[HISTORY: Adopted by the City Council of
the City of Bangor 2-27-2006 by Ord. No. 06-80.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 134, General Assistance Program, adopted as Ch. II, Art.
21, Sec. 5, as amended.
A.
The City of Bangor shall administer a program of general
assistance available to all persons who are qualified to receive general
assistance in accordance with the standards of eligibility as set
forth herein. Applications will be accepted during regular business
hours from anyone who expresses a desire to receive assistance, and
relief will be furnished to those who qualify within 24 hours of the
date of the submission of the application.
B.
Assistance in the City of Bangor will be provided for certification periods not to exceed one month. In order to be eligible for assistance the applicant must meet all eligibility requirements of these guidelines. Eligibility for assistance will be determined in accordance with § 134-10 of these guidelines. It is the policy of the Department not to make grants of cash directly to the recipients.
C.
Every effort will be made by employees of the Health
and Community Services Department to recognize and encourage dignity,
self-respect and self-reliance. One of the goals of the General Assistance
Program will be to assist each applicant in achieving self-maintenance
and adequate social function. The incentive to work will be encouraged.
An important focus of the general program will be the preservation
and strengthening of the family unit in order to secure the rights
of all children to a sound and healthy environment conducive to normal
development.
[Amended 11-14-2007 by Ord. No. 07-319]
D.
The General Assistance Program will place no restriction
on the individual rights of any applicant, nor will there be any discrimination
based upon race, sex, religion and political affiliation.
E.
The Health and Community Services Department will
take all reasonable steps to ensure that each client is made aware
of their rights and responsibilities under the General Assistance
Program. Each applicant will be evaluated individually, with fair
and equal treatment being guaranteed to all applicants. Any applicant
shall have the right to request a fair hearing of any decision concerning
their right to assistance in accordance with these guidelines and
22 M.R.S.A. § 4322.
[Amended 11-14-2007 by Ord. No. 07-319]
F.
As far as reasonably possible, decisions on all applications
for assistance will be made at the time of application. Complete records
will be maintained, and all information given by clients must be recognized
as privileged and confidential. All decisions concerning the applicant's
right to assistance will be given in writing stating the reasons why
assistance was granted or denied.
G.
A notice will be posted in the office of the Health
and Community Services Department stating the hours and days that
General Assistance will be administered. An updated copy of these
guidelines will be maintained for easy access to any member of the
public.
[Amended 11-14-2007 by Ord. No. 07-319]
H.
A copy of these guidelines, together with a copy of
all application forms and notices, shall be on file with the Commissioner
of Health and Human Services. Any amendment or modification of these
guidelines shall be submitted to the Commissioner for comment and
filing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Unless otherwise defined, all terms used herein
will have their common meanings. Words and phrases having special
definitions will be defined when they first appear in the guidelines,
except as follows:
A person who has expressed, by means of a written application
form, either directly or through an authorized representative, a desire
to receive general assistance.
An action by which a person indicates in writing to the Health
and Community Services Department their desire to receive general
assistance.
[Amended 11-14-2007 by Ord. No. 07-319]
A document in a form prescribed by the Director of Health
and Community Services formalizing, in writing, the applicant's desire
to receive general assistance.
[Amended 11-14-2007 by Ord. No. 07-319]
Food, clothing, shelter, fuel, electricity, nonelective medical
services recommended by a physician, telephone where it is necessary
for medical reasons and any other commodity or service determined
essential by the Director of Health and Community Services. Basic
necessities do not include security deposits for rental property,
except for those emergency situations where no other permanent lodging
is available unless a security deposit is paid.
[Amended 11-14-2007 by Ord. No. 07-319]
Official files of forms, correspondence and narrative records
pertaining to the application, determination of eligibility, reasons
for decisions and actions by the caseworker or the Director of Health
and Community Services and kinds of assistance given each applicant.
[Amended 11-14-2007 by Ord. No. 07-319]
Any applicant or recipient who has requested a fair hearing.
The difference resulting from subtracting a household's net
income from the overall maximum for the appropriate household size
for a particular municipality.
In distress and standing in need of immediate relief.
The municipal official designated to receive applications,
to make decisions concerning a client's right to assistance and to
prepare records and communications concerning granting of assistance.
The Director of Health and Community Services may delegate such tasks
to other employees of the Health and Community Services Department
(caseworkers).
[Amended 11-14-2007 by Ord. No. 07-319]
A person who by reason of any incapacity of a physical or
mental nature verifiable by objective medical evidence is therefore
unable to work or maintain a home.
A building or part thereof used for separate living quarters
for one or more persons living as a single housekeeping unit.
