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What's going on in Fulton County anyway?
Are the public officers in Fulton County more concerned about their budgets than they are with the constitutional rights of individuals and the welfare and needs of families?
Two cases in point beg the question.
First, there's the matter of Family Court Judge David Jung.
In the last several months, the number of defendants released from jail because Jung violated their constitutional rights is four. Is he sentencing them to jail without court appearances and in violation of their Sixth Amendment right to counsel because he's trying to save money in the legal aid budget?
Gee, if all the eligible defendants are summarily denied counsel, then the legal aid budget for indigents should be pretty low. Course the pay outs for civil rights claims are going to sky rocket so seems like Jung is being penny wise and pound foolish.
Instead of Fulton County taxpayers fulfilling the constitutional duty of providing legal defense for the indigent, they're paying to defend Jung. The Fulton County Board of Supervisors has voted to expend money to appeal the decision against Jung in which it was ruled he denied defendants the right to counsel
Now, if these four defendants sue the county for their rights being violated and unlawful incarceration, how much do you think that will cost Fulton County taxpayers? Doesn't look to us like Jung saved the taxpayers a dime.
And then we have the Fulton County Department of Social Services who appears to be making up the law to suit themselves and refusing to take emergency applications for assistance, making the applicants wait for a week although the law says the application must be heard the same day. Some of those Fulton County leaders seem to have a problem with anyone who needs assistance, calling them system abusers and other choice words.
The Amsterdam Leader-Herald published an article earlier this week, quoting director John Rogers who says that they've cut temporary assistance cases down to 283 by the end of September after having 1,250 in 1994. He says he thinks they've done a pretty good job. Depends on how they reduced that number.
We question how many eligible people in need did they turn away. How many did they embarrass and make grovel the point where the needy would rather go without than be subjected to the abuse and denigration directed at them.
Rogers says that when people go to DSS for help, if they're eligible they're assisted.
Susan X says otherwise.
Rogers is quoted as claiming that people fill out an application for temporary assistance at DSS and are given a huge packet of information and are usually seen the same day. "Everything done here is done regarding law and regulations".
Under New York State Law, there is Emergency Assistance to Families (EAF) administered by DSS. This benefit helps you or a family member deal with a crisis and emergency situation that is beyond your or your family member's control. Such needs could include cash assistance with evictions, homelessness, fuel for heating, utility disconnects or a family violence situation---or emergency surgery that puts you out of work for a month or more, without hospitalization and while waiting for those disability checks to kick in.
To be eligible for EAF, either as part of your ongoing public assistance or for one-time assistance, your household has to meet one of these criteria:
Your family must have a child under age 18, or a child under age 19 who attends secondary school regularly.
Your child for whom EAF is provided must be living with an eligible relative currently or within the past 12 months.
If you or a family member has been medically verified as pregnant, but you have no other children, you may receive EAF if your family is otherwise eligible for public assistance.
DSS must render a decision on your application within 30 days UNLESS you are are in an emergency and have no place to live or food to eat. When you have been declared by DSS to be in an emergency, you can have an immediate appointment to have your needs evaluated and addressed.
That is, unless you're a resident of Fulton County.
Last week, after having emergency surgery that left her unable to work for at least a month with no hospitalization insurance and no other source of income, Susan X went to DSS to file an emergency application for assistance for herself and her child.
Instead, she was given a food bag, told they were too busy and to come back in a week.
In the Leader Herald article, Johnstown 1st Ward Supervisor Richard Handy, a former member of the Social Services Committee, was quoted as saying that anyone can have a "tough time in life. That might include a 'downside' in a marriage or a catastrophic illness for which public assistance can help.
Susan X had emergency surgery last week and cannot work for a month. She lives with her daughter and must pay weekly child support. "I went to apply for emergency food stamps and by law, my rights are to have an appointment that day and be told whether or not I qualify".
"I arrived there a 3 p.m.", she says. Social services told me 'we aren't doing emergencies today'. I said that I had a right to an appointment that day and they said, 'sorry, you'll have to come back Monday, we changed that law'.
She questions how Fulton County can change the state law by themselves.
"I have to worry about making it through for at least 7 more days until I go there on Monday. I have a child to feed and I have to pay my child support or I get put into violation. I don't know how I am to choose to feed my daughter or pay child support? I am extremely upset. I could not avoid surgery. It's not like I deliberately not working. These people do not help".
It's one thing for Jung and Rogers to be looking out for the interests of the taxpayers.
But they can't violate constitutional rights or play God to do so. 10-26-05
© 2005 North
Country Gazette
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