Sierra County Municipal Code Ch. 2.90 Regional Ihss Public Authority

As required by Cal. Welf. & Inst. Code § 12302.25, the Sierra County Board of Supervisors in conjunction with the County of Nevada hereby establishes a regional public authority as a joint powers authority and as an entity separate, distinct and apart from the counties of Nevada and Sierra. The powers of said public authority shall be those as are derived from and consistent with the provisions of Cal. Welf. & Inst. Code § 12300 , et seq., for a public authority and Cal. Gov’t. Code §§ 6500 , et seq., and as may be more fully set forth in the Joint Powers Agreement entered into and between the counties of Nevada and Sierra. The purpose of this public authority is to provide for the delivery of the In-Home Supportive Services Program (IHSS) in the counties of Nevada and Sierra as specified in this chapter, the ordinance adopted by the County of Nevada, and the Joint Powers Agreement between the counties, subject to all applicable federal and state laws and regulations.

For the purpose of this chapter, the following definitions apply:

“Authority” means the Nevada-Sierra In-Home Supportive Services Public Authority.

“Consumer” means a person who is a current or past user of personal assistance services paid through public or private funds, and includes a recipient of assistance from IHSS.

“County” means the counties of Nevada and Sierra, both collectively and individually, as the context may require.

“IHSS” means in-home supportive services as described in Cal. Welf. & Inst. Code § 12300(a), (b) , et seq., as amended from time to time.

“Provider” means a person who provides authorized in-home supportive services to a recipient.

“Recipient” means a person eligible and authorized to receive in-home supportive services pursuant to Cal. Welf. & Inst. Code § 12300 , et seq.

Initial membership of the Public Authority Board shall be as follows:

A. Appointment by the Board of Supervisors. The governing board of the Nevada-Sierra IHSS Public Authority shall be composed of a maximum of 11 members appointed by the boards of supervisors of the two counties, as follows: Nevada County shall appoint nine board members and Sierra County shall appoint one member. Sierra County may appoint a second member; provided, however, if the seat for the Sierra County’s second member remains vacant for more than 60 days, the Sierra County Board of Supervisors shall appoint a member recommended by the JPA Board to serve the remainder of the unexpired term of the vacant seat.

The Board of Supervisors shall solicit recommendations for appointment of qualified members through a fair and open process, including reasonable written notice to, and affording reasonable response time from, members of the general public and interested persons and organizations. No fewer than 50 percent, or six individuals, of the membership shall be individuals who are consumers (current or past recipient of personal assistant services). The Board of Supervisors of the respective counties shall have sole authority to remove governing body members appointed from their counties, who may be removed at the will and pleasure of the Board of Supervisors.

B. Representative Capacity . For purposes of Cal. Gov’t. Code § 87103 and California Code of Regulations 18703.3, the persons appointed to the Public Authority Board are appointed to represent and further the interests of the specific economic interest which an individual member is appointed to represent and each such person therefore does not have financial interests in decisions of the Public Authority Board that will have a material financial effect on such person or a member of his or her immediate family, distinguishable from its effects on the public generally.

C. Terms of and Limits on Service. The initial board members shall be appointed for periods with staggered terms, as follows:

Three members for one-year terms (two from Nevada, and one Sierra);

Four members for two-year terms (two from Nevada and one from Sierra);

Four members for three-year terms (from Nevada).

The respective Boards of Supervisors shall specify the term at the time of the initial appointments.

After the initial terms end, all terms shall be three years.

D. Residency. Qualified appointees must reside in their respective counties and have familiarity with, or knowledge of, personal assistance services, the capacity to understand their role and to aid and assist the Public Authority in the administration of its duties; and the ability to attend regularly scheduled meetings, which shall occur only in facilities which meet disability access requirements. Within the first 90 days of being seated, the member of the Public Authority Board shall receive orientation and training from Public Authority staff within 60 days of appointment. (Ord. 1132 § 1, eff. 1/2/25)

A. Character of the Authority. The Nevada-Sierra IHSS Public Authority shall be both of the following:

1. An entity separate and distinct from the counties of Nevada and Sierra and shall be required to file the statement required by Cal. Gov’t. Code § 53051; and

2. A 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 Nevada and Sierra Counties including the power to contract for services pursuant to Cal. Welf. & Inst. Code §§ 12302 and 12303.3 and the provisions of Cal. Gov’t. Code §§ 6500 , et seq.

