# Appendix — New York State Dept. of Social Servs. v. Dublino > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0187%3A01 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1973 - **Citation:** 413 U.S. 405 ## Text FEB 20 197: { MICHAEL RODAK, APPENDIX IN THE S$ | preme Court of the United States October Term, 1972 ’ Nos. 72-792, 72-802 Appellants, v. DOLORES DUBLINO, DORIS JIMERSON, VIRGINIA MICHAEL, JANIE LEE PHILLIPS, and MARIA MARFOGLIA, on behalf of themselves and their minor children, Appellees. Onondaga County Department of Social Services and its Commissioner, JOHN L. LASCARIS, Appellants, v. ORES DUBLINO, DORIS JIMERSON, VIRGINIA MICHAEL, ANIE LEE PHILLIPS, and MARIA MARFOGLIA, on behalf of themselves and their minor children, Appellees. On APPEAL FroM THE Unrrep States District Court FoR THE WesteRN District or New York = Filed November 29, 1972 and December 1, 1972 Probable Jurisdiction Noted January 15, 1973 SATAVIA TIMES, LAW PRINTERS, BATAVIA, B. 1. = INDEX TO APPENDIX. “ Docket OE ay ACRE IER OE ea Shs eae Complaint EERE ETO St eS EEE Decision Granting Motion for Class Action and Or- » dering Convening of a Three-Judge Court ....... sei on Behalf of State Defendants ............ Exhibits Attached to Answer: A—Chapter 102 of the Laws of 1971 ........ 47 B—Administrative Letter No. 71 PWD—34, dated May 13, 1971, from George K. Wyman, Commissioner, to Commissioners of Social Ser- VICES ni05% ahs Oct-13-71 Filed Affidavit of Michael A. O’Connor re - Lillie Harris. -9'Oct 13-71 Filed Temporary Restraining Order re Nor- Man ‘Michael, Elvira Michael, — Cassell and: Lilli Harris-Curtin, J. Oct 13-71 Filed Affidavit of Donna Bieliski . Oct 13-71 Filed Temporary Restraining Order re Donna Nhu hails J. ‘ 13-71. Filed Temporary Restraining Order re =D rothy Livingston-Curtin, J. 13-71 Filed Affidavit of Gladys Taylor. Oct 13-71 Filed Temporary Restraining Order re iys Taylor-Curtin, J. t “22-71 Filed Pitfs’. Affidavits in Support of In- tion of Harold Luce, Una Luce, William Morgan, Morgan, Peter Plarre and Mary Ethel Goodman. 8 Docket Entries. Oct..22-71. Filed, ‘Temporary, ‘Restraining Order re Harold Luce, Una Luce, William Morgan, Linda Morgan, Peter Plarre and Mary Ethel Goodman-Curtin, 4. Oct 29-71 Filed Affidavit of Michael A. O'Connor re Beverly Waldron, Valeria Cray and ‘Linda Cray & Affidavit of Henrietta Smith. Oct 29-71 Filed Temporary Restraining Order re Beverly Waldron-Curtin, J. Oct 29-71 Filed Temporaty: Restraining Order re Valeria Gray, Linda Cray #&- Henrietta Smith-Cartin, J. Nov 8-7!» Filed. Affidavit of Florence McMahon. Nov 871 ‘Filed ‘Temporary Restraining Order re Florence McMahon-Curtin, J. “Nov 8-71 Filed Pitfs’. Affidavit re Billy White & Betty Nov 8-71 Filed Temporary Restraining Order re Billy White & Betty: White-Curtin, J. Nov 8-71. Filed. Affidavit of Ellen Rivenburgh. Nov 871. Filed Temporary Restraining Order re Ellen Rivenburgh-Curtin, J. i . Nov -&71 Filed Pitfs’, Affidavits re Clinton Braction, Jr. “Nov 8-71. Filed. ‘Temporary Restraining Order re Clin- ton Brachtion-Curtin, J. . ag Nov 9-71 Filed Order to Show Cause for, Temporary Restraining Order, etc.-Curtin, J. ret. 11-19-7e-submitted. Status. Report adj. 12-17-71-Pitf. Briefs by 1-17-72-Reply briefs by 2-1-72 Arguments at later date. 9 Decker Enitrtds. Nov 19-71 Filed Defts’., New York State, Affidavit. Nov 22-71 Filed Pitfs’. Affidavit re Ernest Shaffer and i Dhiatter. fou es Ha Nov 22-71 Filed Temporary Restraining Order re Er- Shaffer and Phyllis Shaffer-Curtin, J. Nov 24-71 Filed Affidavit of Mary Coleman. Nov 24-71 Filed Pitfs’. Affidavit re Dolores Troy. Nov 24-71 . Filed Temporary Restraining Order re Mary Coleman and Dolores Troy-Curtin, J. 14-71 Filed. Affidavit of Robin L. Gray. Dec 14-71 Filed Temporary Restraining Order re L. Gray-Curtin, J. 45-71. Filed Pitfs’. Affidavit re Chester Conklin une Conklin. ec 15-71 Filed © Decision & Order denying Temporary raining Order re Chester Conklin and June Conklin- a, J. (notice & copy to. Mr. O'Connor and Jean Coon) jec 15-71 Filed Affidavit of Rollin Shaw. rc 15-71 Filed Decision & Order denying Temporary ining Order re Rollin Shaw-Curtin, J. (notice & Copy . O'Connor and Jean Coon). 17-71 . Filed , Deposition of Mervyn Schwartz, Willie Keaton and George J. Demmon (notice to attorneys). 17-71, Filed Deposition of Edwin L. Nowak and roman, (Notice to attys). 17-71, Filed. Deposition of Edward Phillips (notice 10 Dec 17-71 Filed Deposition of Herbert ‘Simon and Nelson Hopper (Notice to attys.) Dec 17-71 Filed Deposition of Jule M:. Sugarman Dec 17-71 Filed Reply of Deft., George G. Sipprell, as Comm. of the Erie County Dept. of Social Services to Pitf's. First Interrogatories. 2 . Dec 17-71, Filed Defts’.. New York State Department of Labor and Louis L: Levine, Answer to Interrogatories. Dec 17-71 Filed Defts’., State ‘Department of Social Services and Commissioner Wyman, ‘Answers to Pitfs’. First Interrogatories. Dec 21-71 Filed Affidavit of Carole Kampshoff. Dec 21:71 Filed Temporary Restraining Order re Carole Kampshoff-Curtin, J. | ‘Dec 21-71 Filed- Affidavit of Anna Callahan. Dec 21-71. Filed Temporary Restraining Order re Anna Callahan-Curtin, J. Dec 21-71 Filed Order convening three-judge panel on 2-24-72 and setting forth dates for filing of briefs, etc. Curtin. J, (notice & Copy to Messrs, O'Connor, Yeager, Lefkowitz-attn. Jean Coon, Koldin and Gambacorta). : Dec 23-71 Filed Affidavit of Rose Marie Ojeda, Roland Ojeda & Reynold Ojeda. Dec 23:71 ‘Filed Temporaty Restraining Order re Rose Marie Ojeda, Roland Ojeda and Reynold Ojeda-Curtin, J Jan 7-72 Filed Affidavit of Annie Ruth Ford and Tem- porary Restraining Order-Curtin, J. . f 11 Docket Entries. s Jan 17-72 Filed Pitfs’. Memorandum of Law. Jan 17-72 Filed Pltfs’.. Affidavit. of Service. of _ Memorandum of Law. _ Jan 18-72 Filed Deposition of Philip C. Pinsky (notice __ to attys.) Jan 18-72 Filed Temporary Restraining Order re - Patricia Elkins-Curtin, ‘J. ze Feb 1-72 Filed Temporary Restraining Order re Glenn _ Wilson with endorsement by Judge Curtin denying ap- - plication for an order. Feb 2-72 Filed Pitfs’. Stipulations of Fact. Feb 7-72. Filed Defts’.. New York State, Memorandum Feb 7-72 Filed Temporary Restraining Order re Helen Kilduff with endorsement by Judge Curtin denying ap- plication for a T. R.O. . ‘Feb 7-72 Filed Temporary Restraining Order re zanne Spillman & Charles Spillman with endorsement. by idge Curtin denying application for a T. R. O. Feb 17-72 Filed Temporary Restraining Order re Ellen ; with endorsement by Judge Curtin denying ap- hon fora T: Ri Oi % fe b 18-72 Filed . Pitfs’. Reply Memorandum of Law. Soa — b 18-72 Filed Pltfs’. Affidavit of Service of Reply orardum of Law. 22-72 . Filed. Exhibit 32. > 22-72. Filed. Exhibit. 33. Feb 2272 Feb 22-72 Feb 22-72 Feb 22-72 Feb 22-72 Fi ‘12 Docket Entries. Exhibit 34. ‘Exhibit 35. Exhibit 43. Exhibit 45. Exhibit 46. Feb 22-72 Fi Pitfs’. Affidavit of Service of List of Exhibits. | Feb 24-72 Filed Affidavit of Elizabeth Wickenden. Feb 24-72 Filed Affidavit of Service of Elizabeth Wickenden. Feb 24-72 Filed Stipulation re filing briefs amicus curiae by National Assembly for Social Policy & Develop- ment Inc. Feb 24-72, Filed Brief raobuoktion by The National Assembly for Social Policy and Development, Inc. Feb 24-72 Three Judge Court convenes: Present: Hon. James L. Oakes, CCA, Hon. John O. Henderson, DJ and Hon. John T. Curtin, DJ-Decision Reserved. . Mar 3-72 Filed Depositions of Stan Fleming, John Cooper & Bertha Heath (notice to Jean Coon & Messts. O'Connor, Yeager, Koldin & Gambacorta). _Mar 6-72. Filed Brief on behalf of National Welfare Rights Organization, City Wide Coordinating Committee of Welfare Organizations, Upstate Welfare Rights Organization as Amicii Curiae. Mar 13-72 Filed letter dated 3-9-72 to Judgg Curtin from Jean M. Coon, Asst. Solicitor General, Staté of N. Y. Mar 31-72 Filed Affidavit of Florence Reeder. 13 Docket Entries. ‘Mar 31-72 Filed Temporary Restraining Order re Orefice Reeder-Curtin, J. ‘Apr 28-72 Filed Affidavit of Laura Duffy. ‘Apr 28-72 . Filed Temporary Restraining Order re aura Duffy with endorsement by Judge Curtin denying ap- lication for a T.R.O. ‘May 8-72 Filed, Affidavit of Etta Armstrong. ‘May 8-72 Filed Ofder to Show Cause re Etta Arm- rong-Curtin, J. ret 5-16-72; 5-17-72 Pitf. to submit . um. May 17-72 Filed Defts’. Affidavit in Opposition to emporary Restraining Order. Jun 14-72 Filed Decision and Order denying ap- lication of Etta Armstrong for a temporary restraining or- er-Curtin, J. (notice & Copy to Messrs. O'Connor and efkowitz and to Ms. Balen). | ul 28-72 Filed Decision and Order enjoining ation of state Work Rules as applied to recipients of ‘Families with Dependent Children and directing that ral Work Incentive Program procedures be followed further directing state to implement, within 30 days of ‘this decision, a suitable means of informing recipients me Relief of hearing rights were such recipients are ed by a determination of employability, and further ng Clerk to.enter judgment seven days after filing n-James L. Oakes, C. J.; Henderson and Curtin, DJ & copy to Ms. Coon ow Messrs. O’Connor, Freed, 7 Filed’ Order amending order entered 7-28-72 by counsel for pitfs, are directed to prepare and sub- 14 Docket Entries. mit judgment to court, upon notice to counsel for defts., within ten days of date of this order-Curtin, J. (notice & Copy to Ms. Coon and Messrs. O'Connor, Freed, Koldin and Stamm),) Aug 7-72: Filed Pitt's. Affidavit of Service. Aug 25-72 Filed ‘Order & Judgment declaring New York Work Rules unconstitutional insofar as they apply to applicants, of AFDC; that from 60 days after date of this or- der Defts., are permanently enjoined & directed to cease all enforcement of NY Work Rules against recipients of & ap- plicants for AFDC; directing delivery of checks for AFDC benefits by mail, such delivery to commence within 60 days Of the date Of this order; dismissing Pltfs’. First, Second & Third Causes of Action except that with respect to Pitfs. Second Cause of Action, Defts., NYS, are directed to adopt & implement. by 9-29-72 means of informing recipients of Home Relief; declared employable, of their right to a fair hearing; awarding Pitfs., costs by not attys. fees-Three Judge Court (Oakes, USCJ & Henderson & Curtin, DJ) (notice & copy to Ms. Coon and Messrs. O'’Curtin, DJ) (notice & copy to. Ms, Coon and Messrs. O'Connor, Freed, Koldin & ES EET Aug 25-72. JS 6 made. Aug 28-72 Filed ‘Pitfs’. Proposed Amendment to Pitfs’. Proposed Order, Aug 28-72, Filed, Pitts’, Affidavit of Service. Aug 30-72. Filed “Pitfs’. Notice & Proposed Order. Sep 5-72. Filed. Affidavit of Julius C, C. Edelstein. Sep 5-72" Filed. Pitts’. Affidavit of Service. ‘Sep 5-72) Filed Pits’: Motion to Amend Order (no ret. date)-9-19-72 submtd. 1S ce Docket Entries. 19 Sep 5-72 ites Petes Attiaavin of Service. UE Sis 4g NY, Sep 15-72 Filed Pitfs’, Affidavit, | o Sep 19-72 Filed Civil Subpoena-served 9-14-72 George _ Sep 19-72 Filed Affidavit of Arthur L. Stern, I1l. _ | Sep 28-72 Filed. . Deft. New York State's Notice of Ap- | peal to U.S. Supreme Court with affidavit of service on _ Messrs. O'Connor, Yeager, Pinsky and Stamm. “igh , Oct 5-72. Filed Notice of Appeal to U. S$. Supreme ban of Deft.—Intervenors Onondaga County Department social Services and its Commissioners John L. Lascaris | affidavit of service on Messrs. O'Connor, Yeager, cowitz and Stamm. ‘Oct 11-72, Filed ‘Affidavit of Richard §. Panébianco, | Oct 11-72 Filed Affidavit of R. Stephen Trosty. Oe 11-72 Filed. Copy of Ltr., from Michael A. O'Con. to Hon. John T. Curtin dtd. 10-11-72, Oct 17-72 Filed Notice of Appeal to U. S. Supreme Court of Deft. Erie County Department of Social Services ind its Commissioner George G. Sipprell with affidavit of “tervice on Messrs. O'Connor, Yeager, Lefkowitz and Pinsky. ot 18-72 Filed Order amending Order of 8-25-72 by meng & paragraph after paragraph 2 and denying in all ‘oth F respects PIffs’. motion to amend order of 8-25-72- ‘Whree Judge Pitts’. motion to amend order of 8-25-72-Three ‘Wedge Court (Oakes, USC) & Henderson & Curtin, DJ) ‘Moticed & copy to Messrs. O'Connor, Freed, Koldin, Erie 1€o. Atty. & Ms. Coon). | “ } ber A ™H 16 Docket Entries. Oct 24-72) Filed Pitfs’. Notice of Appeal to U. S. Supreme Court with affidavit of service on Messrs. Lefkowitz, Stamm and Pinsky. ‘Oct 25-72 Filed Pitfs’, Bill of Costs taxed in the amount of $1,149.07 (notice to Messrs. O'Connor, Pinsky and Stamm and Ms. Coon), Nov 14:72 Filed’ Order to Show Cause for Contempt of Court for failure to obey Judgment returnable Nov. 20, 1972, dtd. 11-13-72 Curtin DJ. , Nov 20-72. Filed Affidvt. of Gerald A. Norlander, atty. for Pitf. Evelyn Dillard. Nov 20-72 Filed Affidvt. of Jean M. Coon, Asst. Solicitor Gen. NYS. in oppos, to pltfs. motion. : ‘Nov 20-72 Return of Order to Show Cause. Adj. until such time as pltf’s. Counsel submits letter to atty. for defts. Dec 5-72 Filed Order that state defts. submit to Court and serve upon counsel for pitfs. no later than 12-18-72 afd- vts. providing detailed comments on various points (7) & Counsel for pitfs may respond to afdyts. no later than 12-28 72 & upon receipt Court shall set date for hearing if ap- propriate, Curtin DJ Notice & copies to Mayer Freed, Jean Coon & Gregory Stamm. . Dec 20-72 Filed Defts. Affidavit pursuant to Judge Curtin’s Order of 12-5-72. : “Jan $-73 Filled’ Letter dtd; 12-28-72 from Legal Ale Bureau in response to Order of 12-572 & Affidavit of Deft. Jan 15-73 Filed Affidavit of Ira Bezoza on. behalf of a Doris Brown & Frances Glenn. ae 4 ' ‘ °° ON THE UNITED STATES DISTRICT COURT , Ago r, : ».. Fot the Western District of New York ae | Plaintiffs, “ie { ) against IEW YORK STATE DEPARTMENT OF SOCIAL SER. VICES; its Commissioner. GEORGE K. WYMAN: NEW ELATIONS: its’ Commissioner, LOUIS L. LEVINE: IE COUNTY DEPARTMENT OF SOCIAL SER- and its Commissioner, GEORGE G_ SIPPRELL, Defendants. —o— 1. NATURE OF CLAIM Plaintiffs, individually and on behalf of all other per- nilarly situated, seek to have this Court enjoin. the en- ment of §§ 131 (4) and 164, as amended, and $ 350-k of } New York. Social. Service Law and New York State “i i) a 7 18 program (7 AFDC"; New) York terms this program “ADC") and Aid to Families with, Dependent Children—Unemployed Parent program (“AFDC-U™, New York terms this program “ADC-U), and under the state's Home Relief program. Receipt of benefits is conditioned upon. such_ recipients reporting semi-monthly to an office of the New York State Employment Service for “manpower services” and to pick up their checks. These Work Rules establish a presumption that recipients of such benefits are “employable.” The New York Work Rules are challenged on the grounds that they are in conflict with Article VI, Clause’2 of the Constitution of the United States (the “Supremacy Clause™), with the. Thirteenth and Fourteenth Amendments to the Constitution of the United States, and. with the Social Security Act (42 U.S.C. $§ 601 et seq.) and the regulations promulgated thereunder. Plaintiffs. seek an injunction, against the enforcement of the New York Work Rules and a declaratory judgment that they are invalid as being in conflict with controlling con- stitutional, statutory and regulatory provisions. If. JURISDICTION 2, Jurisdiction is conferred on this Court by 28 U.S.C. $$ 1343-43) and (4), which provide for original jurisdiction in this Court of all suits authorized by 42 U.S.C. § 1983; and by 28 U.S. C. $$ 2201 and 2202, providing for jurisdic- tion in this Court of actions for declaratory judgments. 