CITY OF LOS ANGELES CALIFORNIA

Transcription

1 LAURA TREJO GENERAL MANAGER CITY OF LOS ANGELES CALIFORNIA DEPARTMENT OF AGING AN AREA AGENCY ON AGING 3580 WILSHIRE BLVD., STE, 300 LOS ANGELES, CA {213) ANTONIO R. VILLARAIGOSA MAYOR C.F. No.: Council District: Citywide Contact Persons: Laura Trejo: (213) James Don: (213) June 8, 2011 Honorable Antonio R. Villaraigosa Los Angeles City Council Mayor, City of Los Angeles c/o City Clerk's Office City Hall, Room 303 City Hall, Room 395 Los Angeles, CA Los Angeles, CA Attention: Ms. Pamela Finley, Legislative Coordinator ARTS, PARKS, HEALTH, AND AGING COMMITTEE TRANSMITTAL: UPDATE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM POLICY CONSIDERATION The Los Angeles Department of Aging (LADOA) requests authorization to update its Senior Community Service Employment Program (SCSEP) senior's grievance policy to comply with new requirements from its grantor, the California Department of Aging. SUMMARY LADOA receives SCSEP program funding from the U.S. Department of Labor/Employment and Training Administration (DOL) through the State of California Department of Aging (CDA) for the provision of SCSEP services in the City of Los Angeles. SCSEP provides low income seniors job skills training and community service opportunities to gain work experience, further outlined below under the Narrative section. On March 30, 2011, the CDA issued Program Memo (PM) (Attachment #1) instructing all SCSEP programs to update their grievance policy for senior program participants. The new requirements under PM expand the current policy by adding more detail as to the steps seniors can take to resolve program issues. The AN EQUAL EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER

2 Page 2 Honorable Antonio R. Villaraigosa Los Angeles City Council June 8, 2011 CDA requires that the LADOA update its policy and that its governing board approve the update. NARRATIVE THE MISSION OF THE SCSEP PROGRAMS The SCSEP is a job training program for low-income, unemployed seniors originally authorized by the Older Americans Act of Los Angeles Department of Aging (LADOA) has been administering a SCSEP program continuously since SCSEP provides part-time, temporary on-the-job training experience in non-profit community service agencies to City residents who are at least 55 years old, unemployed and have annual incomes that are no more than 125% of federal poverty guidelines. Program participants, who are technically trainees, are given a stipend for expenses during training. The goal of SCSEP is for participants to gain skills and experience so that they may transition to unsubsidized employment. The participants perform a variety of training duties that include clerical and office functions, food service, stock, and other community service assignments. Currently there are 315 SCSEP participants and 68 community agencies serving as Host Agencies with 143 training sites. In the 2006 reauthorization of the Older Americans Act, the program was revised to include limits on the length of program participation. The time limit is four years from date of enrollment and requires that thirty days notification be provided before a participant is disenrolled from the program. LADOA maximizes employment opportunities by regularly rotating training assignments among different community organizations. It also reviews the hiring history of community organizations before assigning trainees to the site for work experience training. Further, program monitors regularly review trainees' employment plans, arrange for job skills classes, and encourage their job seeking efforts. There are many obstacles to employment for seniors as well as challenges in the current job market. LADOA's SCSEP is the second largest program with CDA and they are most successful. As per PM 11-06, the update is required to comply with the California Code of Regulations (CCR) Title 22 Sections The attached proposed update of the senior's grievance policy consists of provisions to initiate complaints with the Host Agency that is providing the trainee with on-the-job experience. The policy requires that Host Agencies have a written policy and act as the first level of review. The LADOA's SCSEP Director will provide the second level review if the senior appeals the Host Agency's decision. The General Manager will provide the third and final level of review if the senior appeals the LADOA's SCSEP Director's decision. CCR Title 22 Section 7406 stipulates the decision from this step as final. In complaints about the General Manager, the Governing Board will act as the third and final level of review.

