§ 2-364. Powers.  


Latest version.
  • (a)

    The authority shall be an entity separate from the county of Sonoma 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 article.

    (c)

    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; and

    (5)

    To perform all acts necessary and proper to carry out fully the purpose of this article and not inconsistent with Welfare and Institutions Code Sections 12300 et seq. or this article.

    (d)

    To promote administrative efficiencies and to avoid unintended duplication of resources prior to initiating delivery of IHSS through the authority, as described in this article, 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 that further compliance with all applicable county, state and federal labor laws, and compliance with all statutory and regulatory provisions applicable to the delivery of IHSS.

    (e)

    The authority shall be deemed to be the employer of IHSS providers within the meaning of Chapter 10 (commencing with Section 3500) of Division 4 of Title I 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.

    (f)

    Nothing in these enumerated powers shall be construed to alter, require the alteration of, or interfere with the state's payroll system and other provisions of Welfare and Institutions Code Section 12302.2 for independent providers of IHSS, or to affect the state's responsibilities with respect to unemployment insurance, or workers' compensation for providers of IHSS.

(Ord. No. 5289 § 1 (part), 2001.)