Los Angeles County Municipal Code Ch. 3.45 Personal Assistance Services Council (pasc)

A.

"IHSS" means in-home supportive services as set out in Welfare and Institutions Code Section 12300 et. seq.

B.

"PASC" means the public authority established by this chapter pursuant to Welfare and Institutions Code Section 12301.6.

C.

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

D.

"Recipient" means a person eligible for and authorized to receive in-home supportive services.

(Ord. 97-0053 § 1 (part), 1997.)

Pursuant to Welfare and Institutions Code Section 12301.6 there is created a public authority to provide for the delivery of IHSS, which shall be known as the personal assistance services council (PASC).

(Ord. 97-0053 § 1 (part), 1997.)

The purpose of the PASC is to develop and implement a comprehensive approach to improve IHSS, including providing assistance in finding providers for the IHSS program through the establishment of a central registry, and related functions, and to perform any other functions as may be necessary for the operation of the PASC, or related to the delivery of IHSS in the county, subject to all applicable federal and state laws and regulations, and to the limitations set forth in this chapter.

(Ord. 97-0053 § 1 (part), 1997.)

A.

The PASC shall be an entity separate from the county and shall file the statement required by Government Code Section 53051.

B.

The PASC shall be a corporate public body, exercising public and essential governmental functions with all powers necessary or convenient to carry out the delivery of IHSS, including the power to contract for services pursuant to Welfare and Institutions Code Sections 12302 and 12302.1, subject to any limitations set forth in this chapter. The PASC may contract with third parties or the county to carry out its duties under this chapter.

(Ord. 97-0053 § 1 (part), 1997.)

A.

The governing body of the PASC shall consist of 15 members, at least 51 percent of which are current or past recipients of IHSS pursuant to Welfare and Institutions Code Section 12300 et. seq.

B.

Each supervisor shall nominate two candidates for appointment to the governing body, at least one of which shall be a current or past recipient of IHSS pursuant to Welfare and Institutions Code Section 12300 et. seq. The director of the department of public social services shall nominate five candidates for appointment to the governing body at least three of which shall be current or past recipients of IHSS services pursuant to Welfare and Institutions Code Section 12300 et. seq. All members shall be appointed by the board of supervisors, which shall be referred to in this chapter as the board.

C.

No member of the board or employee of the county shall be appointed to the governing body.

D.

Prior to making appointments to the governing body, the board shall solicit recommendations of qualified members 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. Following the initial establishment of the PASC governing body, the board shall attempt to fill vacancies within 90 days.

E.

At its first meeting, the governing body shall classify its members by lot, so that one-third of the members receive an initial one-year term, one-third receive an initial two-year term, and one-third receive an initial three-year term. The process shall be devised so that no members nominated by any one supervisor receive terms ending at the same time. After the initial term, the term of each member shall be three years. Members who serve for a specified term may be reappointed, but no member may serve for more than two consecutive full three-year terms. Each member of the governing body shall serve at the pleasure of the board.

(Ord. 97-0053 § 1 (part), 1997.)

A.

The PASC shall preserve the individual provider mode of service for recipients of IHSS and shall ensure that recipients retain the unconditional and exclusive right to hire, fire and supervise the work of their providers.

B.

In order to both assure the preservation of the individual provider mode and limit the liability of the PASC, the PASC shall have no authority or jurisdiction to regulate, control, or limit the rights and responsibilities of recipients of in-home services to hire, fire, and supervise providers. The right to supervise includes the right to determine in-home 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, in-home living accommodations, and final resolution of problems and complaints relating to such supervision. The recipients retain such rights and responsibilities independent of the PASC, just as they held such rights and responsibilities independent of the county prior to formation of the PASC. Provided, that nothing in this section is intended to preclude the PASC from developing standards of care or service or of worker safety and health, or from offering or coordinating services (such as registry services, mediation/ombudsman services, educational/training services, and transportation services), as long as any such standards or services are voluntary and advisory as to recipients. Provided further, that nothing in this chapter is intended to preclude the PASC from negotiating organizational security agreements or from determining the level of providers' compensation, including wages and benefits within the limits of Section 3.45.140.

(Ord. 97-0053 § 1 (part), 1997.)

A.