3 Page 3 Honorable Antonio R. Villaraigosa Los Angeles City Council June 8, 2011 RECOMMENDATIONS The LADOA recommends that the approval of the senior's grievance policy update in Attachment #2. FISCAL IMPACT STATEMENT The LADOA's proposed action has no fiscal impact as it involves program policy and not budget. A copy of this transmittal with attachments is being forwarded to the City Attorney for review and approval. LAURA T Er;;; General Manager L T:JD:mn:m/SCSEP Policy update Attachments cc: City Attorney City Administrative Officer Chief Legislative Analyst President, Council on Aging

4 Attachment 1 STATE OF CALIFORNIA- HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF AGING 1300 NATIONAL DRIVE, SUITE 200 SACRAMENTO, CA Internet Holrrm:,een.~a.;'l:;~ :l)'f!!:-illllil9&il,qqy TDD Only'- FAX: (916) TEL: (916) EDMUND G. BROWN JR. Governor PROGRAM MEMO TO: Area Agency on Aging Directors NO.: PM 11-06(P) SUBJECT: Revised U.S. Department of Labor Regulations, Code of Federal Regulations, Title 20, Part 641 Senior Community Service Employment Program, Grievance and Termination Policy Changes REVISED DATE ISSUED: March 30, 2011 EXPIRES: Until Superseded REFERENCES: Code of Federal Regulations, Title 20, Part 641 Senior Community Service Employment Program; Final Rule (September 1,2010) PROGRAMS AFFECTED: [ ] All [ ] Title 111-B [ ] Title III-C1/C2 [ ] CBSP [ ] MSSP [ ] Title VII. SUPERSEDES: [ ] Title 111-D [ ] Title 111-E [X] Title V [ ] ADHC [ ] Other: REASON FOR PROGRAM MEMO: [ x] Change in Law or Regulation[ ] Response to Inquiry [ ] Other Specify: INQUIRIES SHOULD BE DIRECTED TO: Assigned Senior Community Service Employment Program Analyst The purpose of this Program Memo (PM) is to provide Area Agencies on Aging (AAA), Senior Community Service Employment Program (SCSEP) projects, guidance on the changes to the grievance and termination procedures in the Code of Federal Regulations (CFR) Title 20, Part 641, SCSEP Final Rule (September 1, 201 0). Grievance Policy The CFR Title 20, Part states, "Each grantee must establish, and describe in the grant agreement, grievance procedures for resolving complaints... arising between the grantee, employees of the grantee, sub-recipients, and applicants or participants." To comply with this requirement, the California Department of Aging (CDA) SCSEP will use the grievance procedure outlined in Title 22, California Code of Regulations, Sections (22 CCR ). AAA and SCSEP staff are responsible for updating all documents containing information about grievance procedures to include the language provided in the attachment to this PM.

5 PM 11 06(P) 2 Termination Policy Section in the CFR provides the process for terminating services to a SCSEP participant. Significant changes to the regulation include: Written notice explaining the reason for termination must be given to the participant 30 days before the participant's services are terminated. The 30-day written notice is required for all termination reasons. Termination notice must provide the participant information about the grievance procedure. AAA and SCSEP staff must update all documents containing information about termination procedures according to CFR requirements. Changes to the grievance and termination procedures are not included in the SCSEP Fiscal Year AAA contracts; therefore, the policy transmitted by this PM is effective immediately. The grievance and termination procedures will be included in the Fiscal Year AAA contracts. Please address questions regarding compliance with these procedures to your assigned CDA SCSEP Analyst: Peggy Stadler: pstadler@aging.ca.gov or (916) PSA 05 PSA 08 PSA 11 PSA 14 PSA 22 Phil Car: pcarr@aging.ca.gov or (916) PSA 09 PSA 21 PSA23 PSA 25 PSA 30 Kathleen Hendrickson: khendric@aging.ca.gov or (916) PSA 10 PSA 15 PSA 18 PSA 19 PSA 20 ~~~1 Lora Connolly Acting Director Attachment

