RESOLUTION NO. _____________

IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY,
COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION AUTHORIZING THE CHIEF OF THE HEALTH SYSTEM, ON BEHALF OF THE IN-HOME SUPPORTIVE SERVICES (IHSS) PUBLIC AUTHORITY TO, SUBMIT A LETTER OF INTENT TO THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES (CDSS) ON OR BEFORE JUNE 1, 2009, INFORMING CDSS OF A $2.00 PER HOUR WAGE DECREASE, FROM $11.50 TO $9.50 PER HOUR, FOR IHSS INDEPENDENT PROVIDERS TO BE EFFECTIVE JULY 1, 2009, TO REFLECT THE DECREASE IN THE STATE PARTICIPATION IN THE WAGE RATE

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RESOLVED, by the In-Home Supportive Services Public Authority of the County of San Mateo, State of California, that

WHEREAS, the Board of Supervisors of San Mateo County has designated itself as the Governing Board of the San Mateo County IHSS Public Authority (the “Public Authority”) to carry out programs pursuant to the In-Home Supportive Services program; and

WHEREAS, the Board of Supervisors is committed to participating in the Independent Provider wage at the highest rate at which the State participates; and

WHEREAS, the State of California has decreased the State participation rate from $11.50 to $9.50 effective July 1, 2009; and

WHEREAS, the State has informed all counties that beginning July 1, 2009, the California Department of Social Services (CDSS) prior approval of the Public Authority’s wage rate will no longer be effective because of the impending reduction in funds for this purpose in the 2009-10 Budget Act; and

WHEREAS, if the Public Authority fails to act, the State may require the Public Authority to keep the current $11.50 wage rate, in which case the increased cost to the County of replacing the State dollars in the IHSS wage would be over $3 million annually, an amount which is not affordable or sustainable for San Mateo County given its already existing structural deficit; and

WHEREAS, on April 30, 2009, CDSS notified all counties that, in lieu of its standard 60-day requirement for notification of IHSS wage changes, CDSS would instead require counties to submit “Letters of Intent” of any wage rate changes for FY 2009-10 by June 1, 2009, and further clarified that such Letters of Intent need not be executed by the Presidents of the Governing Boards of such Public Authorities; and

WHEREAS, the current MOU for IHSS workers expires on June 30, 2009 and to date no progress has been made in negotiations; and

WHEREAS, the County will continue to meet and confer in good faith with the union representing IHSS workers but must protect its financial interest by taking action now to meet the State notification deadline; and

WHEREAS, if the State rescinds its planned wage rate reduction, or other events occur which enable the Public Authority to pay a higher wage than $9.50 per hour, the Public Authority’s Letter of Intent may be appropriately modified; and

WHEREAS, no additional regular meetings of this Board are scheduled prior to June 1, 2009.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that, pending the outcome of union negotiations, the Chief of the Health System, on behalf of the San Mateo County IHSS Public Authority, is hereby authorized to submit a Letter of Intent to CDSS on or before June 1, 2009, informing CDSS of a $2.00 per hour wage decrease, from $11.50 to $9.50 per hour, for IHSS Independent Providers effective July 1, 2009, to reflect the decrease in the State participation in the wage rate.

IT IS FURTHER RESOLVED that the Chief of the Health System, on behalf of the San Mateo County IHSS Public Authority, is further authorized to take any further action that is required in order to submit a Letter of Intent to CDSS pursuant to CDSS All-County Information Notice No. I-34-09, including but not limited to, providing CDSS with a full description of the rate that the Public Authority will be implementing and providing CDSS with a written commitment of the Public Authority’s intent to submit a full rate package.

IT IS FURTHER RESOLVED that, if the State rescinds its planned wage rate reduction, or other events occur which enable the Public Authority to pay a higher wage than $9.50 per hour, Chief of the Health System, on behalf of the San Mateo County IHSS Public Authority, is hereby authorized to make modifications to the Public Authority’s Letter of Intent as she deems appropriate.

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