As required by Welfare and Institutions Code Section 12302.25, the Board of Supervisors of Sacramento County hereby determines that the establishment of a public authority whose powers are derived from and consistent with the provisions of Welfare and Institutions Code Section 12301.6 is necessary for the public health and welfare. The public authority shall serve as the employer of providers of in-home supportive services for purposes of the Meyers-Milias-Brown Act.
(SCC 1170 § 1, 2000)
For purposes of this chapter, the following definitions apply:
a. 
"Authority" means the Sacramento County In-Home Supportive Services Public Authority.
b. 
"Provider" means a person who provides authorized in-home supportive services.
c. 
"Recipient" means a person eligible for and authorized to receive in-home supportive services.
(SCC 1170 § 1, 2000)
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 Sacramento County In-Home Supportive Services Public Authority and shall hereafter be referred to as the "Authority."
(SCC 1170 § 1, 2000)
Because the County's In-Home Supportive Services (IHSS) Advisory Committee established by the Sacramento County Board of Supervisors by Resolution No. 2000-0197 was established in accordance with the requirements of Welfare and Institutions Code Section 12301.6(b)(3)(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 Section12301.6. This IHSS Advisory Committee shall assume all responsibility for the functions and responsibilities previously delegated to the Advisory Committee by the Board of Supervisors. It shall report directly to the Authority's governing body.
(SCC 1170 § 1, 2000)
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. 
Notwithstanding subsection (a)(4), the Authority shall not be 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 Authority shall not be obligated to ensure that any provider or recipient attend or complete any training.
e. 
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 County of Sacramento.
(SCC 1170 § 1, 2000)
a. 
The Authority shall be an entity separate from the County of Sacramento 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 chapter, 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 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 Welfare and Institutions Code Sections 12300 et seq. or this chapter.
d. 
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 retain, select, terminate and direct the work of any worker providing services to them.
e. 
Nothing in these enumerated powers shall be construed to alter, require the alteration of, or interfere with the State's payroll system and other provisions of Welfare and Institutions Code Section 12302.2 for independent providers of IHSS, or to affect the State's responsibilities with respect to unemployment insurance, or workers' compensation for providers of IHSS.
(SCC 1170 § 1, 2000)
a. 
Any obligation or 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 or liability of the County of Sacramento.
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 Sacramento. 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 Sacramento 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 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 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 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, employee or agent of the Authority.
g. 
The Authority shall require all third parties with whom it contracts, other than the County of Sacramento, to indemnify the Authority, to provide the Authority with written acknowledgement of such indemnification and to maintain adequate levels of insurance naming the Authority as an additional insured.
(SCC 1170 § 1, 2000)
The Authority's governing body shall appoint the Executive Director based upon a recommendation by the County Executive. Legal services shall be provided through the Office of Sacramento County Counsel. Financial services, including those of treasurer and auditor, shall be provided through the County's Department of Finance. The Clerk of the Board shall act as secretary to the Authority. The County's Labor Relations Office shall represent the Authority in any labor-related matters. Upon execution of a memorandum of understanding with the County, the Authority shall utilize other County employees to assist in carrying out purposes of the Authority. The Authority shall, at least quarterly, reimburse the County for any and all staffing costs.
(SCC 1170 § 1, 2000)
a. 
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.
(SCC 1170 § 1, 2000)
Within 90 days after the establishment of the Authority, and thereafter prior to the commencement of each fiscal year, the Authority shall adopt a budget for the ensuing fiscal year. The Authority shall adopt its 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.
(SCC 1170 § 1, 2000)
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 that 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 the 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.
d. 
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.
(SCC 1170 § 1, 2000)
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.
(SCC 1170 § 1, 2000)
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.
(SCC 1170 § 1, 2000)