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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)
The costs and expenses of County of San Diego to provide administrative, legal, labor relations, and other services to the County of San Diego In-Home Supportive Services Public Authority, and to make payments or provide benefits for in-home supportive services providers, shall be charged against the funds of the Public Authority.
(Added by Ord. No. 9345 (N.S.), effective 7-19-01)
1. 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 County's annual appropriation, as amended from time to time, for the Public Authority, if any, which shall be an absolute limit on County cost.
2. The total of all operating costs, wages, and benefits proposed or established by the Public Authority shall be consistent with the provisions of the County budget, as amended from time to time. The Public 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. The annual appropriation for the Public Authority, if any, contained in the County's fiscal budget, as amended, for any fiscal year shall be an absolute limit on County cost for that fiscal year.
3. The Public Authority shall adopt its budget under the same laws, rules and policies that control the County budget process.
4. The Public Authority shall not have the authority to agree to or approve any collective bargaining or other agreement that requires an increase in wages or benefits unless there is a state or federal match for such increases. In-Home Supportive Services shall not be reduced in order to fund the Public Authority or implementation of Government Code section 3500, et seq.
5. The maximum amount of County funds available in any given budget year for the wage and benefit negotiations, if any, shall be set by the Board of Supervisors as part of the County's annual budget. While the establishment of this figure shall not obligate the County, it shall serve as the absolute limit to County costs for any increases negotiated in collective bargaining taking place that fiscal year. The absolute cap on annual County spending on wage or benefits increases shall not be affected by any potential changes in state or federal reimbursement rates.
(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 not to be the employer of in-home supportive services personnel referred to recipients under this ordinance for purposes of liability due to the negligence or intentional torts of the in-home supportive services personnel.
(Added by Ord. No. 9345 (N.S.), effective 7-19-01)
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