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HomeMy WebLinkAboutPOLICY Draft CLEAN AGREEMENT By and Between Jefferson County and the JEFFERSON COUNTY VETERANS’ ADVISORY BOARD (VAB) This AGREEMENT made and entered into this _______ day of ____________, 2025 by and between Jefferson County, hereinafter referred to as “COUNTY,” a legal subdivision of the State of Washington, and the various Veterans’ Organizations of Jefferson County, who hereby recognize the JEFFERSON COUNTY VETERANS’ ADVISORY BOARD, hereinafter known as the “VAB,” a Washington State non-profit organization, to be the negotiating body for the purpose of setting forth the conditions for dispersal of funds from the Jefferson County Veterans Relief Fund for relief to honorably discharged, indigent Veterans and their dependents. SHB 1189, an act relating to Veterans’ relief became effective July 24, 2005. This act amended RCW 73.08.010, 73.08.070, and 73.08.080, added new sections to Chapter 73.08 RCW, created a new section, and repealed RCW 73.08.030, 73.08.040, 73.08.050. RCW 73.08.005 Intent – 2005 c 250(2) states: “That the Legislature recognizes that ongoing Veterans’ relief or assistance programs in some areas of the State have provided meaningful assistance to indigent Veterans and family members. The Legislature further recognizes that Veteran’s service organizations have traditionally been the initial point of contact for indigent Veterans and family members seeking assistance. In recognition of these factors, the Legislature intends to authorize, upon satisfaction of certain administrative requirements, existing Veteran’s relief or assistance programs to continue providing needed and effective assistance to indigent Veterans and their families.” PREAMBLE The Jefferson County Commissioners and the Veterans Organizations agree that an efficient and effective system to provide relief for indigent Veterans and their dependents is of primary importance. Therefore, this AGREEMENT is established according to the articles set forth hereafter, and as provided by the State of Washington’s laws pertaining to Veterans. I. TERM OF AGREEMENT This AGREEMENT shall be in full force and effect from the date of signing and shall remain in effect unless written notice is received within thirty (30) days by either party. Revisions, changes or modifications may be proposed by the VAB or the COUNTY in writing and must be mutually agreed upon by the parties hereto before they will be effective. II. SUBORDINATION OF AGREEMENT It is understood that the parties hereto are governed by the provisions of applicable State laws and County regulations. When provisions of State law and/or County regulations are therefore in conflict with, or are different than, the provisions of the AGREEMENT, the provisions of State law or County regulation are paramount and shall prevail. III. HOLD HARMLESS COUNTY shall defend, protect, hold harmless and indemnify the Veterans’ Organizations and their respective affiliates, agents, contractors, subcontractors, employees, officers, directors, and other representatives as well as the VAB from and against all claims, suits, or actions arising from any services or activities performed by them in furtherance of this Agreement. IV. RECOGNITION OF NEGOTIATING BODY The parties hereto recognize the VAB or approved designee (designee) as the exclusive negotiating representative for the purpose of implementing the AGREEMENT, per RCW 73.08. The VAB need not post a performance bond. V. RECOGNITION OF THE VAB OFFICERS The parties hereto agree that the VAB Officers will operate in accordance with the bylaws of the organization. VI. VETERANS’ APPEALS BOARD Two (2) members from the qualified and recognized Veterans organizations in the County will be appointed to serve as the Veterans’ Appeals Board (VAB). VII. OPERATIONS OF THE VAB The VAB members will be notified by the Clerk of the Board for the County Commissioners or designee when a client calls for an appointment or if there are any applications to be reviewed, approved, and vouchers to be issued. A. The Commissioners’ Office will provide a space for the VAB to review and approve each application. A phone and necessary office equipment will be made available for their use. A supply of vouchers will be kept secure in the Commissioner’s Office. A procedure will be established for issuance of vouchers. B. Service Officers may receive mileage reimbursement for travel to the Courthouse to meet with applicants. They are required to submit their mileage on a signed Jefferson County Mileage Form and attach a copy of proof of insurance. The County’s mileage reimbursement is set at the beginning of each year based on the current IRS rate. VIII. APPLICANT ELIGIBILITY A. RCW Requirements: Under the Revised Code of the State of Washington (RCW), all Veterans, their dependents, widow(er)s and/or dependents are eligible for emergency assistance. Using the RCW as guidelines the following are established as “Criteria for Assistance.” Lack of funds because of bad management of an adequate source of income does NOT make the applicant indigent. Persons with more than the merest income are usually helped on a one time bases only. 1. All Veterans as defined by RCW 73.08.005. 2. Veterans must be indigent as the term is defined by chapter 73.08 RCW, unless the definition of indigent is modified to widen eligibility by the County Commissioners as is permitted by the 2005 amendments to chapter 73.08 RCW. The statute, as amended in 2005, establishes three possible definitions of indigency, specifically the applicant is: a) Receiving public assistance, including but not limited to, public assistance, food stamps or SSI; b) Receiving a net income, i.e., after taxes, that does not exceed 200% of the current federally established poverty level; or c) Unable to pay reasonable costs for shelter, food, utilities and transportation because his or her available funds are insufficient. 