The PASC shall be the employer of IHSS providers within the meaning of Government Code Section 3500 et. seq. with the exception of job security and any other employment right which would limit the recipients' unconditional and exclusive right to hire, fire and supervise their providers.

B.

Providers, members of the governing body and any and all other employees of the PASC shall not, because of those designations, be deemed to be employees of the county for any purpose.

C.

The PASC shall not be deemed to be the employer of IHSS providers for purposes of liability due to the negligent or intentional torts of the IHSS providers.

D.

Due to the special and critical health-care services provided through the IHSS program, the board hereby finds that any interruption of such services would pose an imminent threat to the health and safety of the recipients of IHSS services and to the community. In order to minimize the likelihood of such interruption and thereby protect the health and safety and to promote harmony and productive labor relations between the PASC and any labor organization which seeks to represent or represents the providers of services to recipients of IHSS services:

The PASC shall take all legal action necessary to bar any strike or other concerted interruption of services to IHSS recipients;

A showing of interest by at least 10 percent of the unit of providers of services to IHSS recipients, as defined by the PASC, shall be a sufficient showing of interest for any labor organization to initiate any election or representation procedures established by the PASC for the purpose of certifying an exclusive representative for purposes of collective bargaining;

The PASC shall have a nonstrike clause in any and all collective bargaining agreements with providers and personnel of the PASC. The nonstrike clause shall continue at least one year beyond the other provisions of any and all collective bargaining agreements;

Any collective bargaining agreement reached between the PASC and any labor organization certified to represent providers of IHSS services shall be subject to the limitation of this chapter and to ratification in its entirety (i.e., all provisions of such agreements shall be subject to the same vote) by a simple majority of the votes cast in a ballot in which all providers of IHSS services, as defined by the PASC, shall be eligible to participate. Final adoption of any such agreement shall be by a simple majority vote of the PASC board.

(Ord. 97-0053 § 1 (part), 1997.)

The county shall determine recipient eligibility for IHSS and shall determine the number of hours of service each eligible recipient shall receive. The county and the PASC shall not reduce authorized hours of service to recipients in order to fund the PASC, fund wage and/or benefit increases to providers, or implement Government Code Section 3500 et. seq.

(Ord. 97-0053 § 1 (part), 1997.)

Pursuant to Welfare and Institutions Code Section 12301.6, the PASC shall provide for the following functions:

A.

Establishment of a registry to provide assistance to recipients in finding IHSS personnel;

B.

Investigation of the qualifications and background of potential providers listed in the registry, including local summary criminal history information or other criminal record or Department of Justice record which the PASC is authorized to access. At a minimum, the PASC shall not place on the registry any person who it knows to have convictions related to violence, sexual misconduct, or theft unless there is evidence that such criminal conduct will not be repeated;

C.

As part of the registry, establishment of a referral system under which potential providers are made known to recipients;

D.

Providing for access to training for providers and recipients. The PASC shall not be obligated to provide training directly, to pay for training provided in the community, to pay for the providers' time to attend training or to accompany the recipient to training, to pay for transportation to training or to pay for any materials required by the training. The PASC is further not obligated to screen or be responsible for the content of any training it tells providers and/or recipients is available in the community or to ensure that any provider or recipient attend or complete any training;

E.

Ensuring 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;

F.

Performing any other functions related to the delivery of IHSS.

(Ord. 97-0053 § 1 (part), 1997.)

The PASC 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 acts of active negligence, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including but not limited to personal injury, or property damage arising from or connected with any act or omission of any officer or employee of the PASC. The PASC shall provide an acknowledgment of such indemnification in writing to the county.

(Ord. 97-0053 § 1 (part), 1997.)

Without limiting its indemnification of the county, the PASC shall maintain insurance in an amount determined to be adequate by the county's risk manager and shall name the county as an additional insured. Evidence of such insurance shall be provided to the county's risk manager within 30 days of the execution of the agreement between the PASC and the county, and shall be regularly provided thereafter.

(Ord. 97-0053 § 1 (part), 1997.)

A.

Any obligation or legal liability of the PASC, whether statutory, contractual or otherwise, shall be the obligation or liability solely of the PASC and shall not be the obligation or liability of the county.

B.

The PASC shall not be held liable for action or omission of any IHSS provider whom the PASC did not list on its registry or otherwise refer to a recipient.

C.

