HomeMy WebLinkAbout2006-02-13 06-080 ORDINANCEDale: 3-13-06 [tem No, 06 )SO
Item/Subject Ordinance, Amending Chapter 134, Code of the City of Bangor -General
Assistance
Responsible Department Heamh and WaHare
Commentary:
Commentary: The purpose of Chapter 134 is M provide the framework in conjunction with
State of Maine statutes and policies to deliver the General Assistance program to eligible
residents of Bangor.
While many of the changes reflect changes in the State's organizational structure, such as
DHS W DHHS and AFDC to TANF, there are other proposed changes updating the city policy
net are more substantive: Increasing the automobile allowance from Five Thousand Dollars
($5,000.00) In value m Eight Thousand Dollars ($0,000.00) in value. Allowing Flexibility in
allotting the state overall maximums to address higher than allowed housing maximums.
Department Head
Ir
Y A
OM
m..✓ V \.
Budget Approval:
Fln ceDimcior
Legal Approval
CRY sollp—
Introduced for
passage
Fired Reading �ryO d -/r{ -O6 S . M Page _of_
Referral w O4vw^"`^'I V� P
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Aarigndto Convcilor Alley February 13. 2006
CITY OF BANGOR
(TITLE.) ORDINANCE Amending Owpter 134 of the Ordinances of the City of Bangor—
General Assistance.
sy are atyCoundlo/the cnyofgangw:
ORDERED, MAT Chapter 134 be deleted in is entirety and replaced vvith Ube attached.
'IN CITY COUNCIL
pebt 13. 2006
pits$$//Needing 6 Deferred to
Gov§{�ment Operations
IN CITY COUNCIL
February 27, 2006
Notim Made sad Seconded
to Open the Public Nearing.
Public Nearing opened
Notion Made and Seconded
for Passage
Vote: I-0
Councilors voting yea: Allen.
D'Nrriea. Paaingtan..
Cratuict, Creme, Palmer.
Stane
Coumcllors voting nonoes
Councilors abstent:
Cas1. Namee
Pass
LSYs'tetu a'.
p 06-080
ORDINANCE
2vILE) Amending Chapter 136, of the Ordiaoca
the City of Aangot Oeoei Assistauce
code o[tbe CYty MBagor
ck4Pter 2S4 GmW Ademveee Progtem
$130.1. Declnadon ofpo4ty.
A. The City of Bangor analadmaista a pmgram of summit resistance available to all prions who
are qualified to rmeive i ecerd memories meccoName withrhe sranderds of eligibility m set
forth haemo. Applicaeooa will be aaepted during regular business hours from anyone who
expresses a desire to receive msinmce, and relief will be fumbled to those who qualify wition
bt hours of the date of alae submission of the eppliwtim.
B. Assistance in the City of Bangor will be provided oorani5cetiov periods nes w excud one
meant. In order m be eligible for sanatoria the appntcmt mora mad all eligibility requhements of
Hese guidalmoss. Eligibility for wsimawv will be determined in accmdmx with §130.10a
Mass guidelines. It is the polity of the Department not to make grate of M ah d'xtly to the
rwaipimts.
C. Every effort will be made by employees of the BuWia4LsWh and Welfare Departmeot to
recrgrize and encowege dignity,self-respect and One of
the Boils of the General Asanmce Program will W to assist each applicml ro aohievmg sel6
maiamavne and adequate social rasion. Ta incentive to work will be encouraged. An
impor1sW Eau ofthe general program will be thepteawadm and strenglbeoing oflhef ly
unit in ordain severe de rights of children to sound and healthy envimvmea conducive or
normal development.
D. 3b (IMend Assislawa pcogam will place no reelridion on the individual rights of My
applicant, nor will there be any discrimination based upon law, sen, religion and political
affi iation
E. Ta Asa Ibwslth and Wartime Deportment will take al reassemble steps to assume dust each
closet Is made aware of la slha rights and responsibilities under rte General Assistance Jsmgem.
Each applic ust will be evarusted individually, with fair and equal treamswn being guoranteed to
all applicants. Ary applicaa shall have due right to regoen a fair hearing of my daimon
wrwardng hiuba nest m assonance so accoNmces wild trese gwdetiva and 22 M.R.SA.
§ 4322.
F. As far as reasonably poadble, remakes; on an applications for maids se will be malls at the news
of application. Compress records will be maimamed, and all infarmetim given by clients must be
raogoiz 1 as privileged and coa-Wmdal. All dtiaions coneeravB the applicmds nine W
assistance will bc given in writing nesting the rensoru why assistance was granted ordarded
G. A rwtice will be posted in Me&d6a9r Jffiec of the Health& welfare Depamment stating
the hours and days that gs Gcnael Assistance will be administered. Ao updated
entry of these guidelines will be maintainedi fisr easy aaxss to my member
ofthepubfic.
H. A wny of these guidelines, warder with a copy of all application forms and notices, sell be on
file with the Commisaiova of Health& Hmesn Services. Any ammdmmt or modification of
areae Saideb es shall be subminedto the Commission fen oomment real filing.
4134-2. Uses nitiom
Unless oNuwisedefivd, all leers used hoiein will haveftar connnon memdvgs. Words andpinasen
bavhmg Venial defirdtions gal be defined wirer flay first appear In the guidelines, except as follows:
APPLICANT --A person who has expressed, by unions ofd wrihm application fans, either directly or
through an authorized represmtaM1ve, a desire to receive general assistance
APPLICATION --An action by whicha Amon indicates in writing to We FublicHealftand Welfare
Deparro mm dallier desire m receive gmeml wsismnm
APPLICATIONFORM-.Adoomtmtmaf prewaibedby We DhectmofHealthand Wafare
formalizing, in writing, fte appligm's desire to receive general assistance.
BASIC NECESSITY — Food, clothing, shelter,fuel,electricity, nmodective medical services
ammvmaed by a phystasq telephone where it is ngessary for medical rewom ad my other
commodity or service drummed essential by We Director of Heigh Welfare Basic nearesities do nM
include sanity deposits for rmlal pmpdy, except for theseemageacy situations whore not odor
permanent lodging is available unless a security deposit is paid.
CASE RECORDS --OtT iai files of forms, grtwpodwae and narrative records pertaining m fte
application, detr mivffiion of eligibility, reasons for deasiow and aciiona by thecesewmka or the
Drector of Both and Welfare and kinds ofasswance given each applicant.
CLAha9ANT -- Any applicant or recipient who has requested a fair Imaging.
DEFICIT --The dit'f resulting tram subtracting a household's net income from the overall
+m
for die appropriate howehold sae for a portaging municipality.
DES=rFE - m distress and standing in and ofimmediak relief.
DHtEC'IOR OF HEALTH AND WELFARE --Ihe municipal official decimated to rxave
applicaYow, w make dacisiors concerning a client's rigid to assistance and to prapare guards and
unicatlow concerning Standing a assistance. Ile Diceetm of Health and Welfie may delegate
such tasks to after employees of the Rakiio- Mth real Welfare Department (mseworkas).
DISABLED PERSON -- A poison who by reason of any incapacity of a physical or mental wtnre
verifiable by objective nastiest evidence is fhaefore gable W work or maintain a home.
DWELLMO IIIlff -- A building or pmt thereof used fmseperete living quercus for oar or mage persons
Irving w a single Iwusokeepivg mit.