3. Plaintiffs’ action for declaratory and injunctive relief and for damages is authorized by: (a) 28 U. S. C. $$ 2291, 2202 and Rule 57 of ‘the Federal Rules of Civil Procedure, which relate t declaratory judgments; 19 Complaint. $ _ ). 42: U.S.C. § 1983, which provides redress for the dep vation undet color of law of rights, Privileges and im- ‘mi nities secured to persons within the jurisdiction of the United States by the Constitution and laws of the United eH ci, | lL. iSpy et PLAINTIFFS _ 4. Plaintiff Dolores Dublino is a citizen of the United lates of the State of New York, residing in Erie County at 15th Street, Buffalo, New York. She is the mother of three minor children, ages 18, 14 and 13. Mrs. Dublino and her * “5. Plaintiff Doris Jimerson is an American Indian citizen ‘Of the United States and of the State of New York, residing ‘in Erie County on the Cattaraugus Indian Reservation: her ‘Address is P.O. Box 53, Lantons. New York 14091. She is the ‘Mother of three children, ages 16, 14 and 11. Mrs. Jimerson and her family receive Public assistance under the ADC Plaintiff Virginia Michael is a citizen of the United States and of the State of New York. residing in Erie County Wende Road, Alden, New York. She is the mother of three children, ages 19, 18 and 16. Mrs. Michael and her ‘hildren receive public assistance under the ADC program. Mrs. Michael’s husband, age 69, receives public assistance der the Aid to the Aged program, 42 U. S.C. $§ 401 e 20 Complaint. 7. Plaintiff Janie Lee Phillips is a citizen of the United States and of the State of New York, residing in Erie County at 823 Virginia Street, Buffalo, New York. She receives public assistance under the state's Home Relief program. 8. Plaintiff Maria Marfoglia is a citizen of the United States and of the State of New York, residing in Erie County at 418 Busti Street, Buffalo, New York. Mrs. Marfoglia is the mother of six children, ages 16, 13, 12, 10, 8 and 4. She and her family receive public assistance under ADC. IV. CLASS 9. Plaintiffs bring this action on their own behalf, on. behalf of their minor children on behalf of all others similarly situated, pursuant to Rules 23 (a) and 23 (b) (2) of the Federal Rules of Civil Procedure. The class which Plain- tiffs represent are all persons similarly situated who are recipients of public assistance under the federally assisted ADC.and ADC-U programs, and under the New York Home Relief program who have been or may be classified as “em- ployable” under § 131 (4) of the New York Social Service Law, as amended, and the regulations issued pursuant thereto, or whose parents, guardians or caretakers have been so classified and are or will be required to travel to an office of the New York State Employment Service semi-monthly for ~ ‘manpower services,” and to pick up their assistance checks, and may be required to accept any proferred em- ployment, including work on public works projects, man- dated by N.Y. Soc. Serv. L. § 164, as amended, and § 350-k. The members of the class on behalf of whom Plaintiffs sue are so numerous as to make joinder impracticable. | There are questions of law and fact common to all members. of the 21 Compiaint. - class. Plaintiffs challenge the validity of statutes and _ fegulations which are applicable uniformly to all members _ of the class. The statutes are challenged on the grounds that - they ‘conflict with the Supremacy Clause of Article VI, Clause’ 2; the Thirteenth Amendment, and the Due Process ahd Equal Protection Clause of the Fourteenth Amendment to the constitution of the United ‘States, and the Social Security Act, grounds applicable to all members of the class. Defendants have acted or refused to act on grounds generally applicable to the class. The claims of the Plaintiffs “are typical of the claims of the members of the class. The Plaintiffs will fairly and adequately protect the interests of the members of the class. V. DEFENDANTS 10. Defendant New York State Department of Social Ser- vices (the “Department. of Social Services”) is the agency _fesponsible for the administration of ADC and ADC-U in “the State of New York and is responsible in part for the ad- Moiaration of the New York Work Rules. oral. Defendant George K. Wyman is Commissioner of the New York State Department of Social Services and is ‘tesponsible for the administration and) enforcement of ‘public assistance programs in the State of New York. ‘12 Defendant New York State Department of Industrial ations (the “ ment of Industrial Relations”), is the acy of which the New York State Employment Service =S’) is a subdivision, The New York State Employment ice is the agency charged with enforcing portions of the York Work Rules. 3. “Defendant Louis L. Levine is a Commissioner of the York State Department of Industrial Relations and is 22 Complaint. responsible for the administration of the program of that agency. 44, Defendant Erie sdihaiedes Sanclaesins of Social Ser- vices (the. ‘County. Department’) is the agency responsible for the administration of Home Relief, ADC and ADC-U in Erie County, New. York and is responsible in part for the ad- ministration of the:New York Work Rules. 15.. Defendant George G. Sipprel is the Commissioner of the Defendant Erie County Department of Social Services. 16. .N. Y¥.Soc. Serv..L. § 131 (4) provides that no. public assistance. be given to any “employable person” who has “not registered with the nearest local employment agency of the Department of Labor or has refused to accept em- . ployment in which he is able to engage.” In 1971 this section was amended (effective July 1, 1971) to redefine “em- ployable persons” and to change the procedure for receipt of benefits: : “For the purposes of this subdivision and sub- division five, a person shall be deemed employable if such person is not rendered unable to work by: illness or significant and substantial incapacitation, either mental or physical, to the extent and of such duration - that such illness or incapacitation prevents such per- son from performing services, advanced age; full-time attendance at»school in the case of minor, in ac- cordance with provisions of this chapter; full-time, satisfactory participation in an approved program of vocational training or rehabilitation; the need of such person to provide full-time care for other mem- bers of such person's household who are, wholly in- capacitated, or who are children, an&.for whom required care is not otherwise reasonably available, 23 Complaint. CFI notwithstanding diligent efforts by such person to ob- tain others to provide such'care. A Person assigned to _ |, 4M participating in a public works project under the . See provisions of section one hundred sixty-four or three «> hundred fifty-k of this chapter shall be deemed to be “-~ employable but not employed. “Every employable recipient of public assistance or -.- person who is deemed not to be employable by reason . Of full-time satisfactory participation in an approved * “program of vocational training or rehabilitation shall © Feceive his public assistance grants and allowances in - person from the division of employment of the state + department of labor, in accordance with regulations of the department.” gti ed 17, Under § 131 (4), a person is deemed to have refused employment if he: “a. fails to obtain and file with the social services _—— district at least once in every two-week period a new certificate from the appropriate local employment of- fice of the state department of labor stating that such _ employment office has no order for an Opening in _ part-time, full-time, temporary or permanent em- _ ployment in which the application is able to engage, mh OF A “b. wilfully fails to report for an interview at an employment office with respect to employment when pea — requested todo so by such office, or * “ec. wilfully fails to report to such office the result of a referral to employment, or itihe’ wilfully fails to report for employment. Such wilful failures or refusal as above listed shall be 24 Complaint. reported immediately to the social services district by such employment office.” , 18. To implement these ‘provisions, the Department of Social Services and the County Department have promulgated regulations requiring Plaintiffs and the mem- bers of their class to pick up their assistance checks semi- monthly at the main SES office in Erie County. 19. Prior to the effective date of the new Work Rules, Recipients of ADC and ADC-U and of Home Relief have received their public assistance checks by mail, either month- ly or semi-monthly; recipients not deemed “employable” will continue to so receive their checks. 20. Defendants and the New York Legislature have defined the minimally adequate monthly subsistence stand- ard for the basic needs, such as food, clothing and trans- portation, for families receiving Home Relief. ADC and ADC-U as follows (N.Y. Soc. Serv. L.. § 131-a): Number of Persons in Household I 2 3 4 5 6 each additional 329 $84 $134 $179 $231 $284 $326 $45 Under recent amendments to § 131-a, maximum payments to such families have been set at go% of these minimum amounts. N. Y. Soc. Serv. L. $ 131-a (3) (b). The monthly amount allotted in these maximum payments for trans- portation expenses as approximately $1.50 per person. Other than transportation for medical assistance, reimbursed in the state’s medicaid program, no provision is made under stat Complaint. w for additional transportation allowances for Home Relief, ADC.or ADC-U applicants or recipients. Be NeW York ondek WW cates tales (or the APOC ‘and AFDC-U programs, is required by the Social Security t, 42 U. S. C. §§ 601 et seg. to have formulated a “State n” for said program in conformity with the provisions the Social Security Act and is further required to establish Single State agency to administer such Plan. Congress, in the 1967 Amendments to the Social ! Act, established the Work Incentive Program WIN”) for appropriate\recipients of AFDC and AFDC-U. ‘See 42 US.C. $§ 602 (a) (15), (19) and 632 er seq. WIN must ‘provide inter alia: ‘for exemption of certain people from a ‘determination that they are appropriate to be referred to Ork OF training (42°U. S.C. $ 602 (19) (A) ); for child care vices (42 U.S. C. $602 (15) (A) (i) ): for testing and Ounseling (42 U.S.C. § 633 (a) ); for the development of employability plan’’ leading to self-support (42 U.S.C. (b) ); for the applicable minimum wage for the par- work concerned (42 U. S. C. § 633 (e) (4)); for uation of the Aid to Dependent Children #ant to other members of the assistance unit after a “non- §00d cause” refusal to accept employment (42 U.S.C. § 602 9. In 1971, the Legislature amended Soc. Serv. L. § 164 Mid added new § 350-k to require each locality to establish Piblic works programs. Home Relief recipients are referred Programs under §.164, and. ADC and ADC-U recipients Preferred under § 350-k. Recipients can be required to in these. programs, and their compensation is the public ag Complaint. “assistance benefit to which ined Pest iMly ‘entitled, provision sets standards for the type of work 10 be provided in these programs, nor for the wages to be paid to recipients | 24. “Plaintiff Dolores Dublino “has been notified that she is an “employable person” under N.-¥.'Soc. Serv. L. $131 (4), fas | ‘teported to the County Department to obtain an identification “card, ‘and hasbeen scheduled for an ap- -pointment on July 6, 1971 to pick up her check at the main SES office in. Buffalo, an agency of the Defendant Depart- ment of Industrial Relations, which office is approximately three. miles. from ‘her home. Plaintiff Dublino. is presently enrolled in the federal WIN program and is. scheduled to register on July 6, 1971, the same day’as her appointment at SES,.for a modern office training class at Bryant and Strat- ton Business Institute, 1028-Main Street, Buffalo, New York. * 25." Plaintiff Dublino ‘was referred to this WIN training program by WIN ‘personnel in the employ of the Defendant ‘Department of Industrial Relations. Mrs. Dublino justifiably fears ‘that conflicting appointments-*may ‘prevent ‘her tégistration in desired courses of the training program and that her semi-monthty appointment to pick-up her check will interfere with other ‘training. The distance between Bryant and Stratton Business Institute and the SES office is ap- proximately six miles.’ The trip between these two points will involve at least one bus transfer and will take at least 0 minutes travel time on each direction, 126. - Plaintiff Doris Jimerson has been dotified that she is ‘an “employable person” urider Ni Y . Soc. Setv. L. $ 131 (4), has received her identification card, and has been scheduled for an. appointment on July 14, 1971, ‘betweén, 10:15 and 10:45 A.M. to pick up her check at the Buffald SES office. 27 Complaint. ' Paved highway, ‘and 4 miles from ‘the Hiearest bus at Gowanda, New York,’ Her home'is 32 miles from falo. Mrs. Jimerson has called @ taxi company to inquire transportation to Gowanda, and has been told that the ill cost $6.00 each way. Bus fare to Buffalo is $1,15 one Jimerson is not yet sure there is a bus which would get to Buffalo on time for her appointment, and it may be pessary to leave the night before. In any case, the trip will the better part Of aday.