Portland sues Maine DHHS over General Assistance cuts for homeless shelters
May 6—The city of Portland has filed a lawsuit against the Maine Department of Health and Human Services hoping to overturn a new rule that will cut millions of dollars in emergency shelter funding for the city.
The complaint was filed in Cumberland County Superior Court in Portland last week, arguing that the rule was not changed through the proper process and should be considered void. The city also asks for a temporary injunction barring the rule from being implemented while a judge considers the lawsuit.
No court dates have been scheduled yet.
If the rule holds, Portland leaders have said it will be difficult for the city to continue operating the shelter without a sharp tax increase or pulling from an emergency fund.
"We're not just going to hope for resolution in the Legislature, we're also going to seek an answer in the court. We're not going to be passive," Portland Mayor Mark Dion said in a phone interview Tuesday.
Rule 26 went into effect on April 1 and formalizes how the department determines shelter costs, 70% of which are reimbursed through General Assistance.
The city has said it costs $84 per guest, per day, to operate the shelter, but based on the new rule, the state said it should only cost $48 per guest per day.
The state is now using a standard known as the "zero-bedroom rate," equal to that of operating a studio or efficiency apartment for each guest. That number is adjusted annually and is based on location-specific fair market rents established by the federal Department of Housing and Urban Development.
View this document on Scribd
The state has said that Rule 26 simply formalizes an existing policy, but the city has argued that the cost of running such a large emergency shelter is not aligned with the zero-bedroom rate set by HUD.
A spokesperson for DHHS declined to answer questions about the filing because it is an active legal matter. The agency has not filed any responses in court.
THREE COUNTS
The city's complaint outlines three requests. First, it asks that the courts overturn the adoption of Rule 26 because it should have been brought before the Legislature as a substantive policy change, rather than an internal hearing.
"If they adjusted schedules, that would be fair for the agency to decide. But this is more than that," Dion said. "It should have gone to the Legislature. This was more than just a housekeeping rule."
Dion argues that Portland has been substantially impacted by the rule change, especially when it comes to its budget and ability to provide shelter services.
The newly proposed city budget accounts for $12 million in state and federal funding cuts, including the General Assistance reimbursement changes resulting from Rule 26.
A draft budget presented by City Manager Danielle West proposes closing that gap by pulling $8.8 million from the city's rainy day fund, while still raising taxes by 6.2%. Without the rainy day funds, city leaders said the tax rate could have increased by 15.1%
The complaint also asks for a temporary injunction to prevent the rule from applying to Portland. And it seeks to overturn a violation issued to the city in the fall that says its reported operating costs for the city shelter were too high.
Dion said the City Council unanimously decided to pursue legal action against the state after meeting with the city's lawyer, Michael Goldman, in executive session last month. He said the session was focused simply on fighting to overturn the violation, but that the council ultimately agreed the city has legal ground to fight the rule change in court.
"This is a very serious decision, but the state's actions have placed us in a very precarious position as far as the budget is concerned," said Dion.
He plans to continue to petition the Legislature for more GA funding even as the case unfolds in court.
"I think most everyone has come to the conclusion that we are a service center city that, for all sorts of reasons, finds itself trying to discharge a state responsibility — so it's a fair expectation that we get adequate funding from the state to carry out that responsibility," he said.
Copy the Story Link
We believe it's important to offer commenting on certain stories as a benefit to our readers. At its best, our comments sections can be a productive platform for readers to engage with our journalism, offer thoughts on coverage and issues, and drive conversation in a respectful, solutions-based way. It's a form of open discourse that can be useful to our community, public officials, journalists and others.
We do not enable comments on everything — exceptions include most crime stories, and coverage involving personal tragedy or sensitive issues that invite personal attacks instead of thoughtful discussion.
You can read more here about our commenting policy and terms of use. More information is also found on our FAQs.
Show less
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
E&E News
an hour ago
- E&E News
New Jersey governor rolls out $430M for power bill rate relief
NEWARK, New Jersey — Gov. Phil Murphy's administration is providing customers with $430 million in electric bill rate relief, a sum that the Democrat and his allies in the Legislature acknowledge is only a short-term solution for rising energy costs. The relief package includes $100 for all 3.9 million residential ratepayers in the state and another $150 for low- and moderate-income ratepayers. The money is meant to help offset skyrocketing power rates that will increase the average monthly power bill by $25 starting this month. Murphy called his plan 'immediate and direct economic relief to every household in New Jersey.' The governor announced the plan flanked by legislative leaders from across the state just days ahead of a primary election in New Jersey. Advertisement The $100 discount for everyone will come in one or two parts, something the state Board of Public Utilities still needs to work out. The $150 for lower income residents would be spread out over the next six or so months. Using rough numbers, the rate relief package could offset somewhere between 30 to 80 percent of the bill increases.