EIv[EROENCY —Arty life-thremuung situation ora shooting beyond the comol of the individual which,
if not Ooniatd immediately, gWd reasonably be espxtd to post a threat to the health and safety of
person. If the applicant had su lident ivcomdresorrces to provide the basic necessities ceded to
anoints the nominates but chose to two it for aper than Inane nxatltiee, on ennargeney will exist for
general assistance purposes and flea applicant will net be eligible to receive assistmaem mmce that
mcomdresource.
os 080
GENERALASSISTANCEMOGRAM--Aservisadminisleredbyammdcipalityfortheimmediate
eN ofpersora who are unable to prtvWehebaeic vecessitia essemielm mewtaiuth .IvamNe'v
fampiee.
HOUSEHOLD -. An individual or a group ofini ividuals who share a dwelling unit When an appfimnr
shares a dwelling unit with one o more individual, even whet a Imdlord-twml Neaombip may exist
between iodividuek in a dwelling, eligible apphossuts shall rxeive asvetare s f r m more [luta a pro rata
stere of the actual casts of the shmd basic needs of that household scomili ig to [fie maximum levels of
syshree adaBshed fit time chapter. The imome of household members not legally liable for supporting
the household must be covsiderW as available to the applicant mly whet there is a pooling of income.
INCOME --Any form ofivcome in cash or wkind received by the househoM, including ver
renumearatim for service; psi i;cash nuovd to ether stturad or umsmed edit; any payments
received es son eotuity; rairemm[ or disability benefm; benefit under my state or federal categorical
asobstame program, supplemeNal security recreate (SS4 social security (SS) and any other paymems
from govemmW source, unless spsifically prohibited by suy law or regulation; smtoNered support
payments; income Gum pension or tmst fords; and household income from stay o%a source, itcludiog
relative m umelared household mernbers
LUST CAUSE —Just cause for failure to mat work mquimmems or the use of potential resources shall
be fount when there is reasonable sort verifiable eviderce of.
A. Physical or mmml flows or disability. -
B. Below -minimum wags.
C. - Sexusl baasment
D. Physical o metml inabi4ty to perfmr required job tyska.
E. Inability b work shred hours or to meet piecework statil .
F. Lackofnuupo m,tomd6 wokmna X
G. fusibility to awaege for vsswry child rare acme of mill or disabledbeauty member.
H. - Any reason found to be loosed cause by the Bureau of Employment Seomity.EN
1. Any otberevidence which is rssomble and appropriate.
LL1MP SM PAYMENT --A otaeGme or typically nortte un* seen of money issued to mapplicant m
recipient abs an tribal apphestim. Lump sum payment include, but is no brusted to, rmreerive or
setdemmt portions o£mclal security bemfirs, workers' compeusafim payments, uvsrploymmtbem5ts,
disalrility iremte, veteran' benefits, scemrcepeybemfils or money received fiom ivherihma, lottery
wrmmgs, peeroral mJuryawards, property damage claimsmdivorceaeblernenls. A lump sin payment
incl W es only live anmuR of money available to the appficmt after payment of rsNirai deductions has
bees mode form the grass Imp sum poymerd. Alump sum paynmt does not urclude conversion of
3
nunliquolmsomcew a hquidrmoume if me liquidrmomce Msbemused or is ivtmded to beused to
replace the comet resource m for mbm necessary expenses.
MMORCFHLD--Arrypmov who has twt analned dre age of l%Yems.
MUMCIPAMTYOFUSPONSIBILIN —The mnicipaBtywhich Uliable for the auppmt ofm
eligble prion m the time ofa lkimom
NEED-- The condition whmeby a pmon's imume, money. Pr y, coedit, assess or other resources
mailable topmvi Ie lsececessim fmdablindiby a ndtheivdividual's Gmily are lessrhm tM
overall maximum levels of aadstavm embBshed by this chapter.
NOTICE--Notice shall mvdhtle that reliefsha8 be [wrdshN or denied withiv 24 home ofthe
mbmissim of m applim W's bme5t request
REALESTATE--Anyland,buildings,homes,mobilehommandmyothmtbwpa xe wen Hand.
RECWPN'[ --A person who hesbcen found eBgble to receive %en«al assutmceundathe�e gWdetivm
by tM DirmtmofHealth and Welfare ornisNaaWLorizei assistant.
RESWENT--Aperaonwhohasmovedimoamunicipalnywithtbeimmtiouofrmafii*g that
mmdcipalityanda blish gahou id"whohenmotbmresidmce.
ROOMING HOUSE--Ahome Bcmed by We CitywM the landlord rents w persons mch ofwhom
pays the ImNmd fmniaha room althmg6 suchperaom maY share other faciliti®, anthers a badwmq
IiawBmmmkitchem
STUDENT --An individual oven des age of 18 yens wM is atnmfiy enrolled m apost-secondary
educatiomlahWninBhom not spmiSWlYdesig assisthim/her-sensingmsplo du
duringmr;. busiresa houm and.by virtue ofthio factEunavailable forfin1-time airyloymm during
tMaehoms.
UNEMPIAYAELE--Aniodividuslwho, l ughwo WtofhiNwrown ,averape Wofdi
dmomhared animaUai iamoremrelaing=ybemploymentwspite yable. meed diligent attempts
and rrymted efforts m tminin8 and rmalning may be comidemi mmPbYeble.
UNMETNEED--ThediHaereems tiMg msubo-a gal esu ld'sp jat thirty-Lynn
weme from the household's dWry-0ay rend, wnienia Ne sum oftM cpmt's actual whry-day expmes
for basic vcees W tiee, uP to the aPaific cMpta maximums.
g 134-3. C idenbalityofhd'omomom
A Under2 M.R.S.&§QW, records, papas, filamd mmmwicafiam rending to m aWfimmt or
re ipimt ofgmmal assistwee we etmfidmtiW, and no information relating to an appli=t or
recipient of8eoaal msinance may be disclosed to the general public, urdms expressly per aW
by that appliemtmrecipieN.
E. LSamation suppfid m the municipality by We Stam DeparnneW ofHmM m &Human
Services underM MRS.A. ¢ 4314, Subsection 1, mncamng recipimts ofrawgmiml assiamoce
06 080
is to be held mN'dmrisl by the municipality. Misuse ofhaomianoq wheeler in state or
rmwi apal words, cmrcardn8 public assistmce clients is permissible by law as a rwsdemeamc
(22 MRSA. § 42). ne Direct« of Health and Welfare should also be aware of laws concaving
the mn5dmtisliN of records concerning narcotics psmcriptiova ard records concerning birth,
marriage and death(22 M.R.S.A. § 2ro6).
§ 134-4. Meivmanceofrecorda.
The RUWia-Hmlth and Welfare Depmhnan is tequird by atamte to kegs cwnplote records of general
assistance grand by the City of Bangor. In addition to general statistical records concerning the mrmber
ofpesom givenassistence ad the cost for such mWort, a sgtarate case record is establishd for each
in ividual or household applying for genmal assistance.
A. The pmposef kegting records of general assistance is tl fibld:
(1) To provide a valid basis ofzcrounting for a wtliture ofmsmicipal funds.
(2) To support decisions concerning the applicmCs elipbnity.
(3) To asmre availabilay of information if a client seeks admiulstsative or judicial review of
the caseworkers decision.
13. When verification ofc'ucumslmces afiddurg eligibility is nedd, information resordd will be
R tdmwhatismaessarymeosurevAityofthed Wmconcerningassistance. AldrwpN
evwYveNarmtive rxord will be utitizd to explain the unique circpmspvices of each chart.
C. Mirmman iNormation to be maormind in ease records by the caseworker is the fallowing:
(1) Completed appgcatfonf mshuroe.
