Robertson v. Jackson, Civ. A. No. 3:91CV00197.

• Decision Date: 05 June 1991
• Docket Number: Civ. A. No. 3:91CV00197.
• Citation: 766 F. Supp. 470
• Court: U.S. District Court — Eastern District of Virginia
• Parties: Joyce ROBERTSON, et al. individually and on behalf of all others similarly situated, Plaintiffs, v. Larry D. JACKSON, in his official capacity as Commissioner of the Virginia Department of Social Services, Defendant.

766 F. Supp. 470

Joyce ROBERTSON, et al. individually and on behalf of all others similarly situated, Plaintiffs, v. Larry D. JACKSON, in his official capacity as Commissioner of the Virginia Department of Social Services, Defendant.

Civ. A. No. 3:91CV00197.

United States District Court, E.D. Virginia, Richmond Division.

June 5, 1991.

Meryl Coll? Maneker, Virginia Poverty Law Center, Richmond, Va., Brenda J. Gilliam, John Joseph Wall, Legal Services of Northern Virginia, Manassas, Va., Anne Bright Holton, Central Virginia Legal Aid Soc., Richmond, Va., Robert J. Golcheski, Virginia Legal Aid Soc., Lynchburg, Va., for plaintiffs.

Diane Billings Beck, Barbara Jean Gaden, Thomas J. Czelusta, Office of Atty. Gen., Mary Sue Terry, Atty. Gen. of Va., Richmond, Va., for defendant.

MEMORANDUM

MERHIGE, District Judge.

The matter before the Court is one in which the named plaintiffs seek to remedy violations of federal law on behalf of a class of all Virginia residents eligible to receive food stamps, including those individuals who have applied for, attempted to apply for, or otherwise have requested food assistance, or in the future will request such assistance. The class does not include those persons whose applications or requests were made more than two years prior to May 6, 1991. With this action plaintiffs seek declaratory and injunctive relief against the defendant Larry D. Jackson, the Commissioner of the Virginia Department of Social Services ("VDSS"), who is sued in his official capacity. Jurisdiction is attained by virtue of 28 U.S.C. ? 1343(a)(3), this being an action brought pursuant to 42 U.S.C. ? 1983; 28 U.S.C. ? 1331; 28 U.S.C. ?? 2201 and 2202. Much of the evidence before the Court has been stipulated, and with the cooperation of counsel, issues have been heard in an expedited manner.

Findings of Fact and Conclusions of Law

This case concerns the timely operation of the federal Food Stamp Program in Virginia. Congress instituted the Food Stamp Program ("the Program") operated by Virginia and each of its sister states upon a finding that "the limited food purchasing power of low-income households contributes to the hunger and malnutrition among members of such households." 7 U.S.C. ? 2011. There has been no denial of the fact that the need for the program in Virginia is desperate and that its efficient functioning is vital to the well-being of many Virginians. In this regard, the value of the timely operation of the Program cannot be overestimated.

The Food Stamp Program is one in which the states are not required to participate. Nevertheless, if they do choose to participate, they do so under an agreement to operate the Program within their state in accordance with applicable federal laws and regulations and in accordance with their own state's Food Stamp Plan. 7 C.F.R. ? 272.2(b). The USDA, through its Food and Nutrition Service, promulgates the regulations governing the Food Stamp Program nationwide and has oversight responsibility over the various state agencies responsible for administering the Program. Virginia, of course, has chosen to participate.

The Court finds that under the Program eligible households are supplied with coupons to purchase food at grocery stores approved by the United States Department of Agriculture ("USDA"). 7 U.S.C. ? 2016. The USDA bears the cost of these benefits and pays at least 50 percent of the administrative costs of the Program. 7 U.S.C. ? 2025(a). In Virginia, as in every state, the Program is administered by a "state agency." Virginia law splits operational responsibilities between the state government and local governments. The VDSS is the agency responsible for the overall administration of the Program, while the local Boards of Social Services of the several counties and cities in Virginia have responsibility for the certification of households and the issuance of coupons. Va.Code ? 63.1-87, et seq. The local boards thus handle the day-to-day administration of the Program in each county or city.

Admittedly, the defendant Commissioner has no appointment or unlimited removal authority over the local boards and may remove a local director or other employee only if that person does not meet the personnel standards set by the State Board of Social Services. The members of these boards are appointed by local governing bodies pursuant to Va.Code ?? 63.1-40 and 63.1-43. These local boards set the compensation for the local director and other employees within the compensation plan adopted by the State Board. See Va.Code ? 63.1-66.

