HomeMy WebLinkAboutMINUTES - 06172003 - C.46 TO: BOARD OF SUPERVISORS ` t *;` CONTRA
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FROM: Jahn Sweeten,County Administrator COUNTY
DATE: June 17, 2003
. T'
SUBJECT: AB 1474 (Vargas) Oppose
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
OPPOSE AB 1470 (Vargas), which would allow In-Hume Support Services (IHSS) provider wages and/or
benefits to be increased by local voter initiatives.
BACKGROUND/REASON(S)FOR RECOMMENDATIONN:
Centra Costa County has a long-standing policy of opposing state mandates and supporting local flexibility to
manage its operations. The 2003 State Legislative Platform includes the fallowing positions:
OPPOSE any efforts to increase the County's share of costs, maintenance of effort requirements or
other financing responsibility for state- mandated programs absent new revenue sufficient to meet
current and future program needs.
SUPPORT efforts to reduce County costs for In-home Supportive Services, including, but not limited to,
extending the required re-assessment period(reduce administrative costs).
AB 1470 (Vargas) contravenes the County's adopted policy positions. AB 1470 would allow In-Home
Supportive Services (IHSS)provider wages and/or benefits to be increased by local voter initiative. At the same
time, it would not provide new revenues to support these increased expenditure requirements.
CONTINUED ON ATTACHMENT: _,L6 YES SIGNATURE: r
RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OFBO COMMITTEE
APPROVE OTHER
!i
SIGNATURE(S):
ACTION OF BOAR0,00 June 17, ZW3APPROVED AS RECOMMENDED:1 OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT NoneI HEREBY CERTIFY THAT THIS IS A
} TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTEf t D
ASSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
**District TTT seat VAC,xn SUPERVISORS ON THE DATE SHOWN.
Contact:Sara Hoffman,3354090
ATTESTED June 17,
3
cc: CAO JOHN SWEETEN,CLERK OF
County Lobbyist THE BOARD OF SUPERVISOR$
ENSD Att([>COUNTY ADMINISTRATOR
CWDA(via EHSD)
CSAC(via CAO) ,
t
BACKGROUND/REASON(S)-FOR RECOMMENDATION (cont'd)
Currently, counties and county public authorities have the responsibility to set and negotiate wages with IHSS
providers. This is essentially the same meet-and-confer process that applies to other County employees. It is a
fair process, which takes into account many factors, including the County's financial status and other competing
local public policy priorities. Allowing for wage/benefit increases by voter initiative would break the link
between wage setting responsibility and financing authority. It could force the Board of Supervisors to cut other
important local programs in order to finance IHSS wage/benefit increases.
Over the past several years, the County's cost for the IHSS program has escalated rapidly: from $8.6 million in
1999-00 to $23.1 million in 2002-03. This rapid escalation in cost is creating significant cost pressures within
the 1991-92 realignment by absorbing local realignment revenue growth at the expense of other essential health
and human services programs. Realignment is financed through a portion of sales taxes and vehicle license
fees. These finite revenues are split among the many realignment programs, with revenue "growth" directed
towards the fastest growing programs. There is no guarantee that realignment will be sufficient to meet program
needs, and, in fact, historically, revenues have not always kept up with program growth. For mandated
programs like IHSS, shortfalls must be backfilled by County general purpose revenue, resulting in greater net
county costs. Since 199-00,the net county cost for IHSS increased from$211,000 to $12.2 million in 2002-03.
Contra Costa County is currently in the process of adopting its FY 03-04 budget. As reported in the
Recommended Budget, the County faces a shortfall of$54.5 million in net county costs (those costs that remain
after applying all federal, state and other programmatic revenues)necessary to provide the same level of services
in the coming fiscal year as were available in the current budget year. County departments have reduced
expenditures in order to help balance the County's budget. Further cuts may be necessary as the State adopts its
budget and passes reductions on to the County. Now is not the time to impose new funding requirements on
counties without dedicated sources of new revenues.
AMENDED IN ASSEMBLY JUNE 2,2003
CAi.IFt:RNLA LEGISLATURE--2003-041 EGU-LAR SESSIO'N'
ASSEMBLY BILL No. 1470
Introduced by Assembly Member Vargas
February 21, 2003
An act to acid Section 12302.35 to the Welfare and Iixstittxtions Code,
relating to in-home supportive services.
LEGISLATIVE COUNSEL'S DIGEST
A13 1470, as amended, Vargas. Ia-home supportive services:
provider wage and benefit increases: voter initiative.