(2) Grounds for approval or denial ofappticatioa
(3) A narrative social history recording Ne i df assistance, the results of home visits,
collateral information. refemis, changes in statuses, dc.
(4) Complete data concerning the type and amount of sasiemoce gamed.
(5) A copy of the notification ofeligibihty form.
§ 134-5. Applicasion procdme.
Any person wlw makes an application for assistmrce and who hes cever appgd for assistance in any
municipality within the State of Moore shall have hisNa eligibility determined solely on the basis of
ned.A subsequent applications shall beconeiderd in accordance with these guidelines.
A. Right to apply.
5
(1) Any person has the fight to apply for genial aaaietevice. An individual may do sc by
appearing in person before a caseworker and expressing a desbe to receive gmcal
aesistarce and by completing a written application d other forms as mry be ra p irk by
We Dvector ofHetW and[ Welfare If so inividual is wcapacimtcd, applsmdon maybe
rnedethroaghaduly�repreae ve.
(2) In any case when not applicant is unable, doe W illness, disability, lack atranspoMtion,
lack of child care or other good cause, to apply in twiner for assisrmce or visible
appoint a My aWwriasdryreseNaYw. the caseworker shall accept an application by
telephone, subject W verif tlon by mail art a visit to the app4cant's home, with the
conswt ofthe applicmr. If the applicant fails to give such consent. memos will be
den ed.
B. Caseworker's responsibilities at time of application. When applimm is made fn gertael
assistmeq the naseworker"I id'wm the applicant of.
(1) The at dards of eligibility for genial aasisgnce in the City of Bangor.
(2) the applicant§right to review, and the vaave of the review, process.
(3) The appliemt's responsibility for repoNng ell faces materiel w a proper dnemWafian of
eligibility, d the p welties for false represaxation, W the caseworker W order to receive
general assistance (see 22 MASA. § 4315) dthat such falserepreuMation is a Class
B crime and may, upon written notice, result in a disqualification of 120 days.
Allegafions of fraud d abuse made by mentees of the public may Ise invesfi®ted
through home visit condunN during regular working Issues; (Monday through Friday,
8:00 am. to 4:W pm.).
(4) Thejoint respaosibility of the caseworker own the applicant for preeesing rxords or
documents in biwIter possession or readily available m hiwber to support bother
atatemevts.
(5) the kimis ofvenfmation need.
(6) Ilse fat that an uwatigation will be undertaken by rhe&sblio-Hmhh and Welfare
BeparmeerU as the When m's rncorne, resources d assns and that such an
investigation may include an armomced Mme visit made during rear working bows.
('n the applicant's nwpomrbility for notifying the caseworker of any chmige in
cvcumnances Wert wid of&e4tiaWereligibility.
(8) Any orbs programs of assistance or service of which the caseworker may be aware of
which We applicant may mreil aim= -fm -m -f in addition to or in lion ofronivivg general
msiRenew.
(9) The City of Bangor's rights; d remMies for reimbursement from We applicant's relatives
pursuant to 22 M.R.S.A. § 4319.
91
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(10) The applicant's pasoml respoiibilitim forNmbmsernmt to dro City of Bangor under
M MKS.A § 4318.
C. Emergency benefits prim to fill verification. Whenever an applicma for genial assistawe states
to the ChM W OIkS that 1whshe 1s in neat of imm W rtes assistance to IaA[ basiie MeenitiB, the
ewmker shaih pending vaifics i®, issue to the appfimnt, within 24 hours of she appfieatiM
sufficient heresies b provide the baaic nsees®tim readN meamrs lately by the applicant, provided
that the following conditions are and:
(1) Probability of eligibility for resistance after fail vai5catlon. As a result of the initial
iotaview with the applicam, the caseworker Shall have decaminai that the applicant will
probably be eligible fire assistmce after full verification is mmpleta
(2) Documeomtiov.Where possible, the applicam shall submit to the easeworlr atire tire
of the Ntia1 interview adryume documentation to verify that there is a reed for
immedmteaaaiamri.
(3) Irfotmetion obmived.%m substrate dacumenmtiov is cot available at the time of the
initial applicalim the casewor)ea MY contact at least ore other person for the purpose
of obtaining iMormetiov m confirm the applicant's statements about hialber need for
t�ediareiainaoce.
(4) Limimfiom. In no case:
(a) Mytbe autbonzatim ofbmefite other this Subsection C exceM 30 days.
(b) May[batt he; bestowautimriution ofbevefits to the appliomt omit there hes
been fall verification cambering the applicavt'a eligibility.
D. Temporary refusal to accept applicvtiom. Under special arcumatarca the Depatmem may
refused accept application. Shell Circumstances atoll insoms, hot are not fink xt to, the
following:
(1) Casco where the applicant's covdum is abusive and diwWive or w eases whose the
Wheals: is wda the u fluence of alcohol m dmga. The applucam may bereforest to
leave. If he or she reties to have, the police ray be su®oved. The appticam will be
infottned that err application will be taken when the particular ciremitmen are no
lougm present.
(2) Cases where a thhd person desred to mal application for assistance car behalf of the
applic ru. The perwen will berequeated m provide wriftev verification that he or she has
been anWoi � m set as repramtative for the applicant.
§ 134-6. Responsibilities of applicant and rxhpimt.
path appliirt W rwipieat bas a responsbility at the t®e of the application and continuing thereafter:
A.- To provideacmata, complete and meant inn tion concerning hili needs, resources and
assets and the whereabouts and cucmvemnue ofraponsible Natives.
W,
B. To notify the caseworker whey adeage whia4rerrseds, resources and asset will affect
eligibility fm general asiamme.
C. To apply for and uWiae my other available benefits or resources that will rduce m dimivate the
need for general assistance.
D. To reimburse the Cay for the colts ®anted in the evW that he/she b=oron of
sutBtiem abildy to pay the sane. The City may r=over the bill mount « mdd foresaistance
tither Berm the person relievd or from any person liable for the recip eafa support, fheir
executors or edvddetiatms m acudi action, thno case may the are be authorized m recover
through a civil acting w fall or Part, the amount expended for assistmse of a previously eligible
person if, as a reedt of the repayment ofthat amount, this person woWd in all probability agave
become eligible for general assurance.
H. To use all moneys availsble to him/her for ueceserties fza Woo requesting%®eml assisnvice or
purchasing luxury Iter.
§ 134-7. Rocogdtion of dignity end rights,
key martial interview mmy later prouredin&, including my inveAigatiore of the applicarris eligibility,
sbau becundmA i to a mawer that will not violate the pnv , personal dignity or individual rights of
either the cuewurker or the diva sad/m his or her family and personsl acquaivtmcea.
§ 134-8. Actim on appliwUon
Udess m application is withdraam, the casewoker must make a decision crosaaing the applicevCs
eli®bility and, ifetigiWe, ennsrta burnishing refief Within M hor after the date of submission of
sigi d and cmnpletd application, together with au other forms requvedbythe Director of Health and
WeVsre
§134-9. Withdrawal of application.
Av aPPBeatiovuCOvsidertdwithdmwnif.
A. The caseworker is unable to comple4 the imaview, if the applicant refuses to cooperate with the
cauwmk¢r;
B. ]fie applicant dies W gmerol assismnce is famished;
C. The sppticam avails himselfshmelfofamther savior which makes himNer iaeligible uada
tress guidelines;
D. The applicant requests, in writing that his or her epplieraim be withdrawn;or
B. The applicant fals to complete or siga the application or my other tosm requited by the Dveofor
ofHealthand Welfare.
§134-10. Rdetenainatiov of eligibility.
