Documents

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“CCWRO Board Meeting DATE: THURSDAY, December 8, 2011 TIME: 6:00 P.M PLACE: Conference Call In order to hook into the conference call you must follow the steps below: 1. Dial 1-866-299-7945 2. Enter the pass code number that is 8927157 3. Enter pound (#) 4. You are in the conference call. Agenda Agenda Item Board Action Approval of the proposed agenda Approval of the last meeting minutes Director’s Report See attached. Litigation Committee Report Fiscal Report Old issues Seth Blackmon Grant Writing Update Update from performance review committee The Committee Chris, Steve, Smurr will report back at the next meeting. Update on priorities survey Update on planning for board training DIRECTOR’S REPORT CCWRO MEETING PROJECT: CCWRO is preparing for 2012. The planning for the meeting project of 2012 is complete. Attached is a copy of the 2012 CCWRO FNS\/DSS \/DHCS meeting schedule. LEGISLATION. CCWRO is working on three bills. Each of these bills are a two-year bills. SB 320 regarding the California Department of Social Services administrative hearing process, , will be heard by the Assembly Human Services Committee next year. Meanwhile, DSS has established a SB 320 workgroup to work on fair hearing proposals that will make the process more efficient and will be beneficial to our clients. This workgroup has been very active. The workgroup is composed of representatives from LAFLA, NLS, LSNC, CCWRO and WCLP . WCLP and not been active in this workgroup given the workload of Antionette Dozier. AB 596 is our childcare bill. Assemblywoman Carter’s office will be setting up a meeting with the State Department of Education to discuss possible modifications that stakeholders can agree on. This has not happened yet. AB 808 is on the Senate side. We may be amending the bill to require a transitional food stamp process consistent with federal law and then add a provision that requires counties to waive the ABAWDS requirement. This bill may also be used for a domestic violence legislation that everybody agrees with. It may also be used to codify the modernization proposals of DSS for the Food Stamp program. CCWRO is working on four (4) legislative ideas that will be discussed with the legal services community before they are introduced. LITIGATION: Grace will be sending out a Litigation Update report FISCAL REPORT: CCWRO has about $30,000 from the Heatcock case that should carry us over to 2012-2013. Now that we do not have to do 12 trainings a year, this should reduce our travel costs for 2011-2012. We have moved part of our money from CitiBank to the Mechanics Bank recommended by the Huffington Post. We will be deposing all new checks in the Mechanics Bank. We are also planning to pay bill on-line in lieu of checks. We have received approval from the State Bar to take this efficiency step. Remember you can view all fiscal reports on http\/\/www.ccwro.org. At the top of the homepage go to Board Info User name: ccwro Password: 3864 NOTE: THIS IS CONFIDENTAL AND ACCESS IS LIMITED TO BOARD MEMBERS NEXT MEETING: Mark Your Calendar for 2012 meetings March 8, 2012 June 7, 2012 September 7, 2012 December 6, 2012 Minutes of the 12-8-11 CCWRO Board Meeting Attendees Steve Goldberg, Chris Douglas, Roman Romaso, Kevin Aslanian Approval of the proposed agenda The agenda was approved without objections. Approval of the last meeting minutes The minutes of the last meeting were approved without objections. Director’s Report The Directors report was accepted by the Board. Litigation Committee Report Grace reported on the litigation as it was set forth in the litigation report attached hereto. Fiscal Report Kevin reported that the EAF check for 2011-2012 was late again. The Trust Fund had assured him that an EAF will be coming sometime in January. The IOLTA check for the Third Quarter will be released in late December to mitigate the lateness of the EAF check. Old issues None Seth Blackmon Grant Writing Update Seth just had a baby so he is out of commission on a paternity leave. He will be working on grants at home. Update from performance review committee The Committee reported that they are making some progress, but noted that the Board needs to be expanded to have more people working on this project. Kevin said he would llok into new Board members and ask for suggestions from other Board members. Update on priorities survey Kevin reported that he is working on this and will circulate a first draft by the end of December 2011. Update on planning for board training This item was tabled until we get new members. Adjournement On a duly made motion that carried without objections the meeting was adjourned. DECEMBER 2011 LITIGATION REPORT 1. Pich, Et. AI., v. Wagner, Director, California Department Of Social Services; California Department Of Social Services; Does 1-50\/: Legal Aid Society of San Diego County requested that CCWRO represent a client in this lawsuit. CCWRO co-counsels with Robert Capistrano, Stephen Bingham and Amy Lee of Bay Area Legal Aid, Stephen Goldberg and Jodie Berger of Legal Services of Northern California, Robert Newman of Western Center on Law and Poverty and Christopher Le Grass and Ronald Katz of Manatt, Phelps and Phillips, LLP. The DAGs asked for an extension which made the reply brief due on November 19th. We received the reply brief on November 21st. Our brief is due on December 12th unless we ask for an extension. 2. Rossiter v. Wagner: LSNC is lead counsel. It is a 1094.5 and\u00b7 I 085 filed against John Wagner, Director ofDSS. W2W does not reimburse college students for instructional fees paid to an university. Sacramento County determined that non-instructional fees such are the Associated Student Fee, which funds the official governing body of CSUS students; the University Union Fee, which funds the bond sinking fund on the university union and the Health Facilities Fee, which funds the bond sinking fund for the Student Health Center are tuition or fees in the nature of tuition. We plan to file the opening brief on December 30th. CCWRO has reviewed the most recent draft of the Memo. CCWRO’s intern is researching the term \”in the nature of’ since CDSS regulations refers to tuition or in the nature of tuition but does not provide any guidance to the counties. 