Del Norte County Municipal Code § 2.38 In-Home Support Services Public Authority 2.38.10 Finding And Purpose 2.38.20…

The Board of Supervisors of the County of Del Norte determines that the establishment of a public authority whose powers are derived from and consistent with the provisions of Welfare and Institutions Code sections 12301.6 and 12302.25 is appropriate for the provision of in-home supportive services in Del Norte County. As more fully described below, the public authority shall serve as the employer of record of providers of in-home supportive services for purposes of the Meyers-Milias-Brown Act in accordance with the requirements of state law set forth in Government Code sections 3500, et. seq.

(Ord. 2002-011 § 2 (part), 2002)

The following definitions apply for purposes of this Chapter:

1. "IHSS" means in-home supportive services as described in Welfare and Institutions Code sections 12300 et. seq.

2. "Contract mode" means the state-sanctioned service delivery system for IHSS hereby the County contracts with a home care vendor to provide IHSS authorized services. Under this mode, employees of the contractor provide authorized IHSS services.

3. "Individual provider mode" means the state-sanctioned provider mode whereby the IHSS consumer selects, hires, schedules, trains, and supervises a home care provider of his or her own choosing.

4. "Provider" means a person who provides in-home supportive services to a recipient using the independent provider mode. For purposes of this chapter, "Provider" does not mean a person who provides in-home supportive services under the IHSS contract mode.

5. "Recipient" means a person eligible and authorized to receive in-home supportive services under Welfare and Institutions Code sections 12300 et. seq.

6. "County" means the County of Del Norte.

7. "Public Authority" means the In-Home Supportive Services Public Authority of the County of Del Norte which is created by this ordinance.

8. "Registry" means the system developed and maintained to provide IHSS recipients with names of available providers according to their stated preferences.

9. "Employer of Record" means the Public Authority in its capacity of employer of IHSS independent providers, within the meaning of Government Code sections 3500 et. seq. of Chapter 10, Division 4, Title 1 (Meyers-Milias-Brown Act).

(Ord. 2002-011 § 2 (part), 2002)

1. Authority and Purpose. Pursuant to Welfare and Institutions Code sections 12301.6 and 12302.25, the Del Norte County Board of Supervisors establishes a public authority to provide for the delivery of inhome supportive services. The Board of Supervisors hereby designates itself as the governing body of the Public Authority.

   2. Name. The name of the public authority shall be the In-Home Supportive Services Public Authority of the County of Del Norte.

   3. Separate Entity. The In-Home Supportive Services Public Authority of the County of Del Norte shall be a public entity separate from the County of Del Norte and shall file the statements required by Government Code section 53051.

   4. Advisory Committee. Pursuant to Welfare and Institutions Code sections 12301.3 and 12301.6, the Board of Supervisors shall appoint an advisory committee. Such advisory committee shall consist of six individuals, with no fewer than three of said members being current or past users of personal assistance services paid for through public or private funds, or recipients of services under this article. Members of the advisory committee shall include individuals who are current or past users of personal assistance services paid for through public or private funds, or recipients of services under Article 7 of Part 3 of Division 9 of the Welfare and Institutions Code.

• (Ord. 2002-011 § 2 (part), 2002)

1. Character of Authority. The Public Authority shall be a corporate public body, exercising public and essential governmental functions, that has all the powers necessary or convenient to carry out the delivery of IHSS in Del Norte County, and all powers and functions ascribed to a public authority for IHSS at Welfare and Institutions Code sections 12300 et. seq.

2. Public Authority Functions. The Public Authority shall carry out the following functions:

   1. The provision of assistance to recipients in finding IHSS providers through the establishment of a registry pursuant to operational policies approved by its governing body.

   2. Investigation of the qualifications and background of potential IHSS providers on registry.

   3. Establishment of a referral system under which IHSS recipients are assisted in identifying and selecting providers.

   4. Provide for training for providers and recipients or inform providers and recipients of other available training. However, the Public Authority is not obligated to provide training directly, to pay for training provided privately or in the community, to pay providers for the time spent training, or to pay for any materials required by the training. The Public Authority is not obligated to screen or be responsible for the content of any training it informs providers or recipients is available in the community. The Public Authority is not obligated to ensure that any provider or recipient attend or complete any training.

   5. Performing other functions related to the delivery of IHSS as directed by the Board of Supervisors, or as required by governing law.

   6. Ensuring that the requirements of the personal care option pursuant to Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code are met.

3. Eligibility Determination for IHSS Recipients. The Public Authority powers do not include responsibility for authorizing services for an IHSS recipient determining a recipient's need for IHSS the level and quality of services required and the eligibility of individuals to be served conducting the initial or any subsequent assessment of the need for services or terminating the recipient's participation in the IHSS program. The above referenced services and functions shall be the exclusive responsibility of the County of Del Norte.

(Ord. 2002-011 § 2 (part), 2002)

1. The Public Authority shall be deemed to be the employer of record of IHSS providers within the meaning of Chapter 10 (commencing with section 3500) of Division 4 of Title 1 of the Government Code, commonly known as the Meyers-Milias-Brown Act. Nothing in these enumerated powers shall be construed to limit or interfere with the rights of IHSS recipients to hire, fire, with or without cause, and supervise the work of any person providing services to them.

2. The Public Authority shall have no authority or jurisdiction to regulate, control, or limit the rights and responsibilities of recipients of IHSS to hire, fire, or supervise providers. The right to supervise includes, but is not limited to, the right to determine matters such as work schedules, tasks and duties, assignments and direction of work, methods and standards of care and conduct, discipline, provisions for safety and security, control of premises, any in-home living or other accommodations, and final resolution of concerns, problems, and complaints relating to such supervision. Recipients retain such rights and responsibilities independent of the Authority, just as they held such rights and responsibilities independent of the County prior to the formation of the Public Authority.

