(a) A Client, either personally or through a Shelter Client Advocate, may appeal a Shelter Hearing decision with which the Client disagrees by requesting an Arbitration verbally or in writing within three business days from the date of the Shelter Hearing decision. If a Client does not request an Arbitration within three business days, the Client will be deemed to have waived any right to appeal the Shelter Hearing decision and pursue Arbitration, unless the Client demonstrates good cause for having missed the deadline for requesting Arbitration, as defined in Section 20.18-7.
(b) If a Shelter denies Service to a Client for a Non-Immediate Denial of Service, the Client disagrees with the Shelter Hearing decision, and the Client timely requests an Arbitration, the Client shall continue to receive Service and remain in the Shelter until the current Shelter stay expires or until the arbitrator issues a decision at the conclusion of the Arbitration, whichever is earlier.
(c) After the Client requests an Arbitration, the Shelter shall, in coordination with the arbitrator, establish a time and place for the Arbitration. A Shelter shall not schedule an Arbitration hearing date for a time earlier than one business day or later than four business days after a Client’s Arbitration request, provided that, a Client may waive the timing requirements. The Shelter shall notify the Client and any Shelter Client Advocate advocating for or representing the Client of the scheduled Arbitration. If the Client requests an advocate or other representative to be present at the Arbitration, the arbitrator may not hold an Arbitration earlier than 24 hours from the time of the request unless the Client waives the 24-hour waiting period.
(d) The Arbitration shall be held by an arbitrator at a neutral location. The arbitrator shall be an active member of the California bar or an attorney employed by the federal government and an active member of the bar of any state.
(e) An arbitrator shall have the authority to manage and control the Arbitration including, by way of example but not limitation, admitting or barring individuals to the Arbitration or terminating the proceeding due to security concerns, continual disruption, or refusal to respond to the arbitrator’s direction. The Client or the Client’s representative shall attend the Arbitration and the Client may, but is not required to, attend with a Shelter Client Advocate or other representative. If the Client or in the Client’s absence the Client’s representative fails to appear, the Client will be deemed to have waived any right to pursue the Arbitration, unless the Client demonstrates good cause for missing the hearing, as defined in Section 20.18-7, in which case the arbitrator shall reschedule the Arbitration.
(f) Arbitration proceedings shall be conducted in an impartial and informal manner. The Shelter shall translate a reasonable amount of written material relevant to, and to be presented at, the Arbitration into the language spoken by the Client and shall provide oral interpretation services of the Arbitration in the language of the Client. The arbitrator shall not be bound by the rules of evidence or procedures applicable to judicial proceedings and may consider all reasonable evidence offered by a Client or the Client’s advocate or representative, provided that, neither party may compel the attendance or testimony of witnesses. The arbitrator may only consider evidence offered by the Shelter that either party presented at the Shelter Hearing. The Client may bring witnesses to speak on the Client’s behalf. The Shelter is not required to bring other Clients as witnesses, and may offer witness statements of other Clients with names of such witnesses redacted. The arbitrator may not consider evidence concerning a Client’s past criminal history.
(g) The arbitrator shall render a written decision by the end of the business day following the conclusion of the Arbitration, and such decision shall state the factual findings and grounds for the decision. The result of the Arbitration is considered final and there is no further right of administrative appeal. The arbitrator may uphold or overturn the Shelter’s Denial of Service. If the arbitrator upholds the Denial of Service, the arbitrator may also modify the Denial of Service by reducing the length of suspension or authorize an additional opportunity for a Client to receive Service. The arbitrator may not authorize an increase in the length of suspension, change Rules or individual case management plans agreed to by a Client and Shelter, make an exception to eligibility criteria, or award any other relief. The arbitrator shall furnish a copy of the written decision to the Client.
(h) A Client who prevails at an Arbitration and who is not currently residing in a Shelter shall be entitled to the next available bed at a Shelter, provided that, the Client must claim the bed within 24 hours of when the Client acknowledges receipt of notification of entitlement. A Shelter must notify the Client of such entitlement and the entitlement shall expire within seven calendar days of the Shelter’s notification. The Shelter may, at its discretion, extend the period during which the Client may claim the next available bed. A prevailing Client shall be credited the amount of time for which the Client did not utilize Service due to the Shelter Hearing and Arbitration appeals process.
(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)