6 PM 11-06(P) Grievance and Termination Policy Changes February 2011 California Code of Regulations Title 22. Social Security Division 1.8. California Department of Aging Chapter 3. Title Ill Programs - PSAs and AAAs Article 5. Grievance Process Cite: 22 CCR Grievance Process General (a) Each AAA shall: (1) Establish a written grievance process for the disposition of complaints by older individuals or persons authorized to act on behalf of older individuals against the AAA's programs and employees or volunteers of such programs. The process shall meet the conditions specified in this article. (2) Include a requirement in all of its contracts and subgrant agreements with service providers that the service providers must establish a written grievance process for reviewing and attempting to resolve complaints of older individuals. At a minimum the process shall include all of the following: (A) Time frames within which a complaint will be acted upon. (B) Written notification to the complainant of the results of the review, including a statement that the complainant may appeal to the AAA if dissatisfied with the results of the service provider's review. (C) Confidentiality provisions to protect the complainant's rights to privacy. Only information relevant to the complaint may be released to the responding party without the older individual's consent. (3) Require service providers to notify all older individuals of the grievance process both through the service provider and the AAA, available to them by: (A) Posting notification of the process in visible and accessible areas, such as the bulletin boards in multipurpose senior centers. For areas in which a substantial number of older individuals are non-english speaking, the notification shall also be posted in the primary language of a significant number of older individuals. "Substantial number" and "significant number" shall be determined by the AAA. 1

7 PM 11-06(P) Grievance and Termination Policy Changes February 2011 (B) Advising homebound older individuals of the process either orally or in writing upon the service providers' contact with the individuals. (b) Complaints may involve, but not be limited to, any or all of the following: (1) Amount or duration of a service. (2) Denial or discontinuance of a service. (3) Dissatisfaction with the service being provided or with the service provider. If the complaint involves an issue of professional conduct that is under the jurisdiction of another entity, such as the California Medical Board or the State Bar Association, the complainant shall be referred to the proper entity. (4) Failure of the service provider to comply with any of the requirements set forth in the Department's regulations or in the contract or subgrant agreement with the AAA. (c) The grievance process established by each AAA shall be both: (1) Formally adopted by the AAA's governing board. (2) Distributed to both of the following: (A) All service providers within the PSA. (B) Organizations and locations where older individuals congregate. (d) Nothing in this article shall be construed as prohibiting older individuals from seeking other available remedies, such as presenting their complaints at an open meeting of the AAA's governing board First level of Resolution. (a) The service provider shall be the first administrative level for the resolution of complaints from older individuals. When the service provider: (1) Is not the AAA, the grievance procedures established by the service provider in accordance with Section 7400 (a) (2) shall apply. (2) Is the AAA, the procedures specified in Section 7404 shall apply. 2

8 PM 11-06(P) Grievance and Termination Policy Changes February 2011 (b) Any complaints received by the Department shall be forwarded to the appropriate AAA for referral to the service provider AAA Informal Administrative Review. (a) The provisions of this section shall apply to both of the following: (1) The first level of complaint resolution when the AAA is the service provider. (2) Complaints received from older individuals or persons authorized to act on their behalf who are dissatisfied with the results of a service provider's grievance process. (b) All complaints shall be in writing to the director of the AAA. If a complainant cannot submit a written complaint, the AAA shall take all of the following actions: (1) Verbally accept the complaint. (2) Prepare a written complaint. (3) Have the complainant sign the written complaint, although not necessarily prior to the commencement of the informal administrative review. (c) Complaints shall include all of the following information: ( 1) The name, mailing address and telephone number, if any, of the complainant or person authorized to act on behalf of the claimant. (2) The type of service and the service provider involved. (3) The names of the individuals involved. (4) The issue of concern or dispute. (5) The date, time and place that the issue of concern or dispute occurred. (6) The names of witnesses, if any. (d) Each AAA shall establish an informal administrative review process for the resolution of complaints received by older individuals or persons authorized to act on their behalf. At a minimum, the process shall be completed within 45 days of receipt of the complaint and include all of the following: 3

