Nicholas Micheli, Vice-Chair, District1 Dan Flores, District2 Mike Ziegenmeyer, District 3 Karm Bains, District 4 Mat Conant, Chair, District5 5  AGENDA SUMMARY BOARD OF DIRECTORS SUTTER COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY htp/suttercountycal igm2. comcitrensDeautasps  CAEITORRI  The Agendai is posted int the entrance oft the County Office Building at 1160 Civic Center Blvd., Yuba City. The Agenda Summary, backup materials, and Approved Minutes are also posted ont the Sutter County' Website: at: Materials related to ani item ont this Agenda submittedi tot the Board after distribution oft the Agenda packet are available for public inspectioni int the office oft the Clerk of the Board at 1160 Civic Center Blvd., Yuba City, during normal business hours.  October 22, 2024 3:00 PM CITY COUNCIL CHAMBERS 1201 CIVIC CENTER BLVD., YUBA CITY, CA  PROCEDURE FOR PUBLIC COMMENT  Members of the Public will be allowed to address the Board during the Board's consideration of each Agenda item. If you wish to speak on any item appearing on the Agenda, please fill out a Speaker Card, noting the number of the Agenda item about which you wish to speak and present itt to the Board Clerk. If you wish to speak about more than one Agenda item, please fill out a separate card for each item. If you wish to speak under Public Comment, please note that on the Speaker Card. When the matter is announced, please approach the speakers' lectern after being recognized by the Chair.  CALL TO ORDER Roll Call PUBLIC COMMENT  Members of the public will be allowed to address the In-Home Supportive Services Public Authority - Board of Directors on items of interest to the public that are within the subject matter jurisdiction of the Board. State law provides that no action may be taken on any item not appearing on the posted Agenda. 1) Approval of the Public Authority In-Home Supportive Services Program hourly wage, increasing the hourly wage to $17.35, effective January 1, 2025; approval of the related Administrative Rate increase of $0.10 per hour; and approval of the Health Benefit Rate decrease of $0.03 per hour to allow for the establishment of al Non-Health Benefit Rate of $0.03 per hour (MT6564)  APPEARANCE ITEM  OTHER BUSINESS - BOARD OF DIRECTORS  CLOSED SESSION  A Closed Session may be held at any time during the meeting to address any of the items appearing on this agenda as authorized by Government Code Section 54957.6 (Employee Matters); 54956.8 (Real Property Negotiations); 54956.9 PendingAnticpated Litigation); 54956.95 (Liability Claims); and 54957  (Threat to Public Services or Facilities).  ADJOURNMENT  Requests for assistive listening devices or other accommodations, such as interpretive services, should be made through the Clerk of the Board at (530) 822-7106. Requests should be made at least 72 hours prior to the meeting.  Later requests will be accommodated tot the extent feasible.  IHSS AGENDA  Page 1  October 22, 2024    1  SER CO   Agenda Date: October 22, 2024 Agenda Item MT# 6564  CILITONRI  SUTTER COUNTY PUBLIC AUTHORITY  Staff Report To: From: Subject:  Sutter County In-Home Supportive Services Public Authority Governing Board Sarah Eberhardt-Rios, Director of Health and Human Services  Department: Health & Human Services  Approval of the Public Authority In-Home Supportive Services Program hourly wage, increasing the hourly wage to $17.35, effective January 1, 2025; approval of the related Administrative Rate increase of $0.10 per hour; and approval oft the Health Benefit Rate decrease of $0.03 per hour to allow for the establishment of al Non-Health Benefit Rate of  $0.03 per hour (MT6564)  Recommendation:  Itis recommended the Public Authority Governing Board approves the Public. Authority (PA) In-Home Supportive Services (IHSS) Program hourly wage, increasing the hourly wage to $17.35/hour, effective January 1,2 2025; approves the related Administrative Rate increase of $0.10 per hour; and approves the Health Benefit Rate decrease of $0.03 per hour to allow for the establishment of al Non-Health Benefit On August 13, 2024, the PA Governing Board adopted al Memorandum of Understanding (MOU) between Sutter County IHSS PA: and the United Domestic Workers of America, AFSCME Local 3930, AFL-CIO UDW/AFSCME), for the period of. January 1, 2023 through June 30, 2027. The MOU provides for three separate hourly wage increases. Each increase must be approved by the PAI Board as well as the California Department of Social Services (CDSS). The first wage increase was approved by the PA Board on August 13, 2024, andi is pending final approval by CDSS. The second total provider wage Base wage: On January 1, 2025, the California minimum wage will be $16.50 per hour. Supplemental hourly wage (subsequent, one-time MOE adjustment): twenty cents ($0.20) per Supplemental hourly wage (continued, no MOE adjustment): sixty-five cents ($0.65) per hour  Rate of $0.03 per hour. Background:  increase, effective January 1, 2025, will be as follows:  hour above the applicable minimum wage. above the applicable minimum wage.  