3. Brooks v. Wagner: Abby Lassen of CRLA-San Luis Obispo referred a 1094.5 case on equitable estoppel which CCWRO accepted. I requested the hearing tape and after hearing the county representative plead that the ALJ find equitable estoppel and other equitable relief. I accepted the case. As the DAG has not responded to the proposed settlement offer, I have\” sent a follow-up letter to the DAG. After contacting the DAG, Hammang said that he just mailed a signed settlement agreement to CCWRO which we have yet to receive. 4. Rossiter v. Lightbourne: Legal Services of Northern California referred an administrative hearing decision that we accepted. The petitioner is a voluntary SIP who is making satisfactory progress. He is exempt from WtW due to disability. Sacramento County seeks to discontinue the SP in favor of Job Club\/Search. The second issue regarding supportive services was resolved prior to the administrative hearing through a conditional withdrawal. Judge Nobriga ruled that claimant was not entitled to supportive services although it was not before him and found that there was no jurisdiction because the remedy to object to an assessment is 3rd party assessment which the claimant refused. Kara Reed-Spangler is assigned Rossiter 2 as well as Rossiter 1. Kara said that the record should be available at any time. We also received court notification that a writ court is being closed and this case is being transferred to Department 31. 5. Seymour v. Lightbourne: Legal Services of Northern California referred a hearing decision to us regarding equitable estoppel for an administrative writ of mandate. The ALJ denied equitable estoppel to bar a Cal WORKs overpayment on the basis that claimant did not prove that the county’s conduct was \”egregious\”. The case was filed on August 31, 2011. DSS was served on September 5 along with the request for the administrative record. The proof of personal service, along with the 170.6 motion was filed with the court on September 6, 2011. The Judge assigned to the case is Michael Kenney, Department 31. We are currently following up with the DAG supervisor to find out who is assigned this case and when the administrative record will be available. Potential Litigation: 6. Sacramento County refused to allow a mother to apply for IHSS for her SSI child. We interviewed the client. CCWRO met with LSNC and Disability Rights California-Sacramento Office to discuss the issues. We received the attached responses to the demand letter. The issue is whether we should proceed with what we have or pursue a class action retroactive relief. Although DSS is working on a draft ACL, we don’t know the terms or when it will be issued. I sent a follow-up demand letter to CDSS and to Sacramento County regarding issues that were not addressed in their responses to the previous demand letters. Sacramento County agreed that the Slav case should have been process in March 2011 and agrees that the benefits should be granted from March 16, 2011. Sacramento County disagrees with our interpretation of the county regulations that include the application timeframe and that the application processing begins from the date of the home visit. The County is willing to meet with advocates to discuss defaming these two deadlines more clearly in the regulations. 7. Access to case records. One major problem in the hearing process is access to case files. This issue is before the SB 320 administrative hearing workgroup that is composed of SHD staff, counties, CWDA and advocates. While the issue of having file access during the hearing will probably be resolved, advocates and the counties will probably disagree on the degree of access to the case file prior to the hearing. During the Technology meeting, DSS informed advocates that they are still working on it. Do we proceed to call Hilda Chan at SPIN? 8. In violation of the Sacramento Loaves and Fishes v. Wagstaff settlement agreement, Sacramento County is having trouble processing expedited Food Stamp applications. There are several cases that are well beyond the 3 days processing timeframe, one which is over 30 days. The Sacramento County DHA director has yet to respond to the Thursday (11117th) email sent to him. 10. Lynn Carman, representing Managed Pharmacy Care, Independent Living Center of Southern California and several pharmacies filed a federal court action in LA challenging the 10% reduction for prescription drugs furnished on and after June 1, 2011. The Centers of Medicare and Medicaid Services approved California’s cut retroactive to June 1, 2011 on October 27, 2011. California’s position is that from June 1st, pharmacies were overpaid by the 1 0% and wants it back. This case have the same primary facts, issues, evidence and claims to Douglas v. Independent Living Center of Southern California that are currently before the US Supreme Court. The Supreme Court ordered further briefing on November 3, 2011. Lynn wants CCWRO to assist on the preliminary injunction, which we can’t do because of the workload. If Lynn wants CCWRO to assist him in the case in chief and he is willing to pay us, then we think we would be interested. ”