Any life-threatening situation or a situation beyond the
control of the individual which, if not alleviated immediately, could
reasonably be expected to pose a threat to the health and safety of
a person. If the applicant had sufficient income/resources to provide
the basic necessities needed to alleviate the emergency but chose
to use it for other than basic necessities, no emergency will exist
for general assistance purposes and the applicant will not be eligible
to receive assistance to replace that income/resource.
A service administered by a municipality for the immediate
aid of persons who are unable to provide the basic necessities essential
to maintain themselves or their families.
An individual or a group of individuals who share a dwelling
unit. When an applicant shares a dwelling unit with one or more individuals,
even when a landlord-tenant relationship may exist between individuals
in a dwelling, eligible applicants shall receive assistance for no
more than a pro rata share of the actual costs of the shared basic
needs of that household according to the maximum levels of assistance
established in this chapter. The income of household members not legally
liable for supporting the household must be considered as available
to the applicant only when there is a pooling of income.
Any form of income in cash or in kind received by the household,
including net remuneration for services performed; cash received on
either secured or unsecured credit; any payments received as an annuity;
retirement or disability benefits; benefit under any state or federal
categorical assistance program, supplemental security income (SSI),
social security (SS) and any other payments from government sources,
unless specifically prohibited by any law or regulation; court-ordered
support payments; income from pension or trust funds; and household
income from any other source, including relatives or unrelated household
members.
Just cause for failure to meet work requirements or the use
of potential resources shall be found when there is reasonable and
verifiable evidence of:
Physical or mental illness or disability.
Below-minimum wages.
Sexual harassment.
Physical or mental inability to perform required
job tasks.
Inability to work required hours or to meet
piecework standards.
Lack of transportation to and from work or training.
Inability to arrange for necessary child care
or care of an ill or disabled family member.
Any reason found to be good cause by the Department
of Labor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any other evidence which is reasonable and appropriate.
A one-time or typically nonrecurring sum of money issued
to an applicant or recipient after an initial application. Lump sum
payment includes, but is not limited to, retroactive or settlement
portions of social security benefits, workers' compensation payments,
unemployment benefits, disability income, veterans' benefits, severance
pay benefits or money received from inheritances, lottery winnings,
personal injury awards, property damage claims or divorce settlements.
A lump sum payment includes only the amount of money available to
the applicant after payment of required deductions has been made from
the gross lump sum payment. A lump sum payment does not include conversion
of a nonliquid resource to a liquid resource if the liquid resource
has been used or is intended to be used to replace the converted resource
or for other necessary expenses.
Any person who has not attained the age of 18 years.
The municipality which is liable for the support of an eligible
person at the time of application.
The condition whereby a person's income, money, property,
credit, assets or other resources available to provide basic necessities
for the individual and the individual's family are less than the overall
maximum levels of assistance established by this chapter.
Notice shall constitute that relief shall be furnished or
denied within 24 hours of the submission of an applicant's benefit
request.
Any land, buildings, homes, mobile homes and any other things
affixed to that land.
A person who has been found eligible to receive general assistance
under these guidelines by the Director of Health and Community Services
or their authorized assistant.
[Amended 11-14-2007 by Ord. No. 07-319]
A person who has moved into a municipality with the intention
of remaining in that municipality and establishing a household and
who has no other residence.
A home licensed by the City where the landlord rents to persons
each of whom pays the landlord for their room although such persons
may share other facilities, such as a bathroom, living room or kitchen.
An individual over the age of 18 years who is currently enrolled
in a post-secondary educational or training program, not specifically
designed to assist them in securing employment, during regular business
hours and by virtue of this fact is unavailable for full-time employment
during these hours.
An individual who, through no fault of their own, has, over
a period of time, demonstrated an inability to secure or retain gainful
employment in spite of continued diligent attempts and repeated efforts
at training and retraining may be considered unemployable.
The difference resulting from subtracting a household's projected
thirty-day net income from the household's thirty-day need, which
is the sum of the client's actual thirty-day expenses for basic necessities,
up to the specific chapter maximums.
A.
Under 22 M.R.S.A. § 4306, records, papers,
files and communications relating to an applicant or recipient of
general assistance are confidential, and no information relating to
an applicant or recipient of general assistance may be disclosed to
the general public, unless expressly permitted by that applicant or
recipient.
B.
Information supplied to the municipality by the State
Department of Health and Human Services under 22 M.R.S.A. § 4314,
Subsection 1, concerning recipients of categorical assistance is to
be held confidential by the municipality. Misuse of information, whether
in state or municipal records, concerning public assistance clients
is punishable by law as a misdemeanor (22 M.R.S.A. § 42).
The Director of Health and Community Services should also be aware
of laws concerning the confidentiality of records concerning narcotics
prescriptions and records concerning birth, marriage and death (22
M.R.S.A. § 2706).