© ceraee | : - Mrs. Jimerson has been informed by-her caseworker her. oldest child, Michele, 16, who is a high school indent, will be classified as “employable” for the summer thereby will also be required to report to Buffalo twice hly for “manpower services.” ; B.: Although Mrs. Jimerson. has been informed. that she ll receive a “special check” on. July 1 to tide her and her mily over until. she receives her regular check at the SES fice on July 14, this “special check” will not iticlude an ment for rent. Mrs, Jimérson’s rent is due.on July 1 and ‘is afraid that her landlord will take action against her failuretto pay her rent when due. Plaintiff Virginia Michael has been notified that she n “employable person” under N, Y. Soe. Serv. L. § 131 has reported to the County Department in Buffalo to ob- a identification, card, and has been scheduled for an mintment.on..Jul¥ 14, 1971, to pick up her check at the alo SES office. Buffalo is 22 miles from Mrs. Michael’s ill have. to, wait until, 2:30.P.M. for the return bus to home in Alden, New York, arriving at 3:40 P. M. Round (8 Complaint. trip bus: fair, from) Alden, is, $1.40.and, because of the schedule, Mrs. Michael will have.to purchase lunch in Buf- puso gg oii dae il onset pnananiinien 4 ‘30, "Mis, Mi¢hae i Satidaind Bp iniedaioonite that her two oldest’ children, ages 19 and 18, both ‘high hool graduate wi aE 3 “ ntthdiagh Mice ‘Michael has been informed that she will receive’ a “special check” on July 1 to tide her and her family Over Until’ she receives ‘her regular check ‘at the SES office on’ July 14; this “special check” will not include an allotment for rent. ‘Mrs. Michaél’s rent ‘is due'on July 1, and she is afraid that hér landlord will take action agains . eee rhe ee "Plaintiff Jariie” Lee Phillips lost her leg in’ 1965, ina farm accident. ‘She is fitted with an’ artificial timb, ‘but becatise of its heavitiess she has great difficulty in walking more than 100 yards. Plaintiff Phillips has been notified that she is ‘an “employable person” under "N.Y. Soc. Serv. L § 131 (4) and fas reported to the County Department to ob tain an identification card. Because of’ her handicap, Plain- tiff Phillips had to take a taxi to the County Department. She Will also’ have tovtake stank: ta'the SES: office, where she} required to: teport-on duly 12.) «> i 33. piddiitePhittips pays rent FoF “eae motith ‘on’ 16th’ of the month: Although she will receive her check, it ding one half of her rent allotment, on the 12th of July, she w | not feceive her second rent allotment yntil July 2) her next appointment at SES. Piainitif? shorn we 29 Complaint. dpubticrensiatance every two weeks; her rent is $50.00 per btn Mrs. Phillips is afraid that she will be unable to pay ‘her rent when due and that her landlord will take action i her BT ate OTR. 93 : _ Plaintiff, Maria. Marfoglia has been notified that ch. » employable person” under N.Y. Soc. Serv. L. § 131 d has reported to the County Department to obtain an Mp SE 5 Office every. two weeks and also about the possibility tt may be required to accept employment. Mrs. Mar- Oglia feels that adequate child care is not available for her rot koa “aa suilcren. Her sister cannot care for Mrs. Marfoglia’s children, being busied with her own five children, and Mrs. Marfoglia’s mother, age 67, is ill. Mrs. Marfoglia, who is vorced, does not want to leave her children in the care ofa fanger, as she feels this will have a detrimental effect on tir upbringing. Mrs. Marfoglia has been scheduled for an intment on July 2, 1971 to Pick up her check at the SES ¢ in. Buffalo, some two’ miles from her home. . None of the above Plaintiffs received any notice ior to their receipt of the letter informing thém that they # been deemed “employable.” No discussion had been had mn any caseworker or other official as to any Plaintiff’s ail bility for wogk or as to any problems which might ‘&8 a result of the obligations incurred by them because heir being found “employable.” Each of the Plaintiffs is der immediate threat of referral to a work project by son of the determination that she is “employable”. 30 Complaint. y MAS°AND FOR" A“FIRST*CAUSE ‘OF ACTION | © * te New. Mae ne wot te the Equal Prove fitlon of z ied Enter a declaratory judgment pursuant to 28 U.S.C. § 2201 and Rule 57 of the Federal Rules of Civil Procedure, declaring that the New York Work Rules qe \Mielate’and "are repugnant to the Equal Protection and Due’ Process Clauses of the Fourteenth Amendment to the Constitution of the United States. b. Violate an@ are ‘repugnant to the Thirteenth Amendment to the Constitution’ of the United ‘States. c.. Are. inconsistent with and have been preempted by the Social Security Act, 42 U. S. C. §§ 601 ef seq. 3. “Issue a temporary restraining order a. ‘Restraining the Defendants from requiring Plain- tiffs andthe ‘members of their class to pick up their public -agsistanee checks at an office of the State Employment Ser- Vice and from taking further steps to enforce the New York b, Ordering the Defendants to issue immediately by mail the amounts normally due to Plaintiffs and the mem- bers of their class as their ‘semi-monthly public assistance nt, including rent allowance, less any amount already issued in the form of “special check.” 4, Enter a preliminary injunction pending the final determination of this matter and, thereafter, a permanent in- junction prohibiting, restraining and enjoining’ Defendans their successors in office, agents and employées from en- ‘ he 2: Bay eee SS eye ity ised bis forcing, applying or implementing:the aforesaid New York - Work Rules. a 5. "Award Plaintiffs damages, and their costs herein, and "any additional or alternative relief as the Court may deem to be just and appropriate. ane ¢ Hine ; i en was ; Pitts rey oe , hee aes we so Bae cs ,. % : Respectfully. submitted, ' ae , . LEGAL AID BUREAU OF BUFFALO, INC, ye NEIGHBORHOOD LEGAL SERVICES, 481 Swan Street, Buffalo, New York 14204, ' Michael A. O'Connor, Of Counsel, — Dennis R. Yeager, E. Richard Larson, Mayer G. Freed, 401 West 117th Street, New York, New York 10027, Attorneys for Plaintiffs. is Decision Granting*Motion for Class Action Ordering Convening of a SP heeudge Gourt. RRR NY tre 1084 4 PRS Western District ‘of ‘New York. DELORES DUBLINO; ‘DORIS JIMERSON, VIRGINIA MICHAEL, JANIE LEE PHILLIPS and MARIA MAR- FOGLIA, on. behalf of,.themselves and their minor as ies NEW YORK STATE, DEPARTMENT, OF SOCIAL SER- VICES; its Commissioner, GEORGE. K. WYMAN, NEW YORK STATE DEPARTMENT OF INDUSTRIAL “RELATIONS; its Commissioner, LOUIS L. LEVINE, ERIE COUNTY. DEPARTMENT OF SOCIAL SER- VICES and its Commissioner, GEORGE G. SIPPRELL. SCreit sca sas Defendant. Plaintiffs, Civil No. 1971-308. ae ww Appearances: — Michael A. O'Connor, Buffalo, New York, and Dennis R. Yeager, E. Richard Larson, and Mayer G. Freed, New York, New York, for Plaintiffs. Louis J. Lefkowitz, Attorney General of the State of New York (Jean M.-Coon, Assistant Attorney General, of Coun- sel), for defendants Wyman and Levine. eta ¢ ‘Mario C. Gambacorta, Assistant County Attorney, County of Erie, for defendant Sipprell. 35 ‘Decision: Granting Motion for Class Action and Ordering Convening of a ‘Three-Judge Court. “This is'an action ‘challenging the constitutionality of the recent. amendments to the New York Social Welfare Law, and the departmental regulations adopted pursuant to the amendments, all commonly known as the New York Work ‘Rules. The contested provisions are Sections 131(4) and 164, #8 amended,' and 350-k? of the Social Welfare Law and Department of Social Services Administrative Letters, Num- bets 71 PWD—34? and 71 PWD—43* In brief, the Work Rules establish a n that certain. recipients of put State welfare programs are em- G3 Administrative Lener No, 71 PWD—34 provides as follows: litted in printing—printed as Exhibit B to answer of State Defendants, ‘Administrative Letter No. 71 PWD—43 provides as follows: ted in printing—printed as Exhibit C to answer of State Defendants. ‘Decision Granting Motion for Class Action and Ordering ‘Convening of -a , fh , Judg Pa urt ybeen.or, — we of the above statutes and — S70 wee a bet Wal: W's ris eit the sates en ‘regulations unconstitutional’ under the Thirteenth Amend- ment and the Due Process and’ Equal Protection Clauses of ‘the: “Fourteenth Amendment, and itivalid under the f /Clause 6f the Constitution of the United States, ‘on ‘the ground that they conflict with the provisions of the ‘Social Security Act of 1935 (42 U.S.C. $$ 601 er seq.). Plain- tiffs further seek a temporary order restraining the en- forcement of the Work Rules pending the final deter- shade Ok Biss ate, rs neg rege injunction thereaf- “ter. The defendants have ‘moved to dinsiiss the complaint on the grounds that it has failed to state a cause of action and that the federal court should exercise its discretion to abstain ‘from deciding the constitutional issues presented here while ‘the plaintiffs exhaust their state administrative remedies pur- suant to Section 353, New York Social Welfare Law. At this time, the defendants’ motion must ‘be denied. See Woolfolk ve Brown, 325 F Supp. 1162 (ED. Va. 1971). With respect to the question of federal abstention, as will be apparent from the discussion below, the defendants’ motion is premature. Three questions remain: whether the plaintiffs should be permitted to proceed as a class, whether a three-judge panel, pursuant to Title 28, United States Code, Sections 2281 and 2284, should be certified, ‘and whether ‘a@ preliminary in- junction should issue. A class action under Rule 23(b) (2) is proper if the prerequisites of Rule 23(a) are satisfied and : 37 “Decision Granting Motion for Class Action and Ordering Convening ofa Three-Judge Court. eo. ‘the party opposing the class’has ‘acted ‘or refused to act ste ‘on grounds generally applicable to the class, thereby © making’ appropriate final injunetive ‘relief or cor- > i > agers agin ar be: acaepeeednmmeas ae ‘a whole. (Rule 23(0)(2).) Ls eA ¢ class plaintiffs seek to, represent is numerous, with join- “der impracticable, and there are common questions of law. * The claims presented are typical, and will be fairly repre- 4 ented by the named plaintiffs. The court finds that this is an appre class action, and plaintiffs are accordingly per- “mitted to proceed as representatives Sih ape f In this circuit, notice to absentee members of the class is “Tequired. Eisen v. Carlisle & Jacquelin, 391 F. 2d 555 (2d Cir P1068)" They ‘shoutd be ‘advised ‘oF thé pendenicy of the “suit and of their right to be excluded from ‘the final judg- ‘Ment. Given the indigency of the plaintiffs and’class, the de- -fendants should provide the notice of this action. Individ- tal Notification is unnecessary. “In the degree that ‘there is cohesiveness or unity in the Class and the representation is fective the need for notice to the class will tend toward a “Minimum.” Advisory Committee Notes, Proposed Rules of “Civil Procedure, 39 F. R. D. 69, at 106 (1966). Defendants “are directed to post notices, in apecopriate fourm," at a.con- za SSA mages frm would tem ow - nonce *. i Work Rules (Sections 131(4), 164. and 350—4 of the New York re Law) are currently the subject of constitutional litigation in the am District Court, Buffalo. New York, 14202. All public’ assistance 1 “recipients subject to these statutes are now deemed to be plaintiffs i this fawsuit. (Footnote continued on following page) 38 Decision Granting Motion for Class Action and Ordering Convening of a Three-Judge Court. spicuous location in each of the offices of the Department of Social’ Services ‘and State Employment, Service which are regularly visited by: members of the,class. The notice should further indicate that persons, wishing to be excluded. from the effect of a final determination: in this, matter should notify this court no later than September 1, 1971. In further consideration of the members of the'class, the notices should be written in English and Spanish. ete © Where state legislation is sought to be enjoined as violative of the Constitution of the United States, a three-judge panel is usually required before a decision on: the merits can be reached. The distriet judge must determine whether the con- stitutional questions presented are substantial, whether the complaint, alleges,a basis for equitable relief, and. whether the case otherwise comes within the requirements of Title 28, United States. Code, Sections 2281 and, 2284, See Idlewild Bon Voyage Liquor Corp.. v, Einstein, 310 U.S, 713 (1962) The court, finds that this action meets the Idlewild test, and therefore the Honorable Chief Judge of the United States Court of Appeals for the Second Circuit is hereby requested to conyene a three-judge court to hear, and determine this cause... (Footnote continued from preceding page) Counsel for the individual named plaintiffs who are representing the class are: Michac} O'Connor, Esq.. 481 Swan Street, Buffalo, New York 14202, and Den- nis Yeager. Esq.. E. Richard Larson, Esq. and Mayer G. Freed, Esq.. 401 West 117th Street. New York. New York 10027. _ Any member of. the class who, wishes to be excluded from the effect of a final determination in this matter should express his choice in writing on oF before September |. 1971. Such letters should be addressed to: Clerk, United States District Court. 68 Court Street, Buffalo, New York 14202." * : Dteds... ees 39 » Finally, plaintiffs seek. a-temporary order restraining the _ enforcement of the challenged state: provisions. with respect --to-eagh, member of the class. Title 28, United States Code, “Section — _This, motion is, denied. There is not suf- = ‘ficient evidence, by way of affidavit or otherwise, before the 5 Se ee Oe eomtines of , 0 JOHN’. CURTIN, United States District Judge. : August 6, 1971. |. Answer on Behalf of State Defendants. “UNITED STATES DISTRICT COURT Western District of New York | Title Omitted. in Printing.) e ibe delcadants New York State Department of Social Ser- omices, George K. Wyman, New York State Department of Baber, and Louis L, Levine, by their attorney, Louis J. | Admit the allegations ‘contained i in paragraphs IT, 14, 16, 17, 19, 2wand 22 of the, complaint herein. a On information and belief, admit the allegations.con- ted; in paragraphs 4, 5, 6,.7, 8, 24, 27, 29, 30, and 32 of the lain | herein... The. source of. their information and the nds for their belief are affidavits of the plaintiffs sub- 40 Answer on Behalf of State Defendants. mitted to the Court in support of an application for a Tem- pordty Restraining Ordersi> opsrolis7 ot Fo tne e. “Deny each” and every ‘allegation’ contained’ in paragraphs 36, 37.38. 39, 40, and 41 OF the complaint NET » 4aeds.t0 the allegations contained in paragraph. 1 of the complaint herein, admit those allegations are the stated, pur- pose of the action and state the claims of the plaintiffs, but deny any conclusions as to the validity of the claims con- tained therein which may be drawn from those allegations. 5... As to the allegations contained in paragraphs 2 and 3 of the complaint herein, admit that the jurisdiction of the Court is invoked in this action as stated, but deny any con- clusions as to. the validity of the claims therein stated which may be drawn from those ihesatidn 7 6. As to the allegations contained in paragraph 9 of the complaint herein, admit that the action is brought as stated, but deny any conclusions as to the validity of the claims therein stated which may be drawn from the allegations con- tained therein and further deny that plaintiffs may properly bring this action as a class action on the ground that _ questions of law and fact affecting only the individual plain- tiffs predominate over, questions of law of fact common to the whole class as stated. | 7. As to the allegations:contained in. paragraph. 