“CCWRO Board Meeting DATE: THURSDAY, December 8, 2011 TIME: 6:00 P.M PLACE: Conference Call In order to hook into the conference call you must follow the steps below: 1. Dial 1-866-299-7945 2. Enter the pass code number that is 8927157 3. Enter pound (#) 4. You are in the conference call. Agenda Agenda Item Board Action Approval of the proposed agenda Approval of the last meeting minutes Director’s Report See attached. Litigation Committee Report Fiscal Report Old issues Seth Blackmon Grant Writing Update Update from performance review committee The Committee Chris, Steve, Smurr will report back at the next meeting. Update on priorities survey Update on planning for board training DIRECTOR’S REPORT CCWRO MEETING PROJECT: CCWRO is preparing for 2012. The planning for the meeting project of 2012 is complete. Attached is a copy of the 2012 CCWRO FNS\/DSS \/DHCS meeting schedule. LEGISLATION. CCWRO is working on three bills. Each of these bills are a two-year bills. SB 320 regarding the California Department of Social Services administrative hearing process, , will be heard by the Assembly Human Services Committee next year. Meanwhile, DSS has established a SB 320 workgroup to work on fair hearing proposals that will make the process more efficient and will be beneficial to our clients. This workgroup has been very active. The workgroup is composed of representatives from LAFLA, NLS, LSNC, CCWRO and WCLP . WCLP and not been active in this workgroup given the workload of Antionette Dozier. AB 596 is our childcare bill. Assemblywoman Carter’s office will be setting up a meeting with the State Department of Education to discuss possible modifications that stakeholders can agree on. This has not happened yet. AB 808 is on the Senate side. We may be amending the bill to require a transitional food stamp process consistent with federal law and then add a provision that requires counties to waive the ABAWDS requirement. This bill may also be used for a domestic violence legislation that everybody agrees with. It may also be used to codify the modernization proposals of DSS for the Food Stamp program. CCWRO is working on four (4) legislative ideas that will be discussed with the legal services community before they are introduced. LITIGATION: Grace will be sending out a Litigation Update report FISCAL REPORT: CCWRO has about $30,000 from the Heatcock case that should carry us over to 2012-2013. Now that we do not have to do 12 trainings a year, this should reduce our travel costs for 2011-2012. We have moved part of our money from CitiBank to the Mechanics Bank recommended by the Huffington Post. We will be deposing all new checks in the Mechanics Bank. We are also planning to pay bill on-line in lieu of checks. We have received approval from the State Bar to take this efficiency step. Remember you can view all fiscal reports on http\/\/www.ccwro.org. At the top of the homepage go to Board Info User name: ccwro Password: 3864 NOTE: THIS IS CONFIDENTAL AND ACCESS IS LIMITED TO BOARD MEMBERS NEXT MEETING: Mark Your Calendar for 2012 meetings March 8, 2012 June 7, 2012 September 7, 2012 December 6, 2012 Minutes of the 12-8-11 CCWRO Board Meeting Attendees Steve Goldberg, Chris Douglas, Roman Romaso, Kevin Aslanian Approval of the proposed agenda The agenda was approved without objections. Approval of the last meeting minutes The minutes of the last meeting were approved without objections. Director’s Report The Directors report was accepted by the Board. Litigation Committee Report Grace reported on the litigation as it was set forth in the litigation report attached hereto. Fiscal Report Kevin reported that the EAF check for 2011-2012 was late again. The Trust Fund had assured him that an EAF will be coming sometime in January. The IOLTA check for the Third Quarter will be released in late December to mitigate the lateness of the EAF check. Old issues None Seth Blackmon Grant Writing Update Seth just had a baby so he is out of commission on a paternity leave. He will be working on grants at home. Update from performance review committee The Committee reported that they are making some progress, but noted that the Board needs to be expanded to have more people working on this project. Kevin said he would llok into new Board members and ask for suggestions from other Board members. Update on priorities survey Kevin reported that he is working on this and will circulate a first draft by the end of December 2011. Update on planning for board training This item was tabled until we get new members. Adjournement On a duly made motion that carried without objections the meeting was adjourned. DECEMBER 2011 LITIGATION REPORT 1. Pich, Et. AI., v. Wagner, Director, California Department Of Social Services; California Department Of Social Services; Does 1-50\/: Legal Aid Society of San Diego County requested that CCWRO represent a client in this lawsuit. CCWRO co-counsels with Robert Capistrano, Stephen Bingham and Amy Lee of Bay Area Legal Aid, Stephen Goldberg and Jodie Berger of Legal Services of Northern California, Robert Newman of Western Center on Law and Poverty and Christopher Le Grass and Ronald Katz of Manatt, Phelps and Phillips, LLP. The DAGs asked for an extension which made the reply brief due on November 19th. We received the reply brief on November 21st. Our brief is due on December 12th unless we ask for an extension. 2. Rossiter v. Wagner: LSNC is lead counsel. It is a 1094.5 and\u00b7 I 085 filed against John Wagner, Director ofDSS. W2W does not reimburse college students for instructional fees paid to an university. Sacramento County determined that non-instructional fees such are the Associated Student Fee, which funds the official governing body of CSUS students; the University Union Fee, which funds the bond sinking fund on the university union and the Health Facilities Fee, which funds the bond sinking fund for the Student Health Center are tuition or fees in the nature of tuition. We plan to file the opening brief on December 30th. CCWRO has reviewed the most recent draft of the Memo. CCWRO’s intern is researching the term \”in the nature of’ since CDSS regulations refers to tuition or in the nature of tuition but does not provide any guidance to the counties. 3. Brooks v. Wagner: Abby Lassen of CRLA-San Luis Obispo referred a 1094.5 case on equitable estoppel which CCWRO accepted. I requested the hearing tape and after hearing the county representative plead that the ALJ find equitable estoppel and other equitable relief. I accepted the case. As the DAG has not responded to the proposed settlement offer, I have\” sent a follow-up letter to the DAG. After contacting the DAG, Hammang said that he just mailed a signed settlement agreement to CCWRO which we have yet to receive. 