Virginia has 124 local social service agencies that accept and process all food stamp applications. In so doing, they act as agents for the defendant in matters relating to the Program within their jurisdictions. Va.Code ? 63.1-67.3, et seq. Among the administrative obligations of the VDSS is the monitoring of the performance of these local agencies in order to assure that they comply with all applicable law. The VDSS also is obligated to correct any deficiencies which may arise from the local agencies' performance. 7 C.F.R. ?? 275.5, 275.16, et seq. In short, the VDSS is responsible for ensuring that any corrective action planned as adequate to remedy problems is implemented and that local agencies' compliance is monitored. See 7 C.F.R. ?? 275.18, 275.19(b).

As the Court has pointed out, although the Commissioner has no appointment and limited removal authority over local boards, Virginia law empowers the State Board of Social Services to oversee local functions and mandates the local authorities to perform the duties imposed upon them by law. Additionally, the Board may authorize the Commissioner to provide for the benefits and recover the costs and other funds distributed by the Commonwealth of Virginia to any particular locality in default. ? 63.1-123. The Board also may authorize the Commissioner to withhold all or a part of the administrative reimbursement from a local agency.

While the 50 percent federal share of the administrative costs is paid to the Commonwealth of Virginia, part of which is passed on to the local agencies as part of the state's allocation to the localities for eligibility administration of all benefit programs (including the Food Stamp Program), the state is responsible only for a portion of the remaining 50 percent of administrative costs. Evidence before the Court reflects that the state has paid approximately 30 percent of the administrative costs of the benefit programs, and the local jurisdictions have paid the remaining 20 percent. In some instances, there has been a short fall in administrative funds provided by the state, and certain jurisdictions have provided additional funds to compensate for the same.

The evidence further discloses that the eligibility of an individual who applies for food stamps through the local office of the Social Service Agency is premised on an assessment?€”pursuant to federal regulations?€”of an applicant's household's needs, taking into account the number of people in the household, and the income, resources and specified expenses of the household. Generally, once an application is filed, the applicant must ordinarily be interviewed and must provide verification of a wide variety of eligibility criteria, including, but not limited to, residence, social security numbers of all household members, income and resources of all household members, expenses, disability status, etc. The VDSS generally is responsible for ensuring that the household's eligibility is determined within 30 days from the date of application and that eligible households are provided with stamps or otherwise given an opportunity to participate in the Program within the 30-day period excepting specified client-caused delays. 7 U.S.C. ? 2020(e)(3); 7 C.F.R. ? 273.2(g), ? 274.2(b)(1).

The law also mandates that having been determined eligible for benefits, the household shall receive such benefits retroactive to the date of application. There is no doubt but that Congress's establishment of the 30-day food stamp processing deadlines aimed to ensure that applicants receive the help to which they are entitled in a timely manner. The Court finds, as detailed below, that these deadlines and guidelines have been regularly missed and grossly ignored in Virginia.

Congress also has provided for expedited treatment of applications for certain food stamp applicants who have an immediate need of aid or are absent any access to resources to meet their food needs. Under 7 U.S.C. ? 2020(e), this expedited procedure is available to those applicants who are homeless, who have less than $150 income and $100 in liquid resources, whose monthly rent and utilities exceed their income, or who are destitute migrant or seasonal farm workers. Such applicants are entitled to receive their stamps in lieu of a document authorized by some local agency designated "authorization to participate" or "ATP." In those instances, an ATP card is issued in lieu of the stamps themselves.

Expedited applicants are entitled to receive their stamps or ATP card no later than the fifth calendar day following application. As with the general 30-day deadline, the VDSS is responsible for ensuring that this deadline too is met. A determination as to whether an applicant is entitled to expedited processing is the responsibility of the VDSS, which is required to ensure that all applications are screened on the same day they are received in the local offices to determine whether the applicant is entitled to expedited processing.

The evidence before the Court indicates that typically it is estimated that as many as 50 percent of all food stamp applicants are entitled to expedited processing. For these applicants, the urgent circumstances permit postponement of verification of most eligibility requirements until after the first issuance of stamps. The regulations also require in those cases where an agency wishes to mail benefits to an...