Plumas County Municipal Code Ch. 11 In-Home Supportive Services Public Authority

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Editor's note— Ord. 02-981, §§ 1, 2, adopted November 5, 2002, amended Chapter 11 in its entirety to read as herein set out. Former Chapter 11, §§ 5-11.01—5-11.03, pertained to the County acting as an industrial development authority. State law has since provided that the County has such authority even without an ordinance.

Pursuant to the California Welfare and Institutions Code ["W&I Code", Sections 12300 and following, as currently existing and as subsequently amended or revised], there is hereby established "The Plumas County In-Home Supportive Services Public Authority", also to be known as "the IHSS Authority" or "the Authority", and to be governed by the Plumas County Board of Supervisors in its ex officio capacity. The Authority shall be an entity separate from the County of Plumas and shall register on the Roster of Public Agencies required by Section 53051 of the Government Code.

(§ 2, 02-981, adopted November 5, 2002)

The IHSS Advisory Committee previously established by County resolution pursuant to Section 12301.3 of the Welfare and Institutions Code is hereby re-established as the Advisory Committee to the IHSS Authority that is required by Section 12301.6(b)(3)(C) and (D) of the Welfare and Institutions Code.

(§ 2, 02-981, adopted November 5, 2002)

The Authority shall exercise any and all powers to perform the governmental and proprietary functions that are necessary or convenient for carrying out its legal responsibilities under the Welfare and Institutions Code. The Authority shall perform such duties as are necessary or convenient for carrying out its legal responsibilities under the Welfare and Institutions Code, including but not limited to those duties specified in Section 12301.6(e) of the Welfare and Institutions Code. Nothing in the powers and duties of the Authority shall be construed to limit or interfere with the rights of the IHSS recipients to hire, dismiss, supervise and direct the work of any IHSS providers.

(§ 2, 02-981, adopted November 5, 2002)

The Authority shall be deemed an employer of record for IHSS providers only to the extent required by the Welfare and Institutions Code. The authority shall adopt rules and regulations for the administration of employer-employee relations. The Authority shall negotiate, within the scope of representation, only with recognized employee organizations pursuant to Sections 3500 through 3511 of the Government Code [Meyers-Milias-Brown Act].

(§ 2, 02-981, adopted November 5, 2002)

The Authority's obligations and liabilities shall under no circumstances be deemed or construed to attach to the County of Plumas. No officer, employee, or agent of the County shall be deemed to serve the Authority for purposes of liability, even if the Authority utilizes certain County personnel under contract. As set forth in the Welfare and Institutions Code, the Authority shall not be deemed the employer of IHSS providers for purposes of liability arising from the negligence or intentional torts of IHSS providers.

(§ 2, 02-981, adopted November 5, 2002)

Funding of the Authority is arranged through Federal, State and local sources. The Authority shall manage its fiscal affairs so as to minimize any funding by the County of Plumas. Nothing in this chapter is intended to require the County to appropriate any funds for the operation of the Authority or for payment of wages or benefits to IHSS providers. The Authority shall cooperate and assist the County in providing the information and documentation necessary for the County to minimize its funding obligations.

(§ 2, 02-981, November 5, 2002)

The Authority shall maintain all records pertaining to service delivery, and fiscal and administrative controls, for a minimum of five (5) years after final payment for a given fiscal year, or until all pending state, federal and local audits have been completed, whichever is later. The Authority shall make its records available to authorized federal, state and local governmental representatives on an as-needed basis at reasonable times and locations.

(§ 2, 02-981, adopted November 5, 2002)

In establishing the Authority, the Plumas County Board of Supervisors, as County officials, reserve their right to terminate the Authority's existence at any time and for any reason by (1) serving written notice to that effect upon the governing board and executive director or general manager of the Authority, and (2) repealing this chapter.

(§ 2, 02-981, adopted November 5, 2002)

Any additional provisions relating to the establishment or functioning of the Authority may be mandated and imposed from time to time by resolution of the Plumas County Board of Supervisors, as County officials.

(§ 2, 02-981, adopted November 5, 2002)