AN ORDINANCE OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, TO ESTABLISH A PUBLIC AUTHORITY PURSUANT TO CALIFORNIA WELFARE AND INSTITUTIONS CODE SECTION 12301.6 TO PROVIDE FOR THE DELIVERY OF IN-HOME SUPPORT SERVICES
The Board of Supervisors of the County of Riverside, State of California, ordains as follows:
IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
Section 1. Establishment of In-home Supportive Services Public Authority.
Section 2. Purpose.
Section 3. Board of Directors.
Section 4. Officers and Administrative Employees of the In-home Supportive Services Public Authority.
Section 5. Meetings; Quorum; Minutes; Bylaws.
Section 6. Annual Budget.
Section 7. Powers.
Section 8. Duties.
Section 9. Fiscal Provisions.
Section 10. Annual Report and Plan.
Section 11. Establishment of In-home Supportive Services Advisory Committee.
Section 12. Establishment of In-home Supportive Services Advisory Committee Fund.
Section 13. Advisory Committee Membership.
Section 14. Advisory Committee Terms—Appointment.
Section 15. Advisory Committee Vacancies and Removal.
Section 16. Advisory Committee Chairperson—Rules and Regulations.
Section 17. Advisory Committee Compensation.
Section 18. Advisory Committee Duties.
Section 19. Termination.
Section 20. Enumeration of Powers.
Section 21. Severability.
Section 1. Establishment of In-home Supportive Services Public Authority.
As authorized by Welfare and Institutions Code Section 12302.25, the Board of Supervisors for the County of Riverside (hereinafter Board of Supervisors) hereby establishes a public authority whose powers are derived from and are consistent with the provisions of Welfare and Institutions Code Section 12301.6. The name of this public authority shall be the Riverside County In-home Supportive Services Public Authority, and shall be referred to in this chapter as the "IHSS PA." The IHSS PA shall be governed by a Board of Directors as provided herein.
Section 2. Purpose.
The purpose of the IHSS PA is to act as the employer for Riverside In-home Supportive Services (hereinafter IHSS) providers pursuant to Welfare and Institutions Code Section 12301.6(c)(1) and to perform other IHSS functions as required by Welfare and Institutions Code Section 12301.6(e) and not retained by the County of Riverside.
Section 3. Board of Directors.
(a) Board of Directors. The governing body of the IHSS PA shall be the Board of Directors comprised of five members who shall be the members of the Board of Supervisors.
(b) Chairperson and Vice-Chairperson. The Chairperson and Vice-Chairperson of the Board of Supervisors shall be the Chairperson and Vice-Chairperson of the governing body of the IHSS PA. The Chairperson shall sign all contracts on behalf of the IHSS PA, unless the bylaws provide otherwise, and shall perform such other duties as may be imposed by the Board of Directors in the bylaws. The Vice-Chairperson shall sign contracts and perform all of the Chairperson’s duties in the absence of the Chairperson.
Section 4. Officers and Administrative Employees of the In-home Supportive Services
Public Authority.
(a) IHSS PA Executive Director. The Executive Director of the IHSS PA shall be appointed by a majority vote of the Board of Directors and shall serve at the pleasure of the Board of Directors. The Board of Directors shall further provide for the duties and responsibilities of the Executive Director in the bylaws.
(b) Secretary. The Clerk to the Board of Supervisors shall serve as the Secretary to the Board unless otherwise provided in the bylaws. The Secretary shall serve at the pleasure of the Board. The Secretary shall be responsible to the Board for the call and noticing of the meetings pursuant to the Ralph M. Brown Act (Section 54950 et seq. of the Government Code). The Board shall further provide for the duties and responsibilities of the Secretary in the bylaws.
(c) Treasurer. The Riverside County Treasurer is hereby designated as the Treasurer of the IHSS PA. The Treasurer shall be the depository, shall have custody of all of the accounts, funds and money of the IHSS PA from whatever source. The Treasurer shall serve without any additional bond. The Treasurer shall have charge of, handle and have access to all accounts, funds and money of the IHSS PA.
(d) Auditor-Controller. The Riverside County Auditor-Controller is hereby designated Auditor-Controller of the IHSS PA and shall serve without any additional bond.
