As required by Welfare and Institutions Code Section 12302.25, the board of supervisors hereby establishes a public authority, separate and apart from the County of Placer, whose powers are derived from and consistent with the provisions of Welfare and Institutions Code Section 12301.6, as may be amended from time to time. The purpose of this public authority is to provide for the delivery of the in-home supportive services program (IHSS) as specified in this article, subject to all applicable federal and state laws and regulations, and to the limitations set forth in the ordinance codified in this article.
(Ord. 5214-B, 2002)
For the purpose of this article, the following definitions apply:
"IHSS"
means in-home supportive services as described in Welfare and Institutions Code Section 12300(a), (b), et seq., as amended from time to time.
"Authority"
means the County of Placer in-home supportive services public authority.
"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 Welfare and Institutions Code Section 12300, et seq.
"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 County of Placer.
(Ord. 5214-B, 2002)
The board of supervisors 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 Placer County in-home supportive services public authority and shall be referred to as the "authority."
The governing body of the authority shall be the members of the Placer County board of supervisors.
(Ord. 5214-B, 2002)
The Placer County board of supervisors established, through Resolution 2001-34, an IHSS advisory committee, in compliance with the Welfare and Institutions Code Sections 12301.3 et seq., and that action by resolution is incorporated herein. The IHSS advisory committee shall meet the following requirements:
A. 
Membership.
1. 
The IHSS advisory committee shall be comprised of not more than 11 individuals. No less than 50% 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 services under-this article. At least two members of the advisory committee shall be a 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 committees under this section. Individuals from community-based organizations that advocate on behalf of home care employees may be appointed to committees under this section. A county board of supervisors shall not appoint more than one county employee as a member of the advisory committee, but may designate any county employee to provide ongoing advice and support to the advisory committee.
2. 
Prior to the appointment of members to a committee the county board of supervisors, through public authority staff, shall solicit recommendations for qualified members through a fair and open process that includes the provision of reasonable written notice to, and reasonable response time by, members of the general public and interested persons and organizations.
B. 
Responsibility. The IHSS advisory committee shall submit recommendations to the county board of supervisors on the preferred modes of service to be utilized in the county for in-home supportive services, and provide ongoing policy and funding advice and recommendations regarding in-home supportive services to the county board of supervisors, any administrative body in the county that is related to the delivery and administration of in-home supportive services, and the governing body and administrative agency of the public authority, nonprofit consortium, contractor, and public employees.
C. 
Method of Selection. After the advisory committee is initially established, appointments to the advisory committee shall be made by the authority, on advice of the public authority staff. Public authority staff will ensure that the composition requirements set forth in this section and at state law are being met with each appointment. Any appointee may be removed by a majority vote of the entire authority.
(Ord. 5214-B, 2002; Ord. 5455-B § 1, 2007)
A. 
Character of the Authority. The Placer County IHSS public authority shall be both of the following:
1. 
An entity separate and distinct from the County of Placer and shall be required to file the statement required by Government Code Section 5305 J: and
2. 
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 Placer County, including the power to contract for services pursuant to Welfare and Institutions Code Sections 12302 and 12303.3.
B. 
Status of Authority Employees and Providers. Employees of the Placer County in-home supportive services public authority and providers shall not be deemed to be employees of the County of Placer for any purpose.
C. 
Public Authority Functions. The Placer County IHSS public authority shall carry out the following functions to implement the goals and objectives of Welfare and Institutions Code Section 12301.6, 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 public authority 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. 
The adoption of rules and regulations for the administration of the public authority consistent with the provisions of this article; and
8. 
The exercise of all powers, duties and functions as are prescribed by statute, ordinance of the board of supervisors and the authority.
D. 
Exclusion of Functions.
1. 
Notwithstanding subsection (c)(4) of this article, 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 he 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 County of Placer.
6. 
The authority shall not be responsible or held liable for any action or omission of any provider.
(Ord. 5214-B, 2002)
A. 
The authority shall be an entity separate from the County of Placer 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 and convenient to carry out the powers conferred upon it by Welfare and Institutions Code Sections 12300 et seq. and this article, including the power to contract for services pursuant to Welfare and Institutions Code Sections 12302 and 12302.1, subject to any limitations set forth in this article.
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 thereof, 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 article and not inconsistent with Welfare and Institutions Code Sections 12300 et seq. or this article;
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 article, the county 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 county, state and federal labor laws; and compliance with all statutory and regulatory provisions applicable to the delivery of IHSS.
