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Home My WebLink About2011-07-11 11-236 ORDINANCEItem No, -i 236 Date: July 11 2011 Item/Subject: Ordinance, Amending Chapter 134, General Assistance Program of the Code of the City of Bangor by Revising Review Procedures Responsible Department: Legal Commentary: If approved, this Ordinance amendment would update and revise the appeal procedure for applicants who are denied General Assistance by the Bangor Housing and Community Services Division. Under State law, the City is required to provide an appeals procedure within five business days of receiving the written appeal. Currently, the appeals board is comprised of the City Council's Personnel Committee. Given the need to quickly convene these appeal hearings and due to scheduling conflicts that can occur with Councilors, The proposed ordinance revisions would more closely align the City's General Assistance appeal procedure with State Law and designate the following staff positions to serve as the Fair Hearing Authority including: The Assistant City Manager/Human Resources Director, the Finance Director and Assistant Director of Community Development. The City Manager and the Housing Rehabilitation Specialist would serve as Alternates. This has been reviewed by the Government Operations Committee and unanimously recommended for approval. Associi Information: Ordinance, Barkgroun ! Memorandum Department Head Ohy Manager Finance Director QPM Inhuduced for Passage x First Readinii Page _ of _ Referral Assigned to Councilor - Inango July 11, 2011 CITY OF BANGOR (TITLE.) Ordinance, Amending Chapter 134, General Assistance Program, of the Code of the City of Bangor, by Revising Review Procedures WHEREAS, the City is required by state statute W provide a fair hearing for anyone aggrieved by an action or failure to act regarding their application for general assistance; WHEREAS, the appeal requirements laid out in stable require the City to act very quickly in scheduling and deciding appeals; WHEREAS, the current procedure laid out in City ordinance for general assistance appeals is Cumbersome or differs from state statute in some areas, leading to potential problems for both the City and the applicant; NOW, THEREFORE, BE IT ORDAINED BY THE CRY COUNCIL OF THE CITY OF BANGOR THAT, Chapter 134, Section 13429 of the Code of the City of Bangor be amended as follows: § 134-29. Review procedure. A. Rights to review. Any applican /recipient aggrieved by a decision, act, failure to act or delay in action concerning his/her application for general assistance under these guidelines shall have the right to appeal. If a person's application has been approved, there shall be no revocation of general assistance during the period of entitlement untl that aladicarit/recipient has been provided notice and an opportunity for hearing. B. Initiation of appeal. (1) To rearrest an appeal, the aggrieved person spa# Migg; file a written request for the same with the Health and Community Services Department wipiia-five (a) .With'n add d f 'd der.) t f d red inn or termination of asystance; or (b) .Wfthintenwcrkm daysafter any other act or Rance tm act lay the I Itv win regard to an appicationfor assistance. (2) The written request for an appeal must include the following information: (a) The decision, act, failure to act or delay in action for which an appeal is sought. i I IB CI1C. Jolt' I11 2011, 2011 First Beadlog # 11-236 CIPY CLB� OBBLBWA(:e (mom >a Matter lu,Oeu'ral Assistance IN MW COUNCIL Pro ram of the Code of the Citi of Bangor, by July 25, 2011 Notion Made and Seconded for Passage c•w=fye Review Procedure Vote: B -o Councilors voting yes: Blanchette, Bronson. Burgle, 6ateick. Lomas. Nealley. Palmer 6 Wastes ay4oppl Cgonylw V`/W.l Comers Voting No: Noun Councilors Absent: Bases Passed II 136 (b) The reasons for the aggrieved person's dissatisfaction and the circumstances he/she believes entitle him/her to a different result. (c) The relief sought by Me aggrieved person. C. Rotation review by the Director of Health and Community Services. (1) Upon receipt of a written request for an appeal, Me Director of Health and Community Services shall schedule a conference with the aggrieved parson and the caseworker involved, at which mnferenam both persons shall have full opportunity to present their positions on the case. The Directors review shall be conducted informally in a manner respectful of the rights and dignity of all involved. Witnesses may be called and evidence may be presented at the conference. Subsequent M he conference, the Director shall inform the caseworker and the aggrieved person of his/her decision, in writing. The Director's decision shall be limited in a determination as to whether the caseworker's decision has been made in accordance with Mese guidelines and pertinent state statutes and whether the aggrieved person may receive emergency assistance as provided