Title 2 of the Madera County Code is hereby amended by adding Chapter 2.80 of Title 2 to read in its entirety as follows:
Pursuant to the Welfare and Institutions Code Section 12302.25 this chapter establishes the Madera County in-home supportive services public authority as a separate and distinct legal entity. The purpose of this public authority is to provide for the delivery of the in-home supportive services program (IHSS) as specified below, subject to all applicable federal and state laws and regulations; and, to the limitations set forth. This chapter also establishes the powers and responsibilities of the public authority. (Ord. 2588 § 1(part), 2002).

For the purpose of this chapter, the following definitions apply:
“Advisory Committee” means a committee of not more than eleven individuals appointed by the board of supervisors to serve in an advisory capacity regarding IHSS and the PA, related to the delivery and administration of IHSS.
“Authority” means the county of Madera in-home supportive services public authority.
“Consumer” means a person who is a current or past user of personal assistance services paid through public or private funds, and includes a recipient of assistance from IHSS.
“County” means county of Madera.
“IHSS” means in-home supportive services as described in Welfare and Institutions Code Section 12300(a), (b), et seq., as amended from time to time.
“Provider” means a person who provides authorized in-home supportive services to a recipient.
“Recipient” means a person eligible and authorized to receive in-home supportive services pursuant to Welfare and Institutions Code Section 12300, et seq. (Ord. 2588 § 1(part), 2002).

The board of supervisors establishes a public authority whose powers and authority are derived from and consistent with the provisions of Welfare and Institutions Code Sections 12300 et seq. The public authority shall be known as the Madera County in-home supportive services public authority and shall be referred to as the “authority.”
The governing body of the authority shall be the members of the Madera County board of supervisors. (Ord. 2588 § 1(part), 2002).

The Madera County board of supervisors has established an IHSS advisory committee in compliance with the following Welfare and Institutions Code Sections 12300, et seq. The membership of the advisory committee, the process for recruitment, appointment, residency requirements and terms of office have been established by previous board of supervisors’ action. One of the statutory responsibilities of the advisory committee is to serve in an advisory capacity to the public authority.
A. Membership. Welfare and Institutions Code Section 12301.3. requires: (a) Each county shall appoint an in-home supportive services advisory committee that shall be comprised of not more than eleven individuals. No less than fifty percent of the membership of the advisory committee shall be individuals who are current or past users of personal assistance services paid for through public or private funds or as recipients of services under this article. (b) Prior to the appointment of members to a committee required by subsection (a), the county board of supervisors shall solicit recommendations for qualified members through a fair and open process that includes the provision of reasonable written notice to, and reasonable response time by, members of the general public and interested persons and organizations.
B. Responsibility. Welfare and Institutions Code Section 12301.4. requires: Each advisory committee established pursuant to Section 12301.3 or 12301.6 shall provide ongoing advice and recommendations regarding in-home supportive services to the public authority, any administrative body in the county that is related to the delivery and administration of in-home supportive services, and the governing body and administrative agency of the public authority, nonprofit consortium, contractor, and public employees. Upon enactment of this chapter, the IHSS advisory committee will also serve as the public authority advisory committee. (Ord. 2588 § 1(part), 2002).

The Madera County IHSS public authority shall be both of the following:
A. The authority shall be an entity separate from the county of Madera and shall file the statement of fact for the roster of public agencies required by Government Code Section 53051.
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 powers conferred upon it by Welfare and Institutions Code Sections 12300 et seq. and this chapter, including the power to contract for services pursuant to Welfare and Institutions Code Sections 12302 and 12302.1, subject to any limitations set forth in this chapter. (Ord. 2588 § 1(part), 2002).

Employees of the Madera County in-home supportive services public authority and providers shall not be deemed to be employees of the county of Madera for any purpose except as may be agreed by the county and the authority. (Ord. 2588 § 1 (part), 2002).

The Madera County IHSS public authority shall carry out the following functions to implement the goals and objectives of Welfare and Institutions Code Section 12301.6, including, but not limited to:
A. The provision of assistance to recipients in finding in-home supportive services providers through the establishment of a registry;
B. The investigation of the qualifications and background of potential in-home supportive services registry providers;
C. The establishment of a referral system under which in-home supportive services providers shall be referred to recipients;
D. The provision for training for providers and recipients;
E. The performance of any other functions related to the delivery of in-home supportive services;
F. The assurance that the requirements of the personal care option pursuant to Subchapter 19, commencing with Section 1396, of Chapter 7 of Title 42 of the United States Code are met;
G. The adoption of rules and regulations for the administration of the public authority consistent with the provisions of this chapter; and
H. The exercise of all powers, duties and functions as are prescribed by statute, ordinance of the board of supervisors and the authority. (Ord. 2588 § 1(part), 2002).