8
MOR
A The application farm will slow the duration of the limitaiPeriads of entitlement. Writtenvance
of temp niton or suspension of benefits with opposNwty, for hearing will be given slould a
decision be made to disoontimm assistance doing tar IimltM period of entitlement.
B. If a hearing is aalueated within the establishM time limit, assistance will continue peening a
derision from tire hearing authority. At no time will mch an extmsim ofbamfits outlet the
original catficatim pained.
$130.11. Minors.
Under Maine law, the does ant supervision ofmwancipated mhwta becomes the responsibility of the
Departm o t of Health & Humatr Services when porants or legal guerdi ms camoNwill not fulfill their
fountal respons�bitineo
A. When an wommupatai rainsur whes fm gederal assistance:
(1) The cesaworka will attempt to mined the parents or legit guardimu of the malicaot to
iofdrm blmh of the application, aaim on the application and the patM'Nguerdim'a
responsibility to support. Contact will not be made iftbe caseworker has sufficient reason
to believe flint such contact may physically ¢Manger the manor, sad
(2) The Denathoed of Health &li an Services ChlMlAatective Services wlll be nceifiecl
by the caseworker, in wrilint, that the minor maybe living in cimumatavca which are
smouslyleopmdizing the health and welfare of the minor.
B. Minors will be modest to comply with nl eligibility rarynemwb ser font in this chapter.
C. Nothing in min section may permit the City ofBadgor fo deny asietmmee W an Mbendse eligible
minor what these is any dispuro regi ding parmtal or Department of Health & Human Services
reaponsibility.
D. Whin sulfated funds to support the ainmr within the dlmdmds of these regulators are
unvailable from the Depattmmt of Health & Human Savior or from any aha spume,
emergency assistance, may be given m an manemipetol trader for a adulation of 30 days,
panting a decisim fiom the Dgsanment of Health & Human Services. Such assistance maybe in
then£ ofBoads, hduseboldIoesmal items, ran in an already, established household,etc.
lomergmcy shelter may be pmv inaCity-run shelter.
4134-12. Migibitity of mirrors wiw ere parents.
A. Apason molar the age of lS who has neva married ant who has a dgiendeat child or is
pregna t is eligible for assistance only if that pasta and child reside in adwelling maintained by
a parent or other adult relative at the patent's or relative's own home or in a foster barn,
maternity home or do d adult-mPervisei supportive living management, unless:
(1) The Person him no living Intent or me whomabmas of befit parents are unknown;
(2) No parent witi permit the persodro live in the parent's tome;
0
(3) The Depetmmt of Health& Hamm Services detvmwes that the physical motional
health or salary of the person or dependent child would be jerpardized if that person and
aepma®t covet term wino a I,wrmt:
(4) The iMividaal has lived sprit fiam barb parents for a period of at least me year Wore
the birth of my dependm child;
(5) The Dzparmant ofHestia & Hammy Seevrces dHamivw that Nae is good cause to
warvethia regairemmgm
(6) The person has bem legally aandpemd by valid dura of a sure, tribal or fMasl court.
B. For the propose of this section, 'pareN"inclules a legal gamm%
C. Under stmt% the City ofBmgar is absolutely immune flown suit on my WA claims seeking
mmvery or damages by or m behalf of the minor recipient in comedian with the provision of
gmaal asaistmce.
$130.13. Hasidsoce.
A. Residence is a 6norm daznnioing whether the City ofBaogor is respmssfble per providing
assismtce m m uWividad. The City his a Ash" duty or give assisuvce to residents (see
def 'tion) of the City who ase in ne%i. Assistance will be given to eligible persons wtm apply for
assisurce
and who me nehher residents of the City nor of my aria municipality. When the City
of Bangor assist; amement m relocate, at me sprat's request, in another murriapalkythe City
will commas W be responsible forme support of saki recipient for 30 days after relocation. An
appliamt who is in gap home, shelter, reheb0iteammarm, nursing home, hospital or oma
isurimdm m the tum of applic itim and who has dura bem w mat institution for sit mama or
less or has a residence which helshe has maintawed and to w1mb he/she immds m ream stall
rennin me responsibility of the r ar meipoliH where the applicant was a reddent immediately,
prior ro en[ming the inrtimtian
B. If a resident of mother municipality falls into diahms in the City of Bangor, Mee geory
astlnaee may be given W that b ulivkhal on belalf of the respomible municipality, provided that
the admiviatiation in that smucipality had given prior approval sad has agreai m reimburse the
City of Bangor for the assistance providai
§ 134-14. Upod meds.
No person owning assets easily cowertiblc mto cam, uscluding but mot limitd mbook deposits, stocks,
bords, certificates of deposit or oma narkemble saudty or life hommce wino a cash score ier vet=,
will be marble for assismnce. In dense cases where the meed far relief is demnmtW to ""ohne cash
value of such liquid mans, assistance may be gtsnrel for my rarmning diKermce.
§ 134-15. Tangible assets.
10
am,
No person owning or possessing tangible assts consisting of more than one moles vehicle or a been,
trailer, recreation vehicle or ofloer rings that are comei tiW into cash aM vooeaemtial m the maivtmavice
of the applicant's household shall be eligible for general assistance.
A Exceptions may be testa when a person is making an initial application and what reasonable
efforts to convert assets to cash at fair mmka value are uvsucceaafW.
B. Tools of a trete and ether equipment east for the production of income are not rmsidaed
available assets.
C. The ownenaWp of one automobile ansa the value of $4,5008,00). by an Wheavt ma
dependwrc will not make the appticam irctigible fa essisantce S such automobile is asmtial for
transportation to snploymmL mescal mm, rehabilitation or training facilities.
§134-16. Citiamship.
Applicants who are ne6her Qt VRha of the United Stains nor lawfully admittsi clients wiLL�b a wferwd
to the United Stats Department oflmmiroation for appropriate action Emergency assistance maybe
gmmed to an applicant pending action by the Depenmeut of tvuw®atloa
§ IM -17. Otho remmcea.
Any applicant or raipient most native a good faith effort m secure my potential aesomces which may be
available, including but not lirnimd to any state or federal assistance progam; uvmploymmt bme5ts;
governmental or private pension programs; available bust funds; support from legally liable relatives;
child support;jointly held rssowcis where We applicant or rmifiwt slew may be available to the
in imilual, M. Assistance shall not be withheld pending receipt of intent resources in long as application
has been mete or good fails effort is being made b secure the resource.
A Any individual applying for or receiving assisarce doe to a liability must make a good faint
effort to make use of any medical and/or rehabilitative resources that may be wcommmded by a
physician and which are available without financial bmdm which would not constitute tenths
pbysiwlirskmtheindividuaL
B. Any applicant who forfnts mce'iptofor comes wdudlon in benefits from mother public
assistance progtatert bszuu of a krwwag mal willful violation a a program rule is not eligible to
receive geveml essisavu 0 Minces the forfeited assistance.
§ 134-18. hraumnce.
A Insuaae that is available to an applicant on avoncovntiburory basis or that is requned as
cmvlitioa ofempioyvont will not be a factor Inddamltivg eligibility for general assistance. Life
insurance with a cash surteader value may be comidered as a tangible ansa. The applicant mud
begin the process of liquidating this asset within sewn days of application, and the proceeds Som
this asset must be Itself to purchase basic necessitiee.
B. Minimmn liability coverage will not be a fanner w determwng eligibility whom an actomobile is
essential fm transportation to mtploymmt, medical care, relabilitatiov or training facilities._
06 080
accept thmthe nsnwee reuvbursaoent
IS Wended[) covertbe cost ofhmumnce. as wen as
melsfmtiop ivspweons, etc.