3. Veterans must h be a resident of resident of Jefferson County and show proof of residency. Acceptable forms of proof include, but are not limited to: driver’s license with Jefferson County address, utility bill in their name, etc.. 4. Veterans must be able to provide proof of identification (as to their identity and as to their Veteran status) and documentation of eligibility of dependents in a manner consistent with “B” below. B. Required Documentation: Veteran must provide a copy of their DD214, if the document is questionable, the Veteran will need to provide a certified copy of their DD214. If discharge prior to 1950, a Certificate of Discharge and a photocopy of such form must be attached to the application. 1. Discharge documentation must show Honorable Service (RCW 41.04.005), therefore, only Veterans with an Honorable Discharge or a General (under Honorable Conditions) are eligible for assistance. 2. Documents other than discharge certificates which give service dates and character of service may be accepted in lieu of proper discharge papers only when they are issued by a recognized agency, i.e., Veterans Administration, AMVETS Service Office, or application for DD214. These documents are acceptable on a temporary basis only and must be written on letterhead stationery from the issuing agency. The copy of application for a DD214 can be used for one time only. a) The applicant is to be told that assistance is on a temporary basis only and that further assistance will require proper discharge documentation. C. VAB Officers as Final Arbiter: The VAB Officers are the final decision-makers as to whether a person is eligible for funds from the Veterans’ Relief Program, subject to appeal to the Veterans’ Appeals Board then a final appeal may be made to the County Administrator. IX. POLICY FOR DISBURSING FUNDS A. General Information: All requests for funds require that a Veterans’ Relief fund Application be filled out and signed by the Veteran, widow/widower, or dependent. Assistance to qualified applicants is provided by the VAB and Jefferson County primarily in the form of direct relief to the vendor or the use of vouchers. Assistance may also be given by the VAB through referrals, counseling, or by acting as a liaison for the applicant. A Veteran or Veteran’s widow, widower, dependent, or authorized person on behalf of dependent shall be eligible to make application for assistance for emergency needs in general limited to $2,390 per CALENDAR YEAR. Monetary limits on all types of vouchers are detailed in the section with that heading. All vouchers issued are classified into one of the follow categories: (1) Food & Necessities (2) Rent (3) Utility (4) Medical (5) Miscellaneous Expenses in excess of the amount written on the voucher are the responsibility of the applicant. No cash, coupon, or credit of any type is to be given if purchase is less than the amount written on the voucher, i.e., the Veteran cannot trade in all or a portion of the voucher for cash, coupons, or credit. 1.0 Food: There is no set number of times an applicant can receive assistance. However, vouchers are intended for emergency use and requests for frequent assistance should be reviewed carefully and the applicant reminded of the emergency nature of the fund. 1.1 Food vouchers shall be issued for the maximum amount as follows: Single Veteran $240, Married Veteran $320 Marred Veteran with dependents $320 plus $80 per dependent. 1.2 Food vouchers are issued for necessities only. The purchase of any alcohol or tobacco products is prohibited. Sundries may be purchased; however, such purchases should be for necessary items, i.e., paper products, toiletries, etc. Purchases of prohibited and/or questionable items are to be documented in the Veteran’s record. Upon a subsequent visit the Veteran is to be questioned by the VAB representative regarding the purchase. Repeated violations, after warnings, are considered adequate grounds for termination of assistance. If the abuse is flagrant, a report is to be submitted to the County Prosecutor. 2.0 Rent: Funds are used to assist a Veteran to remain in a domicile or to provide temporary shelter to get a Veteran off the streets. To receive rent assistance, an applicant must provide proof of residency in the dwelling indicated. A rental agreement from the landlord, and notice of eviction with eviction date is required. Rent is usually not paid to relatives of the applicant. Rent must be past due and to prevent an eviction. 2.1 Rental assistance depends heavily upon the circumstances the applicant is in and upon the interview held by the Service Officer. Rental assistance requests should be thoroughly investigated. 3.0 Utilities: 3.1 Assistance for electricity, water, and natural gas will require a late notice or shut off notice. 3.2 It is the responsibility of the VAB to maintain a liaison with the utility companies to assure that the amount of assistance is adequate enough to prevent a shut-off. It is considered expedient to assist only when it will prevent a shut- off. 3.3 A telephone, while considered a utility is generally not considered a necessity and does not qualify for assistance. Exceptions are considered on an individual basis and are restricted to situations where the telephone would be considered essential because of medical problems, etc. 3.4 Use of utility funds to pay for deposits is not allowed. 