10 of the complaint herein, admit the allegations thereof except allege that the New York State Department of Social Services is the sole final authority for the administration of the New York ‘Work Rules. 5 ith iseentoti ve As to the allegations contained in paragraph 12 of the complaint herein admit the allegations thereof? éxcept allege that the correct title of the Der iment is the New York 2 9 date the allegations conthiived in paragraph 13 of the complaint herein, admit the allegations thereof, except allege that defendant Louis L. Levine is the Industrial Com- Sli avapeasctsnane sive.\oechaplds toaahiet nome gee the New York State Department of Labor. 10, As to the allegations of paragraph 18 of the com- : herein, admit the allegations thereof, except that the ‘State Department of Social Services regulations are general ‘Batewide regulations and do not refer specifically to the in- plaintiffs: herein or apply solely to Erie County. “ nu. As to the allegations contained in paragraph 20 of the complaint | herein, admit the allegations thereof, except allege that the flat grant provided under ial Services Law, § 131—a does not include housing, fuel, ica expenses’ or other specific types of expenses as tm d in the regulations of the Department (18 NYCRR 52.1), and further allege thatthe standard of need for ily of 6 is $329 per month (not $326), and further allege t transportaion allowances have been provided by u er See pene PTR TORO ts Se Se ee nen. t regulation in other instances where need is y and further allege that the computation of basic ds a enarere eens for row wires , but is computed from Federal figures i fie labial hatela GoriNented. 6-Maie York Same sh figures include an annual allowance for trans- 2 hinhetaliiigs approximately $80 for a family of 42; Answer-on Behalf of: State. Datesions 12. “As to the enajatinaaninnie paragraph 23 of the. complaint’herein, admit the allegations thereof, except allege. that the provisions of Section 350—k are not being, applied. to ADC and ADC—U recipients and that only Home Relief. recipients are.being referred to public works projects, and further deny that the statutes | do not set standards for type of _ work: provided or wages to be paid to recipients. 13. As ‘to the allegations contained..in paragraph 25 of the complaint ‘herein; admit the allegations thereof, ex- cept allege that the correct title of the Department is the Department of. Labor, and deny knowledge or information sufficient to form a belief as to plaintiff's subjective reac- tions. 14. As to the allegations scmaliaid in paragraph 26 of the complaint. heréin,. admit the allegations thereof on in- formation and. belief, except deny that plaintiff's ap- pointment could not be scheduled so that she could make the trip to. Buffalo in one day. “15.: Asto the allegations contained in paragraph 28 of the complaint admit the allegations thereof, on information and belief, except deny knowledge or information sufficient to ities a belief as.to plaintiff's subjective reactions. 16. Astothe allegations contained in paragraph 31 of the complaint’ ‘herein, admit ‘the’ allegations ‘thereof, on. i- formation and belief, except deny knowledge or information suffic cient. to form: a belief as to oaegaets aes reac- tions. re “Aste. she silenetionss contained in ere BY 33 of the complaint herein, admit, the allegations thereof, on in- formation and belief, except deny knowledge or information ‘sufficient to. form a. belief as to plaintiff's subjective reac- tions. 43. Answer on behalf of State ‘Defendants. _Asto the allegations contained in paragraph 34 of the Omplaint herein, admit the’ allegations thereof on in- ation and belief, except deny knowledge or information ic: — ee geese oe reac- PSR ar age in paragraph 35 of the aint herein, deny knowledge or information sufficient rm a belief as to the allegations contained therein, ex- deny that ADC or ADC—U recipients may be referred om Se works de ages or the Departmental Dns. OR A FIRST, SEPARATE AND DISTINCT DEFENSE 1 THE COMPLAINT HEREIN, DEFENDANTS 20. / Bros to the enactment of Chapter.102 of the Laws of 1971, acopy of which is attached hereto as Exhibit A, Social erv ‘Law, $ 131 required “employable” recipients of public stance to report semi-monthly to the nearest office le State Employment Service for job referral. That sec- sI 80 contained an exemption from the definition of em- at of persons-unable to work by reason of age, health, br other disability. Chapter 102 amended that Section in two ects. First, it clearly defined the persons who would be deemed not to be employable, as those persons rendered f ‘to work: by reason: of. illness, significant and sub- i iy mental incapacity, advanced age, full- ince at school in the case of a minor, full-time thold for. whom care is otherwise’ not reasonably ble. Thus, for the first time, the statute actually ‘con- FT TE ee Bead ae oe Ge Te Sec YS eR ERED Vee ye: Answer on Behalf of State Defendants. tained ‘a definition and standard for, determining which public assistance ‘recipients; were or were not employable, Contrary:to the-allegations of the. plaintiffs, Chapter 102 established the: first statutory. standards for that. deter- mination and established: standards which are on their face reasonable and fair. = | 21, Secondly, Chapter 102 provided that “employable” public assistance recipients would, at the time. of their re- porting for job referral. or employment counseling, have their assistance checks personally delivered to them.. Not only would that system provide an accurate method of de- termining whether or not employable recipients were in fact.reporting for job referral or counseling, but also would assure those recipients of the receipt of their checks on a day certain, without having to rely on the uncertainty of mail deliveries, but would also tend to alleviate some of the problem of check’ thefts. Recipients considered non- employable by “reason of participation in a program of vocational training or rehabilitation. are also required to report'to the offices of the State Employment Service for job counseling and for evaluation of their progress in the training “or rehabilitation programs. At the time of such reporting ‘they afte “also”"to have: their assistance checks delivered to’: them. Chapter 102 has been implemented by Ad- mittistrative Letters’ Nos. 71 PWD-34, 71 PWD—43 and. 71 PWD 52, copies of which are attached hereto as Exhibits.B, C: and D. These letters establish: reasonable, fair and adequate standards for the determination of employability and the procedures for ‘referral of -employables: for job ‘referral and services. (0 | _ 22, Chapter 101 of the Laws of 1971 (a copy,of which is attached hereto as Exhibit E) amended Social ‘Services Law 45 Answer on Behalf of State Defendants. sa enieh apis sncial: services district to provide for ¢ establishm -Of Public. Works Projects for the assign- | of employable persons seceiving Home Relief, Such rams would be established. either directly by the social e 8 district or, by, contract, by the State Industrial Com- ic . Public Works Projects established under the law poe State and Federal requirements and are to be vided for the conservation of work skills and/or the der opment ‘of new skills of fecipients of aid. Persons signed to such projects must be employable under the of Social Services Law,’ 131, as amended, and ision must also be made to permit such persons to seek r employment or to secure appropriate training or re- = ning where available, Chapter 101 has been implemented bh y Administrative Letter 71 PWD—48, a copy of which is at- d hereto as Exhibit F. 2 Both Chapters 101 and: 102\have been implemented by rtmental regulations filed with the Secretary of State of 51 sat New York om July 30, 1971, a:copy of which is hed hereto as Exhibit G. The Administrative Letters and Departmental regulations provide definite, reasonable, equate and fair standards for administration of the is and accord to the plaintiffs and other recipients of ce subject to those regulations due process of law. A SECOND, SEPARATE AND DISTINCT NSE TO THE COMPLAINT HEREIN, DEFEN- ‘TS ALLEGE: — This Court. should abstain from a determination of ues raised in the complaint until plaintiffs have pur- administrative remedies available to them under State The complaint and the affidavits in support of the for a Temporary Restraining Order raise issues as to 46 Answer on Behalf of State Defendants: whether oF nOt’ plaintiffs: have: been properly classified as employable and as to whether or not alleged hardships cannot be alleviated by rescheduling of appointments or by other administrative determinations. If plaintiffs’ individual situations may be $0 resolved’ then the constitutional issues need not be reached for a euierfintiacisn cof the merits of plaintiffs’ complaints. Assistant Attorney General. 47 Exhibit A Attached to Answer. | | Bxhibitvas _ STATE OF NEW YORK (Imprint) 1971-1972 Regular Sessions ‘IN SENATE April 6, 1971 Ch. 102 ed by COMMITTEE ON RULES—read twice and ‘printed, and when printed to be committed to the ittee on Social Services AN ACT S's mend the social services law, in relation to employable recipients of public assistance _ ‘The People of the State of New York, represented in % 3 inate and Assembly, do enact as follows: _ tion 1. Subdivision four of section one hundred thirty- Of the social services law, as amended by chapter one ed eighty-four,of the laws of nineteen hundred sixty- ‘is hereby amended to read:as follows: |... .. No assistiince ot cate shall be givén to ab eitiployable jon who “has not registered ‘With the nearest lotal em. EXPLANATION—Matter in italics cts new: matter in brackets {_] is old law to be 48 Exhibit A Attached. to Answer. ployment agency of the department of labor or has refused to accept employment in which he is able to engage. A person shall be deemed to have refused to accept such employment if he: — Nanna) a. failsto obtain and filé with the social services district at least once in every two-week period a new certificate from the appropriate local employment period a new certificate from the appropriate local employment office of the state department of labor stating that such employment office has no order for an opening in part-time, full-time, temporary or permanent employment in which the applicant is able to engage, or b.. wilfully fails to. report for an interview, at an em- ployment office with respect to employment when requested to. do so by such office, or c. wilfully fails to report to such office the result of a referral to employment, of d. wilfully fails to report for employment. Such wilful failures or refusal as above listed shall be reported im- mediately to the social services district by such employment office. [This shall not apply to persons who cannot register with such employment agency because of age, health or other disability.) cy : | For the purposes of this subdivision and subdivision five, 4 person shall be'deemed employable if such person is not ren- dered unable to work by: illness or significant and sub- stantial incapacitation, either mental or physical, to the ex- tent and of such duration that such illness or jrtcapacitation ‘prevents such person from performing services; advanced 49 Exhibit A Attached to Answer. full-time attendance at school in the case of minor, in accordance with provisions of this chapter; full-time, satisfactory participation in an approved program of ‘Vocational training or rehabilitation; the need of such person to provide full-time care for other members of such person’s household who are wholly incapacitated, or who are ‘children, and for whom required care is not otherwise reasonably available, notwithstanding diligent efforts by Such person to obtain others to provide such care. A person ‘“Wssigned to and participating in a public works project under ‘the provisions of section one hundred sixty-four or three hundred Sifty-k of this chapter shall be deemed to be em- Ployable but not employed. _ Every employable recipient of public assistance or person who is deemed not to be employable by reason of full-time satisfactory participation in an approved program of vocational training or rehabilitation shall receive his public ‘asi e grants and allowances in person from the division Of employment of the state department of labor, in ac- tordance with regulations of the department. ‘This act shall take effect July first, nineteen hundred Seventy-one. SEE Exhibit. B Attached to. Answer. Exhibit B. STATE OF NEW YORK Department of Social Services 1450 Western Avenue Albany, New York 12203 George K. Wyman Commissioner Transmittal No.:.. 71 PWD—34 ‘Date: May 13,1971 ADMINISTRATIVE LETTER | To: Commissioners of Social Services. Subject: Employable Recipients of Public Assistance. Distribution: B—5 Public Assistance Executive and Supervisory Staff. Chapter 102 of the Laws of 1971, effective July 1, 1971, amends Section 131.4 of the Social Services Law. The amendments contain three significant additions: 1. The statutory definition of “employable” is as follows: A person shall be deemed employable if such person is - not rendered unable to work by: (a) illness of significant and substantial in- capacitation, either mental or physical, to. the extent and of such duration that such illness or in- capacitation prevents such person from performing SI Exhibit B Attached to Answer. ee , (b) advanced age. (c) full-time attendance at school in the case of a minor, in accordance with provisions of the Law. (N. > B> thie ts interpreted not to include emancipated minors.) exe a (d) full-time, Satisfactory participation in an ap- : Proved program of vocational training or ~~ rehabilitation. ee (e) the need of such person to provide full-time gare for other members of such person’s household me who are wholly incapacitated, or who are children, and for whom required care is not ‘otherwise reasonably available, notwithstanding diligent efforts by such person to obtain others to provide such care. (2 A person assigned to and Participating in a public ‘works project under the provisions of sections 164 or 350—k ‘of the Social Services Law shall be deemed to be employable t not employed. . Every employable recipient of public assistance or ion who is deemed not to be employable by reason of -time satisfactory Participation ‘in an approved program vocational training or rehabilitation shall receive his Ic assistance grants and allowances in persOn from the on of Employment of the State Department of Labor. he “Department, in cooperation with the State Labor artment, is préently developing regulations, policies Procedures to implement this Law as of July 1, 1971. As : are developed, we will further advise you. _ order that each local social services district have as time as possible to Prepare for the orderly im- 52 Exhibit B. Attached to Answer. plementation of the Law, ‘the following. steps. should be initiated immediately so that they are completed by no later than Tune 30, ASTI: . Each social actvicws dieda shall maedianele review its pci caseload to insure that its roster of HR and ADC employables is up to date. The roster shall be kept current ‘by additions and deletions as they occur. B. In addition, the following type cases shall be separately identified: da Fhe: ‘enehonshin” not. deemed. to. be employable because of participation in an approved program of vocational training or rehabilitation; i.e., WIN, MDTA, etc. (See Bulletin 26, page 7 for other examples). If the “employable”’, person is not the grantee, his relationship - shall be specified. 