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HomeMy WebLinkAbout3809Ordinance No. 3809 AN ORDINANCE RELATING TO THE DESIGNATION OF THE PUBLIC AUTHORITY FOR IN-HOME SUPPORTIVE SERVICES The Board of Supervisors of the County of Butte ordains as follows: SECTION 1. PUBLIC AUTHORITY CREATED. The Board of Supervisors hereby establishes a public authority whose powers and authority are derived from and consistent with the provision of Welfare and Institutions Code Sections 12300 et seq. The public authority shall be known as the Butte County In-Home Supportive Services Public Authority and shall hereafter be referred to as the "Authority." SECTION 2. GOVERNING BODY. The governing body of the Authority shall be the Butte County Board of Supervisors. SECTION 3. ADVISORY COMMITTEE. The In-Home Supportive Services (IHSS} Advisory Committee established by the Butte County Board of Supervisors on December 19, 2000, by Resolution No. 00-161, in accordance with the requirements of Welfare and Institutions Code Section 12301.6(b)(C), (D) shall serve as the advisory committee to the Authority and shat! fulfill the roles and responsibilities required by Welfare and Institutions Code Section 12301.6. It shall report directly to the Authority's governing body. SECTION 4. AUTHORITY DUTIES. 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 Sec#ion 1396) of Chapter 7 of Title 42 of the United Sta#es 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) 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} terming#ing the recipient's participation in the IHSS program. The above-referenced services and functions shall be the exclusive responsibility of the Department of Employment and Social Services. SECTION 5. POWERS. (a) The Au#hority shall be an entity separate from the County of Butte 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 or convenient to carry out the powers conferred upon it by Welfare and lnstitu#ions Code Sections 12300 et seq. and this Chapter, including the power to contract for services pursuant to Welfare and Institutions Code Sections 12301 and 12302.1, subject to any limitations set forth in this Chapter. (c} The Authority shall be deemed to be the employer ofi 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-Millas-Brawn Act. Nothing in these enumerated powers shall be construed to limit or interFere with the rights of IHSS recipients to hire, fire, supervise and direct the work of any IHSS personnel providing services to them. SECTION 6. LIABILITY OF AUTHORITY. (a) Any obligation of 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 of liability of the County of Butte. {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 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 Butte 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 1230'! .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. {e} The Authority shall maintain general liability insurance in an amount determined to be adequate by the County's Risk Manager. If the Authority purchases its own insurance, the limits of liability shall be in an amount acceptable to 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 ail liability, including defense costs and legal fees, resulting from claims for damages arising from or connected with any act or omission of any officer, employee or agent of the Authority. 2 (g} The Authority shall require all third parties with whom i# contracts, other than the County ofi Butte, 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. SECTION 7, LABOR RELATIONS PROGRAM. The Authority shat! adopt rules and regulations for administration of employer-employee relations. Qnly 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. SECTION 8. FISCAL PROVISIONS. {a} In adopting this Chapter, the Board of Supervisor's recognizes that the funding of IHSS is the product of a complex relationship of federal, state and County financing and 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 far payment of wages or benefits to 1HSS 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. Payment for all services provided pursuant to this Chap#er is contingent upon the availability of county, state and federal funds for the purpose of providing IHSS. SECTION 9. RECORDS. 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. SECTION 70. TERMINATION. By repeal of this Chapter, the Board of Supervisors may abolish the Authority. SECTION 1'I. DISCLAIMER, By establishing the Authority, the County is assuming an undertaking only to promote the genera! 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. 3 The Clerk of the Board of Supervisors is au#horized and directed, before the expiration of fifteen {15) days after its passage, to publish this Ordinance once, with the names of the members of the Board of Supervisors voting for and against it, in the Chico Enterprise-Record, a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte this i2~h day of February,. 2QQ2 by the following vote: AYES: Supervisors Beeler, Dalan, Houx, Yamaguchi and Chair Josiassen NOES: hone ABSENT: None NOT VOTING: bone ---~ urt osiassen, Chair B d of Supervisors ATTEST: LAWRENCE D.ODLE, Interim Chief Administrative Officer and Cierk of the Board of Supervisors ., eputy 4