in Mese guidelines. At no time shall the Director conduct a review of any case In which he/she was directly responsible for the disputed action. (2) The Director of Health and Community Services shall endeavor to conduct his/her review as expeditiously as possible to Mclifate the fair hearing before the fair hearing efReas a rl . (3) The Director may not deny or dismiss a request for a fair heamrg unless it has been expressly withdrawn by Me aggrieved person or unless the relief sought was granted to said person by the Direcror subsequent to one fling of a written request for an appeal. D. Time for fair hearing. Pursuant to the requirements of 22 M.R.S.A. § 4322, Me requested hearing shall be held by the fair hearing efficer(a)ua fhori(y within five working days following the receipt of the written request for an appeal. Tie sewdulaRg el�Nie we ing shall talke Me so Is de was I III caramn ence and needs of a" .The Director shall inform the aggrieved person of the review procedure and the date, time and place of the fair hearing. E. Fair hearing effieem autlaorl y. All appeals under these guidelines shalt be heard by ft fair hearing act'._=- g+IIhowty who shall consist of Me Assistant CM Manana the Finance Director and the Assistant Communkv Development Director. esawlished her w& purpose: The City Maneuver and Me Housing Rehabilitation Smdalist shall serve as the first and second'n authority mly .A majority of ttre members of said committee shall constitute a quorum for the transaction a business, but a smaller number may adjourn a meeting hum one time to another. F. Conduct of hearing. Ali reviews by the Gwim Gommvee far hearing author'will be conducted in accordance with the fdlowing: (1) The proceeding will be conducted privately and openly only h: (a) The aggrieved person, his/her witnesses, and legal counsel or other sooke=_cerson. (b) The Director of Health and Community Services and his/her easew0 lee 9 staff and witnesses Me City Manager, , - ..:. her t.a.. C-aamiHee-member and legal counsel. 11 236 (9) Legal counselfo Me fair hearm autiturrily. (2) The proceeding will be conducted informally, without technical rules of evidence apart from tbk gandard set in 5 M.R.S. 6 905)9) but subject: W the requirements of due process. (3) The review will be opened with a presentation of issues by the ^--- the, GPa, 9 -r ffpa hearm autharitv or Rs 1�al counsel. (4) After the presentation of issues, the aggrieved person shall present his/her position with the aid of legal counsel or other spokesperson and/or witnesses. (5) The Director of Health and Community Senrices and/or his/her tusewe I ers 4taff shall then present the position of the Health and Community SeMces Department with the aid of legal counsel or wmiesssses. (6) All participants shall be given an opportunity to: (a) Present their and witnesses oral or written testimony or documentary evidence. (b) Offer rebuttal. (c) Question all witnesses pi2ssntetl at the hear na e Panel. (7) The Committee's decision shall be determined solely upon the evicence presentetl by aP parties at the pmeeed'mg hearing. Said decision shall be in accordance with these guidelines and the state statutes relating to granting of general assistance. G. Decision. (1) Upon completion of the fair hearing, the Cama "vtee fair hearing authority shall, Ylthm.;we weddmr9ay, prepare a written notice of its decision which will contain the following information: (a) A statement of the issue(s). (ebb) Pertinent provisions of the general law and these guidelines relating W the Committee's decision. *0 The Committee's decision and the reasons for rt. (2) Copies of the notice of decision will be Provided ferthuath thin five working da f the hearing to the aggrieved person. (3) When any decision by a fair hearing authorliv or court authorizinal assistance is made,that assigA= Must be rovMetl within 24 h 11 236 H. wrther appeal. Further appeals may be taken from any action or failure to as of the f Rlrn Ree fair hearhearno authori or the Director of Health well Community Services, by any party, to the Superior Court In accordance with Rule MB of the Maine Rules of Civil procedure. The aggrieved person shall be notified of his/her right to such an appeal. L The city Mall make a record of the Lir hodan. Ibc atvs oblioation<aelpino a to tl record of the heanno. Costs for preparing any transcripts which are required to pursue an appeal of the Eammlttee's fair hearino authority's decision shall be paid for by the applicant. i I IB CI1C. Jolt' I11 2011, 2011 First Beadlog # 11-236 CIPY CLB� OBBLBWA(:e (mom >a Matter lu,Oeu'ral Assistance IN MW COUNCIL Pro ram of the Code of the Citi of Bangor, by July 25, 2011 Notion Made and Seconded for Passage c•w=fye Review Procedure Vote: B -o Councilors voting yes: Blanchette, Bronson. Burgle, 6ateick. Lomas. Nealley. Palmer 6 Wastes ay4oppl Cgonylw V`/W.l Comers Voting No: Noun Councilors Absent: Bases Passed