Existing law provides for the county-administered In-Home
Supportive Services (IHSS) program, under which qualified aged.,
blind,and disabled persons are provided with services in order to permit
them to remain in their own homes and avoid institutionalization.
Existing law permits sen ices to be provided tinder the IHSS program
either through the employment of individual providers, a contract
between the county and an entity for the provision of services, the
creation by the county of a public authority, or a contract between the
county and a nonprofit consortium. Existing lax requires that the
counties and the state share the annual cast of providing IHSS services
in accordance with specified requirements,
Existing law provides that when any increase in IHSS provider wages
or benefits is negotiated or agreed to by a public authority or nonprofit
consortium, the county shall use county-only funds for the state and
county share of any increase of the cost of the program,unless otherwise
provided in the Budget.Act or appropriated by statute, and establishes
48
AB 1470 —2 —
a
--2 —
a formula with regardto state participation:for increases for which an
appropriation is provided.
`This bill would authorize, in any county, the increase in in-home
supportive services wages, benefits, or Doth, by voter initiative to the
same extent that these wages and benefits may be increased by the board
of supervisors under the IHSS program. It would require a voter
initiative to only be placed on the ballot of sa previously scheduler
county election and would specify the events that would have to ocean
in order for the voter initiative to take place.
Vote: ma. ority. Appropriation: nes. Discal committee: yes.
State-mandAted local program:no.
The people of the;Mate of California dry enact asfollows:
I SECTION 1. (a) The Legislature:finds and declares all of the
2 following:
3 (1) California counties have varying costs of living, levels of
4 employment, and labor pools with different shill levels,
5 (2) These differences result in fluctuating degrees ofdfficulty
in attracting persons to provide duality in-Mame supportive
7 services for low-income seniors and persons with disabilities.
8 (3) In order to remedy this situation with respect to the City and
9 County of San Francisco,the Legislature enacted Section 12302.3
10 of the Welfare and Institutions Code to provide specific authority
I I to permit the increase of wages for in-home supportive services
12 providers in that county,
13 (b) It is the rent of the Legislature in enacting this act to create
14 an ongoing remedy for the situation described in subdivision (a)
15 with respect to all California counties.
16 SEC, 2. Section 12302.35 is added to the Welfare and
17 Institutions Code,to read:
1$ 12302.35, (q) Notwithstanding the authority of the board of
19 supervisors in this article and the authority sof the board of
20 supervisors with respect to county expenditures pursuant to
21 Division 3 (commencing with Section. 29000) of Title 3 of the
22 Government Code, in any county, in-home supportive services
23 wages,benefits,or both,may be increased by voter initiative to the
24 same extent that the wages and benefits may be increased under
25 this article by the board of supervisors,
98
�. AB 1470
1 (b) A voter initiative authorized by this section shall only be
2 placed on the ballot of a prvvioa 5!lv scheduled county election,and
3 may not be used to require a county to hold ca special election.
4 (c) A voter initiative under this section shall only take place
5 when the following events have occurred:
C (1) The employer of record and the employee organization have
;F exhausted their obligations to meet and confer in goodfaith, within
S the meaning of Section 3505 qf the Government Code.
9 (2) Impasse has been reached over increases in wages or
10 benefits, or both, and impasse procedures have been exhausted.
11 (3) after two months o,f impasse, either party shall submit the
12 dispute to the Public Employee,Relations Board or the California
13 State Mediation and Conciliation Service, which shall there
14 appoint a mediator who will attempt to reach a resolution of the
15 dispute.
16 (4) If, after one .month, the mediator appointed by the
17 government agency is unable to effect settlement of the dispute
18 between the parties, the employee otganizaation shall request Haat
19 the government agency appoint a fact finder to investigate and
20 determine the amounts of county moneys available, if any, to fund
21 the proposed increase in wages or benefits, or both.
22 (5) Within one month of appointment, the fact f finder shall issue
23 an advisory determination of the amount o f additional resources
24 available outside of realignment accounts, of any, and the parties
25 shall have one month to tweet rand confer in good faith over the
26 medicator° determination, 1,f,after the final month, the parties have
27 not reached an agreement, the voter initiative authorized by this
28 section may take place.
29 (d) Costs of"rnediation under subdivision (c) shall be divided
30 one-ha ff to the employer of record and one-half to the employee
31 organization.
32 (e) The total cost of wages and benefits provided by a voter
33 initiative under this section shall not exceed the maximum levels
34 of wages and benefits as provided for in paragraphs (2) to (5),
35 inclusivet of subdivision (d)of Section 12306.1,
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