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Home My WebLink AboutORDINANCES-1980-099-O-80IN EVANSTON TOWNSHIP u ORDINANCE 99-0-80 WHEREAS, 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 Meyers v. Niles Township, et al., 78 C 4744, this Public Aid Committee was held to be unconstitutional, and, WHEREAS, this decision meant that no appeal procedure existed to hear appeals in Aid cases, and, WHEREAS, a subsequent case was filed, Cichanski v. Dunne, Case No. 79 C 2906 recently pending in the Federal Court, 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, 1411EREAS the Illinois Legislature subsequently enacted Public Law 81-1085 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 General Assistance cases regardless cf when filed, and such uncertainty includes the issue of who is to pay the cost of such appeals, and, WHEREAS, it is in the best interests of the admini- stration of the Aid programs to clarify and make certain the appeal procedures, to decide who is to bear the costs there- of., and to avoid the costs and expenses of further litigation. NUti'l THEREFORE IT IS HEREBY ORDAINED by the Board of. Trustees of Evanston 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 Federal 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 approve such Order on behalf of Evanston Township; 3. That Evanston Township agrees to pay its own costs as defined in the Consent Order in any General Assistance • appeal filed subsequent to January 1, 1980 and to budget sufficient amounts to pay such costs; 4. Ordinance 30-0-80 is hereby repealed, as are al.l ordinances or parts of ordinances in conflict herewith. Adopted this _�-2- day of �� 1980. iJ Town of G.ow a body politic and corporate �c ` BY: � Supervisor v ATTEST: Town Clerk - 2 - lei El IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION HELEN CICHANSKI, ) Plaintiff, ) • ) VS. ) N0. 79 C 2906 GEORGE DUNNE, President of ) the Cook County Board of ) Commissioners, ) Defendant. ) CONSENT ORDER This cause coming on pursuant to agreement between all parties, and the Townships of Suburban Cook County having voluntarily entered their appearances for purposes of relief only, and this court being fully advised, IT IS HEREBY ORDERED: 1. That all pending and future appeals from the grant, denial, failure to act, or modification of awards of • General Assistance pursuant to Article VI of Chapter 23, Illinois Revised Statutes, by Suburban Cook County Townships shall hereafter be presented to, and heard and decided by a Hearing Officer to be appointed by the President of the Cook County Board of Commissioners. 2. That all appeals based on applications filed prior to October 30, 1979 from the grant, denial, failure to'. act, or modification of awards of Aid'.to the Medically Indigent pursuant to Article VII of Chapter 23, Illinois Revised Statutes, by the Suburban Coo}.: County Townships shall likewise be pre- sented for decision to the aforesaid Bearing Officer'. Appeals based on applications filed subsequent to October 30, 1979 shall be presented to the Illinois Department of Public Aid for hearing and decision. • 3. Within thirty (30) days of this order, the President of the Cook County Board shall appoint a Hearing Officer to hear appeals from the grant, denial, failure to act, or modification of awards of General Assistance by Suburban Cook County Townships pending and filed prior to January 1, 1980'; and to hear appeals from the grant, denial, failure to act, or modification of awards of Aid to the Medically Indigent by Suburban Cook County Townships based on applications filed prior to October 30, 1979. Said Hearing officer shall have experience in either general litigation or in administratvie or regulatory agency proceedings and shall not then hold public office and shall not have represented any rownships for a period of three (3) years prior to such • appointment. 4. For all other appeals described in paragraphs 1 and 2 above, the following procedures shall apply in the initial appointment of the Hearing Officer and in filling any subsequent vacancies in such Hearing Officer position: A. within sixty (60) days from the date of this order, and within sixty (60) days after the Township supervisors are notified by the President of the County Board of any vacanc% in the position of Hearing Officer, the TowmzP1ip shall meet and recommend in writing to the President of the Cook - County Board the names of not less than three (3) persons as Hearing Officer. The President of the County Board shall appoint such Hearing Examiner within fifteen (15) days after • the receipt of such recommendations. B. Each person so recommended shall have the following qualifications: 1. Such person shall be an attorney licensed to practice in Illinois. 2. Such person shall have experience in either -general litigation or in adminstrative or regulatory agency proceedings. 3. Such person shall not then hold public. office and shall not have represented any Township for a period of three (3) years prior to such re- commendation. C. In all instances the President of the Cook • County Board shall select the Hearing Officer from the names submitted to him so long as the person named has the fore- going qualifications. 5. The Hearing Officer shall have all powers as provided by law, including the power to issue subpoenas and render decisions. The Hearing Examiner may only be removed by the President of the County Board and can only be removed for good cause. The appeal and hearing process shall.conform- to the procedural requirements of P 0 235 of the State • • General Assistance Manual, as now in force or as hereafter amended. ' 6. In the event the Illinois Legislature hereafter enacts a procedure for hearing and deciding',appeals from the granting, denial orImodification of General Assistance by Suburban Cook County Townships then upon the effective date f of such legislation the procedures set forth in this Consent Order shall terminate. 7. The costs of'all review hearings shall be paid as follows: A. The Cbunty.of Cook`shall pay the entire cost of all review hearings for all Aid to the Medically Indigent appeals based on applications filed prior to October 30, 1979 and for all General Assistance appeals filed and pending as of December 31, 1979. s B. The County of Cook shall furnish, without charge, a room for holding hearings in all,,,General Assistance appeals. C. All Aid to the Medically Indigent appeals based on applications filed, subsequent to October 30, 1979 shall be presented to and determined•by the Illinois Department of Public Aid. D. Each of the thirty (30) Suburban Township. in Cook County, Illinois shall pay their own costs incurred in any General Assistance appeal filed 'commencing January 1, 1980. 8. Costs as used herein shall include Hearing -4- ' 410 • E :<aminers fee L; or charges and court reporter and steno „-,R,nhj and reporting charges. 9. Neither the -voluntary submission by any party to this court's jurisdiction not the execution and implementa- tion of this Consent Order shall be considered as an admission of any fact or of liability. 10. This Consent Order may be approved in counter - ,parts and when so approved.shall be as fully effective and binding as if all parties executed the -same copy. 11. This Consent Order is approved pursuant to the equitable power of this court which retains jurisdiction to ensure compliance with the terms of this"Consent Order. APPROVED: 1. President of the Cook,County Board of Commissioners 2. Legal Assistance Foundation of • Cook County, individually and as attorneys for plaintiffs 3. Town of �(.�. By Supervisor ENTER: DATED:Sq U" 1980 RICHARD A COWEN SCHUYLER, BALLARD & COWEN I,ttornev for Certain Defendants 100 W. Monroe Street Chicago, Illinois 60603 (312) 726-8565 -5- Judge