Alameda County Municipal Code Ch. 2.124 Alameda County Health Care for the Homeless Commission

There is hereby established in the County of Alameda ("County") a body which shall be known as the Alameda County Health Care for the Homeless Commission ("Commission"). The purpose of the Commission is to act, in conjunction with the board of supervisors and the Alameda Health System ("AHS") Board of Trustees ("BOT"), as the governing board, as set forth in this chapter, of health care operations, whether administered by HCSA or AHS, which fall under the United States Department of Health and Human Services Health Resources and Services Administration ("HRSA") Policy Information Notice 2014-01's Scope of Project ("HRSA Scope of Project") under Section 330 the Public Health Services Act and its related grant. The HRSA Scope of Project is defined as "the approved service sites, services, providers, service area(s) and target population(s) which are supported (wholly or in part) under the total section 330 grant-related project budget."

(Ord. No. 2016-27, § 1, 6-28-16)

The commission shall consist of nine members initially appointed by the board of supervisors in consultation with Alameda County Health Care for the homeless ("HCH") and AHS through its homeless coordinating office ("HCO"). Subsequent appointments to fill vacancies will be made pursuant to the commission bylaws.

All members of the commission shall be residents of the county. Each of the five districts represented by a member of the board of supervisors must be represented by at least one member of the commission. At least one member must be an active member of the consumer community advisory board of HCH. No member of the commission shall be an officer, employee or an immediate family member of an officer or employee of Alameda County, AHS, or a subcontracting agency of the HCH or HCO. No member shall have a financial interest which would constitute a conflict of interest. No more than one-half (50 percent) of commission members may derive more than ten (10) percent of their annual income from the health care industry, as required by HRSA regulations.

Collectively, commission members shall possess expertise in health care, community affairs, finance, government, business, and legal affairs. Each member shall have a demonstrated commitment to people experiencing homelessness and the special health needs of that population.

(Ord. No. 2016-27, § 1, 6-28-16)

Upon its establishment, initial terms shall be four years for five of the members and two years for the remaining members. Thereafter, the term of each member shall be four years. Any vacancy or removal from the commission shall occur pursuant to the bylaws.

(Ord. No. 2016-27, § 1, 6-28-16)

Following the creation of the commission, a co-applicant agreement shall be established among the commission, board of supervisors, and BOT delineating governance authority and responsibilities of the commission in relation to the HRSA scope of project. The co-applicant agreement shall be in compliance with HRSA requirements.

(Ord. No. 2016-27, § 1, 6-28-16)

The board of supervisors and BOT shall retain the authority to set policy on fiscal and personnel matters within their respective public agencies including, but not limited to, appropriating and authorizing funding and staffing for programs and policies related to finan-cial management practices, labor relations, and conditions of employment. The commission may not adopt any policy or practice, or take any action, which is inconsistent with or which alters the scope of any decision or policy set by the Board of Supervisors or the BOT on fiscal or personnel issues, or which asserts control, directly or indirectly, over any non-HRSA scope of project fund or program. The commission does not have the authority to direct the hiring, promotion, or firing of any employee of the county or AHS.

(Ord. No. 2016-27, § 1, 6-28-16)

Members of the commission shall serve without compensation. Travel and meal expenses when traveling out of county on commission business shall be approved in advance by the commission and reported to the Board of Supervisors.

(Ord. No. 2016-27, § 1, 6-28-16)

Meetings shall be held pursuant to HRSA requirements and within the jurisdictional limits of the county. All meetings of the commission, including, without limitation, regular, special, and adjourned meetings, shall be called, publicly noticed, held, and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the California Government Code).

A quorum is necessary to conduct business and make recommendations. A quorum shall be constituted by the presence of a majority of the voting members of the commission. A majority vote of the commission members present is required to take any action, and each member present shall be entitled to vote.

(Ord. No. 2016-27, § 1, 6-28-16)

The commission shall be subject to the same conflict of interest rules and reporting requirements which are applicable to the Board of Supervisors and as otherwise required by law.

(Ord. No. 2016-27, § 1, 6-28-16)

The bylaws attached to this chapter shall constitute the initial bylaws of the commission. The bylaws may be modified thereafter pursuant to the terms of the bylaws so long as any such modifications are consistent with HRSA regulations, this chapter, or any other federal, state, or County law.

(Ord. No. 2016-27, § 1, 6-28-16)

If any provision(s) of this chapter is declared invalid by a court of competent jurisdiction, it is the intent of the Board of Supervisors that such invalid provision(s) be severed from the remaining provisions of the chapter and that those remaining provisions continue in effect.

(Ord. No. 2016-27, § 1, 6-28-16)

The commission shall remain in existence for as long as required to remain eligible for receipt of funding from the United States Government under Section 330 of the Public Health Service Act or any successor law that requires the existence of the commission. If such funding is no longer received by the county, the commission shall terminate unless the Board of Supervisors takes action to maintain the commission.

(Ord. No. 2016-27, § 1, 6-28-16)

Subject to Section 2.124.050 regarding the limitation of powers, the duties of the commission shall be limited to the HRSA scope of project as follows:

A. Approving applications related to the HRSA scope of project, including grants and designation applications and other HRSA requests regarding scope of project.

B. Approving the annual HRSA scope of project budget and audit within appropriations made available by the Board of Supervisors and/or the BOT.

C. Long-term strategic planning, which would include regular updating of the HRSA scope of project's mission, goals, and plans, as appropriate.

D. Evaluating the HRSA scope of project's progress in meeting its annual and long-term goals.

E. Determining the hours during which services are provided at HRSA scope of project's sites that are appropriate and responsive to the community's needs.

F. Approving the selection and dismissal of, and evaluating the performance of the HCH director, subject to those limitations on the commission's authority over labor relations and conditions of employment described in the commission's enabling ordinance, which are strictly reserved to the BOT and BOS.

G. Establishing general policies and procedures for the HRSA scope of project that are consistent with the HRSA scope of project and applicable grants management requirements.

H. Developing commission member selection and dismissal procedures.

I. Developing quality improvement system.

J. Developing fee schedules for services, including the sliding fee discount program.

(Ord. No. 2016-27, § 1, 6-28-16)