4. Rossiter v. Lightbourne: Legal Services of Northern California referred an administrative hearing decision that we accepted. The petitioner is a voluntary SIP who is making satisfactory progress. He is exempt from WtW due to disability. Sacramento County seeks to discontinue the SP in favor of Job Club\/Search. The second issue regarding supportive services was resolved prior to the administrative hearing through a conditional withdrawal. Judge Nobriga ruled that claimant was not entitled to supportive services although it was not before him and found that there was no jurisdiction because the remedy to object to an assessment is 3rd party assessment which the claimant refused. Kara Reed-Spangler is assigned Rossiter 2 as well as Rossiter 1. Kara said that the record should be available at any time. We also received court notification that a writ court is being closed and this case is being transferred to Department 31. 5. Seymour v. Lightbourne: Legal Services of Northern California referred a hearing decision to us regarding equitable estoppel for an administrative writ of mandate. The ALJ denied equitable estoppel to bar a Cal WORKs overpayment on the basis that claimant did not prove that the county’s conduct was \”egregious\”. The case was filed on August 31, 2011. DSS was served on September 5 along with the request for the administrative record. The proof of personal service, along with the 170.6 motion was filed with the court on September 6, 2011. The Judge assigned to the case is Michael Kenney, Department 31. We are currently following up with the DAG supervisor to find out who is assigned this case and when the administrative record will be available. Potential Litigation: 6. Sacramento County refused to allow a mother to apply for IHSS for her SSI child. We interviewed the client. CCWRO met with LSNC and Disability Rights California-Sacramento Office to discuss the issues. We received the attached responses to the demand letter. The issue is whether we should proceed with what we have or pursue a class action retroactive relief. Although DSS is working on a draft ACL, we don’t know the terms or when it will be issued. I sent a follow-up demand letter to CDSS and to Sacramento County regarding issues that were not addressed in their responses to the previous demand letters. Sacramento County agreed that the Slav case should have been process in March 2011 and agrees that the benefits should be granted from March 16, 2011. Sacramento County disagrees with our interpretation of the county regulations that include the application timeframe and that the application processing begins from the date of the home visit. The County is willing to meet with advocates to discuss defaming these two deadlines more clearly in the regulations. 7. Access to case records. One major problem in the hearing process is access to case files. This issue is before the SB 320 administrative hearing workgroup that is composed of SHD staff, counties, CWDA and advocates. While the issue of having file access during the hearing will probably be resolved, advocates and the counties will probably disagree on the degree of access to the case file prior to the hearing. During the Technology meeting, DSS informed advocates that they are still working on it. Do we proceed to call Hilda Chan at SPIN? 8. In violation of the Sacramento Loaves and Fishes v. Wagstaff settlement agreement, Sacramento County is having trouble processing expedited Food Stamp applications. There are several cases that are well beyond the 3 days processing timeframe, one which is over 30 days. The Sacramento County DHA director has yet to respond to the Thursday (11117th) email sent to him. 10. Lynn Carman, representing Managed Pharmacy Care, Independent Living Center of Southern California and several pharmacies filed a federal court action in LA challenging the 10% reduction for prescription drugs furnished on and after June 1, 2011. The Centers of Medicare and Medicaid Services approved California’s cut retroactive to June 1, 2011 on October 27, 2011. California’s position is that from June 1st, pharmacies were overpaid by the 1 0% and wants it back. This case have the same primary facts, issues, evidence and claims to Douglas v. Independent Living Center of Southern California that are currently before the US Supreme Court. The Supreme Court ordered further briefing on November 3, 2011. Lynn wants CCWRO to assist on the preliminary injunction, which we can’t do because of the workload. If Lynn wants CCWRO to assist him in the case in chief and he is willing to pay us, then we think we would be interested. ”

“CCWRO Board Meeting DATE: THURSDAY, December 8, 2011 TIME: 6:00 P.M PLACE: Conference Call In order to hook into the conference call you must follow the steps below: 1. Dial 1-866-299-7945 2. Enter the pass code number that is 8927157 3. Enter pound (#) 4. You are in the conference call. Agenda Agenda Item Board Action Approval of the proposed agenda Approval of the last meeting minutes Director’s Report See attached. Litigation Committee Report Fiscal Report Old issues Seth Blackmon Grant Writing Update Update from performance review committee The Committee Chris, Steve, Smurr will report back at the next meeting. Update on priorities survey Update on planning for board training DIRECTOR’S REPORT CCWRO MEETING PROJECT: CCWRO is preparing for 2012. The planning for the meeting project of 2012 is complete. Attached is a copy of the 2012 CCWRO FNS\/DSS \/DHCS meeting schedule. LEGISLATION. CCWRO is working on three bills. Each of these bills are a two-year bills. SB 320 regarding the California Department of Social Services administrative hearing process, , will be heard by the Assembly Human Services Committee next year. Meanwhile, DSS