B. Status of Authority Employees, Providers, and Officers. Employees of the Nevada-Sierra IHSS Public Authority, members of the Authority Board and its officers, agents and the IHSS providers shall not be deemed to be employees of the member counties for any purpose.

C. Public Authority Functions. The Nevada-Sierra IHSS Public Authority shall carry out the following functions to implement the goals and objectives of Cal. Welf. & Inst. Code §§ 12300 et seq. including, but not limited to:

1. The provision of assistance to recipients in finding in-home supportive services personnel through the establishment of a registry;

2. The investigation of the qualifications and background of potential in-home supportive services personnel;

3. The establishment of a referral system under which in-home supportive services personnel shall be referred to recipients;

4. The provision for training for providers and recipients;

5. The performance of any other functions related to the delivery of in-home supportive services including that within 30 days of commencement of the operation of the Public Authority, the governing board shall develop a written process to address consumer complaints regarding Public Authority services;

6. The assurance 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;

7. Be the employer of record of the IHSS providers consistent with the provisions of Cal. Welf. & Inst. Code §§ 12300 et seq.;

8. The adoption of rules and regulations for the administration of the Public Authority; and

9. The exercise of all powers, duties and functions as are prescribed by statute, by the respective ordinances of the member counties and the Joint Powers Agreement between the counties.

D. Exclusion of Functions.

1. The Authority shall not be obligated to provide training directly, to pay for training provided privately or in the community, to pay for the providers’ 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 Authority shall not be obligated to ensure that any provider or recipient attend or complete any training.

2. The Authority shall not be responsible for authorizing services for an IHSS recipient.

3. The Authority shall not be responsible for determining a recipient’s need for IHSS, the level and quality of services required, and the eligibility of individuals to be served.

4. The Authority shall not be responsible for conducting the initial or any subsequent assessment of need for services.

5. The Authority shall not be responsible for terminating the recipient’s participation in the IHSS program. The above-referenced services and functions shall be the exclusive responsibility of the member counties.

A. The Authority shall be an entity separate and distinct from the member counties and shall file the statement of fact for the roster of public agencies required by Cal. Gov’t. Code § 53051.

B. The Authority shall have all powers necessary and convenient to carry out the powers conferred upon it by Cal. Welf. & Inst. Code §§ 12300 et seq., this chapter and the Joint Powers Agreement, including the power to contract for services pursuant to Cal. Welf. & Inst. Code §§ 12302 and 12302.1, subject to any limitations set forth in this chapter.

C. The Authority shall have the power in its own name to do any of the following:

1. To contract for the services of planners, financial consultants, and other experts and, separate and apart therefrom, to employ such other persons as it deems necessary;

2. To sue and be sued in its own name;

3. To incur debts, liabilities or obligations subject to any limitations herein set forth;

4. To apply for, accept and receive state, federal or local licenses, permits, grants, loans or other aid from any agency of the United States of America, or of the state of California necessary for the Authority’s full exercise of its powers;

5. To perform all acts necessary and proper to carry out fully the purpose of this chapter and not inconsistent with Cal. Welf. & Inst. Code §§ 12300 et seq. or this chapter; and

6. To promote administrative efficiencies and to avoid unintended duplication of resources prior to initiating delivery of IHSS through the Authority, as described in this chapter, the member counties and the Authority shall enter into an agreement specifying the purposes, scope or nature of the agreement, the roles and responsibilities of each party including provisions which ensure compliance with all applicable state and federal labor laws, and compliance with all statutory and regulatory provisions applicable to the delivery of IHSS.

