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The County of San Diego In-Home Supportive Services 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 in-home supportive services in the County of San Diego, including the power to contract for services pursuant to sections 12302 and 12302.1 of the Welfare and Institutions Code, and to make or provide for direct payment to a provider chosen by the recipient for the purchase of services pursuant to sections 12302 and 12302.2 of the Welfare and Institutions Code.
(Added by Ord. No. 9345 (N.S.), effective 7-19-01)
A. The County of San Diego In-Home Supportive Services Public Authority shall carry out the following functions:
1. The provision of assistance to recipients in finding in-home supportive services personnel through the establishment of a registry.
2. Investigation of the qualifications and background of potential personnel.
3. Take such steps as may be necessary through the use of Department of Justice background clearances to implement Welfare and Institutions Code Section 12301.6, including obtaining criminal history information on employees providing in-home supportive services and not consider a person for employment who will be providing in-home supportive services, if that person has been convicted of a felony or misdemeanor, except that such conviction may be disregarded if it is determined that mitigating circumstances exist or if the conviction is not related to providing such services.
4. Establishment of a referral system under which in-home supportive services personnel shall be referred to recipients.
5. Providing for training for providers and recipients.
6. Performing other functions related to the delivery of in-home supportive services.
7. Ensuring 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. The Public Authority may provide the following functions:
1. Provide for additional compensation within budget limitations to individual providers who serve the severely disabled.
2. Provide payroll services for IHSS individual providers.
3. Provide program oversight to review the work of individual providers.
4. Provide emergency services when an IHSS recipient's regular service provider is unavailable.
5. Perform other functions related to the In-Home Supportive Services program as set forth in an Interagency Agreement between the Public Authority and the County of San Diego, including but not limited to, provider enrollment functions for any individual provider (registry and non-registry), conducting criminal background checks on any provider or prospective provider as provided for by law, conducting provider orientations, or any other functions as necessary or required by state law and regulations, subject to available funding.
(Added by Ord. No. 9345 (N.S.), effective 7-19-01; amended by Ord. No. 9567 (N.S.), effective 8-7-03; amended by Ord. No. 10021 (N.S.), effective 1-7-10)
In order to carry out its functions, the Public Authority may enter contracts with the County and other organizations or entities as necessary. Such contracts may include, but are not limited to, contracts for the provision of banking, auditor, payroll, counsel, administrative and other necessary services for the operation of the Public Authority. Funds necessary to pay for contract services are subject to the budget appropriations processes of the Public Authority and the County.
(Added by Ord. No. 9345 (N.S.), effective 7-19-01)
The County of San Diego In-Home Supportive Services Public Authority shall be deemed to be the employer of in-home supportive services personnel referred to recipients as provided in paragraph 3 of subdivision (e), within the meaning of Chapter 10 (commencing with § 3500) of Division 4 of Title 1 of the Government Code, provided, nevertheless, that recipients shall retain the right to hire, fire, and supervise the work of any in-home supportive services personnel providing services to them.
In order to assure the preservation of the individual provider mode and limit the liability of the Public Authority, the Public 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 supervise providers. The right to supervise includes, but is not limited to, the right to determine matters such as work schedules, tasks and duties, assignment 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 Public Authority, just as they held such rights and responsibilities independent of the county prior to the formation of the Public Authority.
(Added by Ord. No. 9345 (N.S.), effective 7-19-01)
Recipients of in-home supportive services may select in-home supportive services personnel who are not referred to them by the County of San Diego In-Home Supportive Service Public Authority. Those personnel shall nevertheless be referred to the Public Authority for the purposes of wages, benefits, and other terms and conditions of employment.
(Added by Ord. No. 9345 (N.S.), effective 7-19-01)
The creation and operation of the County of San Diego In-Home Supportive Services Public Authority shall not alter, require the alteration of, or interfere with the state payroll system or 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. Nor shall the creation and operation of the Public Authority alter, require the alteration of, or interfere with existing County responsibilities to perform eligibility functions and needs assessments as required by the provisions of the Welfare and Institutions Code.
(Added by Ord. No. 9345 (N.S.), effective 7-19-01)
The Public Authority or the Board of Supervisors 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 Labor Relations Division is designated as manager of labor relations for the Public Authority.
(Added by Ord. No. 9345 (N.S.), effective 7-19-01)
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