(a) The Public Authority shall be deemed to be the employer, within the meaning of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code, of in-home supportive services personnel referred to recipients by the Public Authority. The Public Authority shall preserve the individual provider mode of service for recipients of IHSS and shall ensure that recipients retain the unconditional and exclusive right to hire, fire and supervise the work of their providers. In no event shall in-home supportive services personnel be deemed to be employees of the County for any purpose.
(b) Recipients shall retain the right to select, terminate, and direct the work of any in-home supportive services personnel providing services to them. In addition, 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 recruit, 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, provision 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. (§ 1, Ord. 1270, eff. September 27, 2001)