Hourly wage total: $16.50 + $0.20 + $0.65= $17.35/hour.  The third wage increase, effective January 1, 2026, will come before the board in 2025. Approval from the PA Governing Board is required by the state if the PAI Rate Change Request provides for a change in any components other than taxes (i.e. health benefits, non-health benefits or administrative costs). Sutter County is requesting an Administrative Rate increase from $0.451 to $0.55 per hour, an increase of $0.10 per hour, in addition to the hourly wage increase for IHSS providers,  effective January 1, 2025.  Packet Pg. 2    1  In addition to the increases to the wage supplement and administrative rate, Sutter County is requesting lowering the existing Health Benefit Rate of $0.201 to $0.17, a decrease of $0.03 per hour. This will allow for the establishment of al Non-Health Benefit Rate, from $0.00 to $0.03, an increase of $0.03 per hour. The designation of al Non-Health Benefit Rate is a distinction required by the State per All County Letter (ACL) No. 21-19, with the total benefit rate of $0.20 remaining as negotiated. Upon approval by the PA Governing Board, the request and required documents will be provided to the state fori final approval. On August 13, 2024, the Public Authority Governing Board adopted the IHSS PAI MOU for the period of The Public Authority Collective Bargaining Representative negotiated the terms and conditions of the wage increase within the bargaining authority approved by the Board. The IHSS Providers representative Union ratified the MOU containing the wage increase. The PA Governing Board could deny approval of this wage increase. Because the wage increase was negotiated with, and ratified by, the IHSS Providers This recommendation has involved staff from the Health and Human Services Department and the  Prior Board Action: January 1, 2023 through June 30, 2027. Board Alternatives:  representative Union, this alternative is not recommended. Other Department and/or Agency Involvement:  County Administrator's Office who concur with the recommended action. Authorily/Non-Profit Consortium Rate form (SOC 449) to the state.  Action Following Approval:  Sutter County will submit the wage increase and attached In-Home Supportive Services Program Public The cost of the base wage supplement will be added to the County's Maintenance of Effort (MOE) ona permanent basis but will not be compounded for subsequent increases not locally negotiated. The FY: 2024-25 fiscal impact of this agreement results in an increase of approximately $150,102 ini the County's Maintenance of Effort. This cost would be fully covered by Social Services Realignment Funds. Scheduled increases related to this MOU will also bei included in future year budgets. This item bypassed a committee review at the discretion of the County Administrator's Office. Itis  Fiscal Impact:  Standing Committee Review: agendized as an Appearance item. Respectfully Submitted, s/Sarah Eberhardt-Rios Director of Health and Human Services 1. HSSPA.MOU1.1.23-6.30.27.FE 2. SOC 4491 form 01.01.2025KJ  Attachments:  Packet Pg. 3    1.a  Docusign Envelope ID: AAA981EB-F947-4A53-8A5C-7C6CA74402B7  IHSS-PA24  MEMORANDUM OF UNDERSTANDING  BETWEEN  SUTTER COUNTY IN-HOME SUPPORTIVE SERVICES  PUBLIC AUTHORITY  AND  UNITED DOMESTIC WORKERS OF AMERICA,  AFSCME Local 3930, AFL-CIO  JANUARY 1,2023 THROUGH JUNE 30, 2027  Packet Pg. 4    1.a  Docusign Envelope ID: AMBIEBF947-AS5BASCIC8CA/440287  MOU 2023-2027 AFSCME Local 3930, AFL-CIO TABLE OF CONTENTS  Sutter County IHSS and United Domestic Workers of America,  INTRODUCTION. SECTION1 1. UNION RECOGNITION. 1.1 Union Recognition SECTION2. CONSUMER RIGHTS. 2.1 Consumer Rights SECTION3. UNION ACCOMMODATIONS. 3.1 Lists and Information. 3.2 Bulletin Board 3.3 Dues Deduction 3.4 Union Representatives 3.5 Provider Orientations. SECTION 4. WAGES AND OTHER COMPENSATION. 4.1 Base Wages 4.2 Wage Supplement. 4.3 Adoption of Wage Changes. 4.4 Wage Contingency. SECTION 5. BENEFITS SECTION 6. REGISTRY.  5.1 Dental, Vision, and Life Insurance.  6.1 Registry Services 6.2 Removal from the Registry. 6.3 Application. SECTION7. GRIEVANCE PROCEDURE. 7.1 Definition. 7.2 Provider Participation  7.3 Affect of Grievance on Pending Action.  Packet Pg. 5    1.a  Docusign Envelope ID: AAA981EB-F947-A53-BA5C-7C6CA74402B7  7.4 Filing Deadline. 7.5 Procedural Steps. E. Time Limits. SECTION 8. TRAINING INCENTIVES. SECTIONS 9. HEAL TH AND SAFETY. SECTION 10. SUCCESSOR MOU. 10.1 Full Understanding 10.2 Severability ofProvisions. 10.3 Modification. 