Chapter 1 — SAN JOAQUIN COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY

6-11001 - DEFINITIONS.

(a)

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

(b)

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

(c)

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

(d)

"County" means San Joaquin County.

(Ord. 4147 (part), 2002)

6-11002 - PUBLIC AUTHORITY CREATED.

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

(a)

Name. The name of the authority shall be the San Joaquin County ln-Home Supportive Services Public Authority.

(b)

Governing Body. The governing body of the San Joaquin County In-Home Supportive Services Public Authority is thc San Joaquin County Board of Supervisors.

(c)

Seperate Entity. The San Joaquin County In-Home Supportive Services Public Authority shall be a public entity separate from the San Joaquin County and shall file the statements required by Government Code 53051.

(d)

Advisory Committee. Because the County's In-Home Supportive (IHSS) Advisory Committee was established by the San Joaquin County Board of Supervisors by Board Order B-01-1068, in accordance with the requirements of Welfare and Institutions Code Section 12301.6(b)(B), (C), and (D), it shall serve as the advisory committee to the Authority and shall fulfill the roles and responsibilities rcquircd by Welfare and Institutions Code Section 12301.6 This IHSS Advisory Committee shall assume all responsibility for the functions and responsibilities previously delegated to the Advisory Committee by the Board of Supervisors, it shall report directly to the Public Authority staff and governing body.

(Ord. 4147 (part), 2002)

6-11003 - PUBLIC AUTHORITY POWERS.

(a)

Character of Authority. The San Joaquin County In-Home Supportive Services Public 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 in San Joaquin 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.

(b)

Public Authority Employees. Employees of the San Joaquin County In-Home Supportive Services Public Authority shall not be employees of San Joaquin County for any purpose.

(c)

Public Authority Functions. The San Joaquin County 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 time qualifications and background of potential in-home supportive services personnel.

(3)

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

(4)

Providing access for training providers and recipients. However, the Public 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 Public 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 Public Authority is not obligated to ensure that any provider or recipient attend or complete any training.

(5)

Performing other functions related to the delivery of in-home supportive services as directed by the governing body.

(6)

Ensuring 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.

(Ord 4147 (part), 2002)

6-11004 - POWER OF THE PUBLIC AUTHORITY TO CONTRACT.

In order to carry out its functions the Public Authority may enter into contracts with the County and other organizations and entities as necessary. Such Contracts may include, but are not limited to, contracts for the provision of banking, auditor, payroll, counsel, administrative and other necessary services for the operation

of the Public Authority. Funds necessary to pay for contract services are subject to the budget and appropriations processes of the Public Authority and the County.

(Ord 4147 (part), 2002)

6-11005 - SERVICE PROVIDER EMPLOYMENT FUNCTIONS.

The San Joaquin County In-Home Supportive Services Public Authority shall be deemed to be the employer of in-home supportive services personnel referred to recipients as provided in paragraph 3 of subdivision (c), within the meaning of Chapter 10 (commencing with section 3500) of Division 1 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.

(a)

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 as authorized by the County social worker, assignment 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. Recipients retain such rights and responsibilities independent of the Public Authority, just as they held such rights and responsibilities independent of the County prior to the formation of the Public Authority.

(Ord 4147 (part), 2002)

6-11006 - RECIPIENT SELECTION.

Recipients of in-home supportive services may select in-home supportive services personnel who are not referred to them by the San Joaquin County 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 4147 (part), 2002)

6-11007 - STATE AND COUNTY RESPONSIBILITIES.

The creation and operation of the San Joaquin County 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 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 4147 (part), 2002)

6-11008 - PAYROLL FUNCTION ACCESS.

The County will provide access to any payroll function for processing timesheets, and other pertinent information relating to payroll forms for sole purpose of evaluating and reviewing such performances in coordination with the duties of the Public Authority.

(Ord 4147 (part), 2002)

6-11009 - PUBLIC AUTHORITY ADMINISTRATION.

Public Authority Staff. 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.

