Orange County Municipal Code Art. 3 Authority Administration

The Executive Director of the Authority shall be appointed by the Governing Body or its designee. Additional staff of the Authority shall be approved by the Governing Body or its designee.

(Ord. No. 02-001, § 1, 2-5-02)

The Orange County In-Home Supportive Services Authority Employee Relations Resolution (Board of Supervisors' Resolution No._______), or any succeeding such resolution, shall be applicable respecting the labor relations responsibilities of the Authority, provided, nevertheless:

1. A showing of interest of at least twenty (20) percent of the eligible providers, as defined by the Authority, shall be sufficient showing of interest for any labor organization to initiate any election or representation procedures established by the Authority for the purposes of certifying an exclusive representative for purposes of collective bargaining. The twenty (20) percent showing will represent the minimum required proof of support to call for a representation election. Should a labor organization submit at least twenty (20) percent but less than thirty (30) percent proof of eligible providers support, such representation election shall not be considered valid and no certification will result therefrom unless at least thirty (30) percent of the eligible providers entitled to participate in said representation election will have cast their votes; or

2. If a labor organization demonstrates proof of support by a showing of at least thirty (30) percent of the eligible providers within the proposed unit, which shall represent the maximum required proof of support to call for a representation election under these procedures. Should a labor organization submit thirty (30) percent proof of eligible providers support, there shall be no minimum level of eligible voter participation required in said representation election.

3. The Authority shall have a nonstrike clause in any and all collective bargaining agreements with providers and personnel of the Authority. The nonstrike clause shall continue at least one (1) year beyond the other provisions of any and all collective bargaining agreements.

4. Any collective bargaining agreement reached between the 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 Authority, shall be qualified to participate. Final adoption of any such agreement shall be by simple majority of the Governing Body.

5. The County Office of Human Resources is designated as manager of labor relations for the Authority.

(Ord. No. 02-001, § 1, 2-5-02)

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

(Ord. No. 02-001, § 1, 2-5-02)

1. The establishment and operation of the 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 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 Authority shall be consistent with the provisions of the County budget. The Authority shall not establish a payment rate, including costs of wages, benefits and operation until the Authority determines that the funds necessary for the payment rate are legally available. The annual appropriation for the 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 Authority shall adopt its budget under the same laws, rules and policies that control the County budget process.

4. 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 benefits increases shall not be affected by any potential changes in state or federal reimbursement rates.

(Ord. No. 02-001, § 1, 2-5-02)