10.4 Waiver. 10.5 Term.. SIGNATURES.  10 10 10 11 12 12 12 12 12 12 12 12 13 14  FULL UNDERSTANDING, SEVERABILITY, MODIFICATION WAIVER, TERM, AND NEGOTIATION OF  10.6 Labor Management Relations Committee. 10.7 Negotiation of Successor MOU.  Packet Pg. 6    1.a  Docusign Envelope ID: MASBIEBF941/4ASBAS3BASCIC8CA/440287  MOU 2023-2027 AFSCME Local 3930, AFL-CIO  Sutter County IHSS and United Domestic Workers of America,  INTRODUCTION  This Memorandum of Understanding (MOU) is made by and between the Sutter County In-Home Supportive Services Public Authority ("the Public Authority") and the United Domestic Workers of America, AFSCME Local 3930, AFL-CIO ("the Union"), representing those Independent IHSS Providers ("Providers") who are members of the In-Home Supportive Services ("IHSS") Bargaining Unit. This MOU constitutes the result of meeting and conferring in good faith pursuant to the California Government Code and the Public The Public Authority and the Unionr recognize that the Public Authority is an independent legal entity separate and apart from the County of Sutter ("the County"). The Public Authority has no power to bind the County to any contractual or legal obligations. Nor may the obligees of the Public Authority seek recourse against the County of Sutter for any This MOU formalizes the unique employer-employee relationship defined in law between the IHSS Public Authority and the Union. The Public Authority and the Union also recognize that the Public Authority does not employ or manage the Provider workforce in the role of a The Public Authority and the Union further recognize that, due to the nature of the relationship between them and the role of that relationship in the IHSS program, the implementation of various provisions of this MOU will require the assistance and cooperation of agencies that are not party to this MOU. The Public Authority and the Union agree to work together in good faith in order to secure the assistance of the appropriate entities when required by the provisions of this MOU. The parties may meet  Authority Employer Employee Relations Resolution.  financial or legal obligation of the Public Authority.  traditional employer.  as needed to address issues of concern.  SECTION1 UNION RECOGNITION  1.1 Union Recognition  The Sutter County In-Home Supportive Services (IHSS) Public Authority recognizes the United Domestic Workers of America, AFSCME 3930, AFL-CIO as the exclusive representative of the Providers. This Agreement does not apply to others affiliated with, or employed by the Public Authority, including without limitation, administrative and operational  staff.  Packet Pg. 7    1.a  Docusign Envelope ID: AAA981EB-F947-4A53-8A5C-7C6CA74402B7  SECTION2 CONSUMER RIGHTS  2.1 Consumer Rights  The parties reaffirm that under State Law and County Ordinance establishing the IHSS Public Authority, IHSS consumers have the sole and undisputed right to:  a. Hire Providers of their choice;  b. Fire and/or remove Providers from their service at will; within the scope of authorized services, and and may not enter and/or remain in their home.  : Supervise and direct the work of Providers who are providing services to them d. Determine in advance and at any time and under all circumstances who may The Union shall neither seek nor receive information regarding the name, address, phone number, or any other personal information regarding consumers. Union representatives and IHSS Providers shall maintain strict standards of confidentiality regarding consumers and shall not disclose personal information obtained, from whatever source, pertaining to consumers, unless disclosure is compelled by legal process or otherwise authorized by law. IfConsumer information is disclosed pursuant to this section, the consumer and the IHSS Public Authority shall be notified of such release or disclosure immediately. The Union shall have no contact with either the consumer or the Provider at the consumer's home without the express permission of the consumer. It is recognized that the Union may, fromi time tot time, inadvertently contact al Provider at the consumer's home because Providers sometimes use consumer's home addresses and/or phone numbers for contact purposes without informing the Union of this fact. However, once the Union becomes aware that a contact address or phone number belongs toaconsumer, the Union shalli immediately comply with the provisions of this Section. This section does not apply to contact with the Provider when the Provider and the consumer share the same residence as their primary residence.  