[Amended 11-14-2007 by Ord. No. 07-319]
[Amended 11-14-2007 by Ord. No. 07-319]
The Health and Community Services Department
is required by statute to keep complete records of general assistance
granted by the City of Bangor. In addition to general statistical
records concerning the number of persons given assistance and the
cost for such support, a separate case record is established for each
individual or household applying for general assistance.
A.
The purpose for keeping records of general assistance
is three-fold:
B.
When verification of circumstances affecting eligibility
is needed, information recorded will be limited to what is necessary
to ensure validity of the decision concerning assistance. Narrative
record will be utilized to explain the unique circumstances of each
client.
C.
Minimum information to be maintained in case records
by the caseworker is the following:
(1)
Completed application for assistance.
(2)
Grounds for approval or denial of application.
(3)
A narrative social history recording the need for
assistance, the results of home visits, collateral information, referrals,
changes in status, etc.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Complete data concerning the type and amount of assistance
granted.
(5)
A copy of the notification of eligibility form.
Any person who makes an application for assistance
and who has never applied for assistance in any municipality within
the State of Maine shall have their eligibility determined solely
on the basis of need. All subsequent applications shall be considered
in accordance with these guidelines.
A.
Right to apply.
(1)
Any person has the right to apply for general assistance.
An individual may do so by appearing in person before a caseworker
and expressing a desire to receive general assistance and by completing
a written application and other forms as may be required by the Director
of Health and Community Services. If an individual is incapacitated,
application may be made through a duly authorized representative.
[Amended 11-14-2007 by Ord. No. 07-319]
(2)
In any case when an applicant is unable, due to illness,
disability, lack of transportation, lack of child care or other good
cause, to apply in person for assistance or unable to appoint a duly
authorized representative, the caseworker shall accept an application
by telephone, subject to verification by mail and a visit to the applicant's
home, with the consent of the applicant. If the applicant fails to
give such consent, assistance will be denied.
B.
Caseworker's responsibilities at time of application.
When application is made for general assistance, the caseworker shall
inform the applicant of:
(1)
The standards of eligibility for general assistance
in the City of Bangor.
(2)
The applicant's right to review and the nature of
the review process.
(3)
The applicant's responsibility for reporting all facts
material to a proper determination of eligibility, and the penalties
for false representation, to the caseworker in order to receive general
assistance (see 22 M.R.S.A. § 4315) and that such false
representation is a Class E crime and may, upon written notice, result
in a disqualification of 120 days. Allegations of fraud and abuse
made by members of the public may be investigated through a home visit
conducted during regular working hours (Monday through Friday, 8:00
a.m. to 4:00 p.m.).
(4)
The joint responsibility of the caseworker and the
applicant for presenting records or documents in their possession
or readily available to them to support their statements.
(5)
The kinds of verification needed.
(6)
The fact that an investigation will be undertaken
by the Health and Community Services Department as to the applicant's
income, resources and assets and that such an investigation may include
an announced home visit made during regular working hours.
[Amended 11-14-2007 by Ord. No. 07-319]
(7)
The applicant's responsibility for notifying the caseworker
of any change in circumstances that will affect their eligibility.
(8)
Any other programs of assistance or service of which
the caseworker may be aware of which the applicant may avail themselves
in addition to or in lieu of receiving general assistance.
(9)
The City of Bangor's rights and remedies for reimbursement
from the applicant's relatives pursuant to 22 M.R.S.A. § 4319.
(10)
The applicant's personal responsibilities for reimbursement
to the City of Bangor under 22 M.R.S.A. § 4318.
C.
Emergency benefits prior to full verification. Whenever
an applicant for general assistance states to the caseworker that
they are in need of immediate assistance to meet basic necessities,
the caseworker shall, pending verification, issue to the applicant,
within 24 hours of the application, sufficient benefits to provide
the basic necessities needed immediately by the applicant, provided
that the following conditions are met:
(1)
Probability of eligibility for assistance after full
verification. As a result of the initial interview with the applicant,
the caseworker shall have determined that the applicant will probably
be eligible for assistance after full verification is completed.
(2)
Documentation. Where possible, the applicant shall
submit to the caseworker at the time of the initial interview adequate
documentation to verify that there is a need for immediate assistance.
(3)
Information obtained. When adequate documentation
is not available at the time of the initial application, the caseworker
may contact at least one other person for the purpose of obtaining
information to confirm the applicant's statements about their need
for immediate assistance.
D.
Temporary refusal to accept applications. Under special
circumstances the Department may refuse to accept applications. Such
circumstances shall include, but are not limited to, the following:
(1)
Cases where the applicant's conduct is abusive and
disruptive or in cases where the applicant is under the influence
of alcohol or drugs. The applicant may be required to leave. If they
refuse to leave, the police may be summoned. The applicant will be
informed that an application will be taken when the particular circumstances
are no longer present.
