Shasta County Municipal Code Ch. 2.45 In-Home Supportive Services Public Authority

Pursuant to Welfare and Institutions Code Section 12301.6, the board of supervisors hereby establishes the Shasta County in-home supportive services public authority. The public authority shall serve as the employer of record of providers of in-home supportive services for purposes of the Meyers-Milias-Brown Act. The board of supervisors hereby designates itself as the governing body of the public authority.

(Ord. 2002-5 § 1 (part), 2002)

"County" means the County of Shasta.

"Employer of record" means the public authority in its capacity of employer of IHSS individual providers, within the meaning of Government Code sections 3500, et seq. of Chapter 10, Division 4, Title 1 (Meyers-Milias-Brown Act).

"Governing body" means the group of people designated by ordinance to aid and oversee the public authority in the administration of its duties.

"IHSS" means in-home supportive services as defined in Welfare and Institutions Code Sections 12300 et seq.

"Individual provider mode" means a mode of service in which a provider is not employed by either a contractor or the county, but hired and supervised solely by the IHSS recipient.

"Provider" means a person who provides in-home supportive services to a recipient using the individual provider mode.

"Public authority" means the Shasta County in-home supportive services public authority, which is created by this ordinance.

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

"Registry" means the system developed and maintained to provide IHSS recipients with names of available providers according to the recipients stated preferences.

(Ord. 2002-5 § 1 (part), 2002)

A. The public authority shall be deemed to be the employer of in-home services supportive services personnel (providers) referred to recipients of the IHSS program administered by Shasta County.

B. The public authority shall be an entity separate from the county, and shall be required to file the statement required by Section 53051 of the Government Code.

C. The 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 Shasta County, and all powers and functions ascribed to a public authority for in home supportive services by Welfare and Institutions Code Section 12300 et seq.

D. The public authority shall carry out the following functions:

1. Establish a registry of IHSS providers.

2. Investigate the qualifications and background of persons who apply to be listed as providers on the registry.

3. Provide for training for providers and recipients or inform providers and recipients of available training. However, the public authority is not obligated to provide training directly to providers and recipients, 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 or from 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 attends or completes training.

4. Perform other functions related to the delivery of in-home supportive services as directed by the governing body, or board of supervisors, or as required by law.

5. 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.

E. The public authority's powers do not include responsibility for authorizing services for an IHSS recipient; determining a recipient's need for IHSS; determining the level or quality of services required or the eligibility of individuals to be served; conducting the initial or any subsequent assessment of the need for services; or terminating the recipient's participation in the IHSS program. These services and functions shall be the exclusive responsibility of the Shasta County department of social services.

F. The public authority shall have no authority to regulate, control, or limit the rights or responsibilities of recipients of IHSS to select, hire, fire, train 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, 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. 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. 2002-5 § 1 (part), 2002)

A. The in-home supportive services program is a federal and state categorically funded program with differing levels of required county matching funds. The establishment of the public authority or application of Government Code section 3500 et seq. shall not result in payments from the county's general fund beyond the mandated levels. The ability of the public authority to operate and to negotiate the wages and benefits of the IHSS providers is contingent upon the availability of adequate funding from all sources as determined by the county.

B. 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 adopted county budget for the public authority. The public authority may not establish a payment rate that includes the costs of wages, benefits, and operation, until the governing body of the public authority makes a finding that the funds necessary for payment of that rate are available.

C. Services to recipients shall not be reduced in order to fund the public authority or to provide for the implementation of Government Code Section 3500 et seq., with regard to IHSS providers.

D. The public authority shall adopt its budget under the same laws, rules and policies that govern the county budget process.

E. The public authority shall have no 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 federal match for such increases or the county has expressly budgeted for them.

F. 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 through its adoption of a final county budget, or an approved amendment thereof. 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.

(Ord. 2002-5 § 1 (part), 2002)

A. Any obligation or legal liability of the public authority, whether statutory, contractual or otherwise, shall be the obligation or liability solely of the public authority and shall not be the obligation or liability of the County of Shasta.