A. Notwithstanding Section 2.80.070(D), the authority shall not be obligated to provide training directly, to pay for training provided privately or in the community, to pay for the providers’ time spent in training, to accompany recipients to training, to pay for transportation to training or to pay for any materials required by the training. The authority shall not be obligated to ensure that any provider or recipient attend or complete any training.
B. The authority shall not be responsible for authorizing services for an IHSS recipient.
C. The authority shall not be responsible for determining a recipient’s need for IHSS, the level and quality of services required, and the eligibility of individuals to be served.
D. The authority shall not be responsible for conducting the initial or any subsequent assessment of need for services.
E. The authority shall not be responsible for terminating the recipient’s participation in the IHSS program. The above-referenced services and functions shall be the exclusive responsibility of the county of Madera. (Ord. 2588 § 1(part), 2002).

A. The authority shall have the power in its own name to do any of the following:
1. To contract for the services of planners, financial consultants, and other experts and, separate and apart therefrom, to employ such other persons as it deems necessary;
2. To sue and be sued in its own name;
3. To incur debts, liabilities or obligations subject to any limitations herein set forth;
4. To apply for, accept and receive state, federal or local licenses, permits, grants, loans or other aid from any agency of the United States of America, or of the state of California necessary for the authority’s full exercise of its powers;
5. To perform all acts necessary and proper to carry out fully the purpose of this chapter and not inconsistent with Welfare and Institutions Code Sections 12300 et seq. or this chapter; and
6. To promote administrative efficiencies and to avoid unintended duplication of resources, prior to initiating delivery of IHSS through the authority, as described in this chapter, the county and the authority shall enter into an agreement specifying the purposes, scope or nature of the agreement, the roles and responsibilities of each party including provisions which ensure compliance with all applicable county, state and federal labor laws, and compliance with all statutory and regulatory provisions applicable to the delivery of IHSS. (Ord. 2588 § 1(part), 2002).

A. The authority shall be deemed to be the employer of record of IHSS providers 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. Nothing in these enumerated powers shall be construed to limit or interfere with the rights of IHSS recipients to hire, fire, and supervise the work of any worker providing services to them.
B. In order to assure the preservation of the individual provider mode and limit the liability of the authority, the authority shall have no authority or jurisdiction to regulate, control, or limit the rights and responsibilities of recipients of in-home supportive services to hire, fire or to supervise providers. The right to supervise includes, but is not limited to, the right to determine matters such as work schedules, tasks and duties, assignments and direction of work, methods and standards of caring and conduct, discipline, provisions 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 authority, just as they held such rights and responsibilities independent of the county prior to the formation of the authority. (Ord. 2588 § 1(part), 2002).

Recipients of in-home supportive services may select in-home supportive services providers who are not referred to them by the authority. Those providers shall nevertheless be referred to the authority for the purposes of wages, benefits, and other terms and conditions of employment. (Ord. 2588 § 1(part), 2002).

The creation and operation of the in-home supportive services public authority for Madera County shall not alter, require the alteration of, or interfere with the state payroll system and other provisions of Welfare and Institutions Code Section 12302.2 for individual providers of in-home supportive services, or affect the state’s responsibility with respect to unemployment insurance or worker’s compensation for providers of in-home supportive services. (Ord. 2588 § 1(part), 2002).

A. The authority may hire employees including administrative and support staff as deemed necessary to provide mandated functions and may elect to contract with the county for such services.
B. The authority may utilize county employees/departments/ services utilized by the authority may include, but not be limited to, the following county departments: (a) Auditor-controller for financial and auditing services; (b) Department of social services for fiscal, administrative and clerical support functions; (c) Human resources for the provision of labor relations consultation; (d) County counsel as the legal advisor for the authority; (e) County administrative office for administration coordination of the PA; (f) Risk management for analysis of exposure to loss and consultation on insurance coverage; (g) Purchasing for mail and purchasing services; and (h) Information technology department for telecommunication equipment and support services and computer support services. (Ord. 2588 § 1(part), 2002).