D. Service Provider Employment.

1. The Authority shall be deemed to be the employer of in-home supportive services personnel within the meaning of California Government Code, Title 1, Division 4, Chapter 10 (commencing with Cal. Gov’t Code § 3500). Consumers (the recipients of IHSS services) shall retain the right to hire, fire, and supervise the work of any in-home supportive services personnel providing services to them.

2. In order to assure the preservation of the individual provider mode and limit the liability of the Authority, the 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 to 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 caring 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 Authority, just as they held such rights and responsibilities independent of the county prior to the formation of the Authority.

E. Consumer Selection of Providers. Recipients of in-home supportive services may select in-home supportive services personnel who are not referred to them by the Authority. Those personnel shall nevertheless be referred to the Authority for the purposes of wages, benefits, and other terms and conditions of employment.

F. State Payroll Functions. The creation and operation of the Nevada-Sierra IHSS Public Authority shall not alter, require the alteration of, or interfere with the state payroll system and other provisions of Cal. Welf. & Inst. Code § 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.

A. Executive Director. The Executive Director of the Nevada-Sierra IHSS Public Authority shall be appointed by the Authority Board. The Executive Director may hire staff, if such authority is provided in the Authority’s adopted rules and regulations.

B. Labor Relations. Due to the special and critical health-care services provided through the IHSS program, the Board of Supervisors finds that any interruption of such services would pose an imminent threat to the health and safety of the recipients of IHSS services and to the community. In order to minimize the likelihood of such interruption, and thereby protect the health and safety of recipients, and to promote harmony and productive labor relations between the Authority and the providers, the Board shall:

1. Establish rules and regulations respecting the labor relations responsibilities of the Authority and such rules shall provide that a showing of interest of at least 20 percent of the eligible providers shall be a 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.

2. Require any collective bargaining agreement reached between the Authority and any labor organization certified to represent providers of IHSS services be subject to the limitations of the ordinances and to the Joint Powers Agreement creating the Authority 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 the vote cast in a ballot in which all providers of IHSS services, as recognized by the Authority, shall be eligible to participate. Final adoption of any such agreement shall be by a simple majority vote of the Authority.

3. Require 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 year beyond the other provisions of any and all collective bargaining agreements.

4. Take all legal action necessary to bar any strike or other concerted interruption of services to IHSS recipients.

5. Require that in-home supportive services personnel be entitled to all of the rights conferred upon them by the Meyers Milias-Brown Act (Cal. Gov’t. Code § 3500 et seq.), including the right to be represented in their employment relationship with the Authority by an employee organization of their choice, and the right to meet and confer with the Authority with regard to wages, benefits, and other terms and conditions of employment.

C. Fiscal Provisions. In establishing the Authority the member counties recognize that the funding of IHSS is the product of a complex relationship of federal, state, and county financing, and that the ability of the Authority to operate and to negotiate the wages and benefits of the providers of IHSS is contingent upon the availability of adequate funding. Nothing in this chapter or in the Joint Powers Agreement is intended to require Sierra County to appropriate or to transfer any funds for the operation of the Authority or for the payment of wages or benefits for in-home supportive services personnel.

The total of all administrative costs, wages, and benefits proposed or established by the Authority shall be consistent with the provisions of the budgets adopted by the member counties and shall be based on the methodology for allocation of costs as set out in the Joint Powers Agreement between Nevada and Sierra Counties; provided, however, that the Authority shall not provide for any payments promulgated or calculated from or based on contributions or payments from Sierra County in excess of the amounts expressly provided for in Sierra County’s annual budget as it may be amended from time to time. The 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.

The establishment and operation of the Public Authority or application of Cal. Gov’t. Code § 3500 et seq. shall not result in payments from Sierra County’s general fund beyond the amounts provided for in the county’s annual budget, as amended from time to time.

The Public Authority shall utilize all available start-up funds pursuant to Cal. Welf. & Inst. Code § 14132.95 and shall seek to maximize the benefit of any available new or increased noncounty matching federal or state funds or other available grant or foundation funds.