The county shall be immune from any liability resulting from its implementation of this chapter and/or Welfare and Institutions Code Section 12301.6 in the administration of the IHSS program.

D.

All contracts, leases or other agreements of any nature, including collective bargaining agreements, between the PASC and third parties other than the county shall contain an express provision advising the contractor that the PASC is a separate governmental entity and that such agreement does not bind the county.

E.

The PASC shall require any and all third parties it contracts with other than the county to indemnify the PASC, to provide the PASC with written acknowledgment of such indemnification and to maintain adequate levels of insurance naming the PASC as an additional insured.

F.

The PASC shall require any registry contractor to meet the requirements of subsection E, above, and to fully indemnify Los Angeles County and provide that Los Angeles County is an additional named insured on their required policies.

(Ord. 97-0053 § 1 (part), 1997.)

Prior to initiating delivery of IHSS through the PASC, the county and the PASC shall enter into an agreement specifying the purposes, scope or nature of the agreement, the roles and responsibilities of each party including provisions which ensure compliance with all applicable state and federal labor laws, and compliance with all statutory and regulatory provisions applicable to the delivery of IHSS. The agreement shall further specify the fiscal provisions under which the public authority shall be reimbursed for its performance under the agreement.

(Ord. 97-0053 § 1 (part), 1997.)

A.

The IHSS program is a federal and state funded program with differing levels of required county matching funds. The establishment and operation of a PASC 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 for the PASC, if any, which shall be an absolute limit on county cost.

B.

The PASC shall utilize all available start-up funds pursuant to Welfare and Institutions Code Section 14132.95 and shall seek to maximize the benefit of any available new or increased noncounty matching federal or state funds or other available grant

or foundation funds.

C.

The total of all operating costs, wages and benefits proposed or established by the PASC shall be consistent with the provisions of the county budget. The PASC shall not establish a payment rate, including the costs of wages, benefits and operation, until the governing body of the PASC determines the funds necessary for the payment rate are legally available at no increase to county's general fund unless new revenue is identified to offset the increase to the payment rate. The annual appropriation for the PASC, if any, contained in the county's final budget for any fiscal year, shall be an absolute limit on county cost for that fiscal year.

D.

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

E.

The PASC shall not spend funds or contractually or otherwise obligate funds in excess of the limits of its budget as set out in this chapter.

F.

Collective bargaining agreements shall limit all cost and economic provisions including but not limited to, wages, benefits, and other operational costs to be effective only to the extent they neither require an increase in net county cost nor cause or result in a decrease in service hours in order to fund such costs and economic provisions. The PASC shall not have the authority to agree to or approve any collective bargaining or other agreement that either requires an increase in net county cost or causes or results in a decrease in service hours in order to fund such costs and economic provisions.

(Ord. 97-0053 § 1 (part), 1997.)

The PASC shall submit annually a report to the board of supervisors detailing its functions, evaluating its operation for that year and detailing any specific goals and objectives for the coming year and its plan for meeting those goals and objectives. If, for any coming year, the PASC intends to expand its duties, the PASC shall present a detailed plan and budget for the implementation of that expansion of duties.

(Ord. 97-0053 § 1 (part), 1997.)

By repeal of this chapter, the board of supervisors may abolish the PASC.

(Ord. 97-0053 § 1 (part), 1997.)

By establishing a PASC, the county is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Ord. 97-0053 § 1 (part), 1997.)

A.

If any section of this chapter, or the application of any such section to any person or circumstance, is held invalid, each and any of said provisions of this chapter shall not be deemed severable from the provisions of the ordinance codified in this

chapter establishing the PASC, and this chapter shall be held invalid in its entirety.

B.

If at any time in the opinion of the director of the department of public social services the PASC has violated any provision of this chapter, and the director provides the PASC with written notice of such violation, the PASC shall have 30 days to correct such violation. If the director of the department of public social services determines that the PASC has not corrected the violation within the 30 days, upon the giving of notice of such a determination to the PASC and to the board of supervisors, this chapter shall immediately become invalid in its entirety.

C.

If this chapter becomes invalid under either subsection A or B of this section, the PASC created by this chapter shall cease to exist, and the county shall immediately resume the provision of IHSS as it was so provided prior to the adoption of this chapter.

(Ord. 97-0053 § 1 (part), 1997.)