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Prior to any transfer of federal or State-mandated IHSS functions from City responsibility to the Authority, all affected Commissions, by resolution, and the Board of Supervisors, by ordinance, must approve such relinquishment by the City to the Authority of responsibility with respect to IHSS services. Further, the Authority, through its applicable process, must accept all legal liability for those legally mandated responsibilities transferred by the City to the Authority.
(Added by Ord. 185-95, App. 6/9/95)
The enumeration of powers in this Chapter of some of the provisions of Welfare and Institutions Code Section 12301.6 shall not be interpreted as manifesting an intent of the Board of Supervisors to subject either the City or the Authority to duties or liabilities not imposed by that statute.
(Added by Ord. 185-95, App. 6/9/95)
By establishing the Authority, the City and County of San Francisco is assuming an undertaking only to promote the general 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.
(Added by Ord. 185-95, App. 6/9/95)
(a) If any provision of this Chapter, or the application of any such provision to any person or circumstance, shall be held invalid, the remainder of this Chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Chapter are severable.
(b) Notwithstanding the provisions of Subsection (a) of this Section, if any provision of this Chapter imposing limitations or restrictions on the Authority, or the powers or duties of the Authority, including the ability of the Authority to propose or establish payment rates, shall be held invalid, the provisions of this Chapter shall not be deemed severable and this Chapter shall be held invalid in its entirety.
(Added by Ord. 185-95, App. 6/9/95)
All Employees of the In-Home Supportive Services Public Authority, including, without limitation, IHSS personnel referred to consumers, or referred by consumers for inclusion in the Authority, shall be deemed to be “Covered Employees” and shall be paid no less than the “Minimum Compensation,” as that term is defined in of the Labor and Employment Code, and shall be deemed “Employees” and paid no less than the “Minimum Wage,” as that term is defined in of the Labor and Employment Code. This Section shall be implemented in a manner that does not conflict with applicable federal or State laws.
(Added by Ord. 216-00, File No. 001272, App. 9/8/2000; amended by Proposition J, 11/4/2014)