Yahoo
an hour ago
- Yahoo
N.J. ballot law ‘meets constitutional muster,' lawmaker says after judge questions its legality
Though a federal judge says parts of a new ballot design law may be unconstitutional, its sponsors say there's no rush to change it. (Photo by Jennifer Peacock | Assembly Republican Office) Supporters of a new law that ended New Jersey's controversial county-line ballot system signaled there is no rush to amend the statute, even after a federal judge warned this week that the law may be unconstitutional. U.S. District Court Judge Zahid Quraishi in a Tuesday order said some balloting practices that were challenged in court last year likely remain unconstitutional despite changes signed into law this March, but Senate President Nicholas Scutari (D-Union) said he thinks the law, which he sponsored, 'meets constitutional muster.' 'Ballot design has always been in the purview of the Legislature, but I'm aware of what he said,' Scutari said. Scutari added that he had not read the order but had heard some of the judge's concerns through other mediums. It's unclear what effect Quraishi's order will have on future elections. There are primaries on Tuesday — gubernatorial and Assembly candidates are on the ballot — but it's too soon to change ballots before then. The new law was spurred by a lawsuit filed in February 2024 by now-Sen. Andy Kim and two other congressional candidates. The three Democrats alleged that the state's county-line ballot system — which groups party-backed candidates on the ballot no matter what office they're seeking — is unconstitutional. In March 2024, Quraishi ruled that Kim's lawsuit was likely to succeed on its merits, and he barred county clerks from using county-line ballots in the June 2024 primary. Instead, he ordered them to use office-block ballots, which group candidates by the office they're seeking. The Legislature then acted. Earlier this year, it passed the new ballot law, which revamped the design of primary ballots largely to conform to Quraishi's March 2024 edict. But the judge, in his new order, noted that the law permits candidates to bracket with one another on the ballot and have their ballot positions determined by a single draw instead of individual draws. Those provisions, he wrote, 'likely do not remove the unconstitutional practices alleged.' Quraishi's March 2024 order barred clerks from conducting ballot draws that 'do not include a separate drawing for every office and candidate' and required ballot draws offer each candidate an equal chance of securing the best ballot position. The Kim lawsuit alleged Jersey's bracketing system — which allowed candidates to have their ballot positions drawn as a group if they shared a slogan, as did candidates backed by party leaders — violated other candidates' associational rights by requiring they bracket with others to avoid being disadvantaged by the ballot itself. Under prior law, ballot draws for candidates for high office could determine placements for those seeking other offices, from the state to local level. The new law allows candidates seeking the same office, like two running mates for a single Assembly district, to have their ballot positions drawn as a group. Quraishi said this week that leaving ballot draws to clerks' discretion could harm candidates in the future. One of the law's sponsors said the Legislature would act if Quraishi orders further changes. 'The ballot design legislation was written with unprecedented public input and reviewed by counsel from the Office of Legislative Services, as is the case with any law. If there is a legal challenge and a court determines we need to address something, I'm sure the legislature will,' said Assemblyman Al Barlas (R-Essex), who co-chaired an Assembly panel convened to consider new ballot design. As the new law was being contemplated, numerous witnesses urged legislators to require randomized electronic ballot draws and rotating candidate ballot positions to ensure each appeared in the first position as often as their opponents and warned that bracketing provisions could disadvantage solo candidates. Quraishi's concerns haven't spawned wide-reaching worry among the state's most prominent politicians. 'They put the people who are running together together. I don't have a great passion about that one way or the other, but the ballot worked for me,' Gov. Phil Murphy told reporters Thursday. 'It was dead straight forward, dead easy.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
3 hours ago
- Yahoo
Mike Parietti gains 3,000+ signatures to run for Rockland County executive in November
NEW CITY - Rockland voters will likely get a competitive election for county executive on Nov. 4. Michael Parietti of Ramapo said in a Facebook post that he has filed more than 3,000 signatures on a petition to gain a ballot spot as an independent candidate against County Executive Ed Day, who is running for a fourth, four-year term. His line is called "Good Gov," according to the Rockland Board of Elections, confirming Parietti filed his petitions on May 27. The minimum number of signatures is 1,500. Unless Day's campaign offers reasons to knock off more than half of Parietti's signatures, the Ramapo resident will make the ballot. The Democratic Party line will be blank since no candidate collected the minimum number of signatures. Parietti said he's giving thousands of Rockland voters a choice. His agenda can be found on his campaign website. "If not for my candidacy, Day would face no opponent, and the voters would hear no debate on the many pressing issues we face in this pivotal election for the future of Rockland County," Parietti said. Time will tell if Parietti's petitions withstand scrutiny, Day said on Friday, June 6. Petitions can be challenged before the Rockland Board of Elections on whether election laws have been met. Board of Elections Commissioner Patricia Giblin said two people have filed objections to Parietti's petitions. "Each and every candidate for elective office submits petitions to the Board of Elections to satisfy numerical and legal requirements," Day said. "Ours has passed muster. If and when Mr. Parietti can say the same thing, we will have further comment." Day has said he will crisscross the county and spread the word on his record after nearly 12 years in office, specifically his fiscal record and rebuilding the county infrastructure. Day said his record includes working with the Legislature to dig the county out of a $138 million deficit hole when he took office in January 2014. A retired NYPD commander and a former Clarkstown civic leader, Day served on the Legislature before winning the county executive office in November 2013. He won the election overwhelmingly in his last two campaigns, getting 73% of the vote four years ago. He has the GOP and Conservative Party lines in November. "It's not just what we have done, it's where we have to go," Day has said. "Fiscal issues are continuous. Every day is a challenge." Parietti, a West Point Military Academy graduate, noted that Day broke his promise of serving two terms. Parietti has run unsuccessfully for elected offices over the years, including Ramapo supervisor in 2013 and 2015, Ramapo Town Board in 2007, Legislature in 2011 and 2019, and Congress in 2020. A Preserve Ramapo leader, Parietti has voiced opposition to the influence the predominantly Ramapo Hasidic bloc's vote has on elected officials. He challenged the Legislature's redistricting plan in court, arguing the plan signed by Day gave the Hasidic community too much power and influence on the governing body at the expense of non-Hasidic residents, including people of color. A state Appellate Division panel rejected Parietti's arguments in 2023. His website says he's not running to build a political career but to rebuild trust in local government. "This may be our last best chance to hold a public referendum on Rockland's future," Parietti said. "I believe we can't afford to let this opportunity pass us by." Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@ Twitter: @lohudlegal Read more articles and bio. Our local coverage is only possible with support from our readers. This article originally appeared on Rockland/Westchester Journal News: Mike Parietti gears up for independent Rockland County executive bid
