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Claim of Tara Lee Winger '\ . -I ,. . \; .. BARRY A. LINDAHL, ESQ. CORPORATION COUNSEL MEMO o o..:Z s;..O '-' -:". c~ S-2 ;-::- cu'; (D " -0 )>::::::t: 0- CD ...0 \.0 :x :Do' -.c N o :0- :x To: Mayor Terrance M. Duggan and members of the City Council Date: May 19, 1999 Re: Claim of Tara Lee Winger Claimant Date of Claim Date of Loss Nature of Claim Tara Lee Winger 5/10/99 April, 1999 housing needs This is a claim for damages for lack of assistance with the claimant's housing needs. According to the report of Housing Services Manager David Harris, Ms. Winger was terminated from the Section 8 Program because of a criminal conviction of discharging a shotgun into a storefront window. The Housing rules require termination of eligibility for three years upon such a conviction. In accordance with the rules of the Housing Commission, Winger was terminated as of January, 1997, and did nothing until April 26, 1999, when she requested to appeal the decision to the Housing Services Department. At the May 11, 1999 meeting of the Housing Commission, the Commission voted unanimously not to permit an appeal. The rules provide that any appeal must be made within ten days and in this case, Ms. Winger waited more than 2 years prior to appealing the decision. It is therefore the recommendation of Housing $ervices Manager that this claim be denied; the Legal Department concurs with that recommendation. WGB/cg/Attachment cc - Mr. David Harris cc - Ms. Tara Winger 196 CyeARF. PI.A7.A DURUQUF. IOWA 52001 TELF. 319583-4113 "AX 319 583-1040 e-mail balcsq@mwci.net JJ m (j nl / 0-- m o .s:- \.D 'I t. ,," CITY OF DUBUQUE, IOWA '- MEMORANDUM r'i ^~v' \;,f1 lC'. f;<I '- ~\t v. ,k ~~ vJ rv IJV\.v.\ 12 May 99 To: M~\~an Milligen, City Manager From: mid Harris Re: Claim from Tara Lee Winger Introduction The purpose of this memorandum is to provide information relative to the claim filed by Tara Lee Winger for housing assistance, Discussion Ms Winger's eligibility for Section 8 Program benefits was terminated as of 1 January 97, for reason of conviction of reckless use of a firearm, According to Iowa Code, this offense constitutes an aggravated misdemeanor if property damage occurs, In this specific case, Ms Winger was convicted of discharging a shotgun into a storefront window, \~. According to the Section 8 Program Administrative Plan, such offense requires termination of eligibility, for a period of three years. At the appeal hearing held at Ms Winger's request, on 12 November 96, this decision was rendered. Ms Winger did not subsequently file a further request for appeal - to the Housing Commission - as allowed by the Administrative Plan. This filing must be made within ten days of the initial hearing decision. She was subsequently terminated as of the January 97 date. On 26 April 99 Ms Winger did file a request for an appeal, at the Housing Services Department. This matter was placed on the agenda for the Housing Commission 11 May meeting, for a decision to either grant or deny a special appeal hearing. The Commission voted unanimously not to allow an appeal at this time. Ms Winger is otherwise eligible to re-apply for housing assistance, as of the three-year anniversary date of the offense, in September of this year.