4.0 Medical: Assistance is granted to aid qualified applicants for the purchase of medicine (prescriptions). Usually, assistance is granted on a one time basis for up to $160. However, in cases of extreme medical need and indigence, medical assistance may be granted on a monthly basis. Such cases are usually limited to assisting with an acute medical problem, The investigator must be aware of the requirements that the assistance be of an emergency nature. 1.1 Medical assistance not to exceed annual balance, may be used to pay for eye glasses, dental work, or dentures with a doctor’s note or a prescription. 5.0 Miscellaneous: Reasonable areas of assistance that cannot be classified as food, rent, utility or medical will be classified as miscellaneous. Typical areas of miscellaneous assistance include travel and clothing. There are restrictions on granting assistance for these items – see below. B. Expenditures Not Eligible for Veterans Relief Funds: There are areas where Veterans’ Relief Funds cannot be used for assistance. These areas include payment of fees or fines, automobile repair, school books, etc. 1. Travel expenses are limited to the expense of the applicant to perform necessary travel. Currently travel funds are restricted exclusively to those who need assistance for medical purposes. Assistance is granted by providing a voucher to assure the applicant has an adequate amount of fuel to perform travel in the amount up to $80. 2. Travel assistance for job search is provided on a case-by-case basis. 3. Assistance for travel out of state is not provided. This includes out of state assistance to at attend funerals. 4. Determination of legitimacy of a request for miscellaneous funds in any area not specifically mentioned above will be made by the VAB. 5. Up to $800 may be paid for funeral expenses related to the death of a Veteran, his spouse, or dependent child up to 18 years-of age. Reimbursement for funeral expenses may be paid for up to one (1) year from the date of death. 6. In the case of a catastrophic emergency such as fire, flood or wind storm which damages a Veterans’ residence and/or possessions an individual member of the VAB is authorized to render relief from the Veterans Relief Fund as necessary to meet the immediate needs of the Veteran. If the Veteran requests further assistance, the VAB will convene a special meeting to review the request. The VAC, in coordination with the County Administrator, may approve an amount of relief over the annual threshold. X. APPEAL FOR FUNDS A. Request for Funds above specified limits: If a Veterans Organization or the VAB determines that a situation exists which requires consideration of assistance in excess of the maximum amounts set forth herein, an appeal may be made to the VAB Officers, and upon approval of the Officers, additional funds may be disbursed, with the approval of the County Administrator. B. Applicant Appeal: Any request for assistance that an applicant feels was not acted upon properly by the VAB, may be appealed to the Veterans’ Appeals Board within fourteen (14) days of the date the application was denied by the VAB. XI. POST RENT General Information: RCW 73.04.080 authorizes post rent to be paid to nationally chartered Veterans’ organizations provided that the post is not purchasing property for which rent will be paid and the amount to be paid is $240 or the actual amount of rent paid, whichever is less. Said post is not renting from another post of the same organization, i.e., post rent cannot be paid to a V.F.W. post renting a V.F.W. hall or an AMVEST post renting from AMVETS, etc. XII. MONITORING THE COUNTY VETERANS’ RELIEF FUND BALANCE The VAB will work with the Clerk of the Board of Commissioners or designee in setting and monitoring the annual budget for the Veterans Relief Fund and the annual tax levy for the fund. A report of expenditures and revenues will be forwarded to the VAB at least quarterly, or more frequently if warranted. The Clerk of the Board or designee will work with the VAB to prepare a preliminary budget of expenditures each year. If the VAB determines that a change of any kind is required in the amount of taxes to be levied by the County for the Veterans Relief Fund, the VAB will submit a written recommendation for the levy amount change to the Clerk of the Board for consideration by the County Commissioners during their annual budget deliberations. XIII. NO EMPLOYMENT RELATIONSHIP No person working or performing services for the VAB without compensation shall be considered an employee or agent of the County and such persons shall not be entitled to any employment benefits a County employee is entitled to. XIV. POST RELIEF FUNDS If a Jefferson County Veterans Organization provides relief funds to a needy Veteran from their own Post Assistance Fund, they shall not receive any monies in return from the Country Veterans Relief Fund. XV. REPEALER This agreement repeals and replaces all previous agreements and agreement amendments with the VAB. (SIGNATURES ON THE FOLLOWING PAGE) APPROVED AND ADOPTED this ______ day of ____________, 2025. JEFFERSON COUNTY WASHINGTON Board of County Commissioners Jefferson County, Washington By: __________________________________ Heidi Eisenhour, Chair By: __________________________________ Heather Dudley-Nollette, Commissioner By: __________________________________ Greg Brotherton, Commissioner SEAL: ATTEST: _______________________________________ Carolyn Gallaway, CMC Clerk of the Board Approved as to form only: ________________________________________ Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney JEFFERSON COUNTY VETERANS’ ADVISORY BOARD By: ____________________________ Date: __________________________ By: ____________________________ Date: __________________________ By: ____________________________ Date: __________________________ By: ____________________________ Date: __________________________ By: ____________________________ Date: __________________________