Tehama County Municipal Code Ch. 2.56 Tehama County in-Home Supportive Services Public Authority

The board of supervisors of the county of Tehama determines that the establishment of a public authority whose powers are derived from and consistent with the provisions of Welfare and Institutions Code Sections 12301.6 and 12302.25 is appropriate for the provision of in-home supportive services in Tehama County. As more fully described below, 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 in accordance with the requirements of state law set forth in Government Code Sections 3500 et seq.

(Ord. 1786 § 1(part), 2002)

The following definitions apply for purposes of this chapter:

A. "Contract mode" shall mean the state-sanctioned service delivery system for IHSS whereby the county contracts with a home care vendor to provide IHSS authorized services. Under this mode, employees of the contractor provide authorized IHSS services.

B. "County" shall mean the county of Tehama.

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

D. "IHSS" shall mean in-home supportive services as described in Welfare and Institutions Code Sections 12300 et seq.

E. "Individual provider mode" shall mean the state-sanctioned provider mode whereby the IHSS consumer selects, hires, schedules, trains and supervises a home care provider of his or her own choosing.

F. "Provider" shall mean a person who provides in-home supportive services to a recipient using the independent provider mode. For purposes of this chapter, provider does not mean a person who provides in-home supportive services under the IHSS contract mode.

G. "Public authority" shall mean the in-home supportive services public authority of the county of Tehama which is created by the ordinance codified in this chapter.

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

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

(Ord. 1786 § 1(part), 2002)

A. Authority and Purpose. Pursuant to Welfare and Institutions Code Sections 12301.6 and 12302.25, the Tehama County board of supervisors 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.

B. Name. The name of the public authority shall be the Tehama County In-Home Supportive Services Public Authority.

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

D. Advisory Committee. The Tehama County In-Home Supportive Services Public Authority Advisory Committee appointments shall be made by the Tehama County board of supervisors pursuant to this section and Welfare and Institution Code Sections 12301.4 and 12301.6. The advisory committee shall consist of six individuals; however, no fewer than fifty percent of the members 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 recipients of services under Article 7 of Part 3 of Division 9 of the Welfare and Institutions Code.

(Ord. 1791 § 2, 2003: Ord. 1786 §1(part), 2002)

(Ord. No. 1921, §§ 1, 2, 6-16-2009; Ord. No. 2045, §§ 1, 2, 9-19-2017)

A. Character of Authority. 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 IHSS in Tehama County, and all powers and functions ascribed to a public authority for IHSS in Welfare and Institutions Code Sections 12300 et seq.

B. Public Authority Functions. The public authority shall carry out the following functions:

1. The provision of assistance to recipients in finding IHSS providers through the establishment of a registry pursuant to operational policies approved by its governing body;

2. Investigation of the qualifications and background of potential IHSS providers on the registry;

3. Establishment of a referral system under which IHSS recipients are assisted in identifying and selecting providers;

4. Provide for training for providers and recipients or inform providers and recipients of other available training. However, the public authority is not obligated to provide training directly, 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 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 attend or complete any training;

5. Performing other functions related to the delivery of IHSS as directed by the governing board of the public authority, or as required by governing law;

6. 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.

C. Eligibility Determination for IHSS Recipients. The public authority powers do not include responsibility for: authorizing services for an IHSS recipient; determining a recipient's need for IHSS; the level and quality of services required and 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. The above-referenced services and functions shall be the exclusive responsibility of the county of Tehama.

(Ord. 1786 § 1(part), 2002)

A. The public authority shall be deemed to be the employer of record 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 with or without cause, and supervise the work of any person providing services to them.

B. The public authority shall have no authority or jurisdiction to regulate, control, or limit the rights and responsibilities of recipients of IHSS to hire, fire 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 authority, just as they held such rights and responsibilities independent of the county prior to the formation of the public authority.

(Ord. 1786 § 1(part), 2002)

Recipients may select IHSS providers who are not on the registry.

(Ord. 1786 § 1(part), 2002)

The creation and operation of the public authority shall not alter, require the alteration of, or interfere with the state payroll system and other provisions of Welfare and Institutions Code Section 12302.2 for individual providers of IHSS, or affect the state's responsibility with respect to unemployment insurance or workers' compensation for providers of IHSS.