(2)
Cases where a third person desired to make application
for assistance on behalf of the applicant. The person will be requested
to provide written verification that they have been authorized to
act as representative for the applicant.
Each applicant and recipient has a responsibility
at the time of the application and continuing thereafter:
A.
To provide accurate, complete and current information
concerning their needs, resources and assets and the whereabouts and
circumstances of responsible relatives.
B.
To notify the caseworker when a change in their needs,
resources and assets will affect eligibility for general assistance.
C.
To apply for and utilize any other available benefits
or resources that will reduce or eliminate the need for general assistance.
D.
To reimburse the City for the costs of assistance
granted in the event that they become of sufficient ability to pay
the same. The City may recover the full amount expended for assistance
either from the person relieved or from any person liable for the
recipient's support, their executors or administrators in a civil
action. In no case may the City be authorized to recover through a
civil action, in full or part, the amount expended for assistance
of a previously eligible person if, as a result of the repayment of
that amount, this person would in all probability again become eligible
for general assistance.
E.
To use all moneys available to them for necessities
first before requesting general assistance or purchasing luxury items.
Any initial interview or any later proceedings,
including any investigation of the applicant's eligibility, shall
be conducted in a manner that will not violate the privacy, personal
dignity or individual rights of either the caseworker or the client
and/or their family and personal acquaintances.
[Amended 11-14-2007 by Ord. No. 07-319]
Unless an application is withdrawn, the caseworker
must make a decision concerning the applicant's eligibility and, if
eligible, commence furnishing relief within 24 hours after the date
of submission of a signed and completed application, together with
all other forms required by the Director of Health and Community Services.
An application is considered withdrawn if:
A.
The caseworker is unable to complete the interview,
if the applicant refuses to cooperate with the caseworker;
B.
The applicant dies before general assistance is furnished;
C.
The applicant avails themselves of another service
which makes them ineligible under these guidelines;
D.
The applicant requests, in writing, that their application
be withdrawn; or
E.
The applicant fails to complete or sign the application
or any other form required by the Director of Health and Community
Services.
[Amended 11-14-2007 by Ord. No. 07-319]
A.
The application form will show the duration of the
limited periods of entitlement. Written notice of termination or suspension
of benefits with opportunity for hearing will be given should a decision
be made to discontinue assistance during this limited period of entitlement.
B.
If a hearing is requested within the established time
limit, assistance will continue pending a decision from the hearing
authority. At no time will such an extension of benefits outlast the
original certification period.
Under Maine law, the care and supervision of
unemancipated minors becomes the responsibility of the Department
of Health and Human Services when parents or legal guardians cannot/will
not fulfill their parental responsibilities.
A.
When an unemancipated minor applies for general assistance:
(1)
The caseworker will attempt to contact the parents
or legal guardians of the applicant to inform them of the application,
action on the application and the parent's/guardian's responsibility
to support. Contact will not be made if the caseworker has sufficient
reason to believe that such contact may physically endanger the minor;
and
(2)
The Department of Health and Human Services Child
Protective Services will be notified by the caseworker, in writing,
that the minor may be living in circumstances which are seriously
jeopardizing the health and welfare of the minor.
B.
Minors will be expected to comply with all eligibility
requirements set forth in this chapter.
C.
Nothing in this section may permit the City of Bangor
to deny assistance to an otherwise eligible minor when there is any
dispute regarding parental or Department of Health and Human Services
responsibility.
D.
When sufficient funds to support the minor within
the standards of these regulations are unavailable from the Department
of Health and Human Services or from any other source, emergency assistance
may be given to an unemancipated minor for a maximum of 30 days, pending
a decision from the Department of Health and Human Services. Such
assistance may be in the form of goods, household/personal items,
rent in an already established household, etc. Emergency shelter may
be provided in a City-run shelter.
A.
A person under the age of 18 who has never married
and who has a dependent child or is pregnant is eligible for assistance
only if that person and child reside in a dwelling maintained by a
parent or other adult relative at the parent's or relative's own home
or in a foster home, maternity home or other adult-supervised supportive
living arrangement, unless:
(1)
The person has no living parent or the whereabouts
of both parents are unknown;
(2)
No parent will permit the person to live in the parent's
home;
(3)
The Department of Health and Human Services determines
that the physical or emotional health or safety of the person or dependent
child would be jeopardized if that person and dependent child lived
with a parent;
(4)
The individual has lived apart from both parents for
a period of at least one year before the birth of any dependent child;
(5)
The Department of Health and Human Services determines
that there is good cause to waive this requirement; or
(6)
The person has been legally emancipated by valid decree
of a state, tribal or federal court.