SECTION3 UNION ACCOMMODATIONS  3.1 Lists and Information  The Public Authority shall, on a monthly basis, provide to the Union a list of all current Providers, including the name, address, telephone numbers, social security number, languages, hours authorized and, ifa available, hours paid in the previous month. The list shall The Union shall defend, indemnify, save, protect and hold harmless the Public Authority and their respective boards, directors, officers and employees from any and all claims, demands, costs, and liabilities for any damages and/or injury arising from disclosure to the Union of  be provided in an agreed upon computer format.  2  Packet Pg. 8    1.a  Docusign Envelope ID: AAA981EB-F947-4A53-BA5C-7C6CA74402B7  information pursuant to this Section of this Agreement.  3.2 Bulletin Board  The Public Authority will provide an Official Union Representative, as identified in Section 3.5, below, with the key to a secure bulletin board, which will be located where Providers are instructed to submit their timesheets, for use by the Union to post materials related to official Union business. Union representatives may post material, provided such activities do not disrupt official business activities of the office. No material, other than the Union newsletter, training materials and announcements, requests for volunteers, notices of meetings, events, elections, and appointments, shall be posted on the bulletin board unless and until approved for posting by the Public Authority Manager. Postings that are critical of Public Authority employees and postings of a political nature shall not be considered to be official Union business and therefore are prohibited. For the purposes of this Section, the term "political nature" shall include postings that tend to support, oppose or criticize a candidate for public office or an elected public official or, postings that are intended toi influence the outcome ofa All materials shall be dated and signed by the Union's representative responsible for its issuance. Posted material shall bear the identity of the organization, not be misleading or in violation of any law, neatly displayed, and removed when no longer timely. The IHSS Public Authority reserves the right to remove any material posted in violation of this Section. Ifthe Public Authority does remove posted material from the Union bulletin board, it will notify the Ifthe procedures for the submission of Provider timesheets is modified in such a manner that Providers are no longer required to physically deliver their timesheets, the above- described bulletin board will be relocated to the area in which Providers routinely conduct  publicly held election.  Union in writing.  their business with the Public Authority. 3.3 Dues Deduction  The Union has the exclusive privilege of dues deduction for all IHSS Providers in the bargain unit covered by the Agreement. The Union will advise California Department of Social Services (CDSS) ori its designated payroll agent for the IHSS Providers in the bargaining unit covered by the Agreement, to deduct all authorized dues, fee and/or assessments required by the Union. Union dues shall be deducted, as authorized by each IHSS Provider, from the bargaining unit wages and other earned compensation, including "lump sum" and/or  retroactive pay.  3.4 Union Representatives  At the beginning of this Agreement, the Union shall provide the Public Authority Manager with a current list of Official Union Representatives and stewards for the Provider bargaining unit. This list shall include the name, title, telephone number, mailing address and e-mail address (if any) of the Official Union Representatives and stewards, if any. Of the Official Union Representatives named, the list shall include the Union President and the Union Executive Director. The Union shall notify the Public Authority Manager in writing of any changes toi the list as they occur. Lists provided pursuant to this Section will be mailed to the address  3  Packet Pg. 9    1.a  Docusign Envelope ID: AAA981EB-F947-4A53-BA5C-7C6CA74402B7  provided by the Public Authority Manager for that purpose. Official Union Representatives and stewards shall not be recognized by the IHSS Public Authority until such list or changes  to the list are provided to the Public Authority Manager.  