from any other source.
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G. 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.
Additions are underlined, deletions struck thFeugh.
IN CITY COUNCIL
December 14, 2009
First Reading and Referral to
Government Operations on
12/15/09 at 5pm
CITY CLERK
IN CITY COUNCIL
December 28, 2009
Motion Made and Seconded for Passage
Vote: 9-0
Councilors Voting Yes: Blanchette,
Bronson, Gratwick, Hawes, Nealley,
Palmer, Stone, Weston & Wheeler
Councilors Voting No: None
Pas
CLERK
#10-030
ORDINANCE
(TITLE) Amending Chapter 134, General
Assistance, of the Code of the City of
Rangor_ to Provide for Staff Approval of
cr9rlanry Increases in General Assistance
Amounts
Assigned to Councilor