B.
For the purpose of this section, "parent" includes
a legal guardian.
C.
Under statute, the City of Bangor is absolutely immune
from suit on any tort claims seeking recovery or damages by or on
behalf of the minor recipient in connection with the provision of
general assistance.
A.
Residence is a factor in determining whether the City
of Bangor is responsible for providing assistance to an individual.
The City has a statutory duty to give assistance to residents (see
definition) of the City who are in need. Assistance will be given
to eligible persons who apply for assistance and who are neither residents
of the City nor of any other municipality. When the City of Bangor
assists a recipient to relocate, at the recipient's request, in another
municipality the City will continue to be responsible for the support
of said recipient for 30 days after relocation. An applicant who is
in a group home, shelter, rehabilitation center, nursing home, hospital
or other institution at the time of application and who has either
been in that institution for six months or less or has a residence
which they have maintained and to which they intend to return shall
remain the responsibility of the municipality where the applicant
was a resident immediately prior to entering the institution.
B.
If a resident of another municipality falls into distress
in the City of Bangor, emergency assistance may be given to that individual
on behalf of the responsible municipality, provided that the administration
in that municipality had given prior approval and has agreed to reimburse
the City of Bangor for the assistance provided.
No person owning assets easily convertible into
cash, including but not limited to bank deposits, stocks, bonds, certificates
of deposit or other marketable security or life insurance with a cash
surrender value, will be eligible for assistance. In those cases where
the need for relief is determined to exceed the cash value of such
liquid assets, assistance may be granted for any remaining difference.
No person owning or possessing tangible assets
consisting of more than one motor vehicle or a boat, trailer, recreation
vehicle or other assets that are convertible into cash and nonessential
to the maintenance of the applicant's household shall be eligible
for general assistance.
A.
Exceptions may be made when a person is making an
initial application and when reasonable efforts to convert assets
to cash at fair market value are unsuccessful.
B.
Tools of a trade and other equipment used for the
production of income are not considered available assets.
C.
The ownership of one automobile under the value of
$8,000 by an applicant or a dependent will not make the applicant
ineligible for assistance if such automobile is essential for transportation
to employment, medical care, rehabilitation or training facilities.
Applicants who are neither citizens of the United
States nor lawfully admitted clients may be referred to the United
States Department of Immigration for appropriate action. Emergency
assistance may be granted to an applicant pending action by the Department
of Immigration.
Any applicant or recipient must make a good
faith effort to secure any potential resources which may be available,
including but not limited to any state or federal assistance program;
unemployment benefits; governmental or private pension programs; available
trust funds; support from legally liable relatives; child support;
jointly held resources where the applicant or recipient share may
be available to the individual, etc. Assistance shall not be withheld
pending receipt of such resources as long as application has been
made or good faith effort is being made to secure the resource.
A.
Any individual applying for or receiving assistance
due to a disability must make a good faith effort to make use of any
medical and/or rehabilitative resources that may be recommended by
a physician and which are available without financial burden which
would not constitute further physical risk to the individual.
B.
Any applicant who forfeits receipt of or causes reduction
in benefits from another public assistance program because of a knowing
and willful violation of a program rule is not eligible to receive
general assistance to replace the forfeited assistance.
A.
Insurance that is available to an applicant on a noncontributory
basis or that is required as a condition of employment will not be
a factor in determining eligibility for general assistance. Life insurance
with a cash surrender value may be considered as a tangible asset.
The applicant must begin the process of liquidating this asset within
seven days of application, and the proceeds from this asset must be
used to purchase basic necessities.
B.
Minimum liability coverage will not be a factor in
determining eligibility when an automobile is essential for transportation
to employment, medical care, rehabilitation or training facilities,
except that the mileage reimbursement is intended to cover the cost
of insurance, as well as registration, inspections, etc.
No person owning real property shall be eligible
for assistance except as follows:
A.
Where the applicant owns real property which they
make their home, they may be eligible to receive assistance.
B.
When the City spends general assistance funds to provide
mortgage payments to an eligible person, such payment may not exceed
the housing maximums stated in these guidelines. A lien may be placed
upon that property for the amount of mortgage assistance given. Such
a lien will not be claimed until the death of the recipient or the
transfer of said property. Any recipient receiving assistance with
a mortgage payment will receive written notification of these conditions.
C.
When the City spends general assistance to make capital
improvements to real estate, whether land or buildings or a combination
of land and buildings, on behalf of an eligible client, a lien may
be placed upon that property for the amount of the assistance given
to make the capital improvement. No such lien shall be enforced by
collection or other legal action until the death of the recipient
or the transfer of the property to a third party. Any recipient receiving
assistance with capital improvements will receive written notification
of these conditions.
