Santa Clara County Municipal Code Art. 4 Public Authority for in-Home Supportive Services

Footnotes:

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Editor's note— Ordinance No. NS-300.591, § I, December 17, 1996, added §§ A18-66.1—A18-66.3. However, in order for new sections to be codified numerically, such sections are numbered as §§ A18-75.1—A18-75.3 at the discretion of the editor.

Pursuant to Welfare and Institutions Code § 12301.6, the Board of Supervisors hereby establishes a public authority to provide for the delivery of in-home supportive services. The Board of Supervisors hereby designates itself as the governing body of the public authority.

(Ord. No. NS-300.591, § I, 12-17-96)

The Public Authority for In-Home Supportive Services shall appoint an In-Home Supportive Services Public Authority Advisory Board. This advisory board shall consist of 9 members of whom at least 5 shall be individuals who are current or past consumers of County In-Home Supportive Services or personal care assistance services paid for through public or private funds or who are recipients of services under Article 7, Chapter 3, Part 3, Division 9 of the Welfare and Institutions Code. Prior to selecting the members of this advisory board, the Public Authority for In-Home Supportive Services Governing Body shall solicit recommendations of qualified members through a fair and open process that includes the provisions of reasonable, written notice to, and a reasonable response time by, members of the general public, and interested persons and organizations. Each member shall serve a term of four years. No member shall be eligible to serve on the advisory board for more than three consecutive terms in addition to any portion of any unexpired term which may have been served. An advisory board member's failure to attend three consecutive regular meetings without good cause as determined by the chairperson will result in notification to the appointing authority, which may result in removal of the member from the advisory board.

(Ord. No. NS-300.591, § I, 12-17-96; Ord. No. NS-300.760, 12-12-06; Ord. No. NS-300.948, § 1, 4-6-21)

(a) Neither the establishment of the public authority nor the application of Government Code § 3500 et seq., shall replace or diminish the recipients' rights to hire, fire and supervise any in-home supportive services workers providing services to them. Neither the establishment of the public authority nor the application of Government Code § 3500 et seq. is intended to enhance or diminish employment rights provided by law. Nothing in this provision is intended to limit the ability of a collective bargaining representative to seek approval of an agency shop agreement.

(b) In establishing this public authority, the Board recognizes that the funding of the in-home supportive services program is the result of complex relationships of federal, state and County funds and that the ability of the public authority for in-home supportive services to operate and to negotiate wages and benefits for the in-home supportive services workers is contingent upon the availability of adequate funding from all sources. Nothing in this article is intended to require the County to appropriate or to transfer any funds for the operation of the public authority for in-home supportive services or for the payment of wages or benefits for in-home supportive services workers.

(c) The total of all operating costs, wages and benefits proposed or established by the public authority for in-home supportive services must be consistent with the provisions of the final County budget for the public authority. The public authority for in-home supportive services may not establish a payment rate that includes the costs of wages, benefits and operation, until the governing body of the public authority for in-home supportive services makes a finding that the funds necessary for payment of that rate are legally available.

(d) Services shall not be reduced in order to fund the public authority for in-home supportive services or to provide for the implementation of Government Code § 3500 et seq. in regard to in-home supportive services workers.

(e) For purposes of this article, the term "in-home supportive services workers" refers to personnel who provide in-home supportive services and who have historically been referred to as independent providers, and does not refer to personnel employed by entities under contract with the public authority to provide in-home supportive services.

(f) In-home supportive services workers referred to recipients shall be entitled to all of the rights conferred by the Meyers-Milias-Brown Act (Government Code § 3500 et seq.) including the right to be represented by an employee organization of their choice for purposes of collective bargaining over wages, benefits and other appropriate terms and conditions of employment as defined and limited by this article and by Welfare and Institutions Code § 12301.6.

(g) Nothing in this article shall be construed to alter, require the alteration of, or interfere with the state's payroll system and other provisions of Welfare and Institutions Code § 12302.2 or to affect the state's responsibilities with respect to unemployment insurance, or workers' compensation for in-home supportive services workers.

(Ord. No. NS-300.591, § I, 12-17-96)