Napa County Municipal Code Ch. 2.58 In-Home Supportive Services Public Authority of Napa County

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

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

"IHSS authority" means the In-Home Supportive Services Public Authority of Napa County.

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

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

(Ord. 1277 § 1 (part), 2006)

Pursuant to Welfare and Institutions Code Section 12301.6 the board of supervisors establishes a public authority to facilitate and provide for the delivery of in-home supportive services. The public authority shall serve as the employer of record for providers of in-home supportive services to the aged, blind and disabled of Napa County for purposes of the Meyers-Milias-Brown Act pursuant to Welfare and Institutions Code Section 12301.6(c)(1). The name of the public authority shall be the In-Home Supportive Services Public Authority of Napa County ("IHSS authority"). The IHSS authority shall be a public entity separate from the county and shall file in its own name the statement required by Government Code Section 53051.

(Ord. 1277 § 1 (part), 2006)

The governing body of the IHSS authority shall be the Napa County board of supervisors.

(Ord. 1277 § 1 (part), 2006)

The IHSS authority shall procure staffing services through Napa County.

(Ord. 1277 § 1 (part), 2006)

The governing board of the IHSS authority shall appoint an advisory committee to the IHSS authority. The advisory committee shall consist of nine individuals, provided that no fewer than fifty percent of the members of the advisory committee shall be persons 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. The IHSS Advisory Committee's role shall be to provide advice and recommendations regarding in-home supportive services to the governing body of the IHSS authority.

(Ord. 1277 § 1 (part), 2006)

(Ord. No. 1368, § 1, 12-13-2011)

Except as expressly otherwise provided in this chapter, county employees shall not be employed by, or deemed to be employees of, the IHSS authority in any capacity.

(Ord. 1277 § 1 (part), 2006)

A. The employer-employee relations policy of the IHSS authority, dated August 2, 2002, or any succeeding policy, shall be applicable to the labor relations responsibilities of the IHSS authority.

B. The IHSS authority shall have a non-strike clause in any and all collective bargaining agreements with providers and employees of the IHSS authority. The non-strike clause shall continue at least one year beyond the other provisions of any and all collective bargaining agreements.

C. Any collective bargaining agreement reached between the IHSS authority and any labor organization certified to represent providers shall be subject to the limitations 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 votes cast in a ballot in which all eligible providers, as defined by the IHSS authority, shall be qualified to participate. Final adoption of any such agreement shall be by simple majority of the governing board of the IHSS authority.

D. The human resources division of the office of the county executive officer is designated as manager of labor relations for the IHSS authority.

(Ord. 1277 § 1 (part), 2006)

The IHSS 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 in-home supportive services within the county of Napa, 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. 1277 § 1 (part), 2006)

The IHSS authority shall carry out the following functions:

A. Provide assistance to recipients in finding in-home supportive services personnel through the establishment of a registry;

B. Investigate the qualifications and background of potential in-home supportive services personnel;

C. Establish a referral system under which in-home supportive services personnel shall be referred to recipients;

D. Provide training for providers and recipients, except that the IHSS authority shall not be obligated to provide training directly, to pay for training provided privately or in the community, to pay providers for the time spent in training, to accompany recipients to training, to pay for transportation to training, or to pay for any materials required by the training. The IHSS 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 IHSS authority is not obligated to ensure that any provider or recipient attends or completes any training;

E. Perform other functions and duties related to the delivery of in-home supportive services as prescribed by statute, the board of supervisors, and the IHSS authority board;

F. 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;

G. Serve as the employer of record of in-home supportive services personnel.

(Ord. 1277 § 1 (part), 2006)

A. Except as otherwise provided in this chapter, the IHSS authority shall be deemed to be the employer of record for the in-home supportive services personnel referred to recipients, within the meaning of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code.

B. In order to assure the preservation of the individual provider mode and to limit the liability to the IHSS authority, recipients retain the right to select, terminate, and supervise the work of any in-home supportive services personnel providing services to them, and the IHSS authority shall have no authority or jurisdiction to regulate, control, or limit such rights and responsibilities of the recipients. 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. The retention by the recipients of such rights and responsibilities independent of the IHSS authority shall be equivalent to the retention by the recipients of such rights and responsibilities independent of the county prior to the formation of the IHSS authority.

(Ord. 1277 § 1 (part), 2006)

Recipients of in-home supportive services may select in-home supportive services personnel who are not referred to them by the IHSS authority, but following such selection shall refer such personnel to the IHSS authority for the purpose of wages, benefits, and other terms and conditions of employment.

(Ord. 1277 § 1 (part), 2006)

The creation and operation of the IHSS 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 in-home supportive services, or affect the state's responsibility with respect to unemployment insurance or worker's compensation for providers of in-home supportive services.

(Ord. 1277 § 1 (part), 2006)

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

B. The establishment and operation of the IHSS 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 for the IHSS authority, if any, which shall constitute an absolute limit on such county costs and payments.

C. The IHSS authority shall adopt its budget under the same laws, rules and policies which control the county costs and payments.

D. The IHSS authority shall not have the 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 or federal match for such increases.

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

F. The maximum amount of county funds available to the IHSS authority 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 by the IHSS authority in collective bargaining taking place that fiscal year. The absolute cap on annual county spending on such wage or benefits increases shall not be affected by any potential changes in state or federal reimbursement rates.

(Ord. 1277 § 1 (part), 2006)

A. No Employer Liability for Torts of Referred Providers or Personnel. For purposes of liability due to the negligence or intentional torts of the in-home supportive services personnel, the IHSS authority shall be deemed not to be the employer of in-home supportive services providers or personnel referred to recipients under the authority of this chapter.

B. No Liability for Acts or Omissions of Non-Referred Providers or Personnel. The IHSS authority shall not be held liable for any action or omission of any in-home supportive services provider or personnel whom the authority did not list on a registry or otherwise refer to a recipient.

C. No County Liability. The county of Napa and the state of California shall be immune from any liability resulting from the implementation of Welfare and Institutions Code Section 12301.6 or any provision of this chapter. All contracts, leases, or other agreements of any nature, including collective bargaining agreements, between the IHSS authority and third parties other than the county shall contain an express provision advising the third party that the IHSS authority is a separate governmental entity and that such agreement does not bind the county.

D. IHSS Authority Liability. Any obligation of the IHSS authority, whether statutory, contractual, or otherwise, shall be the obligation solely of the IHSS authority and shall not be the obligation of the county or of the state of California.

E. Indemnification and Insurance Required of Contractors. The IH SS authority shall require any and all third parties contracting with the IHSS authority to indemnify and hold harmless the IHSS authority, to provide the IHSS authority with written acknowledgement of such indemnification, and to maintain adequate levels of insurance, as determined by the county's risk manager, naming the IHSS authority as an additional insured.

F. Indemnification by IHSS Authority. The IHSS authority shall indemnify, defend and hold harmless the county and its special districts, elected and appointed officers, employees, volunteers 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, employee or agent of the IHSS authority.

G. Liability Insurance of the IHSS Authority. The IHSS authority shall acquire and maintain appropriate insurance in amounts and coverage types to be determined by the county's risk manager to be adequate. Such insurance policies shall name the county and the members of the board as additional insureds. Evidence of such insurance shall be provided to the county's risk manager within thirty days of procurement.

(Ord. 1277 § 1 (part), 2006)

If any section of this chapter, or the application of such section to any person or circumstance, is held invalid, each and every of said provisions of this chapter shall not be deemed severable from the provisions of this chapter establishing the IHSS authority, and this chapter shall be held invalid in its entirety.

(Ord. 1277 § 1 (part), 2006)