§ 7.01.390. Good cause.

A.

General Policy. GA recipients who are discontinued or sanctioned for failure/refusal to comply with the administrative rules, regulations, or directions of the health and human services department are entitled to a "good cause" determination. Recipients of GA are advised of their right to claim good cause at the time of their initial application, at annual redetermination, and on each notice of adverse action for failure to comply. The county must investigate and verify whether good cause exists prior to taking any negative action against an applicant or recipient, including a discontinuance or sanction.

B.

Good Cause Criteria for Failure/Refusal to Comply. Good cause shall exist if one or more of the following circumstances exists and can be verified:

1.

The condition or requirement is not within the physical or mental capacity of the recipient. Mental confusion, inability to read or write or inability to understand verbal instructions are examples of reasons a recipient would have good cause under this section.

2.

The recipient is unable to meet all or a portion of the condition or requirement due to illness or an immediate family member (spouse, child, stepchild, mother, stepmother, father, stepfather, sister, brother, grandmother, grandfather) is ill and requires care that is available only from the recipient.

3.

No reasonable means of transportation are available to the recipient to meet all or part of the condition or requirement.

4.

The recipient is required to appear in court or is incarcerated and is unable to meet or perform all or part of the condition or requirement.

5.

A death in the immediate family (spouse, child, stepchild, mother, stepmother, father, stepfather, sister, brother, grandmother, grandfather) prevented the recipient from meeting all or part of the condition of requirement.

6.

The recipient did not receive proper instructions about the condition or requirement, thereby excusing a failure or refusal to meet all or part of the condition or requirement, i.e., mail was returned or proper notice was not sent.

7.

Another agency/company or person failed to return required information or material to the recipient or to the EW in a timely manner, thereby excusing a failure to meet all or part of the condition or requirement.

8.

Employment was obtained or a scheduled job interview/job test precluded the recipient from meeting all or part of the condition or requirement.

9.

Circumstances beyond a person's control or other compelling facts presented by the recipient which, under the circumstances of the case, must reasonably be viewed as excusing a failure or refusal to meet a condition or requirement, i.e. auto accident on the way to the meeting.

C.

Good Cause Criteria for Voluntary Termination of Employment. Good cause for voluntary job termination shall exist for applicants or recipients if the reasons therefore are reasonable, substantial and compelling such that a reasonable person, in a similar situation, would act similarly.

Good Cause for voluntary job termination shall exist if one or more of the following circumstances exists and can be verified.

1.

The job was not within the physical or mental capacity of the applicant/recipient.

2.

Hospitalization or illness.

3.

Illness of an immediate family member (spouse, child, stepchild, mother, stepmother, father, stepfather, sister, brother, grandmother, grandfather) who resides with the applicant/recipient if no other reasonable means of care was available.

4.

The conditions of employment are not in conformity with health and safety laws and regulations.

5.

Incarceration.

6.

Discrimination by employer based on age, race, color, religious creed, sex, national origin, ancestry, marital status, handicaps, sexual harassment or political beliefs.

7.

The conditions of employment are not in conformity with federal minimum wage standards.

8.

There is a legal obligation which could not be scheduled so as not to conflict with employment.

9.

Acceptance of another bona fide offer of employment (more than twenty-three hours per week) which subsequently did not materialize.

10.

Time and distance of travel were not in accord with community custom and practice (length of commute is more than one hour one way by the only means available to the individual).

11.

There is no reasonable means of available transportation.

D.

Other Terminations of Employment. While voluntary job termination does not apply to the following circumstances, verification of the job termination is still required:

1.

Inability of a non-striker to work because:

a.

Involuntarily and innocently out of work due to labor dispute.

b.

Work place closed by employer to resist employees' demands (lockout).

c.

Refusal to cross picket line due to fear of death/personal injury.

2.

Layoffs because:

a.

There is no work (seasonal worker or staff reduction).

b.

Leave of absence granted but job subsequently eliminated.

c.

Non-union worker laid off in trade dispute.

d.

Business closes.

( Ord. No. 1343 , § 1, 6-20-17)