(Ord. 1786 § 1(part), 2002)

Upon execution of an interagency agreement between the county and the public authority, the director of the public authority is delegated the authority to 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. 1786 § 1(part), 2002)

A. Until such time as the public authority adopts its own employee-employer relations resolution, the county of Tehama "Employee-Employer Relations Resolution," or any succeeding policy, shall be applicable to the labor relations responsibilities of the public authority, except that references to the "county of Tehama" and "county" in the policy shall mean the public authority, references in the policy to "board of supervisors" or "board" shall mean the governing board of the public authority.

B. Due to the special and critical health-care services provided through the IHSS program, the county of Tehama board of supervisors hereby finds that any interruption of such services would pose an imminent threat to the health and safety of the recipients of IHSS services and the community. In order to minimize the likelihood of such interruption and thereby protect the health and safety and to promote the harmony and productive labor relations between the public authority and any labor organization which seeks to represent or represents IHSS providers or public authority personnel;

1. The public authority shall have a non-strike clause in any and all collective bargaining agreements with IHSS providers and with personnel of the public authority. The non-strike clause shall continue at least one year beyond the other provisions of any and all collective bargaining agreements.

(Ord. 1786 § 1(part), 2002)

A. The costs and expenses of the county to provide administrative, legal, labor relations, and other services to the public authority, and to make payments to or provide benefits for IHSS providers, shall be charged against the funds of the public authority. The county is not required to make contributions to the IHSS program in excess of those required by law.

B. The establishment and operation of the public authority or application of Government Code Sections 3500 et seq., shall not result in payments from the county's general fund beyond the county's annual appropriation for the public authority, if any, which shall be an absolute limit on county cost.

C. The total of all operating costs, wages, and benefits proposed or established by the public authority shall be consistent with the provisions of the county budget. The public 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 annual appropriation for the public authority, if any, contained in the county's fiscal budget for any fiscal year shall be an absolute limit on county cost for that fiscal year.

D. The public authority shall adopt its budget under the same laws, rules and policies that control 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 had expressly budgeted for same. The IHSS program shall not be reduced in order to fund the public authority or implementation of Government Code Sections 3500 et seq.

F. The public authority shall not spend funds or contractually, or otherwise, obligate funds in excess of the limits of its budget as set out in this chapter.

(Ord. 1786 § 1(part), 2002)

A. Employees of the public authority shall not be employees of the county of Tehama for any purpose.

B. The public authority shall not be deemed to be the employer of IHSS providers under this chapter for purposes of liability due to the negligence or intentional torts of the IHSS providers.

C. Any obligation of the public authority, whether statutory, contractual, or otherwise, shall be the obligation solely of the authority and shall not be the obligation of the county of Tehama or the state of California.

D. The public authority shall not be held liable for any act or omission of any provider whom the public authority did not list on its registry or otherwise refer to a recipient.

E. The county shall be immune from any liability resulting from its implementation of this chapter and/or administration of the IHSS program pursuant to Welfare and Institutions Code Section 12301.6.

F. 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 the following statement:

"The Authority is an independent legal entity separate and apart from the County of Tehama. 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 Tehama for any financial or legal obligation of the Authority."

G. The public authority shall require any and all third parties contracting with the authority to indemnify and hold harmless the public authority, to provide the public authority with written acknowledgment 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.

H. Without limiting its indemnification of the county as set forth below, the public authority shall acquire and maintain appropriate insurance in amounts and coverage types to be determined by the county's risk manager.

I. The public authority shall indemnify, defend and hold harmless the county and its special districts, elected and appointed officers, employees and agents from and against any and all liability, including defense costs and legal fees, and claims for damages 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 or employee of the authority.

(Ord. 1786 § 1(part), 2002)

If any provision of this chapter or the application of any provision of this chapter as to any person or circumstance is held invalid, that invalidity shall not affect any other provision or application of this chapter, which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are expressly made severable.

(Ord. 1786 § 1(part), 2002)

By repeal of this chapter, the board of supervisors may terminate the public authority.

(Ord. 1786 § 1(part), 2002)