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For purposes of this Article XVIII, where a Client is required to show “good cause,” good cause may be shown by competent evidence of any of the following: (a) the Client’s hospitalization; (b) the Client’s illness or injury; (c) the Client’s disability; (d) death in the Client’s immediate family; (e) the Client’s arrest or incarceration; (f) other circumstances beyond the Client’s control; or (g) criteria for good cause determined by the Department. The Client has the burden of providing confirmation, by evidence, of facts constituting such good cause. If a Shelter denies a Client’s good cause, the Client may arbitrate that denial under the procedures outlined in Section 20.18-6.
(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)
(a) Reporting. Each Shelter shall provide to the Department, within time frames established by the Department, information on a monthly basis concerning the number of Immediate and Non-Immediate Denials of Service issued to Clients and the resolution of all Shelter Hearings and Arbitrations pertaining to the reporting Shelter.
(b) Annual Review. Each Shelter shall review a Client’s permanent Denial of Service, if the Client requests such review. The review shall be conducted on an annual basis after the date of the permanent Denial of Service. The Client may offer evidence to demonstrate the Client’s eligibility to receive Service and may attend the review with an advocate or representative. A Shelter shall have the authority to rescind the permanent Denial of Service and the Shelter’s review decision is not subject to Arbitration.
(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)
The Department shall provide for a process for a party to file a complaint in the following situations: (a) when a Shelter acts outside its scope of authority under this Article XVIII; (b) when a Shelter hearing officer or an arbitrator acts outside their scope of authority under this Article XVIII; (c) when a Shelter or arbitrator unreasonably rejects a Client’s showing of good cause under Section 20.18-7; or (d) when a hearing officer or arbitrator is accused of bias, prejudice, or interest in the proceeding. The Shelter Grievance Advisory Committee (established in Article XXXVI of Chapter 5 of the Administrative Code) shall hear complaints related to scope of authority and good cause (subsection (a) through (c) of this Section 20.18-9) and make nonbinding recommendations to the Department regarding such complaints. The Department shall take appropriate action to resolve such complaints. The Department shall hear complaints related to hearing officer or arbitrator bias, prejudice, or interest in the proceeding (subsection (d) of this Section 20.18-9), and shall take appropriate action to resolve such complaints.
(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)
If any section, subsection, sentence, clause, phrase, or word of this Article XVIII, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Article. The Board of Supervisors hereby declares that it would have passed this Article and every section, subsection, sentence, clause, phrase, and word not declared invalid and unconstitutional without regard to whether any other portion of this Article or application thereof would be subsequently declared invalid or unconstitutional.
(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)
In enacting and implementing this Article XVIII, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)
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