§ 13419. Rest property.
No person owning rot property shall be eligible for Miabnce except as follows:
A. Where the applicant owas real property which WAW makes biWhm home hdshe may be eligible
toreceiveasshmuwe.
B. When the City spauds genial osissnce feuds to provide mortgage payments to an eligible
penin, such payment may not aceto the housing maximums stated w these gutdelenes. A Sm
may beplacedWon fleet property for the amowt ofmongage assistance gives. Such a lien will
not beclaimed=til the des oftlm incipient or the hamf of said property. Any recipient
rmavinq aslsmrce with a mortgage payment will metve w ffim na fiatiov ofehom
conditions.
C. When the City spends goeal weetance to make capitalimmovemms W real estate, whaher
land or buildings or a mmbunn im of land and buildings, on behalf of an eligible client, a l m
may W placed upon flat property for We amount of the amustmce given W make the capihl
Wprovement. No suds nm stuff le mfmcM by an Yi= or other legal nation until Ne death of
the necipiem or tb¢4amta athe fmpnny to thud party. Any recipient tw.eiving assisance
With capital imtn vcmo fs will receive wrkten notification of Woe conditions.
D. The RWaliaflealW and Welfare Deparnneat may pmvide assiaavice upon receipt of We initial
a"Hwtim to per m%owning MI estate other them tlunr loom wax of=crgmcy. C=twued
digibWtyf any type of assistance will deperd upon the applicant making a rmsoaMe effort to
dispose of such real property at a fair market value.
§ 134-20. Bmployment.
Umas a®ptM haeme, every person reccoong amustmce=der Ws chapter shell amvely %eek and
accept gainfulemploymem. For puryaes oftbis chapter,'goitdul as Il cat"shall mem any available
employment within the recipient's skills and abilities tes Wftng in the matimmu possible income for the
Employment ScawAma]dng berviasofWe Maine Dep m=eatofLabor, the mt m&y,mofavaileblejob
apmwgs mdma6'v8 omselfeveilable for work at all timers during We wgm=daY. The raluir®mta of
this chaptershell also apply Wevaymernberoftheraquem's houseMld.imles%%pemificaltyowpled.
A. The only persons who shell be m®ptul from this requirmenf shall be:
(1) Dependent mivorchildrm
(2) PemonsovafbeageoW.
(3) Persons who, by meson of illness or disability, are wable no perform my type of work.
My person ewmung W be exanpt Som seeking or accepting aoployment because of
illness or disability may be requ'ued by the W6l oalth and Welfare Depotment m be
12
os 080
exwined by a quatifiW physician 9 the Department's expense. Reimbmoment fmthese
. eesnees shill be mcurrm Maliceid races.
(4) Persons whose presence is tisquhM w the home in order to provide care fm a dependent
child umder the age of six years or for any ill or disabled manba of the household.
(5) Petsom 18 years of age and older who ere regularly peNcipating in a vocasicael trandng
or primary or secondsry educational program which woWd assist the individual in
seeming employment
H. Applicants and recipients are ineligible for assi9mce for 120 days if, withoutjust cause, Uy:
(1) Quit work or are discharged formiacmAru. The disqualification commences with site
date ofsepamtwn fiomempwymmt.
(2) Refine to search for entploymera.
(3) Refuse to regiscer Wrwork.
(4) Refuse to aocW a auitablejob oft under this section.
(5) Rdvse to perfom or willUly fail to pert ajob asagowl under Us shown
(6) WWfWly pert ajob assigned uMer Us swum plow the average smndarde of that
job.
('i) Refuse to participate in a training, educational or rebabilitatim program whch would
assist theminsecm+nB employmem.
C. This person may become eligible during this pexiod a time ifMAshe becomes employed or
othersvise satisfies the requirmmW of this sanon for wWch he/she was disqualifiaL
D. In rm care may the aquvement to search for work or participate in a work or tmvuvg program
interfere with
(1) Fisting postal employment or participationm a vocational training or primarym
secondary elutealional progam which would assist the'vdividual in sxuting
employment;
(2) The individuul's ability to follow up on a bone fide job offs;
(3) ARendarse at an interview for possible employment;
(4) Participation he a pmetry or secmMaryedncatlmil itrognm interMed to tool to a high
schml cliploma; or
(5) Participation in a training progam which is opensced u the coatml of the DeperstoW
ofHealth&axd Humor Swiees mttz Departia mofLabor. This does not ine iele
13
06 080
participation in a degesgantiag program, except when that prs a is under the
De cwt of Health& Huenm gervices or the Department ofUbor.
§134-21. Workreluiremaa.
' All persons Mherwise eligible fmgmaw a¢sisavce umerlk¢cmpmrmay be requvd to perform work
for meciry orsmgm onto particyam mao-hdng«edaatiomlpmgtmnwoiws wows scans hivJherw
securing mryloymew es a condition oA. § 43 ng such assaaace. Avy flowing ralacemml shsl6e
subjew to Ne provision.aof22 M.R.S.A.§6316A,atmodified by the folbwing:
A. Thework requvemmts ofthis chaptas lbeuaddthedirmlimofthe D'nmmrof Heat
Welfare, who ¢hell be mthorizedm issue such admiviatrntivedhx[ivm asmaybe vecessnry
Gam time m time to ensure the props imPl®enation of the work requirement progrem.
B. An odocwise eligible person who refines a workfare aeaig®mt Goon the City ofBmgor mover
Ihisclapter withoutjust cause shwlbe ine4bleforgennl a;estmcef apaiod of 120 days.
(1) Refusel to accgx a workfare assgnrtwnt shall include:
(a) Failurelo report f«work.
(b) Laving work without permission Goon the wrrr fs mpervis«before the work
paiadhm ended.
(c) Pailmeb pWorm wokmdhxted.
(2) Arecipient who is&Nualifid under this smfian wan be givm one opportunity to regain
eligibility dunivg theomhmdrei-hventyd ydiulualification. Any recipient who
intentiomny causes damage to property or berms other employees by his/her acums and
is dischmga] by the wok supervisor i rat be ewhEaN to regain eligibility by renrwng
to the wok pfog am Eligibility may be regained by otherwise bsoming employed and
meedvg the de6wtion of need.
C. In no case shall eligible prion; perfmmi ag work uudor this chapter replace regul«mmicipal
®ploys¢.
D. Nop«son sball, as a coMitioa ofgemal assistence eligibility, be required to do my amount of
wok that cmeeds the valve ofted net general assistance tort to a n should otherwise feceive
under these genetw asaislmu sand«ds. Any Kaon pafaming work under tlos chapter stall be
pmvhdal with net genal aria roe value of which is earned at a rate of a bast the state's
mainfinurst wage. Expenses related to the work pefotmed sown be considered in detemdwng the
mraaw of uct gmml asaistame being provided.
E. Work pert ed mww this chaptensball not interfere wiW We eligible person's existing
employment ability to follow up on a bane fide job off : aamdmce a job interview;;
Participation w a ps'uonry or secondary educational progam intended to lend to a high school
diptoma; or partrticipation iiia training pmgam which is either approved ordetamived, or both,
by the Departmew of Ub«to be rasodswy expected m asset the iudivi" in sttorivg
er¢gloymad. ]tis subseam does not include participation m a degree-gandng pmgam, except
14
when that program is a training program operated under the corwl of the Department of Health
& Hanan Services or the Depamnent of Labor.
F. An eligible persm may be required to perf work prim b receiving assurance wbea that
saainmmz is ort amerrancy in nines.