The Public Authority shall adopt its budget under the same laws, rules, and policies that control the budget process applicable to general law counties.

The Authority shall provide Sierra County with the expenditure information necessary for the county to report to the California Department of Social Services in order to receive reimbursement for the state and federal share of the Authority costs.

The Authority shall assist Sierra County in developing and submitting the information and documentation necessary to obtain approval from the California Department of Social Services and the Department of Health Services for the Authority’s reimbursement rate and any rate adjustment.

Payment for all services provided pursuant to this chapter is contingent upon the appropriation of county, state and federal funds for the purpose of providing IHSS.

A. County Liability. Sierra County shall not be liable for, and shall be immune from, any liability resulting from the implementation of Cal. Welf. & Inst. Code § 12300 et seq. pursuant to this chapter, the Joint Powers Agreement or any implementing agreement or through the appropriation of funds to the Public Authority.

B. Public Authority Liability.

1. Any obligation of the Nevada-Sierra IHSS Public Authority, whether statutory, contractual, or otherwise, shall be the sole obligation of the Authority and shall not be the obligation of Sierra County.

2. The Authority shall not be deemed to be an employer for the purposes of liability due to the negligence or intentional torts of any provider.

3. The Authority shall not be held liable for any action or omission of any provider whom the Authority did not list on a registry or otherwise refer to a consumer.

4. Any and all contracts, leases, or other agreements of any nature, including collective bargaining agreements, between the Authority and third parties, other than the member counties, shall contain an express provision advising the third party that the Authority is an independent legal entity, separate and apart from the counties of Nevada and Sierra and that the Authority has no power to bind the counties to any contractual or legal obligations. The third party must be further advised that obligees of the Authority may not seek recourse against the member counties for any financial or legal obligation of the Authority.

5. The member counties shall be immune from any liability resulting from its implementation of Cal. Welf. & Inst. Code §§ 12300 et seq. in the administration of the In-Home Supportive Services program. Any obligation of the Authority, whether statutory, contractual, or otherwise, shall be the obligation solely of the Authority, and shall not be the obligation of the member counties.

6. Without limiting its indemnification of the member counties, the Authority shall maintain insurance in an amount determined to be adequate by the County’s Risk Manager and shall name the member counties as additional insureds. Evidence of such insurance shall be provided to each County’s Risk Manager within 30 days of the execution of the agreement between the Authority and the County and shall be regularly provided thereafter.

7. The Authority shall indemnify, defend, and hold harmless the member counties and their elected and appointed officers, employees and agents from any and against any and all liability, including acts of active negligence, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including but not limited to personal injury or property damage arising from, or connected with, any action or omission of any officer or employee of the Authority. The Authority shall provide an acknowledgment of such indemnification in writing to the member counties.

8. The Authority shall require all third parties with whom it contracts, other than the member counties, to indemnify the Authority, to provide the Authority with written acknowledgment of such indemnification and to maintain adequate levels of insurance naming the Authority as an additional insured.

A. Records. The Authority shall develop a records retention policy consistent with county, state, and federal laws and policies. The Authority shall make any of the retained records available to all authorized county, state and federal representatives.

B. Annual Report. The Authority shall submit annually a report to the Board of Supervisors of the member counties detailing its functions and evaluating its operation of that year. In addition, such report shall present the Authority’s specific goals and objectives for the coming year and its plan for meeting those goals and objectives. If, for any coming year, the Authority intends to expand its duties, the Authority shall present a detailed plan and budget for the implementation of that expansion of duties. Such plan shall be circulated to all interested county departments and community groups prior to presentation to the Board of Supervisors.

C. Cessation or Modification of Authority. The existence of the Authority may be terminated or its powers, duties, composition and/or jurisdiction may be modified by the agreement of the member parties.

D. Effectuation. It is the intent of the Board of Supervisors that the provisions of this chapter shall be effectuated in a prompt and diligent manner. This chapter shall be declared to be in full force and effect from and after 30 days after the date of its passage. (Ord. 940, eff. 3/20/03)