Gilman v. City of Lewiston

524 A.2d 1205, 1987 Me. LEXIS 689
Supreme Judicial Court of Maine·Decided April 22, 1987·Published·Cited by 1 cases

Opinion

WATHEN, Justice.

Plaintiff James Gilman appeals from an order of the Superior Court (Androscoggin County) affirming a denial of general assistance by the City of Lewiston. The denial was based on findings that plaintiff caused the termination of his employment and that he failed to report earnings received from employment. We conclude that neither finding constitutes a lawful basis for denying general assistance and, therefore, we vacate the judgment of the Superior Court.

The record reflects that plaintiff, a regular recipient of general assistance, made application on January 24, 1986, for general assistance for food and rent. Four days later the director of general assistance denied his request for the reasons that he had failed to report his earnings from two days of employment and that he had terminated his employment at one establishment and had caused his dismissal from employment at Progressive Bakery. A fair hearing was held at plaintiff’s request to review the denial of assistance. At the hearing, the assistance director testified that plaintiff had worked at two establishments in Auburn for a total of two days during the prior month and failed to report the income on his application. Further, the director testified that plaintiff quit his job at one establishment because his hands were [1206] swelling1 and that he caused his own termination at Progressive Bakery by being abusive to two female workers. The fair hearing officer upheld the denial of assistance and found that plaintiff had willfully caused termination of his employment at the bakery because of dissatisfaction with the work shift, and had failed to report income. Following an unsuccessful appeal to the Superior Court, plaintiff filed the present appeal.

I.

In a series of decisions issued in 1982 we ruled that need was the exclusive criterion for eligibility for relief under the then current general assistance law. See, Blouin v. City of Rockland, 441 A.2d 1008 (Me.1982); Page v. City of Auburn, 440 A.2d 363 (Me.1982); and Beaulieu v. City of Lewiston, 440 A.2d 334 (Me.1982). All three cases dealt with the validity of an ordinance imposing requirements or restrictions in addition to those imposed by statute. The opinion in Page is of particular relevance to the present case. That case involved an ordinance declaring an applicant ineligible if the applicant voluntarily quit employment or voluntarily caused his own unemployment. We reasoned that such an ordinance was prohibited by the statutory scheme and struck it down. Page v. City of Auburn, 440 A.2d at 364.

In 1983 the Maine Legislature responded to the Page decision and enacted the following work requirement currently codified at 22 M.R.S.A. § 4316-A (Supp.1986):

An applicant is ineligible for assistance for 60 days if the municipality establishes that the person, without just cause:
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E. Quits work after an initial application for assistance.

The City of Lewiston responded to the 1983 legislative change by enacting the following ordinance:

After being granted assistance at the time of initial application, applicants will be considered ineligible for further assistance if they, without just cause:
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(f) voluntarily quit work. Within the meaning of “voluntary quit” is an applicant causing his/her own unemployment by being intentionally fired. Applicants who are employed are expected to remain on the job and not quit employment except for just cause. (22 M.R.S.A. § 4301.8, 4316 3-A.l)

Lewiston, Me. General Assistance Ordinance § 13-45(f). It is important to note that although the ordinance encompasses the statutory provision, it resurrects the feature of the Page ordinance that equates “causing a discharge” with “quitting.”

In enacting the 1983 amendments, the Legislature reaffirmed need as the sole criterion for an initial application but sought to create additional eligibility conditions for continuing assistance. The statement of fact accompanying the 1983 and 1985 legislation contains the following:

The new draft authoriz[ed] municipalities to establish by ordinance, standards in addition to need. These standards include requiring applicants to fulfill work requirements, and to use other available resources to reduce their dependence on the general assistance program.

L.D. 1764, Statement of Fact (111th Legis. 1983).

In 1983, the 111th legislature adopted the policy that the first time people applied for general assistance, need would be the only eligibility condition; thereafter, as a recipient, people would have to meet all other eligibility conditions including, requirements to work, make use of available resources, use income for basic necessities and not commit fraud. Section 4 retains that policy... .

L.D. 786, Statement of Fact (112th Legis. 1985).

The statute and the legislative history clearly reflect that the Legislature intended to limit the impact of Page by declaring an applicant to be ineligible if he [1207] quit work after an initial application. The City of Lewiston argues that the ordinance does not expand upon the statute but merely effectuates the intendment of the statute. The City suggests that “being intentionally fired” is the functional equivalent of “quitting work.” We disagree. The statutory formulation requiring that an applicant quit work, can be satisfied only by showing an affirmative and unequivocal act on the part of the applicant. Undoubtedly, the Legislature recognized that assistance recipients are prone to a variety of employment difficulties. By enacting a limited exception employing a precise standard, the Legislature left little need for the evaluation of an applicant’s conduct. By contrast, the ordinance provision permits disqualification to be inferred strictly from an objective evaluation of events. If an applicant is discharged, a fact-finder is authorized to determine whether the conduct causing the discharge was committed for the purpose of producing the discharge. The scope of the ordinance is significantly broader than the language of the statute. In this case, the fair hearing officer did not find that plaintiff quit work in the terms of the statute, but rather, relying on the ordinance, found that he had willfully caused the termination of his own employment. We conclude that section 4316-A(1)(E) does not authorize the disqualification of those who are discharged for misconduct, but rather is confined to those who have unmistakably manifested their indifference to circumstance by quitting their employment.

II.

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Gilman v. City of Lewiston, 524 A.2d 1205, 1987 Me. LEXIS 689 (Me. 1987).

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