D.
The Health and Community Services Department may provide
assistance upon receipt of the initial application to persons owning
real estate other than their home in case of emergency. Continued
eligibility for any type of assistance will depend upon the applicant
making a reasonable effort to dispose of such real property at a fair
market value.
[Amended 11-14-2007 by Ord. No. 07-319]
Unless exempted herein, every person receiving
assistance under this chapter shall actively seek and accept gainful
employment. For purposes of this chapter, "gainful employment" shall
mean any available employment within the recipient's skills and abilities
resulting in the maximum possible income for the recipient. Such efforts
shall include, but not be limited to, registration with the Bureau
of Employment Services of the Maine Department of Labor, diligent
solicitation of available job openings and making oneself available
for work at all times during the night or day. The requirements of
this chapter shall also apply to every member of the recipient's household,
unless specifically exempted.
A.
The only persons who shall be exempted from this requirement
shall be:
(1)
Dependent minor children.
(2)
Persons over the age of 65.
(3)
Persons who, by reason of illness or disability, are
unable to perform any type of work. Any person claiming to be exempt
from seeking or accepting employment because of illness or disability
may be required by the Health and Community Services Department to
be examined by a qualified physician at the Department's expense.
Reimbursement for these services shall be at current Medicaid rates.
[Amended 11-14-2007 by Ord. No. 07-319]
(4)
Persons whose presence is required in the home in
order to provide care for a dependent child under the age of six years
or for any ill or disabled member of the household.
(5)
Persons 18 years of age and older who are regularly
participating in a vocational training or primary or secondary educational
program which would assist the individual in securing employment.
B.
Applicants and recipients are ineligible for assistance
for 120 days if, without just cause, they:
(1)
Quit work or are discharged for misconduct. The disqualification
commences with the date of separation from employment.
(2)
Refuse to search for employment.
(3)
Refuse to register for work.
(4)
Refuse to accept a suitable job offer under this section.
(5)
Refuse to perform or willfully fail to perform a job
assigned under this section.
(6)
Willfully perform a job assigned under this section
below the average standards of that job.
(7)
Refuse to participate in a training, educational or
rehabilitation program which would assist them in securing employment.
C.
This person may become eligible during this period
of time if they become employed or otherwise satisfies the requirement
of this section for which they were disqualified.
D.
In no case may the requirement to search for work
or participate in a work or training program interfere with:
(1)
Existing gainful employment or participation in a
vocational training or primary or secondary educational program which
would assist the individual in securing employment;
(2)
The individual's ability to follow up on a bona fide
job offer;
(3)
Attendance at an interview for possible employment;
(4)
Participation in a primary or secondary educational
program intended to lead to a high school diploma; or
(5)
Participation in a training program which is operated
under the control of the Department of Health and Human Services or
the Department of Labor. This does not include participation in a
degree-granting program, except when that program is under the Department
of Health and Human Services or the Department of Labor.
All persons otherwise eligible for general assistance
under this chapter may be required to perform work for the City of
Bangor or to participate in a training or educational program which
would assist them in securing employment as a condition of receiving
such assistance. Any such work requirement shall be subject to the
provisions of 22 M.R.S.A. § 4316-A, as modified by the following:
A.
The work requirements of this chapter shall be under
the direction of the Director of Health and Community Services, who
shall be authorized to issue such administrative directives as may
be necessary from time to time to ensure the proper implementation
of the work requirement program.
[Amended 11-14-2007 by Ord. No. 07-319]
B.
An otherwise eligible person who refuses a workfare
assignment from the City of Bangor under this chapter without just
cause shall be ineligible for general assistance for a period of 120
days.
(2)
A recipient who is disqualified under this section
will be given one opportunity to regain eligibility during the one-hundred-twenty-day
disqualification. Any recipient who intentionally causes damage to
property or harms other employees by their actions and is discharged
by the work supervisor will not be entitled to regain eligibility
by returning to the work program. Eligibility may be regained by otherwise
becoming employed and meeting the definition of need.
C.
In no case shall eligible persons performing work
under this chapter replace regular municipal employees.
D.
No person shall, as a condition of general assistance
eligibility, be required to do any amount of work that exceeds the
value of the net general assistance that person should otherwise receive
under these general assistance standards. Any person performing work
under this chapter shall be provided with net general assistance,
the value of which is earned at a rate of at least the state's minimum
wage. Expenses related to the work performed shall be considered in
determining the amount of net general assistance being provided.
E.
