HomeMy WebLinkAboutORDINANCES-1980-030-O-80F'�TANSTON TOi,?[`SHIP
OP.DINANCE '?0-0-SO
ti%'HEREAS, Illinois Revised Statute Chapter 23 Section
11-8 provided that appeals from the grant modification or
denial of applications for General Assistance or Aid to the
Medically Indigent were to be heard by the Public Aid Committee
which Committee was composed of five (5) Township Supervisors,
and,
WHEREAS in the case of Myers v. Niles Township,
et al., 78 C 4744 presently pending in the United States District
Court for the Northern District of Illinois, this Public Aid
Conunittee was held to be unconstitutional, and,
WHEREAS, this decision meant that no appeal procedure
existed to hear appeals in General Assistance or Aid cases, -nd,
l�hereas, a subsequent case was filed, Cichanski v.
Dunne, case no. 79C 2900" also .pending in the United Stales J�strict
Court or the Northern District of Illlinois seeking to compel the
President of the Cook County Board to name a Hearing Officer to
hear and decide appeals in Aid to the Medically Indigent and
General Assistance cases, and,
WHEREAS the Illinois Legislature subsequently enacted
Public Law.80-1085 providing that effective as of October 30, 1979
the Illinois Department of Public Aid would administer the Aid to
Medically Indigent program, and,
WHEREAS, even after the aforesaid legislative action
there is uncertainty as to appeal procedures in the following
classes of cases:
1. Appeals in Aid to Medically Indigent cases based
on applications filed prior to October 30, 1979;
2. Appeals in G,2neral. Assistance cases regardless of
when filed, and such uncertainty includes the issue of who is to
pay the cost of such appeals, and,
WHEhL:AS, it is in the best ini crests of the admini-
stration of the Aid pro�,ra:ns to clarify and in�ike cc-i-t iin the
appeal procedures, to d,:cide who is to beir the costs there-
of, and to avoid the costs and expenses of Further litigation.
NOW THE'REFOi:E IT IS 'HLREBY ORDAINED by the Board
of Trustees of 1.�-Znstc:i Township, Cook County, Illinois as
follows:
1. That the Township shall voluntarily enter its
appearance as a party defendant for purposes of relief only
' in Cichanski v. Dunne, 79 C 2906 now pending in the United States
District Court for the Northern District of Illinois;
2. That the Consent Order attached hereto as
Exhibit A is approved and the Supervisor and Town Clerk are
directed to execute and approv., such Order on behalf of
Ev-,mstoii Township.
3. That Evanston Township agrees to pay 1/30
of the cost of all appeal hearings in General Assistance appeals
• filed subsequent to January 1, 1980 and to budget sufficient
amount to defray such prorata share.
Adopted this ),,l day of a,,"
P _L r,c� 1980.
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Supervisor
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Town Clerk
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