9 PM 11-06(P) Grievance and Termination Policy Changes February 2011 (1) The number of days from the receipt of a complaint in which the informal review will commence. (2) An impartial investigation of the complaint and an attempt to informally resolve the issues with the parties involved. (3) The time frame within which the activities specified in (d) (2) will occur. (4) The preparation of a written report of the results of the activities specified in (d) (2). A copy of the report shall be sent to the parties involved. In addition, the report shall advise the complainant of his/her right to an administrative hearing pursuant to Section 7406 if dissatisfied with the results of the review. (5) A process for ensuring that any agreements reached during the informal review are fulfilled Final Grievance Resolution. (a) Any complainant dissatisfied with the results of the review conducted pursuant to Section shall have 30 days from the receipt of the report specified in Section 7404 (d) (4) in which to request a hearing to present his/her complaint orally before an impartial hearing officer/panel. The request shall be made either orally or in writing to the director of the AAA. (b) Each AAA shall establish a formal administrative hearing process in compliance with all of the following: (1) The process shall include the time frames within which all of the following shall occur: (A) From receipt of a hearing request, the notification of the complainant and the other party(s) involved of both of the following: 1. The date, time and location of the hearing. 2. The complainant's and other party(s) right to be present at the hearing and/or to have another person act on their behalf, including the right to have legal counsel present. (B) From the receipt of a hearing request, the holding of the hearing which shall be no later than 45 days from the receipt of the hearing request. 4

10 PM 11-06(P) Grievance and Termination Policy Changes February 2011 (C) From the date of the hearing, the issuance of a proposed decision in accordance with (b) (5). (D) From the date of receipt of the proposed decision, the issuance of a final decision in accordance with (b) (7). (2) The hearing shall be: (A) Conducted both: 1. By an impartial hearing officer/panel. 2. In an informal manner with testimony being restricted to the issues requiring resolution. All parties shall have the right to all of the following: a. Be present at the hearing. b. Present evidence and witnesses. c. Examine witnesses and other sources of relevant information and evidence. (B) Be recorded verbatim, either electronically or stenographically. (3) Technical rules of evidence and procedure shall not apply to the hearing. (4) All persons testifying at the hearing shall be placed under oath or affirmation. (5) The impartial hearing officer/panel shall prepare a proposed decision based upon all relevant evidence presented and in consideration of the policies, procedures, regulations and laws governing the program no later than 30 days after the date the hearing was held. At a minimum, the proposed decision shall contain all of the following: (A) A description of each issue. (B) A statement as to whether the complaint was upheld or denied. In the case of complaints that are upheld, an explanation of the remedy for the complaint shall also be included. (C) A citation of applicable laws and regulations. 5

11 PM 11-06(P) Grievance and Termination Policy Changes February 2011 (6) The proposed decision shall be f01warded to either of the following, as appropriate, for the issuance of a final decision. (A) The director of the AAA, unless the complaint is against the director. (B) The chairperson of the governing board when the complaint is against the director of the AAA. (7) No later than 30 days after receipt of the proposed decision, the director or the chairperson shall either: (A) Adopt the proposed decision as the final decision. (B) Write a new final decision. (8) The decision pursuant to (b) (7) shall be: (A) Immediately transmitted to the parties involved. (B) Final and not subject to appeal. (9) The process shall include procedures for ensuring that the remedies, if any, specified in the final decision are implemented. 6