has established a SB 320 workgroup to work on fair hearing proposals that will make the process more efficient and will be beneficial to our clients. This workgroup has been very active. The workgroup is composed of representatives from LAFLA, NLS, LSNC, CCWRO and WCLP . WCLP and not been active in this workgroup given the workload of Antionette Dozier. AB 596 is our childcare bill. Assemblywoman Carter’s office will be setting up a meeting with the State Department of Education to discuss possible modifications that stakeholders can agree on. This has not happened yet. AB 808 is on the Senate side. We may be amending the bill to require a transitional food stamp process consistent with federal law and then add a provision that requires counties to waive the ABAWDS requirement. This bill may also be used for a domestic violence legislation that everybody agrees with. It may also be used to codify the modernization proposals of DSS for the Food Stamp program. CCWRO is working on four (4) legislative ideas that will be discussed with the legal services community before they are introduced. LITIGATION: Grace will be sending out a Litigation Update report FISCAL REPORT: CCWRO has about $30,000 from the Heatcock case that should carry us over to 2012-2013. Now that we do not have to do 12 trainings a year, this should reduce our travel costs for 2011-2012. We have moved part of our money from CitiBank to the Mechanics Bank recommended by the Huffington Post. We will be deposing all new checks in the Mechanics Bank. We are also planning to pay bill on-line in lieu of checks. We have received approval from the State Bar to take this efficiency step. Remember you can view all fiscal reports on http\/\/www.ccwro.org. At the top of the homepage go to Board Info User name: ccwro Password: 3864 NOTE: THIS IS CONFIDENTAL AND ACCESS IS LIMITED TO BOARD MEMBERS NEXT MEETING: Mark Your Calendar for 2012 meetings March 8, 2012 June 7, 2012 September 7, 2012 December 6, 2012 Minutes of the 12-8-11 CCWRO Board Meeting Attendees Steve Goldberg, Chris Douglas, Roman Romaso, Kevin Aslanian Approval of the proposed agenda The agenda was approved without objections. Approval of the last meeting minutes The minutes of the last meeting were approved without objections. Director’s Report The Directors report was accepted by the Board. Litigation Committee Report Grace reported on the litigation as it was set forth in the litigation report attached hereto. Fiscal Report Kevin reported that the EAF check for 2011-2012 was late again. The Trust Fund had assured him that an EAF will be coming sometime in January. The IOLTA check for the Third Quarter will be released in late December to mitigate the lateness of the EAF check. Old issues None Seth Blackmon Grant Writing Update Seth just had a baby so he is out of commission on a paternity leave. He will be working on grants at home. Update from performance review committee The Committee reported that they are making some progress, but noted that the Board needs to be expanded to have more people working on this project. Kevin said he would llok into new Board members and ask for suggestions from other Board members. Update on priorities survey Kevin reported that he is working on this and will circulate a first draft by the end of December 2011. Update on planning for board training This item was tabled until we get new members. Adjournement On a duly made motion that carried without objections the meeting was adjourned. DECEMBER 2011 LITIGATION REPORT 1. Pich, Et. AI., v. Wagner, Director, California Department Of Social Services; California Department Of Social Services; Does 1-50\/: Legal Aid Society of San Diego County requested that CCWRO represent a client in this lawsuit. CCWRO co-counsels with Robert Capistrano, Stephen Bingham and Amy Lee of Bay Area Legal Aid, Stephen Goldberg and Jodie Berger of Legal Services of Northern California, Robert Newman of Western Center on Law and Poverty and Christopher Le Grass and Ronald Katz of Manatt, Phelps and Phillips, LLP. The DAGs asked for an extension which made the reply brief due on November 19th. We received the reply brief on November 21st. Our brief is due on December 12th unless we ask for an extension. 2. Rossiter v. Wagner: LSNC is lead counsel. It is a 1094.5 and\u00b7 I 085 filed against John Wagner, Director ofDSS. W2W does not reimburse college students for instructional fees paid to an university. Sacramento County determined that non-instructional fees such are the Associated Student Fee, which funds the official governing body of CSUS students; the University Union Fee, which funds the bond sinking fund on the university union and the Health Facilities Fee, which funds the bond sinking fund for the Student Health Center are tuition or fees in the nature of tuition. We plan to file the opening brief on December 30th. CCWRO has reviewed the most recent draft of the Memo. CCWRO’s intern is researching the term \”in the nature of’ since CDSS regulations refers to tuition or in the nature of tuition but does not provide any guidance to the counties. 3. Brooks v. Wagner: Abby Lassen of CRLA-San Luis Obispo referred a 1094.5 case on equitable estoppel which CCWRO accepted. I requested the hearing tape and after hearing the county representative plead that the ALJ find equitable estoppel and other equitable relief. I accepted the case. As the DAG has not responded to the proposed settlement offer, I have\” sent a follow-up letter to the DAG. After contacting the DAG, Hammang said that he just mailed a signed settlement agreement to CCWRO which we have yet to receive. 