2, The grantee is “employable”, and there are one or more other “‘employables” in the family. The relation- ship of the other “employables” to the grantee shall be specified. iow The grantee is not “employable” , but there are “employables” in the family; ie., an instance of a disabled ADC mother with an “employable” 17 year old - gon; etc. The relationship of the * siete to the grantee shall be specified. : C. In-each case where there is an “employable” male head-of-family, he: shall. be made grantee for the family grant, if he is: not presently the grantee. . D. Since the “employable’s” Social Seciarthy: Account number will be used as an identifier, all individyals age |4 and over are required to possess a Social Security Account number. 53 Exhibit C Attached to Answer, © Methods and procedures for securing a Social Security ‘Account number for those individuals not now Possessing ‘ne will be released within the next few days. Behe. GEORGE K. WYMAN. Commissioner. Exhibit C. STATE OF NEW YORK Department of Social Services 1450 Western Avenue Albany, New York GEORGE kK. WYMAN Commissioner Reis Transmittal No.: 7} PWD—43 &- Date: June 9, 1971 : bx: ‘ADMINISTRATIVE LETTER 4,10: Commissioners of Social Services. , Subject: Work Reform: Policy and Procedure for Referral of Unemployed Employables to the New York State Department of Labor for Check Delivery and eceipt of Employment Services. | istribution: B—2 General . Administrative Staff cial). bad u know, the Laws of 1971 Place a renewed and ex- ‘Panded emphasis on restoring all employable recipients of Public assistance to employment in the regular economy, Ac- itdingly, all unemployed employable persons applying for 54 Exhibit C Attached to Answer. or receiving public assistance are not only required to register at the New York State Employment Service district office in their community, and report there regularly for ap- propriate employment counseling services and job referral, but, effective July 1, they will also pick up their assistance checks there. The penalty for not cooperating in this procedure is ineligibility for public assistance whether the individual is the grantee head of family, single person living alone, or non-grantee non-head of family. The Law places the full responsibility for the deter- mination of employability and for the required action in ap- plying sanctions for failure to cooperate in the process on the local: social service agencies. It is the intent of the Legislature that the services required to implement the various provisions of the Law be a top priority activity in social service agencies and that the necessary monitoring of the program to provide the report data necessary for evaluation be an inherent part.of the entire process. To assist you in implementing and evaluating the legal requirements, this Department has had a series of discussions and clearances with the New York State Department of Labor and the Social Security Administration. We have reached agreement regarding the basic components and a standardized procedure which will assure uniform, effective processing and reporting operations state-wide. Obviously, it will be necessary for you to establish close working relation- ships with the local offices of these agencies to assure that everything possible is done to achieve an orderly work flow so that the objective of the law to restore employable recipients to employment may be accomplished without con- fusion, or harassment to the recipients. Because‘of the wide variations in workloads throughout the State, Some minor ‘adjustments in the procedures outlined may be necessary a 55 Exhibit C Attached to Answer. mtion so that this intensified effort toward employment in be operative by July 1. GEORGE kK. WYMAN, Commissioner. POLICIES AND PROCEDURES FOR "ERRAL OF UNEMPLOYED EMPLOYABLES TO THE NEW YORK STATE DEPARTMENT S _ OF LABOR. M : latroduction, Administrative Letter 7) PWD—34 provided reliminary information concerning amendments to Exhibit C Attached to Answer. .. “Section 134:4-of :the/Social Services Law. Subsequently, .- “Ghapter 298 of the: Laws of 1971 amended the same sec- tion of the Social Services Law to provide that: ~ (a). Recipients are required to report semi- month 16 the Employment Service. ‘(b). The Social Services Department, as well as the recipient, is charged with the responsibility to exercise diligent effort to secure child care for — em- . ployable dea ram 2 Purpose. The purpose of Section 131.4 is to restore all em- ployable recipients of public assistance to employment _in the regular economy. To accomplish this, the Law specifies certain responsibilities to bé met. by all social services districts apd: recipients, as follows: (a). Social services districts are required to assess the employability of all applicants and recipients be- tween the ages of 16 through 64 and to determine, in accordance with specific criteria (See Section B), those recipients who are employable and unemployed. (b). The State Employment Service is responsible for, the -provision.. of manpower services and job _ placement mm at erieeny who are deemed em- ployable.. (c) All ansala Lhbployaible grantees shall report to the New York State Employment Service on a semi-monthly basis for ‘manpower ‘services, cer- tification, and receipt of their regular semi-monthly 57 Exhibit C Attached to Answer. BOO gD AN unemployed employable non-grantees are “required to report to the State Employment Service on ee “a semi-monthly basis for Manpower services and cer- Sie * (e) All unemployable persons in -YOcational ; : ¢. Maining or rehabilitation are required to report to the Wie State Employment Service on a semi-monthly basis ys for a review of their Progress in training, necessary a .. , Manpower services, and receipt of their regular semi- i monthly grant of assistance, if they are the grantee. iB , Department Policy. © Lv Definition of Employable. a begs All ADC or HR applicants or recipients age 16 and over shall be deemed employable except by reason of: 4 (a) Full-time employment; ws) Attendance at school full-time for a minor ‘Other than an emancipated minor; = (c) Attendance full-time in grade or high school ->>> for an emancipated minor; picks (d) Full-time, Satisfactory Participation in an ap- _ Proved program of vocational training or _fehabilitation, which shall include but not be limited to Participation in the Work Incentive Program and a ___ two-year college program with a Specific vocational 58 Exhibit C Attached to Answer. _.. (f) - Mental or physical illness or incapacity which _ has been medically verified to be of a significant or substantial nature so as-to prevent such person from engaging in employment; age shall be a basis of unem- ployability only when it has been verified that the in- dividual would be potentially | hazardous to himself or ‘others with whom he is associated; and persons with a history of drug addiction shall be deemed employable only: ‘when determined medically to be free of drug ‘use, or participating ina methadone maintenance "| program or ‘rehabilitation program; or, (g) . The need of such person to provide full-time care for other members of such person’s household who are verified to be wholly incapacitated or who are children, and for whom required care is not otherwise reasonably available, notwithstanding diligent efforts by such person and the social services district to obtain services or the assistance of others to provide such care. . 2... Social. Security Numbers. All persons age 14 and over shall be required to have a social security account number. 3. Medical Information. Medical verification of illness or incapacity shall in- _ clude information about: (a) The anticipated duration of unemployability; (b) The: persons’s limitations, if.-any, as to the agi kinds of .work: in which: -he.may engage and the maximum number of hours which he may york, and, (¢) What medical treatment, if any, is indicated to correct or ameliorate his condition. PA 59 Exhibit C Attached to Answer. 4. Employability of Drug Addicts. “UE eaeeese _(@) Persons with a known history of drug use are mot to be referred to the State Em- _ ployment Service in the absence of a medical __ Statement of freedom from drug use or medical Verification of ‘the individual’s Participation in a methadone ‘maintenance program or rehabilitation " program.» Sh (b) If an individual has a history of drug use and is unable to provide necessary medical verification to meet the requirements of the State Employment Ser- vice, he shall be referred to a treatment agency. If he is known to’ or has a preference for a particular tecognized agency, his choice shall be given con- sideration. If enrollment in a treatment agency of the client’s first choice is not available within a month, he must choose an enrollment in an agency where placement is immediately available until an opening _. May occur for his original preference. (c) An individual who refuses treatment from a recognized agency or makes himself unavailable for treatment shall be considered ineligible for assistance. Employment of Mothers and Provision of Day Care. _ {@)__The presence of children in the home shall not __. in itself be a basis for determining that a mother (or Other female caretaker relative) is unemployable. It is ___ the policy of the Department to require such persons to accept employment or training when not ill or in- ~~ tapacitated or otherwise excluded by the Definition -*of*Employable. ~ oan Exhibit C Attached to Answer. (b) Such a person.shall be required to accept em- ployment. or training leading to self-support unless her presence in the home is essential for the care of “her children or ‘othet incapacitated members of the “family. ©), ie the instance of a job refusal, such determination shall ____ be made in accordance with Department Regulation 385.6 (Bulletin 26). If the failure was without good cause, his assistance shall be terminated, or in the in- ____ Stance of an &pplicant his application shall be denied - ‘im accordance with the provisions of Department - Regulation 385.7 (Bulletin 26). Such person shall con- » tinue to_be ineligible for further assistance until such _ time_as he is willing to comply with the requirements of the law, but: 64 Exhibit C Attached to Answer. oe cee (A) A recipient’shall, not, be eligible for any deo) _ assistance. for a period of one ‘month from the ter- “mination: of assistance. , . Q). An applicant. shall. not be eligible for one J sions fromthe time of his failure to comply. ‘9. Schedule for’ Implementation. (a) By no later than July 1, 1971, all recipients of HR, ADC, and ADC—U who are currently classified as unemployed employables shall be referred to the appropriate State Employment Service office. “(b). Immediate assessment of all new applicants for HR, ADC, and ADC—U, and immediate referral of all found to be ‘employable. ~ (c¢) © Priority shall be given to the assessment, iden- tification and. referral of all other HR and ADC males under 50 years of age who are not now classified | as employable. (d) At the point of next recertification or next . contact, whichever. is..earlier, all other ADC, ADC-—U, and-HR cases shall be reviewed to identify other.employables (i.e., mothers, youths becoming 16, males over 50 and others whose employable status has _ changed), ’ Procediires.” +e ‘Screening. “Th accordance slate ‘Ajith iktetive Letter n PWD—%¥4 and 1. A.2. and B. of this letter the local social services - districts must rescreen their current cases to identify em- pena ‘This screening must be completed prior to July 1, 1971. 65 Exhibit C Attached 16 Answer. ‘B. The Use“of Social Security Numbers. 1 Ttis essential that Social Security numbers be ob- tained quickly since unemployed employables must have : @ Social Security. number in order to become employed. "2 Untimately, Social ‘Security ‘numbers’ wilt be used as the identification number for State Employment Ser- " ~ vice and the basis for setting up appointments with State "Employment Services for services and check pick up as napintas in patagraph II. C. 1’ (a) (2). As of July: I, “1971, such Social Security numbers may be so used only “if all “of an agency's’ unemployed employables have “ih Social Security ‘numbers. Otherwise, case numbers will be used in their place'for the interim period. The local * “Employment Office shall be advised of what numbers are to be used effective July 1, 1971. sat The following procedures for _Obtaining Social _ Security numbers are to be followed: ny ne ep eee ee oreo _ Social Security numbers must be Obtained for all ap- = plicants and others in their families who are 14 years of _ -88¢ OF Over, regardless of category as they apply for rmerly (WS-11) at the time “of application: Any individuals who do not have Social curity numbers or who cannot find them must obtain 66 Exhibit C Attached to Answer. them in the manner,described. for undercare. recipients below. i Recipients—HR nid ADC. ’ A Social’ Security account number is also required for all persons 14 years of age and over. Agency records must’ be screened immediately for. such numbers. For those ‘individuals for whom a Social Security number is not found, a careful plan should be made in the agency -so that the next Social Service employee to be in touch with. the family will deliver a Social Security Number Application Form (SS-5, Exhibit 1). In separated agen- cies, any member of the Social Service Team, as well as ‘Volunteers or Outreach workers may take up the matter of the Social Security number since employment is an appropriate Social Service function. At the time of the contact, the following sources might be checked to obtain the individual's Social Security number: ~A Social Security Card; Recent Income Tax Return; ~« Withholding: Statement, W-2; - Unemployment Insurance Card; and Pay stubs from former employers. If this effort still does not produce a Social Security numbef, an Application Form (SS-5) should be prepared + mmediatéely. The individual should be assisted in com- _ pleting and signing the Application Form, together with -’an authorization to the: Social: Security Administration for the release ofthis information for Home Relief _ - eases (Exhibit 1-B). When preparing the SS-5 Form, each . item of information’ is*required since the" application is gk neat = 67 Exhibit C Attached to Answer. “©? Will'00t'be procesied it te incomplete. If any'of the in- formation requested is not known, the word “unknown” |. seatibe insened the blank space so. that the Ap- lication, Form will be considered complete. the Social Services agency and the transmittal date, and - list the recipients for whom Application Forms, SS-S, are being forwarded. Cases shall be listed in "alphabetical sequence. Thé public assistance case num- ~ ber must be indicated next to the recipient’s name. In _ Order to speed up processing, it iS suggested that ap- » plications for persons 16 years of age and under be bat- » ched ‘separately, since. processing time for these in- » dividuals is shorter, _ In ‘about’ two ‘weeks time, the ‘local Social Security __ District Office"Should receive a reply from Baltimore ‘and will list each individual's assigned Social Security and ADC recipients shall be entered on agency records as described above in the procedure for applicants. 