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There is in the County of San Diego a Health and Human Services Agency, referred to hereinafter in this Article and throughout this Code, as the Agency. The Agency shall be under the general supervision of the Chief Administrative Officer. Each of the departments, divisions and geographic service regions of the Agency shall operate under the direction of an assigned Director. By operation of law the Agency succeeds to and assumes all the duties and responsibilities of the Departments of Area Agency on Aging, Public Health, Social Services, Mental Health, Behavioral Health, Alcohol and Drug Services, Child Welfare Services, Housing and Community Development, and the duties and responsibilities of the Veterans Service Officer. The Agency is an integrated and comprehensive health and human services system.
(Added by Ord. No. 8835 (N.S.), effective 11-6-97; amended by Ord. No. 8870 (N.S.), effective 3-5-98; amended by Ord. No. 9522 (N.S.), effective 1-9-03; amended by Ord. No. 10203 (N.S.), effective 4-26-12; amended by Ord. No. 10430 (N.S.), effective 6-21-16; amended by Ord. No. 10431 (N.S.), effective 7-28-16; amended by Ord. No. 10454 (N.S.), effective 2-9-17)
Cross reference(s) -- Chief administrative officer, § 120 et seq.
There is in the County and in the Agency the position of Deputy Chief Administrative Officer/ Agency Director of the Health and Human Services Agency, hereinafter in this Article and throughout this Code, referred to as Agency Director. The Agency Director shall be appointed by the Chief Administrative Officer. Any vacancy occurring in such position shall be filled by appointment by the Chief Administrative Officer in accordance with the County Charter and of the rules and policies established thereunder, and County ordinances. The Agency Director shall also be appointed and serve as a Deputy Chief Administrative Officer and, as described in Section 122 of this Code, shall oversee on behalf of the Chief Administrative Officer, the group of departments, divisions and geographic service regions which comprise the Agency.
In the event that the Agency Director does not possess the qualifications for County Health Officer specified in Section 101005 of the California Health and Safety Code, the enforcement duties described in Sections 101030 and 101040 of the Health and Safety Code shall be discharged by a physician and surgeon employed by the Agency with the title of Public Health Officer. The Public Health Officer enforcement responsibility under said circumstances is limited to decisions requiring technical medical judgments.
In the event the Agency Director does not possess the qualifications for County Veterans Service Officer specified in Section 970 of the California Military and Veterans Code, the Agency Director shall appoint a County Veterans Service Officer who possesses the requisite qualifications and who shall be under the supervision of the Agency Director.
In the event the Agency Director does not possess the qualifications for County Mental Health Director specified in Sections 5751 and 5751.1 of the California Welfare and Institutions Code, the Agency Director shall appoint a County Mental Health Director who possesses the requisite qualifications and who shall be under the supervision of the Agency Director.
(Added by Ord. No. 8835 (N.S.), effective 11-6-97; amended by Ord. No. 8870 (N.S.), effective 3-5-98; amended by Ord. No. 9522 (N.S.), effective 1-9-03; amended by Ord. No. 9839 (N.S.), operative 3-30-07; amended by Ord. No. 10430 (N.S.), effective 6-21-16; amended by Ord. No. 10431 (N.S.), effective 7-28-16; amended by Ord. No. 10454 (N.S.), effective 2-9-17)
State law reference(s)--Qualifications of health officer, Health and Safety Code, § 101005; enforcement duties, Health and Safety Code, §§ 101030, 101040; qualifications of veterans service officer, Military and Veterans Code, § 970.
The Agency Director shall act under the supervision of the Chief Administrative Officer. The Agency Director shall exercise supervision over all the functions of the Agency and shall enforce such rules and regulations as are prescribed and approved by the Board. Except as provided in Section 231 of this Code with respect to the County Health Officer and County Veterans Service Officer, the Agency Director succeeds to and assumes all responsibilities, authorities and duties of, and shall assume and become the following public officials, as such officials are referenced in federal, County or State statutes, ordinances, or regulations: County Public Health Officer; Director of Health Services; Local Director of Mental Health; Director of Public Social Services; County Welfare Director; County Drug Program Administrator; County Alcohol Program Administrator; County Drug and Alcohol Program Administrator; Director of the Area Agency on Aging; Community Action Director; Housing and Community Development Services Director; Behavioral Health Director; Child Welfare Services Director; and Veterans Service Officer. Except as provided in Section 231 of this Code with respect to the County Health Officer, Mental Health Director, and County Veterans Service Officer, the Agency Director may delegate the responsibilities of these positions to personnel in the Agency who report to the Agency Director.
(Added by Ord. No. 8835 (N.S.), effective 11-6-97; amended by Ord. No. 8870 (N.S.), effective 3-5-98; amended by Ord. No. 9522 (N.S.), effective 1-9-03; amended by Ord. No. 10203 (N.S.), effective 4-26-12; amended by Ord. No. 10430 (N.S.), effective 6-21-16; amended by Ord. No. 10431 (N.S.), effective 7-28-16; amended by Ord. No. 10454 (N.S.), effective 2-9-17)
The Agency Director shall coordinate the various activities of the departments, divisions and geographic service regions of the Agency and, within the scope of the policy declared by the Board, may issue administrative regulations designed to accomplish this end.