G. Failure of an otherwise eligible person to accept a suitable workfare assignment under this section
shall not affect the gweml aesisrmce dig ilydity of any member of the peraon§ household who is
incapable of working adepwdmt minor chit' art elderly, in or disabled person; and a person
whose presence is tyuaM its the home w order to provide care per a dependent child under the
age of six years or for any in or disabled uatember of the household.
H. General mistava recipients repaired to pereara work for the Cay of Berger urderthis chapter
will c®plele and execute such forms as may berequirai by the Director ofHerth and Welfare
for proposes ofadrrwatamg the workrequdremmt proposes. Anposts will be read to der
recipient to eruure mreplete underaw ro ing of dus corditiors order which the general asaiamvice
is to bs granted. The work order form will detail the amomd of none the recipient is expected m
work the deparhnaa to which be or she is asvgnM and the dam, thne and work lacarion w
which M or she is to report. Expenses related to work peri rimed under this sedbm by an eligible
pmsou shell be wusidered w detemuwng the mnouat of net general assistmme to be provided to
the person.
¢ 134-22. Sxurity departs; beck bills.
A. It is the policy ofthe City of Barber root to expend public funds f security deposits. Whew the
mdy suitable Musing available requves a secoraydeposit, the oliemwin be raluvedto enmr into
m agreement with the ImW lord to pay a portion of the deposit each rmath until the total paymo t
is made or to apply for whatever other resources migbt be available to assist th the payment of
security deports. When m other solutim is possible, the caseworker may issue a written gasmMy
for damages (in Hers of up m oro mows rent).
B. Assistance is ort available m pay a bill for a basic nccesrty when that brill is more then two
moos old and the person rapresting assistance bad sufficient aucorne, moray asters or other
available to pay for the baric nxwsity when the bill was receivM. The person
requesting the asrstance shall be requirN to provide evidence of income for the applicable time
Period
C. At the discretion of the Deparmrwa, rhe contra bill may be guareNxd to prevent an eviction ora
uWity aludoff.
¢ 134-23. Hotel rooms.
No welfare funds shall be expmdai for hotel rooms where the oris exceed the rental allowmce.
However, nc exception would W made for oiiemvmins where no shelter facilities arc available.
¢13424. Verification rpuhed.
A It is the responsibility of the individual requesting aaustmmto provide enough ivfrroationm
verify that he mshe is digibia This wsillwaion mayindudebut not be bouteclm wage
sretements, raeipts forlausehold expenditures,etc.
B. Tne easewoskcr may contact sauces other meat the applicant far verification ody withthe
specific knowledge and crosent of We applicant, except that the aaeworkenm y examine public
records without the appfiavCs lmowledge and consent.
C. Home visits may be made in mdCr m verify information supplied by the client A the time of
application. Clients will be entified 9 the time of application then such a visit is feasible. Visits
will be coMnet i during regular working hours (Moneay through Friday, 8:00 am to 4:30 p.m).
D. Any applicant who refines to allow a basso visit will be denied assistance under this section met
suchavisituallowed
E. Nhen awnhsble ivf tins is inconclusive or conflicting regarding a Gct which is materiel used
necessary to decamine eligibility, the applicant will be advisW as m wbut questions tamales To
be crosidaed incomluuve or conflicting, the inf tion on the application noun be inconsistent
with statements made by the applicant, ivcomimem with other ivformetlon on the application or
previous applications or inconsistent wiW information received by the msmmka from other
Duma. Assistance may be dedM oriaminated if the applicant is unwilling to supply the
ceseworkur with necessary verifrwtion or p annu esion to make Collateral contents or if the
vismorater cannot dMermive that eligibility exists after contact wiW the maligant urlhe
apshcanl's collataal contracts.
§134-25. Personal f alresomces.
Pasoml f immal resowew shell be usN to meal current espenses before requesting assistance.
§134-26. Defeat formula; unmet neM fonmda.
A. For NepuryosaaftdssafimmovaallmaximumisdIXam bylnkivgt Mgberof110%
ofthe DeparlmmtofHousing and U�Development (HUD) fehmurka fordre metro
Pmmbsent area ortim seeremmee ofchanee mtbe Federal Povem levels from Ne last yam.,.
(1) 1lw deficlt fommde wihbe calculatW by taking the ovanllmaximum aM mbteutiseg
mcomeminus aaualwork-related expense (if any) and adding in any evnccowted f
come. Ifthereis m defitlt and m emagmcyia determined to exisS assiaeme will be
defied.
(2) to cases wherethaeisadeficit,mmwa uedf Wes will becalculntedby dnamining
the aced cast o equity lsttssitiea unto Wemeximum levels sed work-related
eachapter
foraeh meiateg in end subwetingthe income,norma acetal work-related expenses
(if soy), and adding inmY ummomdW for income.
(3) As applicant may, be gmrrted assisp up to the lass of the two amouvb so
detamived.
16
06 080
(a) Incase ofan emorgeocy which could not larva been averted, aaftemtireuw most be
Meta as to whaher or rot all income bas been used on basic necessities and that War is
m other source available to mad moth the mergmcy. If all of these coudifiom me mel,
assistance may be Manual to alleviate W e emergency,
B. Famed innme, homed inane¢hall canvas[of ircome m c¢sh or kind earned by the a"dicanF or
ratified or members of his or ber household though wages, salary, commissions or profit,
whetba sof-anployed or as as mployes, Retial mmme and profits from pmdners sold are in
We category. With respect b pelf-mployomt, Mal Neill is artived al by subtracting business
expenses from gross income, wbn income taxes, social security and other payroll deductions
wbict are re adred by state, federal or local law are deducted
C. Inemne from eater assistance or serial insurause progrzms. Storecalegoricel benefits,
npplmemd security income (SSI) payments, social security benefits, vetmns' (VA)beaefits,
uomploymeta two oWa govanmemal or private aomces will
becomidered as income unless specifically prohibRd by any law or regulation Any applicant
who fmfdts sordid of or causes rduatim in benefits from anmlaer progem because of
hawing and willful violation of a Isolation rale is iadigible W rxeive arrant assismnce to
replace tbeforfdtd assiarsvice.
D. Comtadad supper)paymn6. Alimony mod child support paymmb v.Nl be considered Wcome
only if they aro actually acdvd by the applicant or recipient.
E Inrome Gem other sources. Income from say source will be considered thit is Movald for use by
any mmba of the alatd or unrelated, and is actually available to fe applicant.
E Earnings of a child. TMearniW ofchgd trader the age of 18 years who is a full-time student and
who is mot wmkiW full time will not becooeiderd as ineemewder these gaddhues.
G. Retroactive benefits. Ifm appliwra Mal a Imp sum payment, that payromt=9 be%oretd
over future mouths. The period ofpronnirs is determined by disregarding soy portion of loss
lams sum peymeaF that the applicmVred%rot has spent to pmCW ere bade naessiuesr metudiag
but rot failed mall basic necessities provided by Macron assistance; payments off nneml or
burial expenses for a f 'Iy somber; trawl cods related W fe illness or deaf ofahardly
mauber, repair or replecmmt of essentials lost due to fire, flood or other rduml disasters; repair
or purchase of mom vehicle essential for mploymnt, education, training or ober day.to day
living neeessiYea; and payment of bills eamuhd for the puTose for which the lump sum is
paid
The
Period ofmumtioe is then ddeminel by dridmg this torsi by the menta of;
a. the verified aelad prospective !hurry day bud l d for au the household's basic
nesessiYwor
17
b._by 150% of da applicable fadaal ppverly guidelines
(2) The promtedsure bar each mmN must be mveWvW awilable W the household for 12
months from the dare ofappReation or during doe period ofgmmfiov, whichever is leas.