68 Exhibit C Attached to Answer. : Refearat of sompacsiestae to State sienna Ser- vice. | be ans ~ (a) Exhibit’8 is’ a’ iiggbn ct letter to schedule ap. pointments for HR’ and ADC employables to come in _ for an employability assessment and Signature ID Card when necessary. (1) ‘Prepare “Referral to New York State Employment Service” (DSS-1653; see Exhibit 2 attached) in duplicate. Original is hand carried by grantee to New York State Employment’ Service. Duplicate is filed in Eligibility Record. Instructions for preparation of Form-1653 are b gloearmrag on ‘the reverse of the form. : (2)” Assign a reporting date and time. State Em- ployment Service District offices will make available to each Social Services officer by June 1S, 1971, the final calendar schedule which is to be _used by each district for assigning reporting dates and times. You will find in Exhibit 3 a model of sucha You will note.in. some instances, up to a3 me lag beyond the normal semi-monthly period. This perio. of time should not be exceed in making a ~ local adaptation of this model. Each local Social Services office shall contact the State: Employment Service office servicing them and agree on the use of Social Security numbers or case Mumbers for .identifying and referring unemployed employables. A district shall use either a Social Security number or a case number, but not both. ») (3) "Section 131 of the Social Services Law 4s “amended by Chapter’ 103, requires the* jssuance of ‘photo identification cards for persons to whom public 69 ‘Exhibit C Attached to Answer. _ assistance payments are to be paid. An administrative __,, Aetter will be released in the near future to implement a , this procedure. However, if the grantee hasn’t been issued a photo ID card before he reports to New York __. State Employment Service, he should be given a Signature ID Card (DSS-1767, Exhibit 4), as a tem- "porary ‘measure ‘for ‘use’ until a photo ID card is ~~ issued. (Agency may-use an approved local equivalent where Signature ID Cards are already in use). All: employable persons requiring a Signature ID = Card will have to report to the local Social Services -» ». agency for issuance. The employable shall sign in 1) = the presence of an authorized official and then the _ > .s) official will validate the card by signing. The local oe sx Social Services agency shall transmit, to Em- .. § ployment Service, in a letter signed by the Com- _- . missioner or his designee, a list of those persons » . and their signatures who are authorized to validate _ ». Signature ID Cards. This list should be sup- / » » plemented with additions and deletions as they oc- é cur. if way ... @ An “Authorization of Grant” (DSS-638) to issue a special cast grant covering the interim period from July 1, 1971 through the date on which the gran- e ' tee first reports to the State Employment Service shall "be prepared. Reporting dates are determined as ex- "plained ‘above, A notice shall be sent to the grantee ~ with this spe@ial check informing him that this check % is to cover the period from the first of July 1971 _ through his first reporting date, and information that ‘all future checks in the regular amount’ will be distributed by the New York State Employment Ser- 4 vice at the time of his semi-monthly employment ser- 70 Exhibit C Attached to Answer. , NOTE: cnepky (i) The program designation on the DSS-638 shall - have an “E™ suffix to identify the case as containing _an employable. (ADC-E, HR-E). _.(2)) Accounting will continue to issue semi- - monthly checks.on the first and. sixteenth of the month. The period of the check will be coordinated with referral cycle. (b) Employables other. than. grantee presently on assistance... (1) Prepare Form DSS-1653—‘“Referral to New York State Employment Service” in duplicate. The original is hand carried. by the employable to the New York State Employment Service. The duplicate is to be kept on file by the agency for matching with Form ES-28 which will be originated by the State Em- ployment Service for all persons receiving em- ployment services. Instructions for preparation of Form DSS-1653 are contained on the reverse of the form, (2) Assign a reporting date as outlined in paragraph II. C. 1. (a) (2) above. (3) Issue this employable a “Signature ID Card” —(DSS-1767, Exhibit 4) as outlined in paragraph Il. C: 1. (a) (3) above. At the time of issuance of the Signature ID Card the employable _other than grantee shall be informed that he will not _ pick up acheck at State Employment Service, but must report semi-monthly on the assigned reporting dates as a condition for his continuing eligibitify.for public assistance. nN Exhibit C Attached ‘to Answer. “2 Applicants for Public ‘Assistance. _ @) Applicant (Head of Family) Who is Deemed Em- |G). Prepare two copies of “Referral to New York gt State Employment Service” (DSS-1653, see Exhibit 2 |} attached). The original copy is hand carried by the ap- __. Pplicant to the New York State Employment Service as aie 8 prerequisite for eligibility for public assistance. eet!) MOTB ae Emergency grants may be issued. in verified emergencies where applicant gives evidence of Bey ~ cooperating. rm pede ' om (2). Applicant hand carries the “Services to Social Services Client” form (ES-28 see Exhibit 5 attached) sag Originated by the New York State Employment Ser- "vice to the Social Services Department. (3) Application process is continued and an in- terim grant (DSS-638) is prepared to carry the case ‘through the first regular reporting Wate for State Em- ployment Service service contact. « ,@)_ Issue a “Signature ID Card” (DSS-1767 see _ Exhibit 4 attached) as outlined in paragraph II. C. 1. (a) (2) above. _, (5) Assign him a regular reporting date for report- _ing to NewsYork State Employment Service in ac- cordance with Exhibit 3 attached. i (b) Other Employable Persons included in the Ap- plication for Public Assistance. — 72 Exhibit C Attached to Answer. ‘ (1) If other presumptive employables other than the grantee are not present at the time of application, it is the responsibility of the applicant to see that they report to the Social Services office for evaluation of employability. Prepare a’ DSS-1653 in duplicate, for éach employable and instruct him to report to New York State Employment Service immediately with the original copy of the form. ~"Q) The employable hand carries the “Referral to New York State Employment Service” (DSS-1653) to the Employment office. Following his Employment Service contact, he hand carries the “Services to Social Services Client” Form (ES-28, see Exhibit 5 attached) originated by New York State Employment Service to the Social Services Department as evidence of having reported as required. (3) Until the ES-28 is.ceceived by the Department of Social Services, the needs of the employable shall not be included in the grant of public assistance. (4). When the ES-28 is received by the Department of Social ~Services, the employable is assigned a regular reporting date for reporting to New York State Employment Service as Outlined in paragraph Il. C. 1. (a) (2) above. (5) Issue a “Signature ID Card” (DSS-1767, See Exhibit 4 attached) as Gatlined in paragraph II. C. 1. (a) (2) above. D._ Preparation, of Payment Rolls for Cases which con- tain Employables. (See Exhibit 6). " 1. Ali HR, ADC and ADC-U cases with unesiployed em- ployables shall, as of July 1, 1971, be issued assistance on 4 73 Exhibit C Attached to Answer. i-monthly basis. These cases with “E” designations shall isted on separate rolls. place of the usual semi-monthly rolls, for payments to , ADC, and ADC-U cases with unemployed employables, dual daily rolls in case number order shall be prepared 'dance with their reporting dates at the local Em- ment Office. The assistance checks shall be attached to Fespective daily rolls.’If there is more than one: Em- rent Office servicing a Social Services district, separate ‘shall be prepared for each State Employment Service » The daily rolls shall be summarized by semi-monthly eriods and then: éarried forward to the regular monthly ] haries to prepare monthly claims. Separate refund and ancenation rolls shall be prepared for cases with “E” ‘Mesignations. re a district normally lists all of its categorical cases one roll, this procedure may be followed in preparing the 'y rolls for cases with unemployed employables. ’ The daily reporting sequence is determined as outlined in hibit 3. This determination shall be made at the time the ization is prepared. The location of the State Em- yment Service Office and the date and time of reporting il be listed thereon. | DC-E, ADC-U-E and HR-E payments. Three copies of i must accompany the checks transmitted for the first teenth day of the month. Rolls and checks must be 72 Exhibit C Attached to Answer. (1) If other presumptive employables other than the grantee are not present at the time of application, it is the responsibility of the applicant to see that they report to the Social Services office for evaluation of employability. Prepare a DSS-1653 in duplicate, for ‘each employable ‘and-instruct him to report to New York State Employment Service immediately with the original copy of the form. (2) The employable hand carries the “Referral to New York State Employment Service” (DSS-1653) to the Employment office. Following his Employment Service contact, he hand carries the “Services to Social Services Client” Form (ES-28, see Exhibit 5 attached) originated by New York State Employment Service to the Social Services Department as evidence of having reported as required. (3) Until the ES-28 is received by the Department of Social Services, the needs of the employable shall not be included in the grant of public assistance. (4). .When. the ES-28 is received by the Department of Social Services, the employable is assigned a regular reporting date for reporting to New York State Employment Service as outlined in paragraph Il. C. 1. (a) (2) above. (5) Issue a “Signature ID Card” (DSS-1767, See Exhibit 4 attached) as outlined in paragraph Il. C. I. (a) (2) above. | D. Preparation of Payment Rolls for Cases which con- tain Employables. (See Exhibit 6). - 1. AN HR, ADC and ADC-U cases with unemployed em- ployables shall, as of July 1, 1971, be issued assistance On & 73 Exhibit C Attached to Answer. mi-monthly basis: These cases with “E” designations shall be listed on separate rolls. : In place of the usual semi-monthly rolls, for payments to HR, ADC, and ADC-U cases with unemployed employables, ndividual daily rolls in case number order shall be prepared ¥ accordance with their reporting dates at the local Em- yment Office. The assistance checks shall be attached to Fespective daily rolls. If there is more than one: Em- nent Office servicing a Social Services district, separate shall be prepared for each State Employment Service he daily rolls shall be summarized by semi-monthly ods and then carried forward to the regular monthly amaries to prepare monthly claims. Separate refund and von rolls shall be prepared for cases with “E” ere a district normally lists all of its categorical cases one roll, this procedure may be followed in preparing the Payment rolls and checks shall be Prepared and trans- ited On a semi-monthly basis. A footnote entry shall be lade on the ADC Schedule A and on Schedule C listing the ‘tal payments and total refunds and cancellations relating WADC-E, ADC-U-E and HR-E payments. Three copies of Me roll must accompany the checks transmitted for the first id sixteenth day of the month. Rolls and checks must be oo Exhibit C Attached to Answer. transmitted to New: York.State Employment Service not less than two working days piror to, the earhiest.check..delivery Be One copy of the rollwill. be signed by the cashier in the New. York State Employment Service and immediately transmitted ‘back to, Social Services as acknowledgement of _ 4.” When a client reports to ‘New York State Employment Service for his service contact his check will be reieased to him’ and he will be required to sign the roll in duplicate as acknowledgment of receipt of his check. One copy of the roll with client’s signature will be transmitted back to the Social Services district along with any undistributed checks _not more. than forty-eight hours after the scheduled report- ing date. The remaining copy of the roll will become the New York State Employment Service's control. Rolls should be double spaced to insure sufficient space for a signature. E. “Services to Social Services Clients” Form (ES-28) and returned Checks Not Released. _. 4, Reports from New York State Employment: Ser- vice—The “Services to Social Services Clients” Form (ES-28) will be originated by Employment Services for-each contact with.a Social Service client (see Exhibit 5). 