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HomeMy WebLinkAbout2009-12-14 10-030 ORDINANCECOUNCIL ACTION . Item No... .il. 0, 0 3 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 A 030 `+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. .. . . . :. - -: No .. 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. A 030 (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 A 030 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. L0 VO 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 �O 030 § 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 A 030 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. 10 00 (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. _ - - ;_ _ ._ - - _ _11 1 - _ _. . .. .-..- - -- .11 URMS VM Is I - M.A.M a I -- -- -- -- - -- - - MA:AL-Init RL -1-1 MUMM- - - :- :- -- -: - ;- OMMOO-0-1101 11111111111111Lk Jut W-1 - - juw-: - _ - - ;_ _ ._ - - _ _11 1 - _ _. . .. .-..- - -- .11 URMS VM Is I - M.A.M a I -- -- -- -- - -- - - MA:AL-Init RL -1-1 MUMM- - - :- :- -- 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 .�0 030 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. 10 -1 0 0 "" 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