The Public Authority Labor Relations Policy (Employer-Employee Relations Policy) shall be as provided in Exhibit A found on file in the office of the county clerk.
In-home supportive services providers shall be entitled to all of the rights conferred upon them by the Meyers-Milias Brown Act (Government Code Section 3500 et seq.), including the right to be represented in their relationship with the authority by an organization of their choice, and the right to meet and confer with the authority with regard to wages, benefits, and other terms and conditions of employment. (Ord. 2588 § 1(part), 2002).

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. Nothing in this chapter 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 such annual budget.
A. 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 authority determines that the funds necessary for the payment rate are legally available.
B. The establishment and operation of the authority or application of Government Code Section 3500 et seq. shall not result in payments from the county’s general fund beyond the amounts provided for in the county’s annual budget, as amended from time to time.
C. Services shall not be reduced in order to fund the authority or to provide for the implementation of Government Code Section 3500 et seq. in regard to IHSS providers.
D. The authority shall utilize any and all available start-up funds and shall seek to maximize the benefit of any available new or increased non-county matching federal or state funds or other available grant or foundation funds.
E. The authority shall adopt its budget under the same laws, rules, and policies that control the county budget process.
F. 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.
G. 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.
H. Payment for all services provided pursuant to this chapter is contingent upon the appropriation of county, state and federal funds for the purpose of providing IHSS. (Ord. 2588 § 1(part), 2002).

A. County Liability. The county of Madera shall not be liable for, and shall be immune from, any liability resulting from the implementation of Welfare and Institutions Code Section 12301.6 pursuant to this chapter or any implementing agreement or through the appropriation for payment of funds to the public authority.
B. Public Authority Liability.
1. Any obligation of the authority, whether statutory, contractual, or otherwise, shall be the sole obligation of the authority and shall not be the obligation of the county of Madera.
2. The authority shall not be deemed to be an employer for the purposes of liability due to the negligence or intentional torts of any provider.
3. The authority shall not be held liable for any action or omission of any provider whom the public authority did not list on a registry or otherwise refer to a consumer.
4. Any and all contracts, leases, or other agreements of any nature, including collective bargaining agreements, between the authority and third parties, other than the county, shall contain an express provision advising the third party that the authority is an independent legal entity, separate and apart from the county of Madera, and that the authority has no power to bind the county to any contractual or legal obligations. The third party must be further advised that obligees of the authority may not seek recourse against the county of Madera for any financial or legal obligation of the authority.
5. The county of Madera shall be immune from any liability resulting from its implementation of Welfare and Institutions Code Sections 12301.6 et seq. in the administration of the in-home supportive services program. Any obligation of the authority, whether statutory, contractual, or otherwise, shall be the obligation solely of the authority, and shall not be the obligation of the county.
6. Without limiting its indemnification of the county, the authority shall maintain insurance in an amount determined to be adequate by the county’s risk manager and shall name the county as additional insured. Evidence of such insurance shall be provided to the county’s risk manager within thirty days of the execution of the agreement between the authority and the county and shall be regularly provided thereafter.
7. The authority shall indemnify, defend, and hold harmless the county and its special districts, elected and appointed officers, employees and agents from any and against any and all liability, including acts of active negligence, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including but not limited to personal injury or property damage arising from, or connected with, any action or omission of any officer or employee of the authority. The authority shall provide an acknowledgment of such indemnification in writing to the county.
8. The authority shall require all third parties with whom it contracts, other than the county of Madera, to indemnify the authority, to provide the authority with written acknowledgment of such indemnification and to maintain adequate levels of insurance naming the authority as an additional insured. (Ord. 2588 § 1(part), 2002).

A. Records. The authority shall develop a records retention policy consistent with county, state, and federal laws and policies. The authority shall make any of the retained records available to all authorized county, state and federal representatives.
B. Annual Report. The authority shall submit annually a report to the board of supervisors detailing its functions and evaluating its operation of that year. In addition, such report shall present the authority’s specific goals and objectives for the coming year and its plan for meeting those goals and objectives. If, for any coming year, the authority intends to expand its duties, the authority shall present a detailed plan and budget for the implementation of that expansion of duties. Such plan shall be circulated to all interested county departments and community groups prior to presentation to the board of supervisors.
1. Cessation of authority. By repeal of this chapter the board of supervisors may abolish the authority. (Ord. 2588 § 1(part), 2002).