2. When New York State Employment Service indicates Gg) Refused services except check delivery; “"*(b) Failed to report to employer for in- '““(@) Failed to report for work; Ay, (d) Rejected by employer; -_'(e) Refused job; 75 - Exhibit-C: Attached to’ Answer. au ‘(f) Refused referral; a (g) Refused ‘training; ee vat Failed to report for. training; és When “Services to Social Services Clients” Form (ES- 28) are received in Social Service Department, they must feceive a priority review so that appropriate action (as Specified in E) can be taken immediately. In separated agen- cies, this will be the fynction of the Income Maintenance Sectio on. In agencies not yet separated, caseworkers must 4 _ Checks returned from the, New York State Em- ployment Service shall be transmitted to the Accounting Sec- ion for safekeeping until appropriate action is taken to ease Or cancel them. Required action to reduce the grant Of close the cases of individuals who fail to cooperate with the fequirements of the law regarding employment and em- eh emnrine shall be taken immediately in separated encies by the Income, Maintenance Section and in non- s »agencies by, the designated casework staff in ac- Milietcte ke inebecteactcontcner 5. In the case of non-grantee unemployed employables, Social Services districts shall file copies of Forms DSS-1653 by reporti date. As Forms ES-28 are received for non- r. itee employable their ‘copy of Form DSS-1653 ‘shall be novec ‘up ‘to their next State Eniployiment Service reporting ite. In Tn communities where there is a known problem with ‘delivery of mail, the agency may wait’ a period Of up to ys before applying the sanctions referred to paragraph tt . to the ‘Forms DSS-1653 femaitiing im their original 76 Exhibit C Attached to Answer. reporting dates indicating they did not — to State Em- ployment Service. - Extreme care must be taken that the “inventory” of Forms DSS-1653 contain at all times only the active non-grantee unemployed employables. Copies of Form DSS-1653 for such applicants shall be added and, in cases where for various reasons (employment, injury, etc.), a non-grantee is no bilerta an Legon the individual Forms DSS-1653 fog be removed. The. docat Social esviee agency, ie. required, to, take. im- mediate action to either remove the individual unemployed employable recipient from the total budget, or close the case or in the instance of an applicant ty deny assistance when a report from the New York State Employment Service in- dicates that the individual concerned has failed to comply as défined in’ 1. 'B. 8. of this letter. ie ‘Applicants. Applicants who refuse to register at the New York State Employment Office; who refuse a job offer, or who refuse a referral to a job must be advised immediately, by the Social Services Department, that they are not eligible for public, assistance, . 2 ‘Recipients. Employable recipients who. refuse to register; refuse to .., Feport regularly as required; refuse a job referral; or ai refuse to accept a job offer must be advised immediately __ that they are not eligible for, public assistance and that _ they will be removed from the budget, or, in‘the case of a single individuals, their case will be closed. The present pe 7 7 eek Sse . oi Exhibit C Attached to Answer. =. Tequirements relating to fair hearings and pre- termination interviews must be observed. (See Bulletins 9b and 28). See Exhibit 9. = 3A change in authorization to effect the action _ fequired in LB. 8. (c), must be processed immediately. G. _ Reporting Requirements. RT _ Detailed monitoring must be established in order to provide the necessary reports on the effectiveness of the ‘Provisions of the law. Each Social Service agency is ‘therefore required to provide the following: 1. A record of the total number of unemployed em- ' - ployable applicants referred for initial registration. 2 A contro! of the number of unemployed em- - ployable grantees who are required to receive their : assistance checks at the New York State Employment ma ae Ra? air mea 7H Service. we RS eA record of the number of grantees who fail to > report to the New York State Employment Service. __ 5. A record of the number of employables other than grantees who fail to report to New York State Em- ployment Service. Please see paragraph Il. E. 5, 6. A report on the effect of employment registration and services. This information can be obtained by 8B Exhibit C Attached to Answer. > amalyzing “Services to Social Services’ Clients”, Form » BS=28 to determine the fotlowing wspecegranien -— _ Number of persons referred 10 job. @) The auanier of unemployed employable persons (ey The number of “unemployed employable persons who refuse to: ples (1) Feport to State Employment Service; | "(2)" accept a feferral; “"@) report for employment or training; (4) or continue employment. 7. Social Service agencies shall also report the ac- tions taken on the number of employable persons who fail to cooperate as specified in 6(e) as follows: (a) ‘Number of cases closed. _(b) Number of eniployable grantees removed from the ~ grant. _(c) Number of employable persons gol grantees) removed from the grant. (d) Number of persons not reporting for eee cause. (e) Songer in Cenenpeneny’ status. (1) Disruption of day care plan; (2) fully employed; ‘Q) significant illness; (4) ‘other (specify). iy Temeorary iliness. eae “(g) Other (specify). 79 Exhibit C Attached to Answer. »-., 8 In accordance with item 1. B. 5. (f), each unem- «. ployed employable mother shall provide the agency with te 1 ICRED, of her efforts to obtain suitable care for _. her children as frequently as circumstances indicate. i.e, avery rural area where resources are very limited versus an urban area where further efforts might be productive. : . The Day Care Certification, Form DSS-1775 is Exhibit Aa . P In separated agencies, it will be the responsibility of the Validation Section of the agency to verify the in- _ formation provided by the recipient on Form DSS-1775 ___ at the time of the prescribed field investigation. In agen- _ cies that have not yet sepatated, this must be the func- tion of the caseworker with responsibility for the case. __ agencies, Form DSS-2192 shall be maintained on a daily .. basis by Income Maintenance staff. In non-separated agencies, the DSS-2192 may be maintained by individual Be caseworkers, who at the end of each month, will trans- ____mit their DSS-2192’s to either the Employment Unit, the © Resource Unit, the Category Unit or Income "Maintenance staft who, based upon the sive ns the ag agency and the specific plan approved by the Area Of- fice, will prepare Form DSS-2198 using Forms DSS-2192 and ES-28’s. The Employment Register will be updated from the information on the DSS-2192 All DSS-2192 orms will be filed in the agency for audit trail pur- Poses. (See Exhibits 10 and 11). 80 Exhibit D Attached to Answer. “The original ‘Form: ‘DSS-2198 must be sent to the Director, Bureau of ‘Local Management Services, 1450 Western Avenue, Albany, New York 12203. A copy of _ D§S-2198 shall be sent to the Area Director and a copy ned _by each local Social Service agency. . ‘ask ttalkiat: puppy of forms, will be transmitted to cach district as soon as they are printed, subsequently they will be basis in the tenes manner. i “ Bxhibit D. STATE OF NEW YORK ‘Department of Social Services 1450 Western Avenue Albany, New York 12203 George K. Wyman Commissioner Transmittal No.: 71 PWD-52 Date: June 28, 1971 ADMINISTRATIVE LETTER To: Commissioners of Social Services. Subject: Clarification of. Questions Raised by Local Districts Regarding Administrative Letter 71 PWD-43. Distribution: B-2 General Administrative Staff. In. the course. of meeting with local Commissioners and their staffs around the State last week, certain questions were raised regarding Administrative Letter 71 PWD-43, which we agreed to explore further in Central Office and release the Exhibit D Attached to Answer. Fay answers to all districts in order that there might be a uniform __ interpretation of these requirements. . ©) We trust the answers in this letter will assist you in the im- - plementation of the requirements of 71 PWD-43. Should any fui questions develop, you should contact your Area Of- e Director immediately. GEORGE K. WYMAN, Commissioner. ‘Services Law, Section 131.4 or Social Services Law, Section 164 and is removed from the family budget? - Answer—Since the grantee is ‘ineligible for assistance for 30 days a new grantee will have to be designated. When the head of the household is a male, another adult “in the family will be designated as the grantee. © When the head of the household is a mother, another in children’s care will be made as 4 protective payment. ige2. If a'recipient has income from other sources, such as U.1.B., Social Security, etc., is it necessary for an agency to _Ssue a supplementary grant for the initial period prior to leit first registration with the New York State Employment te? a + Answer—Since all available income has been. applied gain # the budget needs to arrive at a budget deficit, which stl amount the recipient will receive, the agency may issue #¢ prorated amount to which the recipient is entitled, except “Mat checks for less than $1 should not be issued. 82 Exhibit D Attached to Answer. 3. ‘Question—How do you handle payment of rent where the client has ordinarily been receiving a full month’s rent in en ee ee rent? . ) Answer—As an interim measure, for the month of July only, if the recipient's reporting date is prior to the fifth of the month, the rent may be included in the check dated July 1, 1971 which he will pick up.at the SES office. If his repor- ting date is the fifth of the month or later, the rent may be included in the special prorated grant which all recipients _who aré required to report to SES will receive. Thereafter, s semi-monthly check will be issued. Local agencies should advise the landlords that each semi-monthly check will in- clude one-half of the month’s rent. 4. Question—tin the case of a new applicant when should the first check be sent to the SES office? Answer—The needs of the applicant will be met by a special check, to be given to him, until his second reporting date. Such. check may include the rent from the first of the month or the preceding month as outlined i in the regulations (352.7 (g) (5)) and Bulletin 134. This does not preclude the fact that the applicant must report to SES on his first repor- ting date even though he will not pick up a check at. that time. an} 5. Question—What do we do in the case of a pregnant woman who is in receipt of Unemployment Insurance Benefits and is considered by U.1. B. until her eighth month -of pregnancy? Answer—The woman is considered unemployable from her fourth month of pregnancy by the Department of Social Services. and will be removed from the unemployed em- 83 Exhibit D Attached to Answer. * «ployable status. However, in order to remain eligible for U. _1,B. benefits, she must continue to report to the U. I. B. _ office until ber eighth month of pregnancy or until she is classified as unemployable by them. Saye’, ia. oes Pig ig? ges mg Question—How will’ WIN «recipients receive ’ their : r Public Housing that “Must be paid within a specified period and if not a penalty will. be assessed? | | ; ot _ Answer—We do not have an answer at this time. The ion will be discussed with the Housing Authority and if We ate given an easement, you will be advised at once. * ~ Question—How are full-time college students handled when they apply for assistance during the summer months? inswer—If they report to SES, they are eligible, however, hey create an impediment to their employability with SES a prospective employer they are ineligible. Question—When a client who is an unemployed em- Ployable moves to another social services district, who con- ‘Wols the reporting and check issuance to the new SES office? nswer—The social services district which originally had ‘the case must, contact their district Superintendent to ascer- “tain which SES office the recipient must report to and the “Mame of the district manager. They must then contact the “Manager at the new SES office immediately by telephone ad- Msing them that the client will report to them, and will pick “MP the check until the end of the month succeeding the 84 Exhibit D Attached to Answer. month that the client moved, (Regulation 311.3) obtain the new. reporting dates and request that all ES-28’s or un- delivered checks be returned to them. The original social service district. must also notify the new ‘social services district that the client is now in their area and explain the arrangement made with the new SES office, Lastly, they must notify the client of the arrangements and advise him of his responsibility to report to the new SES office and social ser- vices dist that the client is now in their area and explain the arrangement made with the new SES office and social ser- vices district office. . . 10. Question—Are uhen Refugees inital in the em- ployment program? tte ' Answer—Cuban Refugees are not’ included in the em- ployment program, however, they must be extended all man- )power services for employment. but their checks. will be mailed. to.them rather. than. picking them up at SES. 11. ,.Question—Isn't there a danger that the confidential information concerning names. of people and amounts of assistance, which will’be on the direct payment rolls at SES, will be misused and we will be challenged by HEW on the ‘etue’ Of confidentiality? _ Answet—The Department has shared this problem with SES. Employment Service offices will cover the rolls with a template to allow only the individual persons name, address arid amount of ‘the check to be visible. We have been assured, by GES, 'ehat'the contidentianty wit! be maintained. 12. Question-—With, the Fequirement of ,baving unem- ployed employables picking up their checks at local SES of- _ fices on various days of the month a question has been raised as to whether a similar change should be made in the aie of ATP’s for the Food Stamp Program? 85 ‘Exhibit D Attached to Answer. _Answer—No change will be made in the issuance of semi- onthly ATP's in the case of unemployed employables. "Their 8 shall continue to be issued and mailed with all other ‘semi-monthly ATP’s on the first and sixteenth of the ‘month. ATP’s shall contain no restriction as to cashing in a “Wgiven ‘month and-shall be valid for an entire month. Local - shall make such ‘arrangements with their par- banks. ‘shall be the responsibility of the client to: manage his “thoney affairs in such a manner as to be able to cash the two YATP’s he receives in a month from the funds available from An order to accommodate these procedures, some existing ntracts between the banks and local districts will have to ? modified to provide for the cashing of ATP’s during y business day in the month. Furthermore; the banks will longer be in the position to meet the tenth of the ving month deadline for filing the required reports g to the Food Stamp Program, We will have to obtain eration of the USDA to move back the reporting dates il at least the twentieth of the month following the month “activity, | _ 13. , Question—When an individual case is closed or an Mdividual is remoyed from the family budget for non- Pompliance, what is the effective date of the action? W Aniswer—The effective date is’ the date the action is taken ich is seven days from the date of non-compliance. "over ; period into the next month has no significance. What “8 importar for statistical purposes is the date of the action. ima" . 