(Added by Ord. No. 8835 (N.S.), effective 11-6-97; amended by Ord. No. 9522 (N.S.), effective 1-9-03; amended by Ord. No. 10430 (N.S.), effective 6-21-16; amended by Ord. No. 10431 (N.S.), effective 7-28-16; amended by Ord. No. 10454 (N.S.), effective 2-9-17)
The Agency Director shall appoint and employ such personnel, including assigned Directors, as may be necessary to properly conduct the business of the Agency. Assigned Directors shall appoint and employ such personnel in the departments, divisions, and geographic service regions which they direct as are necessary to properly conduct Agency business. All appointments and employments made by the Agency Director and assigned Directors shall be made in accordance with the provisions of the County Charter, the Rules of the Civil Service Commission and County ordinances.
(Added by Ord. No. 8835 (N.S.), effective 11-6-97; amended by Ord. No. 8870 (N.S.), effective 3-5-98; amended by Ord. No. 9299 (N.S.), effective 2-22-01; amended by Ord. No. 9522 (N.S.), effective 1-9-03; amended by Ord. No. 10430 (N.S.), effective 6-21-16; amended by Ord. No. 10431 (N.S.), effective 7-28-16; amended by Ord. No. 10454 (N.S.), effective 2-9-17)
The Agency Director shall prepare and file with the Auditor and Controller and Chief Administrative Officer the required annual itemized estimates of expenditures and revenues for the Agency, and shall supervise the expenditure of all funds allotted to the Agency. The assigned Directors who direct departments, divisions, and geographic service regions within the Agency shall prepare and file with the Agency Director the required annual itemized estimates of expenditures for their respective departments, divisions, and geographic service regions.
(Added by Ord. No. 8835 (N.S.), effective 11-6-97; amended by Ord. No. 9522 (N.S.), effective 1-9-03; amended by Ord. No. 10430 (N.S.), effective 6-21-16; amended by Ord. No. 10431 (N.S.), effective 7-28-16; amended by Ord. No. 10454 (N.S.), effective 2-9-17)
Cross reference(s) -- Budget procedure, etc., § 110 et seq.
(a) Establishment of Fund and Statement of Intent. There is hereby established the Tobacco Settlement Revenue Securitization Trust Fund ("Trust Fund") to be administered by the Agency Director. The Trust Fund consists of proceeds received from the sale of the County's Tobacco Settlement Revenues ("TSRs") to the San Diego County Tobacco Securitization Corporation ("Corporation"). The Corporation paid for the TSRs using the proceeds of a loan from the Tobacco Securitization Authority of Southern California ("Authority"), a joint powers authority that issued bonds to finance the loan. The TSRs are used to make payments on the bonds. Since the bonds were issued on a tax-exempt basis, the County is required by the Internal Revenue Code (Title 26, United States Code) and the regulations implementing the Code, to comply with various restrictions on the use of the proceeds deposited in the Trust Fund. In addition, the Board of Supervisors has determined to limit expenditures from the Trust Fund to health related matters. The purpose of this section is to restrict expenditures from the Trust Fund to health related purposes and subject to the restrictions imposed by the Internal Revenue Code and implementing regulations.
(b) Expenditure Restrictions. Expenditures from the Trust Fund shall be allocated in accordance with the following guidelines:
1. To support a comprehensive tobacco control strategy that will significantly reduce tobacco use among youth and adults. Programs may include, but not be limited to, those that address cessation of tobacco use, support and facilitation of the adoption and enforcement of tobacco control laws, and prevention and health promotion activities that encourage tobacco-free environments and practices.
2. To increase funding for programs that:
a. Promote access and reduce barriers to assure quality healthcare.
b. Promote healthy lifestyles through prevention and education.
c. Reduce the abuse of alcohol, tobacco and other addictive substances.
d. Improve mental health services and the integration of tobacco cessation into mental health treatment programs.
e. Significantly reduce violence and abuse.
f. Reduce the incidence of chronic and infectious diseases.
g. Improve the health status indicators of vulnerable populations.
h. Minimize disparities in health status.
3. To support health related programs that leverage funding from other sources.
4. To use funds to supplement and not replace existing healthcare revenue.
5. Programs and services shall demonstrate effectiveness through evaluation of outcomes.
a. Programs shall incorporate "best practices" that have been proven to be cost- effective and efficient.
b. Innovative programs may be funded, providing there are plans for evaluation of outcomes.
(c) Internal Revenue Code Compliance. All expenditures must comply with the Internal Revenue Code and its implementing regulations as needed to maintain the exemption from federal income taxation on the interest payments on the bonds issued by the Authority.
(Added by Ord. No. 9384 (N.S.), effective 10-25-01; amended by Ord. No. 9522 (N.S.), effective 1-9-03; amended by Ord. No. 10430 (N.S.), effective 6-21-16; amended by Ord. No. 10431 (N.S.), effective 7-28-16; amended by Ord. No. 10454 (N.S.), effective 2-9-17; amended by Ord. No. 10689 (N.S.), effective 12-17-20)
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