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City of Portland, Maine Public Safety/Health & Human Services

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City of Portland, Maine Public Safety/Health & Human Services City of Portland, Maine Public Safety/Health & Human Services Committee March 10, 2015 5:30 PM Council Chambers, City Hall Meeting Agenda 1. Approval Of Meeting Minutes From February 10, 2015 2. Staff Response To General Assistance Audit (Action Item) Documents: GA PSHHS COMMITTEE.PDF, ATTACHMENT A.PDF, ATTACHMENT B.PDF, ATTACHMENT C.PDF, ATTACHMENT D.PDF, ATTACHMENT E.PDF, ATTACHMENT F.PDF, ATTACHMENT G.PDF 3. Staff Recommendations Re: Feasibility Study Of Consolidation Of Services (Action Item) Documents: SHELTER CONSOLIDATION.PDF, ATT. A SCATTERED SITE SHELTER PROPOSAL.PDF, ATT B SHELTER CONSOLIDATION DRAFT BUDGET 2014.PDF, ATT. C MEMO.PDF 4. Fire/Code Task Force Update And Recommendation (Action Item) Documents: PSHHS CMTE MEMO MARCH 10.PDF, ATT A IMPLEMENTATION TIMELINE.PDF, ATT B ROLES AND RESPONSIBILITIES.PDF, ATT C RENTAL REGISTRATION FEE OPTIONS MEMO.PDF, ATT D BUDGET REQUEST.PDF, ATT E DISCLOSURES FORMS.PDF, ATT F RECOMMENDATIONS TO COUNCIL PSHHS CMTE.PDF 5. Ordinance Changes (Action Item) 5.I. Smoking Ordinance Documents: PSHHS CMTE 3.10.15 MEMO ENDS.PDF, ANR ECIG LIST AS OF 1.1.15.PDF, DRAFT CHAPTER 17 RE SMOKING AND ENDS 3.6.15.PDF 5.II. Food Service Ordinance Documents: COMMITTEE MEMO 3.6.15.PDF, CHAPTER011.FOOD AND FOOD HANDLERS.PDF 6. Barron Center Update (Communication Only) Documents: BARRON CENTER UPDATE 3.2015.PDF 7. Adjourn Public Comment will be taken on action items General Assistance Council Workshop - March 2, 2015 Overview . Pending GA Lawsuit . 2015 GA Audit – Legal Perspective . 2015 GA Audit – Response to Alleged Violations . Councilor Questions . Short- and Long-Term Financial Impacts . Plan of Action and Next Steps . Attachments While the City’s administration of General Assistance has been found in compliance by the State for more than 20 years, the change in statute interpretation by the current administration puts the City in a financially untenable situation which we need to stabilize. Such changes require stakeholder involvement and discussions in greater detail with the Public Safety, Health & Human Services Committee. This document serves to provide further insight into the situation, respond to Councilor questions, and begin to lay out possible policy changes to address the financial impact on the City. Pending General Assistance (GA) Lawsuit Currently, this lawsuit is focused on challenging the State's issuance of so-called "guidance"/amendments to the GA rules, which did not go through the proper and established substantive rule-making process. The Maine Municipal Association (MMA), Westbrook and the City all argue that the State's failure to go through this rule-making process violated the law and so the State must be enjoined from pursuing the implementation of and requiring compliance with this new "guidance"/rule. Two parties have also intervened in the lawsuit (Maine Equal Justice Partners and the American Civil Liberties Union of Maine) on behalf of individuals (asylum seekers/refugees) who receive GA benefits. They argue that the State should have gone through rule-making and further allege that "guidance"/rule is also discriminatory. 2015 General Assistance Audit The 2015 GA audit is attached (Attachment A) for your reference. This audit reviewed ninety (90) cases and found that the City had properly reviewed and administered benefits in all cases. Despite this, the auditors did request some additional documentation that they used to note some issues with the City's administration of GA that they find to be non-compliant with Maine law (they noted some of these same issues in an as yet unresolved 2013 audit). These alleged issues include: the presumption of eligibility for an indefinite period of time; the submittal of expenses related to the operation of shelters; not requiring shelter residents to use income or resources available for their current needs; and the submittal of requests for reimbursements for individuals who are not qualified to receive benefits Page 1 of 7 under 8 U.S.C. section 1621. The audit cites various state statutes (which are attached hereto – Attachment B). The City’s GA ordinance is also attached for your reference (Attachment C). Before we review the details of the audit (see below), please note that an audit occurred in 2013 which was challenged by the City (Attachment D). To date, we have never received a final response from the State, and so we did not take any further action with regard to the 2013 audit. First, it is important to describe the process of responding to the audit. The process is as follows: if the City disagrees with the aforementioned audit findings, it is required to respond to the State within ten (10) days of the receipt of the audit report. In this case, we have requested and have been granted an extension of this deadline to March 16, 2015. Thereafter, if the City is