D. 
Service Provider Employment.
1. 
For the purpose of labor negotiations, wages, benefits and other terms of employment, the in-home supportive services public authority for Placer County shall be deemed to be the employer of in-home supportive services personnel under paragraph (3) of subdivision (d) within the meaning of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code. Consumers 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. The public authority shall not be held liable for any action or omission of any provider whom the public authority did not list on a registry or otherwise refer to a consumer.
F. 
State Payroll Functions. the creation and operation of the in-home supportive services authority for Placer County 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 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.
(Ord. 5214-B, 2002)
A. 
Public Authority Staff. The manager of the Placer County in-home supportive services public authority shall be appointed by the authority board. The governing body of the public authority or its designed shall appoint or contract staff as necessary.
B. 
Labor Relations.
1. 
The authority board shall establish rules and regulations respecting the labor relations responsibilities of the authority.
2. 
In-home supportive services personnel shall be entitled to all of the rights conferred upon them by the Meyers Milias-Brown Act (Government Code Section 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, another terms and conditions of employment.
C. 
Fiscal Provisions. In establishing the authority, the board of supervisors recognizes 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 article is intended to require the 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, except as expressly provided in an agreement between the authority and the county, and the funds necessary to fund any obligation of the county has been appropriately provided for in the county's annual budget or in an amendment to such annual budget.
1. 
The total of all administrative costs, wages, and benefits proposed or established by the authority shall be consistent with the provisions of the county budget and shall not provide for any payments promulgated or calculated from or based on contributions or payments from the county in excess of the amounts expressly provided for in the county's annual budget or the 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.
2. 
The establishment and operation 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 amounts provided for in the county's annual budget, as amended from time to time.
3. 
Services shall not be reduced in order to fund the public authority or to provide for the implementation of Government Code Section 3500 et seq. in regard to IHSS personnel.
4. 
The public authority shall utilize any and all available start-up funds and shall seek to maximize the benefit of any available new or increased non-county matching federal or state funds or other available grant or foundation funds.
5. 
The public authority shall adopt its budget under the same laws, rules, and policies that control the county budget process.
6. 
The authority shall provide the 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.
7. 
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.
8. 
Payment for all services provided pursuant to this article is contingent upon the appropriation of county, state and federal funds for the purpose of providing IHSS.
(Ord. 5214-B, 2002)
A. 
County Liability. The County of Placer shall not be liable for, and shall be immune from, any liability resulting from the implementation of Welfare arid Institutions Code Section 12301.6 pursuant to this article or any implementing agreement or through the appropriation for payment of funds to the public authority.
B. 
Public Authority Liability.
1. 
Any obligation of the public authority, whether statutory, contractual, or otherwise, shall be the sole obligation of the authority and shall not be the obligation of the County of Placer. The public authority is, for all purposes arising out of this agreement, an independent contractor and neither public authority nor its employees shall be deemed an employee of the county.
2. 
The public authority shall not be deemed to be an employer for the purposes of liability due to the negligence or intentional acts of any provider.
3. 
The public authority shall not be held liable for any action or omission of any provider whom the public 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 county, shall contain an express provision advising the third party that the authority is an independent legal entity, separate and apart from the County of Placer, and that the authority has no power to bind the county to any contractual or legal obligations. The third party must be further advised that obligees of the authority may not seek recourse against the County of Placer for any financial or legal obligation of the authority.
5. 
The County of Placer 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.
6. 
Without limiting its indemnification of the county, the authority shall maintain insurance in an amount determined to be adequate by the county's risk manager and shall name the county as additional insured. Evidence of such insurance shall be provided to the 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 county and its special districts, 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 county.
8. 
The authority shall require all third parties with whom it contracts, other than the County of Placer 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.
(Ord. 5214-B, 2002)
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 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 of Authority. By repeal of this article, the board of supervisors may abolish the authority.
D. 
Severability. If any section, sub-section, sentence, clause or phrase of this article is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion of this article. The board of supervisors declares that it would have passed the ordinance codified in this article and every section, subsection, sentence, clause or phrase, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declared unconstitutional or invalid.
E. 
Effectuation. It is the intent of the board of supervisors that the provisions of this article shall be effectuated in a prompt and diligent manner. The ordinance codified in this article shall be declared to be in full force and effect from and after 30 days after the date of its passage.
(Ord. 5214-B, 2002)