86 Exhibit D Attached to Answer. ho TANS re e has been closed for non-compliance, appears. af- the person must complete a new application and follow the normal routine for applicants. Pasty) - [fan individual was formerly in receipt of assistance ina family group, he must sign a certification (see exhibit at- tached) stating he is willing to comply with the law. He must also produce ‘an ES-28 before he is included inthe family 15 Question—Do all cases that have unemployed em- ployables have an “E” ‘suffix to the category? _ Answer—Yes, except when the only unemployed em- ‘ployable in a family case is not the grantee, the “E” classification shall not be used on the authorization or in the ‘payment process. The a stance grants will be handled as “regular ADC or HR which will have the effect of having all “SE cases as those where check delivery is the responsibility of the State Employment Service. | | Of course, mandated reporting requirements must be me ‘by the non-grantee unemployed employable in such cist Eligibility/Income Maintenance s ff (or in agencies not yet - separated, casework staff) will ae. i ge ). Expenditures may be made by a social: services irict on behalf of a parent or other eligible relative par- Mating in a public work project, only so long as federal for aid to dependent children shall be extended to such G4 Exhibit E. Attached to Answer. (b) Such. expenditures. shall .be. eligible for state. reim- bursement in. accordance with the provisions of section one hundred fifty-three of this chapter... .. i a , 4.3... Section eight hundred twenty-one of the labor law, as amended by chapter, one hundred twenty-eight of the laws of nineteen hundred sixty-nine, is hereby amended to read as follows: . ae nie eer ete $821, State training. courses. The commissioner may provide for vocational and related, institutional and on-the- job training courses as described in section five hundred ninety-nine of this chapter and for the administration of public work projects for recipients of public assistance, and may contract for {this purpose] these purposes with public and private agencies including public and private institutions of Jearning, employers or other appropriate organ izations. He: shall,select for and refer to such training courses unem- ployed and under-employed persons who would meet the £24k : conditions for approval as specified in [such] section five hundred ninety-nine of this chapter. He shall select and refer to public work projects all public assistance recipients registered at employment offices of the department who are neither referred thereby for employment in the regular economy or for occupational training, nor°assigned to public works’ projects: by public welfare officials: made toa parent ot other eligible*relative on account of his par- ticipation’ inoa public work: project. * 6” a) Expendimres ‘may be made by a social services district‘on behalf of a parent or other eligible relative par ticipating ‘in a public'work project, only so'long as federal aid: for aid to dependent children shall be extended to such Bs) ‘Exhibit E Attached to Answer. _ (b) Such expenditures; shall-be eligible for state reim- li cishdenninndaneenitihithepurebtonseturedics one hundred fifty-three of this chapter. #3. Section eight hundred twenty-one of the labor law, ‘ss amended by chapter one ‘hundred twenty-eight of the laws een hundred sixty-nine, “i pict seeanmger ean $821. State training courses. The commissioner may provide for vocational and related, institutional and on-the- job training courses as described in section five hundred Minety-nine of ‘this chapter and for the administration of publi work projects for recipients of public assistance, and may contract for [this purpose] these purposes with public Private agencies including public and private institutions rning, employers or other appropriate organizations. ¢ shall select for and refer to such training courses unem- d and ‘under-employed persons who would meet the nd itions for approval as specified in [such] section five dred ninety-nine of this chapter. He shall select and refer © public work projects -all public. assistance recipients enn i at employment offices of the department who are " referred thereby for employment in the regular institutions, on playgrounds, etc. ee ee, To maintain and to improve existing skills, Examples of such projects would be: (a) improvement of recreation areas and facilities, auto » mechanics, building maintenance, etc. ‘(b) provision of service ifthe recreation field, food ser- _ vice field, ete. (¢) office and clerical work, including typing, stenog- - taphy, bookkeeping, etc. 3. To develop new skills. Examples of such are: _ skilled office and clerical positions, skilled appliance and equipment repair, skilled food service trades. 4 Projects of special interest to the local government. Such projects could be an amalgam of the Sbove three 53 but would be primarily focused on sich speci ine . we Exhibit F Attached to Answer. “ger as: improving | the environment, cultural activities beautification of roadsides, parks, etc. Other kinds of a activities of a specialized interest area might be in the Food on the Table Program. Although such projects specified under. No. 3 would be Generally to provide higher skilled type training, it would ‘fot be considered replacement of regular employees, since individuals participating in’ such projects would be working a ng with the regular employee, ‘gaining the necessary ex- “perience and training in the specific area. ee D. ‘GENERAL REQUIREMENTS FOR OPERATION OF rine Work Projects shall meet the following minimal fequirements: a ‘Reasonable assurance and be performed in such a man- ner to insure that the work is useful; _ Persons assigned to such projects will not be used to _ feplace, to perform any work Ordinarily and actually Ze. performed by regular employees of any department or __ other unit of government, or to replace or to perform a Ly work which would ordinarily be performed by craft ~8E! trade in Private employment. (In the event of an ex- 4 ao emergency, such as a flood, fire, etc., such a ; riction could be waived so long as the work to be _ performed was work aged undertaken by the _— tor of the project. = Appropriate standards of health, safety and other con- tions are established and maintained. Participants uid be given adequate protection against hazards or rities which would adversely affect their health; 100 4. Sanitary facilities should be supplied or available, and a basic ‘standard: of ‘cleanliness be maintained; say iht ant “shall be required to perform only those | activities which are within their established x aes _., man's, Compensation Law, of, the State of New York. 8. Adequate time récords shall be kept by the sponsor; 9: There shall be no discrimination on the grounds of race, color or national origin; ; 10. ‘A recipient shall be required to work the number of days as determined by the amount of the grant, provided he shall not be required to work for more than the num- ber of days nece sary to earn such an amount or to be paid more than such an amount, or to work more than 8 hours in a day, or more than 40 hours in one week, or the customary full work week of the employer, if less. Payment credits for work shall be made at the State _ minimum wage or at the wage paid to local government employees in the. classified ‘services for comparable 11. Where practical, the participant's work should be % ___ scheduled so as to make time available for him to report to the State Employment Service and to look for em , BS 3 53 ‘ployment, as well as necessary time to meet with “such scheduling is not practical, a system of release tim to accomplish these pruposes shall be provided. rs 101 Exhibit -F Attached to Answer. °42. Whenever a recipient fails, without good cause, to com- at ply with the requirement ‘to’ accept referral to and par- bial Nt © ticipate in-a Public Work Project he shall be ineligible 2 . for Home Relief. a biccuue of, Social - Services will have the win; responsibilities: Develop.a sufficient number and variety of Public Work Projects within their district to insure the availability of such a project for:all of their unemployed employable Home Relief recipients who have been unable to secure employment in the regular economy. 2 Assign to Public Work Projects those recipients for _ whom S. E. S. have been unable to place in the regular _ economy after 30 days from the date the recipient first Geos assistance. (Alternate) If the S.E.S. opts to contract to Operate the iblic Work Projects in the district, the S$. E. S. would etn the individual to the appropriate project and so notify the social services district. ‘Monitor the participation of the individuals and take ppropriate action when an individual fails to report to Public Work Project, or fails to continue to par- pate in such projects. vide a ‘pre-placement physical whenever there i ‘is any son to suspect a health problem or whenever an in- idual requests such an examination. ve transportation or meet the cost of. trans- ‘Pertation to a central point and provide necessary “Btants and allowance for lunches. 10. F;. ‘{a) the nature of work to be performed, of ers.or other caretakers who are participating in : “the program. The cost-of,such child care shall be met as Mt Apyechaec of Service” . . Move as rapidly as possible to. place. all of their unem- “ployed employables, who are unable to secure em- 85 vs in the regular economy or who are not in an ip training program after being on assistance for 30 days, into Public Work Projects, as follows: (a) By October 1, 1971, a-minimum of 30% (b) By November 1, 1971, a minimum of 50% _(c) By December 1, 1971,-a minimum of 70%. Inform the appropriate S. E. S. office of the location and .work.component of each Public Work Project ilable in the social services district. Designate at least one staff person to act as coor- dinator/liaison for the program. Such person would be . -fesponsible.for recruitment of sponsors and in general ; forthe program in the district. For those districts having WIN unit. jects shall adhere to general a WIN Program, this function might be handled by the Submit to the local social services district (or to the In dustrial Commissioner where contractual arrangemen! has been made) a description of the Public Work Project which they ate prepared to operate, includjng: a 103 Exhibit F Attached to Answer. eg (by guarantees: ‘that thie. ‘general requirements are met, 6) agreement | to provide necessary supervision and any ae additional equipment required by the project. eo ‘ Maintain time records as noted previously which will & include: -» (a) the name of the spotting: agency, x (b) participant’s name, social security number, and - social services case number, : ia ‘oO ‘the type of work performed, : _.@) the period covered by the time report, , -) the exact time the participant was on the job, and Pais prevailing rate per hour for the job. Transmit such time records to the social services district a regular basis. (Where a contractual arrangement exists with the Industrial Commissioner, such time Tecords shall be transmitted to the Industrial Com- Smee notification to the appropriate agency of a par- pant’s absence, saiapatiuaen aneh abeenan.ie on a pre- planned basis. = Provide transportation for ‘ecaphenty from a’ central bint to the individual Public Work Project site. ervisors of such projects shall be required to report vag or injury to the appropriate administrative & 1 V8 participant is is linaest from the satiiadi wecmitie of ss’ Or injury, the sponsor shall require medical ion of the participant's ability to work, in ac- > 104 cordance with, the same,rules-as-apply to regular em- » arieation 16 to Be tad by the Social servi se diatri under the MA ‘Program. ps ROLE YS % Pr wide the peopetite | sininistrative & wads either the social services district or the Industrial Com- missioner, with periodic reports as to the individual’s at- tendance, participation, attitudes, etc., as may be 9. Provide the tools and equipment needed by the par- 10. Provide: participants with necessary items of special clothing required ‘by, the nature of the. project; ie, “hard” hats, safety shoes, foul weather gear, etc. The. Law regarding Public Work Projects becomes ef- fective July 1, 1971. Revised regulations and page replacements for Bulletin. 26 will be issued shortly. li. Procedure - ‘ocal Social Services districts were advised in 71 PWD- 34 and 71 PWD-43 to screen their current caseload to identify. employables prior to, July 1, 1971. If Home Relief Employables cannot be, identified from this ~ roster, it will be necessary to set up a separate Home 105 Exhibit F Attached to Answer. . The ‘Use of Social Security Numbers pelt a is. essential. that Social Security numbers be obtained quickly since unemployed employables must have a - Social Security number in order to become employed. Should the employable not have a Social Security num- ber, the procedure outlined in 71 PWD-43 for eet * “(page 10, Item 2),’ shall be utilized. 5): Sa Referral to State Employment Service ed Unemployed employable Home Relief recipients shall be referred to the New York State Employment Service ~ for regular reporting for services and check delivery in @ *sccordance with the procedure outlined in 71 PWD-43. Dd. Assignment to Public Work Projects When an employable Home Relief recipient has been in _Feceipt of assistance for thirty days and such recipient _has not been placed in employment by the State Em- loyment Service, he shall be assigned to a Work Relief Project by the local Social Services district. Iternate _Procedure—When..a local. Social Services district has contracted. with the State Industrial Com- -Missioner to operate. Public Work Projects, the unem- _ ployed employable Home Relief recipient will be placed _in a Public Work Project, directly. State Employment ‘Service will use Form ES-28, “Services to Social Services Applicants,” to notify Social Services districts of such acement. ™ | plication of Sanctions - al Social Services districts are required to take im- iate action to either remove the unemployed em- oyable Home Relief recipient from the total budget or ‘Regulation’ 385.14 fot @eterinination ‘of good ‘cause. The State Department of Social Services will supply Form ‘DSS-1784 (See Exhibit 1, attached), “Notice of Failure to Report or Continue to Participate in Public Work» Projécts” Local districts shall make @ supply guaitable-toveach Public Work Project. supervisor in theiridistrict for ase in:notifying the district of an unem- pl [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386414_0187%3A01. Public record. Not legal advice.