12 Los Angeles Department of Aging SCSEP Grievance Policy June 2011 Attachment 2 LA Department of Aging SCSEP Grievance Process A grievance is defined as an expressed dissatisfaction or dispute between a trainee, the host agency and/or the Senior Community Service Employment Program (SCSEP). Any trainee grievance shall follow the steps as outline below per the California Department of Aging's Program memo PM 11-06(P) Grievance and Termination Policy Changes February The grievance process intends to address the disposition of complaints by SCSEP Trainees or persons authorized to act on their behalf against the SCSEP and employees or volunteers. Grievances shall be expressed in writing, stating the facts of the situation, the alleged mistreatment, or deficiency, and if appropriate, the relief sought. Informal resolution of a complaint before it becomes a grievance is encouraged. CONFIDENTIALITY: This process will be confidential to protect Trainee's rights to privacy. Only information relevant to the complaint may be released to the responding party without the Trainee's consent. Complaints may involve, but not be limited to, any or all of the following: (1) Amount or duration of SCSEP training. (2) Denial or discontinuance of SCSEP training. (3) Dissatisfaction with the SCSEP training being provided or with the Host Agency. If the complaint involves an issue of professional conduct that is under the jurisdiction of another entity, such as the California Medical Board or the State Bar Association, the complainant shall be referred to the proper entity. (4) Failure of the Host Agency to comply with any of the requirements set forth in the memorandum of agreement with the LADOA. Section 1: First Level of Resolution. Trainees shall notify their immediate Host Agency supervisor of any issues in an attempt to resolve these issues. Trainees are also to notify their LADOA SCSEP Monitor to obtain assistance in resolving those issues, even when located in LADOA. (a) The Host Agency shall be the first administrative level for the resolution of complaints from SCSEP Trainees. When the Host Agency: (1) is not the LADOA; the grievance procedures established by the Host Agency shall be as follows: 1 NOTE: Proposed Grievance Process based on Department of Aging's Program Memo 11-06, pending approval.

13 Los Angeles Department of Aging SCSEP Grievance Policy June 2011 a. The trainee shall first present the grievance in writing to the assigned Host Agency within 10 calendar days following the day of the incident giving rise to or becoming aware of the grievance. Failure to present grievance within the specified time limits shall constitute a waiver of the grievance. b. If the grievance is against the assigned Host Agency, the grievance shall be presented to the next level of supervision within the Host Agency. c. A written decision as to the resolution of the grievance will subsequently be rendered within 10 calendar days of the initial presentation of the grievance, including a statement that the complainant may appeal to the LADOA if dissatisfied with the results of the Host Agency's review. d. If the grievance has not been resolved at this level, the trainee may appeal his/her written grievance to the LADOA within 10 calendar days of the Host Agency's issuance of their resolution. (2) Is the LADOA, the grievance procedures as specified in Section 2. Section 2. LADOA Informal Administrative Review. (a) The provisions of this section shall apply to both of the following: (1) The first level of complaint resolution when the LADOA is the Host Agency. (2) Complaints received from SCSEP Trainees or persons authorized to act on their behalf who are dissatisfied with the results of a Host Agency's grievance process. (b) All complaints shall be in writing to the LADOA's Director of SCSEP. If a complainant cannot submit a written complaint, the LADOA shall take all of the following actions: (1) Verbally accept the complaint. (2) Prepare a written complaint. (3) Have the complainant sign the written complaint, although not necessarily prior to the commencement of the informal administrative review. (c) Complaints shall include all of the following information: 2 NOTE: Proposed Grievance Process based on Department of Aging's Program Memo 11-06, pending approval.

14 Los Angeles Department of Aging SCSEP Grievance Policy June 2011 (1) The name, mailing address and telephone number, if any, of the Trainee or person authorized to act on behalf of the claimant. (2) The name of the Host Agency and the training site involved. (3) The names of the individuals involved. (4) The issue of concern or dispute. (5) The date, time and place that the issue of concern or dispute occurred. (6) The names of witnesses, if any. (d) The SCSEP Director shall conduct an informal administrative review process for the resolution of complaints by Trainees or persons authorized to act on their behalf. At a minimum, the process shall be completed within 45 days of receipt of the complaint and include all of the following: ( 1) The informal review will commence within 10 days from the receipt of a complaint. Failure to present grievance within the specified time limits shall constitute a waiver of the grievance. (2) An impartial investigation of the complaint and an attempt to informally resolve the issues with the parties involved. (3) The impartial investigation will be conducted within 30 days of receipt of the complaint. (4) The preparation of a written report of the results of the investigation and informal resolution. A copy of the report shall be sent to the parties involved. This written report should be delivered to the complainant within 45 days of receipt of the complaint. In addition, the report shall advise the complainant of his/her right to an administrative hearing pursuant to Section 3 if dissatisfied with the results of the review. (5) A follow-up review to ensure that any agreements reached during the informal review are fulfilled. Section 3. Final Grievance Resolution. (a) Any complainant dissatisfied with the results of the review conducted pursuant to Section 2 shall have 30 days from the receipt of the report specified in Section 2 (d) (4) in which to request a hearing to present his/her complaint orally before an 3 NOTE: Proposed Grievance Process based on Department of Aging's Program Memo 11-06, pending approval.

