Kern County Municipal Code Ch. 2.140 County of Kern in-Home Supportive Services Public Authority

A. "IHSS" means in-home supportive services as described in Welfare and Institutions Code Section 12300(a), (b), et seq.

B. "Provider" means a person who provides in-home supportive services to a recipient.

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

D. "County" means the county of Kern.

(Ord. G-6877 § 2 (part), 2002)

Pursuant to Welfare and Institutions Code Section 12301.6, a public authority is established to provide for the delivery of in-home supportive services.

(Ord. G-6877 § 2 (part), 2002)

The name of the public authority shall be the "County of Kern In-Home Supportive Services Public Authority."

(Ord. G-6877 § 2 (part), 2002)

The county of Kern In-Home Supportive Services Public Authority shall be a public entity separate from the county of Kern and shall file statements required by Government Code Section 53051.

(Ord. G-6877 § 2 (part), 2002)

The governing body of the county of Kern In-Home Supportive Services Public Authority is the Kern County board of supervisors.

(Ord. G-6877 § 2 (part), 2002)

The in-home supportive services advisory committee, authorized by the board of supervisors on June 27, 2000, shall be the advisory committee required to comply with Welfare and Institutions Code Section 12301.6. At all times, no fewer than fifty-one percent (51%) of the membership of the advisory committee shall be individuals who are current or past users of personal assistance services paid through public or private funds or recipients of services pursuant to Article 7 of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code. In the event vacancies occur in the original membership of the advisory committee, vacancies shall be filled by individuals who are current or past users of personal care services paid for through public or private funds or recipients of services pursuant to Article 7 of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code. The advisory committee and the director shall present an annual report to the governing body of the public authority.

(Ord. G-6877 § 2 (part), 2002)

The county of Kern In-Home Supportive Services Public Authority shall be a corporate public body, exercising public and essential governmental functions, that has all the powers necessary and convenient to carry out the delivery of in-home supportive services in the county, including the power to contract for services pursuant to Sections 12302 and 12302.1 of the Welfare and Institutions Code, and to make or provide for direct payment to a provider chosen by the recipient for the purchase of services pursuant to Sections 12302 and 12302.2 of the Welfare and Institutions Code.

(Ord. G-6877 § 2 (part), 2002)

Employees of the county of Kern In-Home Supportive Services Public Authority shall not be employees of the county of Kern for any purpose.

(Ord. G-6877 § 2 (part), 2002)

A. The county of Kern In-Home Supportive Services Public Authority shall carry out the following functions:

1. The provision of assistance to recipients in finding in-home supportive services personnel through the establishment of a registry;

2. Investigation of the qualifications and background of potential personnel;

3. Establishment of a referral system under which in-home supportive services personnel shall be referred to recipients;

4. Provide for training for providers and recipients;

5. Perform other functions related to the delivery of in-home supportive services;

6. Ensure 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; and

7. Establish contracts with contracting agencies for the delivery of in-home supportive services when necessary.

B. The public authority may provide for the following functions:

1. Provide payroll services for IHSS individual providers;

2. Require Department of Justice background clearances for IHSS providers on the registry;

3. Provide program oversight to review the work of individual providers; and

4. Provide emergency services when an IHSS recipient's regular service provider is unavailable.

(Ord. G-6877 § 2 (part), 2002)

In order to carry out its functions, the public authority may enter into contracts with the county and other organizations or entities as necessary. Such contracts may include, but are not limited to, contracts for the provision of banking, auditor, payroll, counsel, administrative, emergency in-home supportive services, and other necessary services for the operation of the public authority. Funds necessary to pay for contract services are subject to the budget appropriations processes of the public authority, state and the county.

(Ord. G-6877 § 2 (part), 2002)

The county of Kern in-home supportive services public authority shall be deemed to be the employer of record for collective bargaining purposes of in-home supportive services personnel referred to recipients as provided in paragraph 3 of subdivision (e), within the meaning of Chapter 10 (commencing with § 3500) of Division 4 of Title 1 of the Government Code; provided, nevertheless, that recipients shall retain the right to hire, fire and supervise the work of any in-home supportive services personnel providing services to them.

In order to assure the preservation of the individual provider mode and limit the liability of the public authority, the public authority shall have no authority or jurisdiction to regulate, control or limit the rights and responsibilities of recipients of in-home supportive services 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, assignment and direction of work, methods and standards of care and conduct, discipline, provisions for safety and security, control of premises, and 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 public authority, just as they held such rights and responsibilities prior to the formation of the public authority.