Work performed under this chapter shall not interfere
with the eligible person's existing employment; ability to follow
up on a bona fide job offer; attendance at job interviews; participation
in a primary or secondary educational program intended to lead to
a high school diploma; or participation in a training program which
is either approved or determined, or both, by the Department of Labor
to be reasonably expected to assist the individual in securing employment.
This subsection does not include participation in a degree-granting
program, except when that program is a training program operated under
the control of the Department of Health and Human Services or the
Department of Labor.
F.
An eligible person may be required to perform work
prior to receiving assistance when that assistance is not emergency
in nature.
G.
Failure of an otherwise eligible person to accept
a suitable workfare assignment under this section shall not affect
the general assistance eligibility of any member of the person's household
who is incapable of working; a dependent minor child; an elderly,
ill or disabled person; and a person whose presence is required in
the home in order to provide care for a dependent child under the
age of six years or for any ill or disabled member of the household.
H.
General assistance recipients required to perform
work for the City of Bangor under this chapter will complete and execute
such forms as may be required by the Director of Health and Community
Services for purposes of administering the work requirement program.
All forms will be read to the recipient to ensure complete understanding
of the conditions under which the general assistance is to be granted.
The work order form will detail the amount of time the recipient is
expected to work, the department to which they are assigned and the
date, time and work location to which they are to report. Expenses
related to work performed under this section by an eligible person
shall be considered in determining the amount of net general assistance
to be provided to the person.
[Amended 11-14-2007 by Ord. No. 07-319]
A.
It is the policy of the City of Bangor not to expend
public funds for security deposits. When the only suitable housing
available requires a security deposit, the client will be required
to enter into an agreement with the landlord to pay a portion of the
deposit each month until the total payment is made or to apply for
whatever other resources might be available to assist in the payment
of security deposits. When no other solution is possible, the caseworker
may issue a written guaranty for damages (in lieu of up to one month's
rent).
B.
Assistance is not available to pay a bill for a basic
necessity when that bill is more than two months old and the person
requesting assistance had sufficient income, money assets or other
resources available to pay for the basic necessity when the bill was
received. The person requesting the assistance shall be required to
provide evidence of income for the applicable time period.
C.
At the discretion of the Department, the current bill
may be guaranteed to prevent an eviction or a utility shutoff.
No welfare funds shall be expended for hotel
rooms where the costs exceed the rental allowance. However, an exception
would be made for efficiency units where no shelter facilities are
available.
A.
It is the responsibility of the individual requesting
assistance to provide enough information to verify that they are eligible.
This verification may include but not be limited to wage statements,
receipts for household expenditures, etc.
B.
The caseworker may contact sources other than the
applicant for verification only with the specific knowledge and consent
of the applicant, except that the caseworker may examine public records
without the applicant's knowledge and consent.
C.
Home visits may be made in order to verify information
supplied by the client at the time of application. Clients will be
notified at the time of application that such a visit is possible.
Visits will be conducted during regular working hours (Monday through
Friday, 8:00 a.m. to 4:30 p.m.).
D.
Any applicant who refuses to allow a home visit will
be denied assistance under this section until such a visit is allowed.
E.
When available information is inconclusive or conflicting
regarding a fact which is material and necessary to determine eligibility,
the applicant will be advised as to what questions remain. To be considered
inconclusive or conflicting, the information on the application must
be inconsistent with statements made by the applicant, inconsistent
with other information on the application or previous applications
or inconsistent with information received by the caseworker from other
sources. Assistance may be denied or terminated if the applicant is
unwilling to supply the caseworker with necessary verification or
permission to make collateral contacts or if the caseworker cannot
determine that eligibility exists after contact with the applicant
or the applicant's collateral contacts.
Personal financial resources shall be used to
meet current expenses before requesting assistance.
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.
[Amended 12-28-2009 by Ord. No. 10-030]
(1)
If there is no deficit and no emergency is determined
to exist, assistance will be denied.
(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 their
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 (SSI) 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 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.
(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 and Human Services
that authorizes the Social Security Administration 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 who refuses
to sign such an authorization will be found ineligible for general
assistance until they provide the required signature.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 case-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.
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 they 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 their total income and the basic total requirements of their household
as established in these guidelines. There will be no automatic eligibility.
All applicants must complete the application process.
N.
Deficit
formula assistance.
[Added 12-28-2009 by Ord. No. 10-030]
(1)
In
order to receive assistance under this section, the applicant must
be maintaining their own household, have a need deficit under the
deficit formula and satisfy all 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 to purchase basic necessities. For the purposes 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.
(5)
Applications
for assistance under this section must be processed within 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.
[Amended 11-13-2006 by Ord. No. 06-327; 10-22-2007 by Ord. No.
320; 11-14-2007 by Ord. No. 07-319; 11-10-2008 by Ord. No.
08-344; 4-13-2009 by Ord. No. 09-118; 10-26-2009 by Ord. No.