(Ord. 2002-011 § 2 (part), 2002)

Recipients may select IHSS providers who are not on the Registry. Those providers shall nevertheless be referred to the Public Authority for the purposes of wages, benefits, and other terms and conditions of employment.

(Ord. 2002-011 § 2 (part), 2002)

The creation and operation of the Public Authority shall not alter, require the alteration of, or interfere with the state payroll system and other provisions of Welfare and Institutions Code section 12302.2 for individual providers of IHSS, or affect the State's responsibility with respect to unemployment insurance or workers compensation for providers of IHSS.

(Ord. 2002-011 § 2 (part), 2002)

The Director of the Del Norte County Department of Health and Social Services is designated the authority to utilize County employees and/or contract for these services as deemed necessary by the Public Authority, to carry out the purposes of the Public Authority including, but not limited to, legal and financial services, technical support, and labor relations. The Public Authority shall, at least quarterly, reimburse the County for any and all staffing and services costs.

(Ord. 2002-011 § 2 (part), 2002)

1. The Board of Supervisors shall adopt rules and regulations for administration of employer-employee relations. The Board of Supervisors shall adopt an employer-employee relations policy relating to IHSS providers.

2. The County Administrative Officer or designee is authorized to act as manager of labor relations for the Public Authority.

3. The Public Authority shall establish rules and regulations respecting the labor relations responsibilities of the Authority.

(Ord. 2002-011 § 2 (part), 2002)

The costs and expenses of County to provide administrative, legal, labor relations, and other services to the Public Authority, and to make payments to or provide benefits for IHSS providers, shall be charged against the funds of the Public Authority. The County is not required to make contributions to the IHSS program in excess of those required by law.

(Ord. 2002-011 § 2 (part), 2002)

1. The establishment and operation of the Public Authority or application of Government Code sections 3500 et. seq. shall not result in payments from County's general fund beyond the County's annual appropriation for the Public Authority, if any, which shall be an absolute limit on County cost.

2. The total of all operating costs, wages, and benefits proposed or established by the Public Authority shall be consistent with the provisions of the County budget. The Public Authority shall not establish a payment rate, including costs of wages, benefits, and operation until the Public Authority determines that the funds necessary for the payment rate are legally available. The annual appropriation for the Public Authority, if any, contained in the County's fiscal budget for any fiscal year shall be an absolute limit on County cost for that fiscal year.

3. The Public Authority shall adopt its budget under the same laws, rules, and policies that control the County budget process.

4. The Public Authority shall have no authority to agree to or approve any collective bargaining or other agreement that requires an increase in wages or benefits unless there is a state and federal match for such increases or County had expressly budgeted for same. Services shall not be reduced in order to fund the Public Authority or implementation of Government Code sections 3500 et. seq.

5. The maximum amount of County funds available in any given budget year for the wage and benefit negotiations, if any, shall be set by the Board of Supervisors as part of the County's annual budget. While the establishment of this figure shall not obligate the County, it shall serve as the absolute limit to County costs for any increases negotiated in collective bargaining taking place that fiscal year. The absolute cap on annual County spending on wage or benefit increases shall not be affected by any changes in state or federal reimbursement rates.

(Ord. 2002-011 § 2 (part), 2002)

1. Employees of the Public Authority shall not be employees of the County of Del Norte for any purpose.

2. The Public Authority shall not be deemed to be the employer of IHSS providers under this ordinance for purposes of liability due to the negligence or intentional torts of the IHSS providers.

3. Any obligation of the Public Authority, whether statutory, contractual, or otherwise shall be the obligation solely of the Public Authority and shall not be the obligation of the County of Del Norte or the State of California.

4. The Public Authority shall not be held liable for any act or omission of any provider whom the Public Authority did not list on its registry or otherwise refer to a recipient.

5. The County shall be immune from any liability resulting from its implementation of this chapter and/or administration of the IHSS program pursuant to Welfare and Institutions Code section 12301.6.

6. Any and all contracts, leases, or other agreements of any nature, including collective bargaining agreements between the Public Authority and third parties other than the County shall contain the following statement: "The Authority is an independent legal entity separate and apart from the County of Del Norte. The Authority has no power to bind the County to any contractual or legal obligations, nor may the obligees of the Authority seek recourse against the County of Del Norte for any financial or legal obligation of the Authority."

7. The Public Authority shall require any and all third parties contracting with the Authority to indemnify and hold harmless the Public Authority, to provide the Public Authority with written acknowledgment of such indemnification, and to maintain adequate levels of insurance, as determined by the County's Risk Manager, naming the Public Authority as an additional insured.

8. Without limiting its indemnification of the County as set forth below, the Public Authority shall acquire and maintain appropriate insurance in amounts and coverage types to be determined by the County's Risk Manager.

9. The Public Authority shall indemnify, defend, and hold harmless the County and its special districts, elected and appointed officers, employees, and agents from and against any and all liability, including defense costs and legal fees, and claims for damages of any nature whatsoever, including but not limited to, personal injury or property damages arising from or connected with any act or omission of any officer or employee of the Authority.

(Ord. 2002-011 § 2 (part), 2002)

If any provision of this ordinance or the application of any provision of this ordinance as to any person or circumstance is held invalid, that invalidity shall not affect any other provision or application of this ordinance, which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are expressly made severable.

(Ord. 2002-011 § 2 (part), 2002)

By repeal of this chapter, the Board of Supervisors may terminate the Public Authority.

(Ord. 2002-011 § 2 (part), 2002)