A. Executive Director. The Executive Director of the Nevada-Sierra IHSS Public Authority shall be appointed by the Authority Board. The Executive Director may hire staff, if such authority is provided in the Authority’s adopted rules and regulations.
B. Labor Relations. Due to the special and critical health-care services provided through the IHSS program, the Board of Supervisors finds that any interruption of such services would pose an imminent threat to the health and safety of the recipients of IHSS services and to the community. In order to minimize the likelihood of such interruption, and thereby protect the health and safety of recipients, and to promote harmony and productive labor relations between the Authority and the providers, the Board shall:
1. Establish rules and regulations respecting the labor relations responsibilities of the Authority and such rules shall provide that a showing of interest of at least 20 percent of the eligible providers shall be a sufficient showing of interest for any labor organization to initiate any election or representation procedures established by the Authority for the purposes of certifying an exclusive representative for purposes of collective bargaining.
2. Require any collective bargaining agreement reached between the Authority and any labor organization certified to represent providers of IHSS services be subject to the limitations of the ordinances and to the Joint Powers Agreement creating the Authority and to ratification in its entirety (i.e., all provisions of such agreements shall be subject to the same vote) by a simple majority of the vote cast in a ballot in which all providers of IHSS services, as recognized by the Authority, shall be eligible to participate. Final adoption of any such agreement shall be by a simple majority vote of the Authority.
3. Require a nonstrike clause in any and all collective bargaining agreements with providers and personnel of the Authority. The nonstrike clause shall continue at least one year beyond the other provisions of any and all collective bargaining agreements.
4. Take all legal action necessary to bar any strike or other concerted interruption of services to IHSS recipients.
5. Require that in-home supportive services personnel be entitled to all of the rights conferred upon them by the Meyers Milias-Brown Act (Cal. Gov’t. Code § 3500 et seq.), including the right to be represented in their employment relationship with the Authority by an employee 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.
C. Fiscal Provisions. In establishing the Authority the member counties recognize 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 or in the Joint Powers Agreement is intended to require Sierra 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.
The total of all administrative costs, wages, and benefits proposed or established by the Authority shall be consistent with the provisions of the budgets adopted by the member counties and shall be based on the methodology for allocation of costs as set out in the Joint Powers Agreement between Nevada and Sierra Counties; provided, however, that the Authority shall not provide for any payments promulgated or calculated from or based on contributions or payments from Sierra County in excess of the amounts expressly provided for in Sierra 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.
The establishment and operation of the Public Authority or application of Cal. Gov’t. Code § 3500 et seq. shall not result in payments from Sierra County’s general fund beyond the amounts provided for in the county’s annual budget, as amended from time to time.
The Public Authority shall utilize all available start-up funds pursuant to Cal. Welf. & Inst. Code § 14132.95 and shall seek to maximize the benefit of any available new or increased noncounty matching federal or state funds or other available grant or foundation funds.
The Public Authority shall adopt its budget under the same laws, rules, and policies that control the budget process applicable to general law counties.
The Authority shall provide Sierra 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.
The Authority shall assist Sierra 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.
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.