09-314; 12-28-2009 by Ord. No. 10-030]
A.
The overall
maximum levels of assistance shall be periodically adjusted to conform
to 22 M.R.S.A. § 4305(3-B) as published annually in the
Maine Municipal 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.
B.
Rental
assistance.
(1)
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 based on apartment size shall be periodically
adjusted to conform to the fair market rents promulgated by the Department
of Housing and Urban Development for the Bangor Metropolitan Statistical
Area. A copy of the maximum levels of rental assistance shall be on
file in and available from the City's general assistance office.
(2)
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 shall be derived by dividing the maximum rental rate in Subsection B(1) by the number of renters in the dwelling unit.
(3)
Landlord
responsibilities.
(a)
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.
(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.[1]
[Amended 11-14-2007 by Ord. No. 07-319; 12-28-2009 by Ord. No. 10-030]
A.
There are two categories of assistance which are administered by the Health and Community Services Department under the General Assistance Program: deficit formula (§ 134-26) and emergency assistance (this section). Eligibility under all emergency provisions other than those covered by § 134-5C of this Code shall be determined by this section.
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 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:
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 $550 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.
[Amended 11-8-2010 by Ord. No. 10-358]
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.
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.
A.
Rights to review. Any applicant/recipient aggrieved
by a decision, act, failure to act or delay in action concerning their
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 until that applicant/recipient has been provided notice
and an opportunity for hearing.
B.
Initiation of appeal.
(1)
To
request an appeal, the aggrieved person must file a written request
for the same with the Health and Community Services Department:
[Amended 11-14-2007 by Ord. No. 07-319; 7-25-2011 by Ord. No.
11-236]
D.
Time for fair hearing. Pursuant to the requirements of 22 M.R.S.A.
§ 4322, the requested hearing shall be held by the fair
hearing authority within five working days following the receipt of
the written request for an appeal. The Director shall inform the aggrieved
person of the review procedure and the date, time and place of the
fair hearing.
[Amended 7-25-2011 by Ord. No. 11-236]
E.
Fair hearing authority. All appeals under these guidelines shall
be heard by the fair hearing authority, who shall consist of the Assistant
City Manager, the Finance Director, and the Community and Economic
Development Director. The Housing Rehabilitation Specialist shall
serve as the alternate member of the fair hearing authority. A majority
of the members of said fair hearing authority shall constitute a quorum
for the transaction of business, but a smaller number may adjourn
a meeting from one time to another.
[Amended 7-25-2011 by Ord. No. 11-236; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
F.
Conduct of hearing. All reviews by the fair hearing authority will
be conducted in accordance with the following:
[Amended 11-14-2007 by Ord. No. 07-319; 7-25-2011 by Ord. No. 11-236]
(1)
The proceeding will be conducted privately and openly only to:
(2)
The proceeding will be conducted informally, without technical rules
of evidence apart from the standard set in 5 M.R.S.A. § 9057(2),
but subject to the requirements of due process.
(3)
The review will be opened with a presentation of issues by the fair
hearing authority or its legal counsel.
(4)
After the presentation of issues, the aggrieved person shall present
their position with the aid of legal counsel or other spokesperson
and/or witnesses.
(5)
The Director of Health and Community Services and/or their staff
shall then present the position of the Health and Community Services
Department with the aid of legal counsel or witnesses.
(7)
The Committee's decision shall be determined solely upon the evidence
presented by all parties at the hearing. Said decision shall be in
accordance with these guidelines and the state statutes relating to
granting of general assistance.
G.
Decision.
[Amended 11-14-2007 by Ord. No. 07-319; 7-25-2011 by Ord. No. 11-236]
(1)
Upon completion of the fair hearing, the fair hearing authority shall
prepare a written notice of its decision which will contain the following
information:
(2)
Copies of the notice of decision will be provided within five working
days of the hearing to the aggrieved person.
(3)
When any decision by a fair hearing authority or court authorizing
assistance is made, that assistance must be provided within 24 hours.
H.
Further appeal. Further appeals may be taken from any action or failure
to act of the fair hearing authority or the Director of Health and
Community Services, by any party, to the Superior Court in accordance
with Rule 80B of the Maine Rules of Civil Procedure. The aggrieved
person shall be notified of their right to such an appeal.
[Amended 11-14-2007 by Ord. No. 07-319; 7-25-2011 by Ord. No. 11-236]
I.
The City shall make a record of the fair hearing. The City's obligation
is limited to keeping a taped record of the hearing. Costs for preparing
any transcripts which are required to pursue an appeal of the fair
hearing authority's decision shall be paid for by the applicant.
[Amended 7-25-2011 by Ord. No. 11-236]