4. Rossiter v. Lightbourne: Legal Services of Northern California referred an administrative hearing decision that we accepted. The petitioner is a voluntary SIP who is making satisfactory progress. He is exempt from WtW due to disability. Sacramento County seeks to discontinue the SP in favor of Job Club\/Search. The second issue regarding supportive services was resolved prior to the administrative hearing through a conditional withdrawal. Judge Nobriga ruled that claimant was not entitled to supportive services although it was not before him and found that there was no jurisdiction because the remedy to object to an assessment is 3rd party assessment which the claimant refused. Kara Reed-Spangler is assigned Rossiter 2 as well as Rossiter 1. Kara said that the record should be available at any time. We also received court notification that a writ court is being closed and this case is being transferred to Department 31. 5. Seymour v. Lightbourne: Legal Services of Northern California referred a hearing decision to us regarding equitable estoppel for an administrative writ of mandate. The ALJ denied equitable estoppel to bar a Cal WORKs overpayment on the basis that claimant did not prove that the county’s conduct was \”egregious\”. The case was filed on August 31, 2011. DSS was served on September 5 along with the request for the administrative record. The proof of personal service, along with the 170.6 motion was filed with the court on September 6, 2011. The Judge assigned to the case is Michael Kenney, Department 31. We are currently following up with the DAG supervisor to find out who is assigned this case and when the administrative record will be available. Potential Litigation: 6. Sacramento County refused to allow a mother to apply for IHSS for her SSI child. We interviewed the client. CCWRO met with LSNC and Disability Rights California-Sacramento Office to discuss the issues. We received the attached responses to the demand letter. The issue is whether we should proceed with what we have or pursue a class action retroactive relief. Although DSS is working on a draft ACL, we don’t know the terms or when it will be issued. I sent a follow-up demand letter to CDSS and to Sacramento County regarding issues that were not addressed in their responses to the previous demand letters. Sacramento County agreed that the Slav case should have been process in March 2011 and agrees that the benefits should be granted from March 16, 2011. Sacramento County disagrees with our interpretation of the county regulations that include the application timeframe and that the application processing begins from the date of the home visit. The County is willing to meet with advocates to discuss defaming these two deadlines more clearly in the regulations. 7. Access to case records. One major problem in the hearing process is access to case files. This issue is before the SB 320 administrative hearing workgroup that is composed of SHD staff, counties, CWDA and advocates. While the issue of having file access during the hearing will probably be resolved, advocates and the counties will probably disagree on the degree of access to the case file prior to the hearing. During the Technology meeting, DSS informed advocates that they are still working on it. Do we proceed to call Hilda Chan at SPIN? 8. In violation of the Sacramento Loaves and Fishes v. Wagstaff settlement agreement, Sacramento County is having trouble processing expedited Food Stamp applications. There are several cases that are well beyond the 3 days processing timeframe, one which is over 30 days. The Sacramento County DHA director has yet to respond to the Thursday (11117th) email sent to him. 10. Lynn Carman, representing Managed Pharmacy Care, Independent Living Center of Southern California and several pharmacies filed a federal court action in LA challenging the 10% reduction for prescription drugs furnished on and after June 1, 2011. The Centers of Medicare and Medicaid Services approved California’s cut retroactive to June 1, 2011 on October 27, 2011. California’s position is that from June 1st, pharmacies were overpaid by the 1 0% and wants it back. This case have the same primary facts, issues, evidence and claims to Douglas v. Independent Living Center of Southern California that are currently before the US Supreme Court. The Supreme Court ordered further briefing on November 3, 2011. Lynn wants CCWRO to assist on the preliminary injunction, which we can’t do because of the workload. If Lynn wants CCWRO to assist him in the case in chief and he is willing to pay us, then we think we would be interested. ”

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“CCWRO Board Meeting DATE: THURSDAY, August 12, 2010 TIME: 6:00 P.M PLACE: Conference Call In order to hook into the conference call you must follow the steps below: 1. Dial 1-866-305-2467 2. Enter the pass code number that is 273843 3. Enter pound (#) 4. You are in the conference call. Agenda Agenda Item Board Action Approval of the proposed agenda Approval of the last meeting minutes Director’s Report Litigation Committee Report Legislative Report Fiscal Report Old issues New Issues Next Meeting October 14, 2010 at 6 p.m. Adjournment. MINUTES OF THE 5-13-10 BOARD MEETING Agenda Item Board Action Approval of the proposed agenda The agenda was approved without objections. Approval of the last meeting minutes The minutes of the last meeting were approved without objections. Director’s Report Kevin reported that the EAF and IOLTA contracts have been duly executed. Kevin reported the CCWRO is meeting the number of trainings and meetings required by the EAF. The Directors showed that five (5) trainings have been done, five have been planned and the last two will be for child support hearing trainings for pro-bono programs. Litigation Committee Report A litigation committee meeting will be schedule in May, 2001. Legislative Report Kevin reported on an progress of AB 1914 and 2018 co-sponsored by CCWRO with Western Center on Law & Poverty Fiscal Report Kevin reported that the agency has received the first and second quarter of EAF funding, but not for the third quarter. Kevin is working on securing the third quarter funding from the Trust Fund. IOLTA money has come in. Kevin said that a check for $10,000 will be released to Slavic Assistance Center who were kind enough to