In establishing the Authority, the Board of Supervisors recognizes that the funding of IHSS is the product of a complex relationship of federal, state and county financing, and that the ability of the authority to operate and to negotiate the wages and benefits of the providers of IHSS is contingent upon the availability of adequate funding.
(A) Nothing in this article is intended to require the county to appropriate or to transfer any funds for the operation of the authority or for the payment of wages or benefits for in-home supportive services personnel, except as expressly provided in an agreement between the authority and the county, and the funds necessary to fund any obligation of the county has been appropriately provided for in the county’s annual budget or in an amendment to the annual budget.
(B) The establishment and operation of the Public Authority or application of Cal. Gov’t Code §§ 3500 et seq. shall not result in payments from the county’s general fund beyond the county’s annual appropriation for the Public Authority, if any, which shall be an absolute limit on county cost.
(C) The total of all administrative costs, wages and benefits proposed or established by the Authority shall be consistent with the provisions of the county budget and shall not provide for any payments promulgated or calculated from or based on contributions or payments from the county in excess of the amounts expressly provided for in the county’s annual budget or the county’s annual budget as it may be amended from time to time. The 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.
(D) The Authority shall not 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 the increases.
(E) IHSS services shall not be reduced in order to fund the Public Authority or to provide for the implementation of Cal. Gov’t Code §§ 3500 et seq.
(F) The Public Authority shall utilize any and all available start-up funds and shall seek to maximize the benefit of any available new on increased non-county matching federal or state funds or other available grant or foundation funds.
(G) The Public Authority shall adopt its budget under the same laws, rules and policies that control the county budget process.
(H) The authority shall provide the county with the expenditure information necessary for the county to report to the California Department of Social Services in order to receive reimbursement for the state and federal share of the Authority costs.
(I) The Authority shall assist the county in developing and submitting the information and documentation necessary to obtain approval from the California Department of Social Services and the Department of Health Services for the Authority’s reimbursement rate and any rate adjustment.
(J) Payment for all services provided pursuant to this article is contingent upon the appropriation of county, state and federal funds for the purpose of providing IHSS.
(1966 Code, § 5F-17) (Ord. 759, § 2)