(1)

Labor Relations. The Public Authority shall adopt rules and regulations for administration of employer- employee relations. Only those employee organizations recognized in accordance with the Public Authority's labor relations resolution shall be entitled to negotiate with the Public Authority on matters within the scope of representation and such other rights that may be granted to recognized employee organizations pursuant to Sections 3500 through 3511 of the Government Code.

(Ord 4147 (part), 2002)

6-11010 - COUNTY COSTS.

The costs and expenses of San Joaquin County to provide administrative, legal, labor relations, and other services to the San Joaquin County In-Home Supportive Services Public Authority, and to make payments or Provide benefits for in-home supportive services providers, shall be charged against thc funds of the Public Authority.

(Ord 4147 (part), 2002)

6-11011 - FISCAL PROVISIONS.

(a)

Functions of the Public Authority. The San Joaquin County In-Home Supportive Services Public Authority shall carry out the following functions:

(1)

The establishment and operation of the Public Authority or application of Government Code Section 3500 and following 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 County cost.

(2)

The total of all operating costs, wages, and benefits proposed or established by the Public Authority shall be consistent with the povisions 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 and allowed through the

County's fiscal year budget process, as amended. 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 cost for that fiscal year.

(3)

The Public Authority shall adopt its budget under the same laws, rules and policies that control the County budget process.

(4)

The Public 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 and/or federal match for such increases. In-Home Supportive Service shall not be reduced in order to fund the Public Authority or implementation of Government Code section 3500 and following.

(Ord 4147 (part), 2002)

6-11012 - COUNTY AND PUBLIC AUTHORITY LIABILITY.

(a)

No Employer Liability. The San Joaquin County In-Home Supportive Services Public Authority shall be deemed not to be the employer of in-home supportive services personnel referred to recipients under this chaptcr for purposes of liability due to the negligence or intentional torts of the in-home supportive services personnel.

(b)

No Non-Referral Liability. The San Joaquin County In-Home Supportive Services Public Authority shall not be held liable for any action 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.

(c)

No County or State Liability. The San Joaquin County and the State of California shall be immune from any liability resulting from the implementation of Welfare and Institutions Code Section 12301.6

(d)

Public Authority Liability.

(1)

Any obligation of San Joaquin County In-Home Supportive Services Public Authority, whether statutory, contractual, or otherwise, shall be the obligation solely of the Pubic Authority and shall not be the obligation of the San Joaquin County or State of California.

(2)

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.

(3)

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 provisions advising the third party that the Public Authority is a separate governmental entity and that such agreement does not bind the San Joaquin County.

(4)

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 acknowledgement of such indemnification, and to maintain adequate levels of insurance, as determined by the County's risk manager, naming the Public Authority as an additional insured.

(Ord 4147 (part), 2002)

6-11013 - LIABILITY lNSURANCE.

Without limiting its indemnification of the County as set forth below, the Public Authority shall acquire 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 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 of said insurance.

(Ord 4147 (part), 2002)

6-11014 - INDEMNIFICATION.

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 4147 (part), 2002)

6-11015. - SEVERABILITY.

If any provision of this chapter or the application thereof to a person or circumstance is for any reason held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications thereof, and to this end the provisions of this chapter are severable. Nothing in this section affects the Board of Supervisors right to amend or repeal this chapter or any portions thereof at any time.

(Ord. 4147 (part), 2002)

6-11016. - TERMINATION.

The Board of Supervisors reserves its right to repeal or amend this chapter or any portions thereof at any time. By repeal of this chapter, the Board of Supervisors may abolish the San Joaquin County In-Home Services Public Authority.

(Ord. 4147 (part), 2002)

6-11017. - EFFECTIVE AND OPERATIVE DATE.

The ordinance from which this chapter derives shall take effect thirty (30) days after its adoption. Within fifteen (15) days after the date of adoption of this ordinance, a summary shall be published once with the names of those members voting for and against the same in a newspaper of general circulation published in the San Joaquin County.

(Ord. 4147 (part), 2002)