Alameda County Municipal Code Ch. 2.106 Public Authority for in-Home Supportive Services

Pursuant to Welfare and Institutions Code Section 12301.6, the board of supervisors hereby establishes a public authority to provide for the delivery of in-home supportive services. The board of supervisors hereby designates itself as the governing body of the public authority.

(Ord. 93-81 § 1)

Pursuant to Welfare and Institutions Code Section 12301.6, the Board of Supervisors established the advisory committee on in-home supportive services ("advisory committee") through Ordinance No. 93-81. Pursuant to Welfare and Institutions Code Section 12301.4, the Advisory Committee shall provide ongoing advice and recommendations regarding in-home supportive services ("IHSS") to the Board of Supervisors, any administrative body in the county that provides delivery and administration of IHSS, and the Alameda County Public Authority for In-Home Supportive Services.

2.106.020.1 Composition. The advisory committee shall consist of no more than eleven (11) voting members appointed in the following manner:

A. Consumer Members: Six of the voting members shall be individuals who are current of past users of personal care assistance services paid through public or private funds or as IHSS recipients/consumers. Of these six members, three members shall be under the age of sixty-five (65) and three members shall be sixty-five (65) years or older.

B. Provider Members: Two voting members shall be a current or former IHSS provider as defined in Welfare and Institutions Code Section 12301.3(a)(4). If these two members, one shall be a provider employed by a family member and one shall be a provider employed by an unrelated IHSS consumer.

C. General Members:

1. Two voting members shall have experience of working to improve the condition of IHSS consumers. Of these two members, one shall have experience as an advocate for elderly/senior rights and one member shall have experience as an advocate for persons with disabilities.

2. One voting member shall have knowledge or experience in any of the following topics: Legal, financial, public relations, or local/state government operations.

D. Alternate Members: Two past or present IHSS consumer shall be appointed as alternate members who are expected to attend all meetings of the advisory committee. Alternate members are not voting members unless they are filling in at a meeting for one of the six Consumer Members.

E. Ex Officio Member: The director of the county department of aging and adult services, or his/her designee, shall serve as an ex officio member.

2.106.020.2 Appointments. The Board of Supervisors/governing body of the public authority ("board") shall appoint members of the advisory committee by a majority vote of the board. Prior to selecting the members, the board shall solicit recommendations from the members of the board or advisory committee through a fair and open process that includes the provision of reasonable, written notice to, and a reasonable response time by, members of the general public and interested persons and organizations. All applications must complete an application form.

2.106.020.3 Term. Each advisory committee member shall be appointed to serve a two-year term. No member may serve more than four terms or a maximum of eight years, whether the four terms are consecutive or non-sequential terms. If the member's first term is an appointment of one year or less to fill a position vacated in mid-term, that first year or less shall not be counted in the term limit of eight years.

2.106.020.4 Quorum. The quorum shall be the number of members equal to or greater than fifty-one (51) percent of the appointed voting members of the advisory committee. A quorum of the subcommittees shall be the number of members equal to or greater than fifty-one (51) percent of the appointed members of the subcommittee.

2.106.020.5 Meetings. The advisory committee shall hold regular meetings four times a year, during each calendar quarter, pursuant to the Brown Act.

2.106.020.6 Bylaws. The board may adopt, amend, or repeal the bylaws of the advisory committee. The advisory committee may make recommendations to amend the bylaws with a two-thirds vote of the advisory committee members present at a meeting where a quorum is present. Amendments shall take effect on the date the board approves the amendments.

(Ord. 93-81 § 2)

(Ord. No. 2018-62, § 1, 12-4-18; Ord. No. 2023-18, 5-9-23)

A. Neither the establishment of the public authority nor the application of Government Code Section 3500 et seq. shall replace or diminish the consumer's rights to select, direct, hire, and dismiss their in-home workers. Accordingly, job security and other employment rights that would limit the foregoing rights of the consumers shall not be extended to the workers.

B. The in-home supportive services program is a federal and state categorically funded program with differing levels of required county matching funds. The establishment of the public authority or application of Government Code Section 3500 et seq. shall not result in match payments from the county's general fund beyond the mandated levels. However, the public authority has the power to use new or increased nonmatch funds to implement the RWG recommendations.

C. Services shall not be reduced in order to fund the public authority or the implementation of Government Code Section 3500 et seq.

D. In-home workers shall be entitled to all of the rights conferred upon them by the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.), including the right to be represented in their employment relationships with the public authority by an employee organization of their choice and the right to meet and confer with the public authority with regard to job security.

(Ord. 93-81 § 3)

The social services agency is delegated by the Board of Supervisors the power to select and terminate a public authority executive director. The social services agency director, or his/her designee, will solicit input from the advisory committee on the selection of the public authority executive director. The social services agency director, or his/her designee, shall provide general supervision and policy direction to the public authority executive director. The social services agency director, or his/her designee, shall select and terminate any subordinate staff necessary for the administration and operation of the public authority.

(Ord. No. 2017-38, 9-26-17)