loan us $20,000 to keep our doors open. Election of Corporate Officers Consideration of New Board Member On a motion by KA and seconded by CA the board officers wee reelected. On a motion by RR and seconded by KA Steve Weiss of BALA was seated on the Board. Discussion of the elements of the most recent letter from the state bar and a plan for compliance or other response. Kevin discussed the four items mentioned in the 5-4-10 letter from IOLTA. Kevin will draft a first cut of the letter with Grace and then circulate that to Board members before a final draft is mailed out to the Trust fund no later than May 21, 2010. Old issues None New Issues Next Meeting August 12, 2010 at 6 p.m. Adjournment. Motion by KA seconded by CA the meeting adjourned. DIRECTOR’S REPORT We finally received our EAF money. Now we are waiting for our IOLTA money. We also have settled the Loaves v. Wagstaff case and will receive $20,000 in attorney fees. . Event Date of Training & Location\/Program Status 1. CalWORKs Budget Cuts Impact on CalWORKs clients 3-4-10; Los Angeles, LAFA Completed 2. Public Benefits Fair Hearings 1-14-10; Los Angeles, LAFA Completed 3. Overview of Food Stamps 3-2-10, Statewide, CRLA Completed 4. CAPI 11-09, CCLS, Fresno Completed 5. Emergency Services- Expediting Benefits 11-09, CCLS, Fresno Completed 6. Overview of Food Stamp Benefits 5-21-10, Yuba-Sutter Legal Services, Marysville Completed 7. Overview of Public Benefits Hearings 5-21-10, Yuba-Sutter Legal Services, Marysville Completed 8. Overview of IHSS 6-17-10, Statewide, CRLA Completed 9. Overview of IHSS Fair Hearings 6-17-10, Statewide, CRLA Completed 10. Emergency Food Stamps and Cash Assistance 6-10-10, Los Angeles, LAFLA Completed 11. Overview of IHSS 7-28-10, Statewide CRLA Completed 12. Government Benefits Case Transfers from County to County and from Office to Office within DPSS, & Hearings for Out-of-County Benefits Issues August 12, 2010 Los Angeles, LAFLA Completed Grace is working on the final touches for child support training this that would unable us to schedule some child support administrative hearing trainings with local pro-bono programs during our next EAF training year. The meetings are going as planned. We have a new meeting with the Department of Education on Child Care issues on August 19, 2010, such as not making the case file available at their so-called administrative hearings and not affording childcare clients hearings on overpayment issues and more. LEGISLATION. This year CCWRO is co-sponsoring two bills with Western Center on Law and Poverty and one bill with CWDA. AB 1914- David This bill provides that UIB benefits can only be anticipated if the county has a printout showing exactly what day and what amount of checks the applicants would get. No such evidence no anticipation of income. The bill has been amended reflecting the amendments of DSS which makes the bill better. CWDA is supporting this bill. AB 2018- Food Stamp Intercounty Transfer Bill. This bill is being cosponsored by CWDA and WCLP and it is going to be law. The bill language was part of the Governor’s May Revise, thus, it is in the trailer bill. Moreover, CWDA has announced that the county computers would be ready to do intercounty transfers for food stamp cases April of 2011. We are working on two (2) bills for 2011-2012 session: 1. Legislation that would provide hat child care recipients shall have the same level of due process hearing rights and verification procedural rights that are enjoyed by welfare recipients in California. Child Care recipients are accorded hearings wherein they are not allowed to bring witnesses, cross-examine any adverse witnesses, review case files and other elementary due process rights accorded to individuals in due process hearings. 2. The next bill is to streamline the work participation rates of California with that of the federal TANF legislation. Families State Participation Hours Federal Part. Hours 2 parent families 35 hours a week 35 hours a week Single parents with child Under 6 years of age 32 hours a week 20 hours a week Single parents with child Over 6 years of age 32 hours a week 30 hours a week We are looking for an author and will be working on this issue after the budget passes or before. Now it is budget time. There are some who think that the budget will be passed after the November elections. Salary adjustment and EAF proposed Budget for 2010-2011: The EAF budget for 2010-2011 increased from $90 to $122,000. We are attaching the proposed EAF budgets done by our consultants wherein he recommends that Kevin and Grace’s salaries be restored back to their previous level of $53,500 for Kevin and $53,000 for Grace. CCWRO Vacation Policy The State Bar has recommended that CCWRO establish a policy of allowing for carryover of unused vacation hours and establish a cap of $1,000 vacation pay accrual. NEXT MEETING: 5-13-10 from 6:00 p.m. Minutes of the 8-12-10 CCWRO Board Meeting Board Members Present Stephen Goldberg, Cynthia Anderson, Kevin Aslanian, Roman Romaso, Claire Smurr and Steve Weiss Board Members Absent Marta Chavez Meeting Start Time The meeting was called to Order at 6:05 p.m. Agenda Item Board Action Approval of the proposed agenda The agenda was approved without objections Approval of the last meeting minutes The minutes of the last meeting were approved with the instructions from the Board that future meetings shall reflect the start and finish time of the meeting and the attendees of the meeting. Director’s Report This has been a hectic three months. CCWRO has finally received its EAF funds for the first two quarters and the April-May-June quarter funds are on their way. Our IOLTA application has been approved with four conditions; 1. Board shall get training DONE 2. Executive Director should get training DONE (I am in Phoenix, Arizona right now doing the E.D. training); 3. Enhance the Board; We have one new members and I am working on adding a new attorney Board member; 4. Provide attorney supervision to the