(e) Provision for Officers and Administrative Employees. Pursuant to Section 2.112.070, the IHSS PA shall have the power and authority to either establish itself as an employer or contract with the County for various administrative personnel, including the Executive Director. Should the IHSS PA decide to contract with the County of Riverside for such personnel, the IHSS PA shall be responsible for the duties, responsibilities and performance of such personnel. Legal services shall be provided through the Office of the Riverside County Counsel, unless that Office recommends the retention of other legal services. The IHSS PA shall indemnify, defend and hold harmless the County and its authorized officers, employees and agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the County’s provision of personnel to the IHSS PA.
All of the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, relief, disability, workers’ compensation and other benefits, which apply to the activities of officers, agents, or employees of a public agency when performing their respective functions, shall apply to the officers, agents or employees of the IHSS PA to the same degree and extent while engaged in the performance of any of the functions and other duties of such officers, agents or employees under this chapter.
None of the officers, agents, or employees under contract with the County, or directly employed by the Board of Directors, shall be deemed to be employed by the County or, by reason of their employment by the Board, to be subject to any of the requirements of the County.
The Public Authority shall establish rules and regulations for employer-employee relations through the adoption of an Employer-Employee Relations Resolution. Said resolution shall provide:
(1) The Public Authority shall have a non-strike clause in any and all collective bargaining agreements with providers and 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.
(2) Final adoption of any such agreement negotiated between the Public Authority and any certified labor organization shall be by simple majority of the governing body of the Public Authority.
(3) The County Human Resources Department is designated as manager of labor relations for the Public Authority.
Section 5. Meetings; Quorum; Minutes; Bylaws.
(a) Meetings of the Board of Directors.
(1) Regular Meetings. The Board of Directors shall hold at least one regular meeting each quarter of every year. The date, hour and place of the regular meetings shall be fixed by action of the Board of Directors and contained in the bylaws.
(2) Special Meetings. Special meetings of the Board of Directors may be called in accordance with the provisions of Section 54956 of the Government Code.
(3) Call, Notice and Conduct of Meetings. All meetings of the Board of Directors, including without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (Section 54950 et seq. of the Government Code).
(b) Quorum. A majority of the Board of Directors shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. The affirmative votes of at least a majority of the Directors present at any meeting at which a quorum is present shall be required to take any action by the Board.
(c) Minutes. The Secretary shall cause to be kept minutes of the meetings of the Board, and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board of Directors.
(d) Bylaws. The Board of Directors shall adopt, and amend as necessary, bylaws for the conduct of its meetings and, as necessary, for administration of this chapter. The Board may adopt, from time to time, additional resolutions, rules, regulations, and policies for the conduct of its meetings and, as necessary, for administration of this chapter.
Section 6. Annual Budget.
The Board of Directors shall adopt an annual budget for each fiscal year. The bylaws shall further provide for the presentation and content of the budget as well as an annual fiscal report by the Treasurer.
Section 7. Powers.
(a) The IHSS PA shall be an entity separate from the County and shall file the Statement of Fact for the Roster of Public Agencies required by Section 53051 of the Government Code.
(b) The IHSS PA shall be a corporate public body, exercising public and essential governmental functions with all powers necessary and convenient to carry out the delivery of IHSS, including the power to contract for services pursuant to Sections 12302 and 12302.1 of the Welfare and Institutions Code, subject to any limitations set forth in this chapter.
(c) Pursuant to Welfare and Institutions Code Section 12301.6(f)(3), the County shall be immune from any liability resulting from its implementation of said Section in the administration of the IHSS Program. Any obligation or legal liability of the IHSS PA, whether statutory, contractual or otherwise, shall be the obligation or liability solely of the IHSS PA and shall not be the obligation or liability of the County. All contracts between the IHSS PA and third parties shall contain an express provision advising the contractor(s) that the IHSS PA is a separate governmental entity and that such agreement does not bind the County.
(d) All contracts, leases, or other agreements of any nature, including collective bargaining agreements, between the IHSS PA and any party, except those with the County, shall contain the following statement: "The IHSS PA is an independent legal entity, separate and apart from the County. The IHSS PA has no power to bind the County to any contractual or legal obligations, nor may the obligees of the IHSS PA seek recourse against the County for any financial or legal obligations of the IHSS PA."
(e) Employees of the IHSS PA shall not be employees of the County for any purpose.
(f) The IHSS PA shall be deemed to be the employer of IHSS providers referred to consumers from the registry pursuant to Welfare and Institutions Code Sections 12301.6(c)(1) and (h), and 12302.25 for the limited purpose of collective bargaining 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. The IHSS PA shall not be deemed to be the employer of IHSS providers under this chapter for purposes of liability, including but not limited to, the negligence or intentional torts of the IHSS providers.
