Ordinance 809 no longer operative

 

REPEALED Per Ord 819 (3.15) 6/11/02

Effective 7/11/02

 

 

 

 

 

ORDINANCE 809

 

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, CREATING THE RIVERSIDE COUNTY IN-HOME SUPPORTIVE SERVICES ADVISORY COMMITTEE, PURSUANT TO WELFARE AND INSTITUTIONS CODE SECTIONS 12301.3 AND 12301.4

 

 

The Board of Supervisors of the County of Riverside, State of California, do ordain as follows:

 

Section 1.  PURPOSE AND INTENT.

            With the passage of Assembly Bill 1682 (Chapter 90, Statutes of 1999), the Legislature of the State of California recognizes that there is a compelling need to:

 

A.      Ensure the continuation of high-quality service & professionalism among in-home service providers, by offering a mechanism for securing fair & equitable wages and/or benefits;

 

B.     Provide the means for stakeholders to offer meaningful input to the Board of Supervisors, and to administrative entities responsible for the delivery of in-home supportive services;

 

C.     Ensure that the range of input to the Board for relative to in-home supportive services reflects the demographic diversity of the local areas where such services are delivered.

 

Section 2. DEFINITIONS.

“In-Home Supportive Services” is defined as those supportive services identified in Welfare and Institutions Code Section 12300 (b) to aged, blind, or disabled persons, as defined under this chapter, who are unable to perform the services themselves and who cannot safely remain in their homes or abodes of their own choosing unless these services are provided.

 

“Advisory Committee” is defined as the Riverside County In-Home Supportive Services Advisory Committee established pursuant to Welfare and Institutions Code Section 12301.3.

 

“Strategic Plan” is defined as the plan adopted by the Advisory Committee and submitted for approval to the Board of Supervisors.

 

“Advisory Committee Fund” is defined as the Riverside County In-Home Supportive Services Advisory Committee Fund.

 

 

Section 3.  ESTABLISHMENT OF ADVISORY COMMITTEE.

There is established a commission to be known as the Riverside County In-Home Supportive Services Advisory Committee.

 

Section 4.  ESTABLISHMENT OF ADVISORY COMMITTEE FUND.

There is established an account to be known as the Riverside County In-Home Supportive Services Fund, pursuant to Welfare and Institutions Code Section 12301.4 (b). 

 

Section 5.  ADVISORY COMMITTEE MEMBERSHIP.

The Riverside County In-Home Supportive Services Advisory Committee shall consist of no more than eleven members. The membership shall consist of:

 

1.      Six residents of Riverside County who are current or former recipients of in-home supportive services;

 

2.      One member of the Riverside County Office on Aging Advisory Committee;

 

3.      Two residents of Riverside County who are current or former providers of in-home supportive services;

 

4.      One county resident representing organizations in Riverside County that advocate for people with disabilities;

 

5.      The Director of the Department of Public Social Services, or a designee.

 

Section 6.  TERMS - APPOINTMENT.

Advisory Committee members shall be appointed by the Board of Supervisors.  The term of office of each member shall be for two (2) years and until the appointment of his/her successor. Incumbents may be appointed for successive terms.

 

Section 7.  VACANCIES AND REMOVAL.

Members of the Advisory Committee serve at the pleasure of the Board of Supervisors, and may be removed at any time or for any reason by a majority vote of the Board of Supervisors, without any right of appeal or review by any entity.  A vacancy on the Advisory Committee shall occur automatically on the occurrence of any of the following events before the expiration of the term:

 

a.         Removal of the incumbent for any reason;

 

b.         Death or resignation of the incumbent;

 

c.         Ceasing to be a representative from the categories provided for in Section 5; or

 

d.       If the Advisory Committee holds only one regular meeting during each calendar month, absence from three consecutive regular or special meetings or his/her absence from four regular or special meetings in any 12 month period, or if the Advisory Committee holds two or more regular meetings during each calendar month, absence from four consecutive regular or special meetings or absence from six regular or special meetings within a 12 month period.

 

e.         The Secretary of the Advisory Committee shall certify the happening of any vacating event to the Board of Supervisors. The Board of Supervisors may waive any vacating event for any member of the  Committee by a majority vote by the Board of Supervisors.

 

f.          The Board of Supervisors shall make interim appointments to fill unexpired terms in the event of vacancies occurring during the term of members of the Advisory Committee. The Board of Supervisors shall act within 60 days to fill a vacancy.

 

Section 8.  CHAIRPERSON - RULES AND REGULATIONS.

The members of the Advisory Committee shall annually elect a chairperson who shall serve for a term of one (1) year. The Advisory Committee shall make such rules and regulations as necessary to conduct its business.

 

Section 9.  ADVISORY COMMITTEE SUBJECT TO RALPH M. BROWN ACT.

The Advisory Committee’s meetings are subject to the open meeting laws contained in the Ralph M. Brown Act.

 

Section 10.  COMPENSATION.

The members of the Advisory Committee shall serve without compensation, but may receive reimbursement for actual and necessary expenses as are incurred in the execution of their duties.

 

Section 11.  DUTIES.

The In-Home Supportive Services Advisory Com. is charged with the following duties:

 

a.         To engage in research activities, and collect data regarding the array of service mode alternatives for delivery of in-home supportive services;

 

b.         To submit recommendations to the Board of Supervisors on the preferred mode or modes of service to be utilized in the county for in-home supportive services;

 

c.         To provide ongoing advice and recommendations regarding in-home supportive services to the Board of Supervisors, or any other administrative body in the county responsible for the delivery and administration of in-home supportive services.

 

d.         To adopt an adequate and complete strategic plan for the transfer of administrative responsibility for delivery of in-home supportive services to one or more entities approved by the Board of Supervisors, pursuant to Section 12301.6 of the Welfare and Institutions Code. 

 

e.         To conduct at least three public hearings on its proposed County Strategic Plan before the plan is adopted by the Advisory Com., and approved by the Board of Supervisors.

 

f.          To exercise all powers, duties, and functions as prescribed by statute, the Board of Supervisors, and the Advisory Committee.

 

g.         To prepare and submit to the Board of Supervisors for approval, prior to final adoption by the Advisory Committee, its By-laws and any subsequent amendments.

 

h.         To prepare and submit to the Board of Supervisors, for approval, an annual budget.

 

i.          To administer funds provided by the state to the county for administrative costs associated with execution of the aforementioned duties.

 

 

Section 12.    CONSTITUTIONAL LIMITS.

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such section, subsection, sentence, clause or phrase shall not affect the validity of the remaining portions of this Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

 

 

 

            Adopted:     2/27/01   3.36     (Eff.:  3/29/01)

            REPEALED BY 819 (3.15) 6/11/02 (Eff: 7/11/02)