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REPEALED Per Ord 819 (3.15) 6/11/02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