(3) Notwitlmmrdivg any other provisions of law, the City of Bangor shall bove alias for We
value of all general assistance paymems made to a recipient m a lump sum payments
made to said recipient uvdm the Workers Compensatim Act of the State of Maine or
snwlar law of any other sate.
(4) All applcams who receive general assismme while receipt of their mpplemmal security
Income (SSI) assismnce Is pending or ssuperelei and which therefore may be
retroactively issust to the applicant m a later date will berequired to sign a satavan on
sformorsributocbythe wrtio of oflimhh._.a Human Booth thataothorvn the
social seaaitym direct a enttim ofmyratreaerive SSI gamma. to the City ofBanga
a 1/orlhe state in rgraymwt fmtlagawdassistance
far gmo whoregmaal signsuce
applicant who has applied ti who maybe applying ion SSI or used
refuses to sign such an
auttubixt uwJl be tourist ineligible 6r general azsisavce umil hdahe pmvidea the
ryuvW sigrmpue.
(5) For good cause sbowm an applipnt's deficit rosy becomotidated and apnliol m hmsive
eests bons utilities heat ac) in an amount greater than tffi maxmrum speriCW.
Whether there is good cense shown will be assessed m a ease by case basis apd shall be
the axnenimatnerman the rale.
B. Excludable income. Excludebbs income HirlWea:
(1) Real or personal Mame-producing property, tools of trade aM govemmeoW eotitlement-
spmificellyo- tedasexemptbynateorfederallaw.
(2) Aral work -Nath expmsa, whether iteasaed m by standard daluctim such as taxes,
restire act favd contributions, boom does, traysporinim ewsollowmce to and from
workers $peSB.pavwk, special equipment cons east childcare a speoses.
(3) Eamal income of stallion below the age of 18 years who are fall -time students and who
are not working full time.
1. Potential income. Potential income is defined as income that cold be receival by the applicant if
action were bakmto obbmit, e.g.. social security, workers' compeneatiom rmanpmymmt
compmsatioq AXQQL F, SSI, M.
1. Tremnent of all other inure. The toll value of all income not defined as cataract income,
whetter fin kind min cash, which is sexually available for use m the household will be cowiderM
m chem'—g veN uMa the defici W corn vttd frenal a.
K Agreement for hounng.Ifan individual or family has provided living acmmmodatiov m a person
or family, sanderd general assistance my not duplicate Ws service.
Fm
,M
L. Othmuarelated paaon(s) ani mthehume. Whmany othamueletd individual ta residing
with the applicant, wafication mast be rude of the entice household, and the ircome and assets
of all mambas of the household will be comid available to the applicant unless Ube applicant
can prove oOerwise Wben it is pmvm by the applicant blast he or sbe and the orbs wrelated
individuals residing m the household are sharing expemea equally and me not pooling teo w oe
each such ina iviAml will be heated as a fiemisndmg bouselmld. (Amended 9-14-1998 by Ord.
No. 98-339]
M. Mgibihty. An appacarfs agibility will be bests on bbtont! income and the basic mml
requirmmbs ofhish hoasdsold as mtabluhed in tame guidelines.i will be no automatic
eligibility. All appacarsa must complete the a hwatioa pmcros.
§ 134-27. Amomt ofmsistanee.
A Eligibility under dl othm emergency provisions shall be dmammN by Neu r IztionswGLe
B. Maximum levels ofassislance.
Household
Size
Food - Weekly
Food -Monody
Rem -Weekly
I Rent-MonbNy
Ovaell
Meximam
1
$ 35.35
$152A0
$112.50
$ 450.00
$ 495.00
2
$64.65
$2)8.00
$129.25
$51200
$56900
3
$ 92.'19
S 399A0
$160.50
$ 642.00
$ 706.00
4
$117.67
$ 506.00
$ 206.00
$ 824.00
$ 906.00
5
$139.17
$ 601.00
$ 223.00
$ 892.00
%981.00
6
$167.91
$122.00
add $114.00 pm
$240.00
$ 960.00
$1,056A0
add 115.00 pa
19
20
-. MIRII�f�Nll!!':i.OJIIN'�!]'1M5A1�l.M1N�11}1M141.1
::-X[UlYlIl1!Il!
.
�lfMU!}.fl!6f
lNF�11W.ilf
f.R1l�R!!J
20
Orlmll
4134-28. Assistance categories.
there me two categories ofaeuslsvce which are admini buil by the Seagao-Wt6 llcahh and Welfare
Department order the General Assistance Pragam: def 't formula (Subsection A) ares emergency
assurance(Subseetioes B through G).
A. Dcfidt formula
(1) in enter to receiveassistvice under this section, the applicant Most be maintaining his or
her own household, have a need deft under the deficit formula and satisfy all other
eligibility rules and regulations set forth in these guidelines.
(2) All personsrMuesting general assistance in the Qty of Hanson must use thm
income to purchase basic necesshim For the purposes of this section, rent will be
umsidvn] the primary basic necessity, and clients ranking other than initial application.s
will be erp¢tel to expend their available Income on paying the real prior b applying for
meielmme.
(3) acWt for initial applicable, recipimu are not eligible to receive assistance to replace
become that was spent within the thirty -day period prior to the application on goods and
semceetheterevotbeaic necemsdes.
(4) ]lte irmorne not spent m goods and swices that are basic noxs'sities is censiderW
availabletotheapplicant.
(5) Applications for assisrmme under this section vmet be processed within 24 hours of the
date of applicafim. Decisions shell becommordcated, m writing, testing forth the
reason(s) for the dvnisim. Ifths applicarn is found eligible, assistance shall be famished
within 24 hours of the dans of submission of the application.
B. Emergency slinher.
(1) The Barin, atWicHealth ant Wel&reDepartMmt is anthorized to trmmile tempormry
shelter on shelters opesatol by the Pty) for persons who, by reason of special
emergency, are stranded, homeless or victims of family iuotencc lndividuds son
22
£amities hous im City -my sbekpe mum gmlify for general essisbmv The lmgN of
time authosizd in the Suter &ball not exceed 30 days. An extension may be ganmd if
cimvmstaraes wmmt, mdumv wmplctiov ofm applimtion for Gema) Assistewc
Such cvcummmra<s may include, but shall not be limited v% delay o application of
categorical asmstma, loss or delay of monthly benefit clads, dc. Individuds will be
eligible for admission to shelter oma in my 12 months. Exception to this Sale may be
made where verifiable chmmmmca wmmt.
(2) C.maal assistance Banda may be w:pmded to home eligible odividoals and families iv
privme not-for-mofit shelters located tithe City ofBangof, pmvidMtut the shelterhes
rota ed into an agawmt with the City b provide such swvice. Eligibility will be
contingent upon full gmeml assimance application being taken within two waking days
of admission to shelter aM general assistance dtigibility being establiah W.
C. Miner children. At tines it might be necessary fa the RUWicHeahh asp Welfare Depamneotw
assist mina children whose need; are not bong met by their parents. Reasons for tlas might
include, but shall rot be limited to:
(1) Disgualificadon of ilue head ofhousebow for wittintt mpkymmt, failing w regiata for
employment or refusing to participate m the wakfam program
(2) Failure of a responsible rdmive to provide texSe ay support
D. Emesaive assets. Atthe time of an imU applwstion, an imlividual or family may be assisted
m though it has excessive asses ifSot irmadhote vad can be atablisbad Continuing
msimmae will be contingent upon the applicant making a good fahhei artwdmvatthe assets
Who available fonds to be used topum ae baso oecesshks.