(g) Nothing in these enumerated powers shall be construed to limit or interfere with the consumers’ right to retain, select, terminate, and direct the work of any IHSS provider providing services to them, pursuant to Section 12302.25(a) of the Welfare and Institutions Code.
(h) 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 Section 12302.2 of the Welfare and Institutions Code for IHSS providers, or to affect the state’s responsibilities with respect to unemployment insurance, or workers’ compensation for IHSS providers.
(i) The IHSS PA shall maintain general liability insurance in an amount determined to be adequate by the Board of Directors, and shall name the County as an additional insured.
(j) The Board of Directors as the governing body of the IHSS PA may hire staff, and adopt rules and regulations, not inconsistent with the provisions of this chapter, in order to implement and interpret this chapter.
Section 8. Duties.
Pursuant to Welfare and Institutions Code Section 12301.6, the IHSS PA shall provide for the following functions:
(a) Assist consumers in finding IHSS providers through the establishment of a registry.
(b) Investigate the qualifications and background of potential IHSS providers listed in the registry.
(c) Establish a referral system under which potential IHSS providers are made known to consumers.
(d) Provide for training for IHSS providers and consumers. The IHSS PA shall only pay for training that it provides directly, has contracted for, or for which it has provided prior payment approval. The IHSS PA may not require that any IHSS provider or consumer attend or complete any training.
(e) Ensure 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.
(f) Perform any other function related to the delivery of IHSS, unless otherwise prohibited by this chapter.
(g) The IHSS PA shall not have the authority to determine a consumer’s eligibility for IHSS PA or the number of hours of services each eligible consumer shall receive. Such duties shall be reserved to the County. The County and the IHSS PA shall not reduce authorized hours of service to consumers in order to fund the IHSS PA, fund wage and/or benefit increases to IHSS providers, or comply with Government Code Section 3500 et. seq.
(h) The IHSS PA shall provide the County with information necessary for the County to bill the California Department of Social Services for the state and federal share of the IHSS PA costs.
(i) The IHSS PA shall assist the County in developing and submitting the information and documentation necessary to obtain approval from the California Departments of Social Services and Health Services for the IHSS PA’s reimbursement rate and any rate adjustment.
Section 9. Fiscal Provisions.
(a) The IHSS Program is a federal and state funded program with differing levels of required County matching funds. The establishment and operation of IHSS PA or application of Government Code Section 3500 et. seq. shall not result in payments from the County’s general fund beyond the County’s annual appropriation for the IHSS PA, if any, which shall be an absolute limit on County cost.
(b) The IHSS PA shall seek to maximize the benefit of any available new or increased non-County matching federal or state funds authorized for IHSS.
(c) The total of all operating costs, wages and benefits proposed or established by the IHSS PA must be consistent with the provisions of the County budget. The IHSS PA may not establish a payment rate that includes the costs of wages, benefits and operation, until the governing body of the IHSS PA makes a finding that the funds necessary for payment of that rate are legally available.
(d) The IHSS PA shall adopt its budget under the same laws and policies that control the County budget process.
(e) The IHSS PA shall not spend funds or contractually, or otherwise, obligate funds in excess of the limits of its budget as set out in this chapter.
(f) The IHSS PA shall not have the authority to agree to, or approve any collective bargaining, or other agreement, that requires an increase in wages or economic benefits, or results in costs, unless there is a state and/or federal funding match for such increase. The IHSS Program shall not be reduced in order to fund the IHSS PA or wage and benefit increases to IHSS providers.
Section 10. Annual Report and Plan.
The IHSS PA shall submit annually a report to the Board of Supervisors detailing its functions, evaluating its operations for that year, and detailing any specific goals and objectives for the coming year and its plan for meeting those goals and objectives. If, for any coming year, the IHSS PA intends to expand its duties, the IHSS PA 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 for approval.
Section 11. Establishment of In-home Supportive Services Advisory Committee.
There is established a commission to be known as the Riverside County In-home Supportive Services Advisory Committee.
Section 12. Establishment of Advisory Committee Fund.
There is established an account to be known as the county in-home supportive services fund, pursuant to Welfare and Institutions Code Section 12301.4(b).
Section 13. Advisory Committee Membership.
The county in-home supportive services advisory committee shall consist of no more than eleven (11) members. The membership shall consist of:
(a) Six residents of the county who are current or former recipients of in-home supportive services;
(b) One member of the county office on aging advisory committee;
(c) Two residents of the county who are current or former providers of in-home supportive services;
(d) One county resident representing organizations in the county that advocate for people with disabilities;
(e) The director of the department of public social services, or a designee.