CCWRO Director of Litigation; There has been one committee meeting and the second committee report will be on May 13, 2010 right after the Board meeting; DONE The state Bar has informed us that there may be some concerns about the committee supervision of our Director of Litigation. Training Update CCWRO will have to do 12 trainings by September 2010. To date we have done 5 training events and 5 have been scheduled. Event Date of Training & Location\/Program Status 1. CalWORKs Budget Cuts Impact on CalWORKs clients 3-4-10; Los Angeles, LAFA Completed 2. Public Benefits Fair Hearings 1-14-10; Los Angeles, LAFA Completed 3. Overview of Food Stamps 3-2-10, Statewide, CRLA Completed 4. CAPI 11-09, CCLS, Fresno Completed 5. Emergency Services- Expediting Benefits 11-09, CCLS, Fresno Completed 6. Overview of Food Stamp Benefits 5-21-10, Yuba-Sutter Legal Services, Marysville 7. Overview of Public Benefits Hearings 5-21-10, Yuba-Sutter Legal Services, Marysville 8. Overview of IHSS 6-17-10, Statewide, CRLA 9. Overview of IHSS Fair Hearings 6-17-10, Statewide, CRLA 10. TBD 6-10-10, Los Angeles, LAFLA 11. TBD 12.TBD Grace is working on an outline for child support training this week that would unable us to schedule some child support administrative hearing trainings with local pro-bono programs. The meetings are going as planned. We have a new meeting with the Department of Education on Child Care issues, such as not making the case file available at their so-called administrative hearings and not affording child care clients hearings on overpayment issues and more. LEGISLATION. This year CCWRO is co-sponsoring two bills with Western Center on Law and Poverty and one bill with CWDA. AB 1914- David This bill provides that UIB benefits can only be anticipated if the county has a printout showing exactly what day and what amount of checks the applicants would get. No such evidence no anticipation of income; AB 2018- Food Stamp Intercounty Transfer Bill. This bill is being cosponsored by CWDA and WCLP and it is going to be law. This years bad bills have died. The two (2) big bad bills were one to required home visit in all cases and the other bill provided that when a welfare fraud convicted person pays a fine, the money goes to the county and the DA. Both are dead. Now it is budget time. Friday the Governor will release his May revise budget. Stay tune. Litigation Committee Report Rossiter v. Wagner, with LSNC regarding WtW; Heatcock v. Wagner, Food Stamp notice; Child Support case; Pitch v. Wagner; Legislative Report Kevin reported on the legislative work. He also reported that given the fact that we will have an EAF project next year, he will be working more on Legislation. Steve Weiss suggested that Kevin reach out to nonLSC IOLTA recipients to see if they want to be involved in Legislative work. Fiscal Report Kevin reported that the EAF money finally arrived in 2010. Cynthia asked whether CCWRO has retained the financial advisor that the Trust Fund had recommended. Kevin informed the Board that the consultant has been retained and he is working with staff to come up with a system that would generate adequate reports for the Board. Old issues None. New Issues On a motion made by CA and seconded by KA the Board adopted a new vacation policy. The new vacation policy is that the maximum vacation time that CCWRO staff can carry over from year to year is 40 hours. Adjournment. Meeting adjourned at 7:06 p.m. New Issues Next Meeting November 18, 2010 at 6 p.m. ”

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“Budget vs. Actuals 2010-2011 B CCWRO Budget vs. Actuals: 2010-2011 Budget – FY11 P&L Classes July 2010 – June 2011 Total Actual Budget $ Over Budget % of Budget Income 4010 State Bar Revenue 332,906.00 0.00 332,906.00 4015 State Bar Revenue-IOLTA -92266.00 80,953.00 -173,219.00 -113.97% 4016 State Bar Revenue-EAF -118640.00 122,727.00 -241,367.00 -96.67% 4101 Interest Revenue 7.02 7.02 4200 Attorney Fees Income 53,010.04 20,000.00 33,010.04 265.05% Total Income $175,017.06 $223,680.00 -$48,662.94 78.24% Expenses 5010 Salaries – Lawyer 46,027.09 49,010.00 -2,982.91 93.91% 5012 Salaries – Paralegal 45,500.04 51,090.00 -5,589.96 89.06% 5013 Salaries 14,725.02 24,650.00 -9,924.98 59.74% 5301 Payroll Taxes 9,001.28 7,315.00 1,686.28 123.05% 5500 Contract Services 7,973.75 3,225.00 4,748.75 247.25% 5501 Consulting Exp 2,775.00 4,500.00 -1,725.00 61.67% Total 5500 Contract Services $10,748.75 $7,725.00 $3,023.75 139.14% 5601 Seminars & Training 1,321.08 1,321.08 5720 Travel 6,047.69 5,250.00 797.69 115.19% 5810 Rent 17,200.00 17,480.00 -280.00 98.40% 5820 Utilities 2,023.73 2,520.00 -496.27 80.31% 5840 Insurance-General 1,966.92 1,587.00 379.92 123.94% 5860 Insurance-Malpractice 2,456.37 2,103.00 353.37 116.80% 5870 Insurance – Workers’ comp 1,270.54 2,476.00 -1,205.46 51.31% 5890 Employee benefits 34,095.67 20,187.00 13,908.67 168.90% 6010 Office expense 2,843.78 306.00 2,537.78 929.34% 6015 Office supply 2,854.91 1,343.00 1,511.91 212.58% 6020 Bank Service Charges 125.46 17.00 108.46 738.00% 6030 Postage 326.13 34.00 292.13 959.21% 6050 Legal & Accounting 6,461.57 2,500.00 3,961.57 258.46% 6060 Security Exp 266.76 266.76 6101 Telephone 5,986.56 1,816.00 4,170.56 329.66% 6200 Litigation 1,427.00 -1,427.00 0.00% 6301 Equipment Rental 2,502.57 1,980.00 522.57 126.39% 6350 Repairs & Maintenance 3,021.22 1,664.00 1,357.22 181.56% 6401 Law library Exp 2,269.71 1,200.00 1,069.71 189.14% 6500 Depreciation 1,755.00 1,755.00 6850 Dues & Subscriptions 1,256.58 1,256.58 6860 Meals & Entertainment 255.00 255.00 6902 Interest Exp 200.68 200.68 6903 Tax, License & Fees 84.12 84.12 Total Expenses $222,594.23 $203,680.00 $18,914.23 109.29% Net Operating Income -$47,577.17 $20,000.00 -$67,577.17 -237.89% Other Expenses Credit Card 0.00 0.00 REFUND 0.00 0.00 Total Other Expenses $0.00 $0.00 $0.00 Net Other Income $0.00 $0.00 $0.00 Net Income -$47,577.17 $20,000.00 -$67,577.17 -237.89% Thursday, Aug 18, 2011 09:43:20 AM PDT GMT-7 – Accrual Basis ”