15 Los Angeles Department of Aging SCSEP Grievance Policy June 2011 impartial hearing officer/panel. The request shall be made either orally or in writing to the General Manager of the LADOA. Failure to present grievance within the specified time limits shall constitute a waiver of the grievance. (b) LADOA's formal administrative hearing process in compliance with all of the following: (1) The process shall include the time frames within which all of the following shall occur: (A) From receipt of a hearing request, the notification of the complainant and the other party(s) involved of both of the following: 1. The date, time and location of the hearing. 2. The complainant's and other party(s) right to be present at the hearing and/or to have another person act on their behalf, including the right to have legal counsel present. (B) From the receipt of a hearing request, the holding of the hearing which shall be no later than 45 days from the receipt of the hearing request. (C) From the date of the hearing, the issuance of a proposed decision in accordance with (b) (5). (D) From the date of receipt of the proposed decision, the issuance of a final decision in accordance with (b) (7). (2) The hearing shall be: (A) Conducted both: 1. By an impartial hearing officer/panel. 2. In an informal manner with testimony being restricted to the issues requiring resolution. All parties shall have the right to all of the following: a. Be present at the hearing. b. Present evidence and witnesses. c. Examine witnesses and other sources of relevant information and evidence. 4 NOTE: Proposed Grievance Process based on Department of Aging's Program Memo 11-06, pending approval.

16 Los Angeles Department of Aging SCSEP Grievance Policy June 2011 (B) Be recorded verbatim, either electronically or stenographically. (3) Technical rules of evidence and procedure shall not apply to the hearing. (4) All persons testifying at the hearing shall be placed under oath or affirmation. (5) The impartial hearing officer/panel shall prepare a proposed decision based upon all relevant evidence presented and in consideration of the policies, procedures, regulations and laws governing the program no later than 30 days after the date the hearing was held. At a minimum, the proposed decision shall contain all of the following: (A) A description of each issue. (B) A statement as to whether the complaint was upheld or denied. In the case of complaints that are upheld, an explanation of the remedy for the complaint shall also be included. (C) A citation of applicable laws and regulations. (6) The proposed decision shall be forwarded to either of the following, as appropriate, for the issuance of a final decision. (A) The General Manager of the LADOA, unless the complaint is against the General Manager. (B) The chairperson of the governing board when the complaint is against the General Manager of the LADOA. (7) No later than 30 days after receipt of the proposed decision, the General Manager or the chairperson shall either: (A) Adopt the proposed decision as the final decision. (B) Write a new final decision. (8) The decision pursuant to (b) (7) shall be: (A) Immediately transmitted to the parties involved. (B) Final and not subject to appeal. 5 NOTE: Proposed Grievance Process based on Department of Aging's Program Memo 11-06, pending approval.

17 Los Angeles Department of Aging SCSEP Grievance Policy June 2011 (9) The LADOA will ensure that the remedies if any, specified in the final decision are implemented and report back to the General Manager or Chairperson. Nothing in this policy shall be construed as prohibiting Trainees from seeking other available remedies, such as presenting their complaints at an open meeting of the LADOA's governing board. 6 NOTE: Proposed Grievance Process based on Department of Aging's Program Memo 11-06, pending approval.