Section 14. Advisory Committee Terms—Appointment.
Advisory committee members shall be appointed by the Board of Supervisors. The term of office of each member shall be for two years and until the appointment of his/her successor. Incumbents may be appointed for successive terms.
Section 15. Advisory Committee Vacancies and Removal.
(a) Members of the advisory committee serve at the pleasure of the Board of Supervisors, and may be removed at any time or for any reason by a majority vote of the Board of Supervisors, without any right of appeal or review by any entity. A vacancy on the advisory committee shall occur automatically on the occurrence of any of the following events before the expiration of the term:
(1) Removal of the incumbent for any reason;
(2) Death or resignation of the incumbent;
(3) Ceasing to be a representative from the categories provided for in Section 13; or
(4) If the advisory committee holds only one regular meeting during each calendar month, absence from three consecutive regular or special meetings or his/her absence from four regular or special meetings in any twelve (12) month period, or if the advisory committee holds two or more regular meetings during each calendar month, absence from six regular or special meetings within a twelve (12) month period.
(b) The secretary of the advisory committee shall certify the happening of any vacating event to the Board of Supervisors. The Board of Supervisors may waive any vacating event for any member of the advisory committee by a majority vote by the Board of Supervisors.
(c) The Board of Supervisors shall make interim appointments to fill unexpired terms in the event of vacancies occurring during the term of members of the advisory committee. The Board of Supervisors shall act within sixty (60) days to fill a vacancy.
Section 16. Advisory Committee Chairperson—Rules and Regulations.
The members of the advisory committee shall annually elect a chairperson who shall serve for a term of one year. The advisory committee shall make such rules and regulations as necessary to conduct its business.
Section 17. Advisory Committee Compensation.
The members of the advisory committee shall serve without compensation, but may receive reimbursement for actual and necessary expenses as are incurred in the execution of their duties.
Section 18. Advisory Committee Duties.
The in-home supportive services advisory committee is charged with the following duties:
(a) To engage in research activities, and collect data regarding the array of service mode alternatives for delivery of in-home supportive services.
(b) To submit recommendations to the Board of Supervisors on the preferred mode or modes of service to be utilized in the county for in-home supportive services.
(c) To provide ongoing advice and recommendations regarding in-home supportive services to the Board of Supervisors, or any other administrative body in the county responsible for the delivery and administration of in-home supportive services.
(d) To adopt an adequate and complete strategic plan for the transfer of administrative responsibility for delivery of in-home supportive services to one or more entities approved by the Board of Supervisors, pursuant to Section 12301.6 of the Welfare and Institutions Code.
(e) To conduct at least three public hearings on its proposed county strategic plan before the plan is adopted by the advisory committee, and approved by the Board of Supervisors.
(f) To exercise all powers, duties, and functions as prescribed by statute, the Board of Supervisors, and the advisory committee.
(g) To prepare and submit to the Board of Supervisors for approval, prior to final adoption by the advisory committee, its by-laws and any subsequent amendments.
(h) To prepare and submit to the Board of Supervisors, for approval, an annual budget.
(i) To administer funds provided by the state to the county for administrative costs associated with execution of the aforementioned duties.
Section 19. Termination.
(a) Termination of the IHSS PA. By repeal of this chapter, the Board of Supervisors may abolish the IHSS PA.
(b) Distribution of Assets upon Termination. Upon repeal of this chapter and after resolution of all debts, liabilities and obligations, all property, both real and personal, of the IHSS PA shall be automatically transferred to the County.
Section 20. Enumeration of Powers.
The enumeration of powers in this chapter of some of the provisions of Welfare and Institutions Code Section 12301.6 shall not be interpreted as manifesting the intent of the Board of Supervisors to subject either the County or the IHSS PA to duties or liabilities not imposed by that statute.
Section 21. Severability.
(a) If any provision of this chapter, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this chapter are severable.
(b) Notwithstanding the provisions of subsection (a), if any provision of this chapter imposing limitations or restrictions on the IHSS PA, or the powers or duties of the IHSS PA, including the ability of the IHSS PA to propose or establish payment rates, shall be held invalid, the provisions of this chapter shall not be deemed severable and this chapter shall be held invalid in its entirety.
Section 22. Ordinance 809 is hereby repealed.
Section 23. This ordinance shall take effect thirty (30) days from the date of its adoption.
Adopted: 819 (6/11/02) #3.15 Eff. (7/11/02)