still found to be out of compliance with the GA requirements (as determined by the State) the City will have thirty (30) days to submit a plan of correction, which is to specify what action shall be taken in order to achieve compliance. If the plan is accepted by the State, the City will receive a written response indicating this and another review will be done within sixty (60) days. Ultimately, if at a subsequent review the same violations are found, the State/DHHS may then (at that time only) be entitled to withhold reimbursement to the City relative to GA payments made after the initial notification of non-compliance has been issued until compliance is met. Next, it is important to note in reviewing the 2015 GA audit and determining next steps (all of which will be discussed in detail as they relate to the City's legal rights and duties in executive session on Monday night), that the City has had numerous discussions with the State/DHHS with regard to the very same issues since the mid-1980s. In fact, correspondence/documentation (attached hereto – Attachment E) exchanged between the City and the State/DHHS indicates that the issues were raised in the past and ultimately resolved (with the State/DHHS's agreement and the addition in 1989 and the deletion in 1992 of statutory language in 22 M.R.S. sections 4304(3) and 4308) to allow the City to "presume eligibility" for persons to whom the City provides the services of the emergency shelter and bill the State/DHHS for the operating costs of the shelter. 2015 GA Audit – Proposed Actions in Response to Alleged Violations The following proposed actions are indicative of City administration’s desire to mitigate the negative financial impact of the Governor’s and State DHHS’ change in policy direction. These recommended changes should in no way be interpreted to mean that the City has not been operating in accordance with its written agreements with the State for the last 20-plus years. Alleged Violation Response Proposed Action (1) Eligibility of shelter residents Shelter consumers who do not Comply effective May 1 (to allow time for assistance is not being receive direct GA benefits have to work with stakeholders and determined [on a monthly not been required before now, communicate with clients). basis] as required by statute per State audits, to complete a and eligibility applications full eligibility screen. All other Monthly eligibility form for shelter are not being properly GA beneficiaries have to consumers is included in Attachment processed. complete the full eligibility E. Page 2 of 7 Alleged Violation Response Proposed Action screening process as required in statute. (2) Presumptive eligibility Please see Response above in Please see Proposed Action above in provisions…are being (1). (1). incorrectly applied… beyond an initial night at the shelter. (3) The General Assistance As discussed above, the City Comply effective May 1 (to allow time program… does not permit and the State have had to work with stakeholders and reimbursement to previous discussions over the communicate with clients). municipalities for operating past decades about this and, expenses of shelters apart until now, the City’s practices The potential cost to the City, at best, from costs directly were deemed in compliance. would be $820,235. This estimate attributable to eligible (Attachment E) comes from 2014 Shelter Costs of $ individuals. 2,780,219, with 81,666 bed nights and a cost per night of $34.04. Even if each shelter consumer was deemed eligible for the maximum allowance per night ($24), and assuming a stable number of bed nights, the reimbursement would be $1,959,984, thus the loss to the City of a minimum of $820,235. (4) The City… is not requiring Annual State audits and official Effective May 1, the City will comply residents of an emergency correspondence, as noted in (3), with the State’s current interpretation shelter to utilize any income have consistently approved this of eligibility and utilization of income or resources they have for practice. requirements. their current needs… nor are they requiring that eligibility However, it is important to restate for assistance be based on that the City is required to determine need… GA eligibility within 24 hours of application. Most of the verifications (see Attachment F) are supplied by the State, and the City’s records show that the State takes between 1-3 months to provide this verification. (5) The City… is incorrectly Annual State audits and official This item is the subject of pending submitted reimbursement correspondence, as noted in (3), litigation. requests for individuals who have consistently approved this are not U.S. citizens or practice. otherwise eligible for state and local benefits… Page 3 of 7 Councilor Questions – Questions in addition to those addressed in the first section: . How are Financial Eligibility staff trained? New staff job shadow with current FES staff to learn the specific job functions and methods of interviewing applicants.
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