§ 55-2.408. Service provider employment functions.

The Contra Costa County in-home supportive services public authority shall be deemed to be the employer of in-home supportive services personnel referred to recipients as provided in Section 55-2.406(3), within the meaning of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code, provided, nevertheless, that recipients shall retain the right to select, terminate and direct the work of any in-home supportive services personnel providing services to them.

In order to assure the preservation of the individual provider mode and limit the liability of the public authority, the public authority shall have no authority or jurisdiction to regulate, control or limit the rights and responsibilities of recipients of in-home supportive services to hire, fire or supervise providers. The right to supervise includes, but is not limited to, the right to determine matters such as work schedules, tasks and duties, assignments and direction of work, methods and standards of care and conduct, discipline, provisions for safety and security, control of premises, any in-home living or other accommodations and final resolution of concerns, problems and complaints relating to such supervision. Recipients retain such rights and responsibilities independent of the public authority, just as they held such rights and responsibilities independent of the county prior to the formation of the public authority.

(Ord. 2001-07 § 1).