(Ord. G-6877 § 2 (part), 2002)

Recipients of in-home supportive services may select in-home supportive services personnel who are not referred to them by the county of Kern in-home supportive service public authority. Those personnel shall nevertheless be referred to the public authority for the purposes of wages, benefits and other terms and conditions of employment.

(Ord. G-6877 § 2 (part), 2002)

The creation and operation of the county of Kern in-home supportive services public authority shall not alter, require the alteration of or interfere with the state payroll system or other provisions of Welfare and Institutions Code Section 12302.2 for the individual providers of in-home supportive services, or affect the state's responsibility with respect to unemployment insurance or workers' compensation for providers of in-home supportive services. Nor shall the creation and operation of the public authority alter, require alteration of, or interfere with existing county responsibilities to perform eligibility functions, needs assessments and reassessments as required by the provisions of the Welfare and Institutions Code.

(Ord. G-6877 § 2 (part), 2002)

The governing body of the public authority, or its designee, shall appoint and/or contract for such staff as is necessary for the administration and operation of the public authority.

(Ord. G-6877 § 2 (part), 2002)

The public authority shall establish rules and regulations for the employer-employee relations through the adoption of an employer-employee relations resolution. Said resolution shall provide the following:

A. Final adoption of any such agreement negotiated between the public authority and any recognized employee organization shall be made by simple majority of the governing body of the public authority;

B. The chief human resources officer, or their designee, is designated as manager of the labor relations for the public authority for collective bargaining purposes.

(Ord. G-6877 § 2 (part), 2002)

(Ord. No. A-368, § 10, 2-11-20)

The costs and expenses of the county to provide administrative, legal, labor relations and other services to the county of Kern in-home supportive services public authority, and to make payments or provide benefits for the in-home supportive services providers, shall be charged against the funds of the public authority.

(Ord. G-6877 § 2 (part), 2002)

A. The establishment and operation of the public authority or application of Government Code Section 3500, et seq., shall not result in payments from the county's general fund beyond the county's annual appropriation, as amended from time to time, for the public authority, if any, which shall be an absolute limit on the county cost;

B. 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, as amended from time to time. 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, as amended, for any fiscal year shall be an absolute limit on County costs for that fiscal year;

C. The public authority shall adopt its budget under the same laws, rules and policies that control the county budget process.

(Ord. G-6877 § 2 (part), 2002)

The county of Kern in-home supportive services public authority shall be deemed not to be the employer of in-home supportive services personnel referred to recipients under the ordinance codified in this chapter for the purposes of liability due to the negligence or intentional torts of the in-home supportive services personnel.

(Ord. G-6877 § 2 (part), 2002)

The county of Kern in-home supportive services public authority shall not be held liable for any acts or omission of any in-home supportive services personnel whom the public authority did not list on a registry or otherwise refer to a recipient.

(Ord. G-6877 § 2 (part), 2002)

The county of Kern and the state of California shall be immune from any liability resulting from the implementation of Welfare and Institutions Code Section 12301.6.

(Ord. G-6877 § 2 (part), 2002)

A. Any obligation of the county of Kern in-home supportive services 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 Kern or the state of California;

B. The county shall be immune from any liability resulting from its implementation of this chapter and/or administration of the in-home supportive services program pursuant to Welfare and Institutions Code Section 12301.5;

C. 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 an express provision advising the third party that such agreement does not bind the county of Kern;

D. The public authority shall require any and all third parties contracting with the public 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 and the governing body as an additional insured.

(Ord. G-6877 § 2 (part), 2002)

Without limiting its indemnification of the county as set forth below, the public authority shall require and maintain appropriate insurance in amounts and coverage types to be determined by the county's risk manager to be adequate, and shall name the county and the members of the board of supervisors as additional insured on any policies of insurance maintained by the public authority. Evidence of such insurance shall be provided to the county's risk manager within thirty (30) days of procurement.

(Ord. G-6877 § 2 (part), 2002)

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 public authority.

(Ord. G-6877 § 2 (part), 2002)

By repeal of this chapter, the board of supervisors may terminate the county of Kern in-home supportive services public authority.

(Ord. G-6877 § 2 (part), 2002)