Stanislaus County Municipal Code Ch. 9.71 In-Home Supportive Services Public Authority

Pursuant to Welfare and Institutions Code Section 12301.6, a public authority is established to serve as the employer of record for in-home supportive services providers.

A. Name. The name of the authority shall be the in-home supportive services public authority of Stanislaus County.

B. Governing Body. The governing body of the in-home supportive services public authority of Stanislaus County is the Stanislaus County board of supervisors.

C. Separate Entity. The in-home supportive services public authority of Stanislaus County shall be a public entity separate from Stanislaus County and shall file the statements required by Government Code 53051.

D. Advisory Committee. Because the county's in-home supportive (IHSS) advisory committee is established by the Stanislaus County board of supervisors by board order, 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 required 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.

(Ord. CS 905 §§1, 2,, 2004)

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

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

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

D. "Public authority" means the in-home supportive services public authority of Stanislaus County.

E. "County" means Stanislaus County.

(Ord. CS 905 §§1, 2,, 2004)

The in-home supportive services public authority of Stanislaus County shall be a separate corporate public body, exercising public and essential governmental functions, that has the powers necessary to act as the employer of record for individual providers serving in-home supportive services recipients; excluding assessment and authorization of hours for in-home supportive services recipients, but including the power to contract for services pursuant to Sections 12302 and 12302.1 of the Welfare and Institutions Code. Employees of the public authority shall not be employees of the county for any purpose.

(Ord. CS 905 §§1, 2,, 2004)

The public authority is charged with the following duties:

A. To implement the goals and objectives of the in-home supportive services program.

B. To make an annual report to the Stanislaus County board of supervisors, and additionally as needed.

C. Make copies of its annual audits and reports available to members of the general public on request and at no cost.

D. To exercise all powers, duties, and functions as are prescribed by Sections 12301.61 of the Welfare and Institutions Code, the board of supervisors, and the public authority.

(Ord. CS 905 §§1, 2,, 2004)

A. No Employer Liability. The public authority shall be deemed not to be the employer of in-home supportive services personnel referred to recipients under this chapter for purposes of liability due to the negligence or intentional torts of the in-home supportive services personnel.

B. No Non-Referral Liability. The 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. Stanislaus 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 public authority, whether statutory, contractual, or otherwise, shall be the obligation solely of the public authority and shall not be the obligation of the 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 express provisions advising the third party that the public authority is a separate governmental entity and that such agreement does not bind the 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. CS 905 §§1, 2,, 2004)

The public authority shall meet at least annually or as needed.

(Ord. CS 905 §§1, 2,, 2004)

The public authority's meetings are subject to the open meeting laws contained in the Ralph M. Brown Act.

(Ord. CS 905 §§1, 2,, 2004)