Chapter 34 — IN HOME SUPPORTIVE SERVICES

The Board of Supervisors hereby establishes a public authority whose powers and authority are derived from and consistent with the provisions of Welfare and Institutions Code Sections 12300 et seq. The public authority shall be known as the Siskiyou County In-Home Supportive Services Public Authority and shall hereafter be referred to as the "Authority." (§ 1, Ord. 02-19, eff. December 5, 2002)

The governing body of the Authority shall be the Siskiyou County Board of Supervisors.

(§ 1, Ord. 02-19, eff. December 5, 2002)

(a)

The In-Home Supportive Services (IHSS) Advisory Committee was established by the Siskiyou County Board of Supervisors by minute order dated September 26, 2000, in accordance with the requirements of Welfare and Institutions Code Section 12301.6(b)(C) and (D) shall serve as the advisory committee to the Authority and shall fulfill the roles and responsibilities required by Welfare and Institutions Code Section 12301.6. It shall report directly to the Authority's governing body.

(b)

The membership of the Committee shall consist of seven (7) members. No fewer than fifty (50%) percent of the membership shall be individuals who are current or past users of personal assistance services paid for through public or private funds or recipients of IHSS services and one member of the Committee shall be a provider of IHSS. The remaining members shall be one Human Services Adult Services Supervisor and one member at large.

(§ 1, Ord. 02-19, eff. December 5, 2002)

The duties and responsibilities of the Authority shall be as follows:

(a)

To implement the goals and objectives of Welfare and Institutions Code Sections 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) provision for training for providers and recipients; 5) the performance of any other functions related to the delivery of in-home supportive

services; and 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;

(b)

To adopt a budget for the Authority;

(c)

To exercise all powers, duties and functions as are prescribed by statute, the Board of Supervisors and the Authority.

(d)

The Authority shall not be responsible for 1) authorizing services for an IHSS recipient; 2) determining a recipient's need for IHSS, the level and quality of services required, and the eligibility of individuals to be served; 3) conducting the initial or any subsequent assessment of need for services; or 4) terminating the recipient's participation in the IHSS program. The above-referenced services and functions shall be the exclusive responsibility of the Department of Human Services.

(§ 1, Ord. 02-19, eff. December 5, 2002)

(a)

The Authority shall be an entity separate from the County of Siskiyou and shall file the Statement of Fact for the Roster of Public Agencies required by Government Code Section 53051.

(b)

The Authority shall be a corporate public body, exercising public and essential governmental functions with all powers necessary or convenient to carry out the powers conferred upon it by Welfare and Institutions Code Sections 12300 et seq. and this Chapter, including the power to contract for services pursuant to Welfare and Institutions Code Sections 12301 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:

(i)

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.

(ii)

To sue and be sued in its own name.

(iii)

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

(iv)

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.

(v)

To perform all acts necessary and proper to carry out fully the purpose of this Chapter and not inconsistent with Welfare and Institutions Code Sections 12300 et seq. or this Chapter.

(c)

The Authority shall be deemed to be the employer of IHSS providers within the meaning of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code, commonly known as the Meyers-Milias-Brown Act. Nothing in these enumerated powers shall be construed to limit or interfere with the rights of IHSS recipients to hire, fire, supervise and direct the work of any IHSS personnel providing services to them.

(§ 1, Ord. 02-19, eff. December 5, 2002)

(a)

Any obligation of legal liability of the Authority, whether statutory, contractual or otherwise, shall be the obligation or liability solely of the Authority and shall not be the obligation of liability of the County of Siskiyou.

(b)

All contracts, leases, or other agreements of any nature, including collective bargaining agreements, between the Authority and any party, except those with the County shall contain the following statement:

'The Authority is an independent legal entity, separate and apart from the County of Siskiyou. The Authority has no power to bind the County to any contractual or legal obligations. Nor may the obligees of the Authority seek recourse against the County of Siskiyou for any financial or legal obligation of the Authority.'

(c)

The 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 Authority shall not be employees of the County for any purpose.

(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. 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 County.

(e)

The Authority shall maintain general liability insurance in an amount determined to be adequate by the County's Risk Manager. If the Authority purchases its own insurance the limits of liability shall be in an amount acceptable to the County's Risk Manager and shall name the County as an additional insured.

(f)

The Authority shall indemnify, defend and hold harmless the County, 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 damages arising from or connected with any act or omission of any officer, employee or agent of the Authority.

(g)

The Authority shall require all third parties with whom it contracts, other than the County of Siskiyou, 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.

(§ 1, Ord. 02-19, eff. December 5, 2002)

The Authority shall adopt rules and regulations for administration of employer-employee relations. Only those employee organizations recognized in accordance with the Authority's labor relations resolution shall be entitled to negotiate with the 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.

(§ 1, Ord. 02-19, eff. December 5, 2002)

(a)

In adopting this Chapter, the Board of Supervisors recognizes that the funding of IHSS is the product of a complex relationship of federal, state and County financing and the ability of the 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. 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.

(b)

The Authority shall provide the County with the information necessary for the County to bill the California Department of Social Services for the State and Federal share of the Authority costs.

(c)

The Authority shall assist the 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 availability of county, state and federal funds for the purpose of providing IHSS.

(§ 1, Ord. 02-19, eff. December 5, 2002)

The Authority shall adopt is budget under the same laws, rules and policies that control the County budget process. Hearings on the Authority budget shall be conducted concurrently with hearings conducted in connection with the County budget.

(§ 1, Ord. 02-19, eff. December 5, 2002)

The Authority shall maintain all records pertaining to service delivery and fiscal administrative controls for a minimum of five years after final payment for a given fiscal year, or until all pending county, state and federal audits have been completed, whichever is later. The Authority shall make any of the retained records available to all authorized county, state and federal representatives.

(§ 1, Ord. 02-19, eff. December 5, 2002)

By repeal of this Chapter, the Board of Supervisors may abolish the Authority.

(§ 1, Ord. 02-19, eff. December 5, 2002)

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

(§ 1, Ord. 02-19, eff. December 5, 2002)