B. All contracts, leases, or other agreements of any nature, including collective bargaining agreements, between the public authority and any party, except those with the county shall contain the following statement: "The public authority is an independent legal entity, separate and apart from the County of Shasta. The public authority has no power to bind the county to any contractual or legal obligations, nor may the obligees of the public authority seek recourse against the County of Shasta for any financial or legal obligation of the public authority."

C. The public authority shall not be deemed to be the employer of IHSS providers for purposes of liability because of the negligence or intentional torts of the IHSS providers. Employees of the public authority shall not be employees of the county for any purpose. Employees of the county shall not be employees of the public authority for any purpose and shall remain under control of the county.

D. The county shall be immune from any liability resulting from its implementation of Welfare and Institutions Code Sections 12301.6 et seq. in the administration of the in-home supportive services program.

E. The public authority shall maintain general liability insurance in an amount determined to be adequate by the county's risk manager. The policy shall name the county and its officers and employees as additional insureds.

F. The public authority shall indemnify, defend and hold harmless the county and its elected and appointed officers, employees and agents from and against any and all liability, including defense costs and legal fees, resulting from claims for damage 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 to the public authority or any provider or recipient.

G. The public authority shall require all third parties with whom it contracts, other than the County of Shasta, to indemnify the public authority, to provide the public authority with written acknowledgement of such indemnification and to maintain adequate levels of insurance naming the public authority, its officers and employees as additional insureds.

H. By establishing the public authority, the county is assuming an undertaking only to promote the general welfare. It is not assuming nor is it imposing on its officers or employees, any obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Ord. 2002-5 § 1 (part), 2002)

Upon execution of an interagency agreement between the county and the public authority, the public authority shall utilize county employees and/or contract for these services as deemed necessary by the public authority, to carry out the purposes of the public authority including but not limited to legal and financial services, technical support and labor relations. The public authority shall, at least quarterly, reimburse the county for any and all staffing and services costs.

(Ord. 2002-5 § 1 (part), 2002)

In accordance with Welfare and Institutions Code Sections 12301.3, 12301.4, and 12301.6, there shall be appointed an advisory committee on in-home supportive services.

A. The advisory committee shall be comprised of nine individuals appointed by the Board of Supervisors. No less than 50 percent of the membership of the advisory committee shall be individuals who are current or past users of personal assistance services paid for through public or private funds or as recipients of in-home supportive services. At least two members of the advisory committee shall be current or former providers of in-home supportive services. Individuals who represent organizations that advocate for people with disabilities or seniors may be appointed to the advisory committee. Individuals from community-based organizations that advocate on behalf of home care employees may be appointed to the advisory committee. No county employee shall be appointed as a member of the advisory committee, but the board of supervisors may designate any county employee to provide ongoing advice and support to the advisory committee.

B. Prior to making appointments to the advisory committee, the board of supervisors shall solicit recommendations for qualified members through a fair and open process that includes the provision of reasonable written notice to, and a reasonable response time by, members of the general public and interested persons and organizations.

C. The advisory committee shall perform those duties set forth in Welfare and Institutions Code Sections 12301.3 and 12301.4.

D. Each member of the advisory committee shall be advanced and/or reimbursed for meals, mileage, and lodging at the same rates and in the same manner and subject to the same limitations applicable to county officers and employees. In no event shall any reimbursement be received unless a claim in the form prescribed by the county has been submitted. Payments pursuant to this provision are subject to and limited by the availability of funds appropriated specifically for direct support of the advisory committee in its budget.

E. The advisory committee shall adopt by-laws to formalize its organization. The by-laws of the advisory committee, and any amendments thereto, shall not take effect until approved by the board of supervisors. (Ord. 2003-2 § 1, 2003; Ord. 2002-5 § 1 (part), 2002)

(Ord. No. 2009-01, § 1, 1-6-2009)