Purpose. | |
Membership of Governing Body. | |
Powers. | |
Fiscal Provisions. | |
Annual Report and Plan. | |
Transition of Functions. | |
Termination. | |
Enumeration of Powers. | |
Disclaimers. | |
Severability. | |
Minimum Compensation. | |
The Board of Supervisors for the City and County of San Francisco (hereinafter, City) by this Chapter establishes a public authority whose powers are derived from and consistent with the provisions of Welfare and Institutions Code Section 12301.6. The name of this public authority shall be the In-Home Supportive Services Public Authority, and shall be referred to in this Chapter as the "Authority." Its purpose is to assure the availability of independent providers for the In-Home Supportive Services Program (IHSS) through the establishment of a central registry, and related functions, and to perform any other functions, as may be necessary for the operation of the Authority, or related to the delivery of IHSS in San Francisco, subject to all applicable Federal and State laws and regulations, and to the limitations set forth in this Chapter.
(Added by Ord. 185-95, App. 6/9/95; Ord. 213-08, File No. 081014, App. 9/19/2008)
(a) The governing body of the Authority shall be composed of 13 members appointed by the Board of Supervisors. The Board of Supervisors shall solicit recommendations for appointment of qualified members through a fair and open process, including reasonable written notice to, and affording reasonable response time from, the IHSS Authority, members of the general public, and other interested persons and organizations. No fewer than 50 percent of the membership shall be individuals who are current or past users of personal assistance services paid for through public or private funds or who are recipients of IHSS, referred to in this Chapter as "consumers."
(b) Membership categories on the governing body shall be as follows:
(1) Two consumers over the age of 55 years, each authorized to represent organizations that advocate for aging people with disabilities;
(2) Two consumers between the ages of 18 and 60 years, each authorized to represent organizations that advocate for younger people with disabilities;
(3) One consumer at-large over the age of 55 years;
(4) One consumer at-large between the ages of 18 and 60 years;
(5) One worker who provides personal assistance services to a consumer;
(6) One Commissioner from the Human Services Commission, recommended to the Board by the Commission;
(7) One Commissioner from the Commission on the Aging, recommended to the Board by the Commission;
(8) One Commissioner from the Public Health Commission, recommended to the Board by the Commission;
(9) One member of the Mayor's Disability Council, recommended to the Board by the Council;
(10) One member representing the bargaining unit of the union that reresents IHSS independent providers;
(11) One consumer at-large who is 18 years of age or older.
(c) For purposes of Government Code Section 87103, and 2 California Code of Regulations 18703.3, it is hereby found and declared that the persons appointed to this governing body are appointed to represent and further the interests of the specific economic interest which an individual member is appointed to represent.
(d) Initial appointment of both the consumer and worker members shall be made from a list of recommendations based on applications designed by, and submitted to, the IHSS Task Force of Planning for Elders in the Central City. The governing body of the Authority may make recommendations to the Board of Supervisors for establishing procedures for consumer and worker member appointments. Every attempt shall be made to assure that each appointee will be able to serve the full term to which he or she has been appointed, in order to ensure continuity in the work of the Authority.
(e) If during his or her term as a member of the governing body of the Authority, Commissioner or member of the Mayor's Disability Council no longer serves on their respective Commission or Council, the body from which that member came shall make another recommendation for appointment and notify the Board of Supervisors of the end of that member's formal service.
(f) After the terms of the initial period are complete, each appointment to the governing body shall thereafter be for a three-year term. A member may be reappointed, but may not serve more than a total of nine consecutive years on the governing body.
(g) Qualified applicants must reside in San Francisco and have: familiarity with, or knowledge of, personal assistance services; the capacity to understand their role to aid and assist the Authority in the administration of its duties; and the ability to attend regularly scheduled meetings, which shall occur only in facilities which meet disability access requirements. Those City departments from which Authority members are drawn shall provide appropriate assistance to their respective representative in fulfilling his or her duties to the Authority. Each subsequent new member shall receive similar orientation and training from Authority staff within 60 days of appointment.
(h) Regulations governing the grounds for removal from, the governing body shall be established in the Bylaws of the Authority.
(i) Members of the governing body shall receive compensation as established in the Annual Salary Ordinance for attending meetings of the governing body. Additionally, members shall be reimbursed for all necessary expenses incurred for representing the governing body at regional, state and/or national meetings conferences and workshops or other activities as authorized by the governing body.
(Added by Ord. 185-95, App. 6/9/95; amended by Ord. 67-00, File No. 000354, App. 4/28/2000; Ord. 55-05, File No. 050120, App. 4/1/2005; Ord. 213-08, File No. 081014, App. 9/19/2008)
(a) The Authority shall be an entity separate from the City and County of San Francisco and shall file the Statement of Fact for the Roster of Public Agencies required by Section 53051 of the Government Code.
(b) The Authority 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) The Authority shall only engage in the following duties and functions involving IHSS until such time that the requirements for the transferring of additional functions, as set forth in Section 70.6 of this Chapter, are met: planning and advocacy for IHSS consumers and independent providers; operation of a registry, including investigation of the qualifications and background of potential independent providers, and referral of potential independent providers to consumers; and acting as the employer of IHSS independent providers in conformance with Subsection (g) of this Section.
(d) Any obligation or 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 or the liability of the City. All contracts between the Authority and third parties shall contain an express provision advising the contractor that the Authority is a separate governmental entity and that such agreement does not bind the City.
(e) All contracts, leases, or other agreements of any nature, including collective bargaining agreements, between the Authority and any party, except those with the City, shall contain the following statement: "The Authority is an independent legal entity, separate and apart from the City and County of San Francisco. The Authority has no power to bind the City to any contractual or legal obligations. Nor may the obligees of the Authority seek recourse against the City for any financial or legal obligation of the Authority."
(f) Employees of the Authority shall not be employees of the City for any purpose.
(g) The Authority shall be deemed to be the employer of IHSS independent providers referred to consumers, under Paragraph (3) of Subdivision (d) 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 Authority shall not be deemed to be the employer of IHSS independent providers under this Chapter for purposes of liability due to the negligence or intentional torts of those IHSS independent providers.
(h) 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 independent provider providing IHSS to them.
(i) 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 independent providers of IHSS, or to affect the State's responsibilities with respect to unemployment insurance, or workers' compensation for independent providers of IHSS.
(j) The Authority shall maintain general liability insurance in an amount determined to be adequate by the City's Risk Manager, and shall name the City as an additional insured.
(k) The governing body of the Authority shall hire the Executive Director of the Authority, and adopt rules and regulations, not inconsistent with the provisions of this Chapter, in order to implement and interpret this Chapter.
(Added by Ord. 185-95, App. 6/9/95; Ord. 213-08, File No. 081014, App. 9/19/2008)
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