E. Retial. The mahl ealffi and Welfare Department shell provide fm prop; burial ofindigmt
harem, pmvpdM that the total burial coats do not dweed $1,340 aid it is detamwed tbm the
burial comm cmiwt be paid in total, or Apart, from any other source, including responsible
rdativesa Gomthe mate ofthe deceesd. The WdslicHealth and Warfare Dep proem will
apply all mormtea avafiable fiom other spumes toward the total bmkl come. The allowance for fall
set�noe burials aid demmiom under these gumitimes shall toddle the mAmptlaer's mervicd,
clergy, pesaonal attendants, casket, vault box, hearse ab obituary. When mxlmrd, ammirmm n of
$345 maybe paid fora linen. The expense of opening Spit closing the grave will be wnsidered an
aMti0ml cpm to be paid directly b the cmtmery sup to a maxhman of $M. The mle itio al cost
of a graveside dw will not be wmiderN a wvered expense uncia these gddelmSSs. The
mammon payment fa a duvet demotion without other advices may not exceoi $I,OW. The
Ad ticHealth and Wofem Depvtmmt will nes be obliged to pay for my burial eapeisee if the
D mutat has not approved sOch apemen prior to them delivery.
P. Oersumlemmdion o£toml requirements. For carious eamm, it might be mxcda toassistm
imbvidmal or family A excess of the amount establishes uMer the deficit formula. Such
assistance will be gtmtel only fon food, fuel, metheim clothing and honsehohl hems, whin auch
itmasrcumvailable fium myotha source. '
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G. Glha necessary expmses.Ueder this sd4ioq assistance that is abaolotely necessary and cannot
be obuinM from any other source maybe providd. Aasiatevce gran dander this section shall
not excel armuNa frail in the basic total requirement chmt
§ 134-29. Review procMue.
A. Righls to review. Any appRceWretipiml aggievd by a decision, act, failure to act or debay in
action concemiag blabber application for geveml assistance under these guidelines shall have the
right to appeal. If a person`s application has been appwvd, there shell be no mocation of
gement assislmice during the pend of entidesnent until that applicant/recipient has bean provided
notice ma m opportudty ror hurting.
H. foiiationofappeal.
(t) To initime the tight to so appeal, the aggrievoi person shall file a written request for the
est ocs mAb4o-H come
and following
Nwithw five working days fiom the
mdiestoceurrmcaofom of the following evmrs:
(a) Expiration of 24 hours from the time said person applies for general assistance.
(b) Receipt of a notice ofdecisim adverse w the applicant
(2) The written nuipawf an appeal most include the following information:
(a) The deuisiM act, failure to act or delay in acnm for which an appal is saught.
(b) The reasooa for the agpievd peson's dissatisfaction and do
helahe belieres atrtle bim/ter ro a different result
(c) The roliefsougM by the eggievad palm.
C. Intense review by the ITrator of Health and Welfare.
(1) Upon recapt of a written request for an appeal, the Dv«tor of Health and Welfare shall
schedule a conferences with the andevet person and the caseworker involved, m which
conference both pasmav shall have fall opportund w prmmt their positions as the case.
The D'tm ctfs renew shall be conducted iNbmmlly in a mmner respect!d of the rights
and dignity of all uwoly Witnesses may be celled and evidawe may be presentedof
theme . Subsequev to the nee,the Dveetor shall infom the caseworker
ur theaggrievdpaamofhisherdensiommwriting. The Dvectols decision shell be
gmitd m adaermimtimastowhethertheceseworkehdmisionha gn
eccmdavce with these guidclwea avdpertivmt state ataNtea and whether atthee eggrievd
persmmaY receive ®egmcY assistance as providd in thaeguidelives. At vo time
shall the Wmtor conduct crevices ofmycase wwhich he/she ones dhsxly rwponsbie
for Ne disputed action.
(2) The Director ofHmlth and Welfie ahall<ndmvorw conduct hi&ha review as
expeditimilY as pmaible tofeciitatc the fen hearing before the fah hearing officers.
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m
(3) The Director my not deny or dismiss a rapese for a far hearing unless it has been
cTressly withdraw by the aggrieved prion or unIm the relief sought was banned to
said pain by the Director subsequent to the Sling of a written ratuent for an appeal.
D. Time for fair hearing. Pureuaot fo the requhanmta of 22 M.RSA§ 4322, the requested hearing
Ite writ heldbythefanhea cal.Iliw(hdiliiuswewhvewgslothdays following Wefion the of
the writlenreandnforay aPPeal. The achedulivgof the ctersheazmgshall takewened Penton
the
Convenience and verde of ell enacted. The Director shall inform the aggrieved person of the
review procdme andde data time and Plaeeofthefairhearing.
E. Far beating offices. All appeals umber these guidelines shall be heard by fair hearing officers,
who shall coni§ of a five -member mmmthee oftbe& ger City Couwil eaablislyd for such
Purpose. A majority oftbe members of said committee shall consfitutea Veneto for the
transaction ofbuain ss but a smaller amber may adjourn a mewing Gom one time to arothe.
F. CoaAm of hearing. All reviews by the Council Committer will be conductd in accordance virith
the fofiowivg:
(1) The proceeing will be conducted privmely acl openly only b:
(a) The aggri vel Person. wimessea and legal counsel.
(b) The Dnamr ofHeahh and Welfare and hivher casework ,then City Manager,
manes member of the City Co I other than Committee members and legal
co 1.
(2) The proceeding wJl be mdaGd informally, wahont tmbnical rules ofevidemz, but
subject no the regniremeuns of due preen.
(3) The review will be opened with a presentation of issues by the Comanihea Chairman
(4) After the presmtatlon ofisauex,the agpievd person shell presmt hisher position with
the aid of legal coun�eladlor wimessee.
(5) The Dveuor of Health and Welfare aMlor his/her easewohes shall tbm Present the
position of the CublicHealth an. Webere Department with the aid of too coumela
wltuessa.
(6) All partwipavts shell be given an opportunity no:
(a) Present mal or wnum testimony or documeway evidence.
(b) Offarebutml.
(c) Quesfion witaaaa on mahers gmnaine m the issue at hand.
(!) The CommifiePs derision shall be drhsmived solely upon the evidence presented by all
Parties a do pmcediug. Said decision shall be in accordance with tfese guidelires aof
the state states relating be gmnfing Mgmerel assistance.
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ai:81r•U
G. Decision.
(1) Upon completion of the fair hearing, the Committee shall, within five days, papama
wrinm notice of its decision which will common the following fidamnnon:
(a) AamtmMoftheiasuga).
(b) Relevant evidence pasmtcd by my participant A the proceeding.
(c) Pnti ent provisions oftheam" law and these guidelines relating to the
Commidae's decision.
(d) The Commiaee'a decisiovavd the reasoner for it.
(2) Copies ofthe notice ofdecision will be Provided forthwith to the agnievW proton. The
hearing record aml the caw recent shall be mmmemed by the Dir«tor of Health and
Welfare.
H. Fabler appeal. Funkier appeals may be talam Genn my action or More to act of the Committee
or the Director of Health and Welfare, by any parry, to the Superior C urt inaeeoNmce with
Rule 80B of the Maine Rules of Civil Pmcom m % The aggrievd person shall be entified of
la z ha right to such an appeal.
1. Costs for preparing my transcripts which one requiral to pursue an appear of me Committee's
deeision shall be laid for by @e eppliwvf