3.5 Provider Orientations  A. Whenever the Public Authority conducts an orientation for more than one (1)provider and/or Registry applicant, the Public Authority shall give the Union at least one (1) weeks' notice of the date, time and location of the orientation. In accordance with the California Welfare and Institutions Code 12301.24 (e)(4) the Sutter County Public Authority recognizes UDW as the "employee organization" authorized to present at the IHSS Provider Orientations. The Union presentation shall be no more than 30 1. At the request of the Union, the Public Authority shall distribute a written announcement, prepared and provided in advance by the Union in that the Union is available off-site after the orientation to talk with Providers; or 2. At the request of the Union, one (1) Official Union Representative as identified pursuant to Section 3.4, above, may attend the Provider Orientation at a time designated by the Public Authority Manager, to make a presentation regarding the Union. The amount of time allocated for Union presentations will be determined by the Public Authority Manager and may vary somewhat from orientation to orientation but in no case will the allocated time be less than thirty (30) minutes. The subject matter of Union presentations wi11 be limited to information that is similar to the information contained in the packages described in Section 3.5 B., below and will be subject to the same prohibitions a. Ifthe Public Authority Manager has reason to believe that the provisions of this section have been violated, he/she will address these concerns with the Union Executive Director, It is the intent of the parties to resolve any disputes arising from this Section consistent with the terms of Section 12301.24(e)(4) of the Welfare and  minutes at each IHSS Provider Orientation.  as described in Section 3.2 above.  Institutions Code.  B. Whenever the Public Authority conducts an orientation for one (1) or more Providers and/or Registry applicants, the Public Authority shall distribute to those in attendance a packet of written information regarding the Union. The material shall be provided by the Union in advance and shall be subject to the review and approval of the Public Authority Manager. The approval of these materials for distribution shall not be unreasonably withheld. If the Union believes that the approval has been unreasonably withheld, the Union may appeal the Public. Authority Manager's decision to the Assistant Director of Human Services- Welfare and Social Services, whose decision shall be final. Decisions of the Public Authority manager and/or the Assistant Director of Human Services Welfare and Social Services regarding the distribution of written materials shall not be grievable. C. Nothing in Section 3.5 shall be interpreted, construed or applied in any manner that  4  Packet Pg. 10    1.a  Docusign Envelope ID: AAA981EB-F947-4A53-8A5C-7C6CA74402B7  would limit the Public Authority's rights and/or obligations to communicate with  Providers.  SECTION 4  WAGES AND OTHER COMPENSATION  4.1 Base Wages  The base wage for Providers effective January 1, 2024 is $16.00 per hour or the applicable Federal, State, County, or City Municipal minimum wage law or whichever is greater  4.2 Wage Supplement  Effective upon Union Ratification, County Board of Supervisors and State approval, the Public Authority will supplement wages at an additional twenty-five cents ($0.25) per hour in addition to the existing forty-cents ($0.40) per hour above the applicable State or Federal minimum Effective January 1, 2025, the Public Authority will supplement wages at an additional twenty cents ($0.20) per hour, in addition to the sixty-five cents ($0.65) per hour, above the applicable minimum wage ($16.65 plus $0.20 for at total of $16.85 per hour). Effective January 1, 2026, the Public Authority will supplement wages at an additional fifteen cents ($0.15) per hour, in addition to the existing eighty-five cents ($0.85) per hour, above the applicable minimum wage ($16.85 plus $0.15 for a total of $17.00 per hour). The cost of the supplement will be added to the County's Maintenance of Effort (MOE) on a permanent basis but will not be compounded for subsequent increases not locally negotiated.  wage or whichever is higher for a total of $16.65 per hour.  4.3 Adoption of Wage Changes  The Public Authority will submit the appropriate request to the State to implement the new rates, including the Base Wage, the Wage Supplement and the changes to the benefits as quickly as possible following Union ratification and Public Authority adoption of this Agreement and when all designated parties have signed the successor MOU.  4.4 Wage Contingency  Ifeither the state or federal participation levels are reduced, or either the state or federal sharing formula is modified in any manner that would result in an increased cost to the Public Authority to maintain the wage and benefit levels described in this MOU, wages and/or benefits will be reduced by an amount necessary to keep the total cost to the Public Authority the same as the cost existed on the day prior to the effective date of such reduction or modification. The Public Authority shall provide the Union a detailed written description of any adjustments to be made pursuant to this paragraph at least thirty (30) days prior to the effective date of such adjustments.  5  Packet Pg. 11    1.a  Docusign Envelope ID: AAA981EB-F947-4A53-BA5C-7C6CA74402B7  SECTION 5 BENEFITS  5.1 Dental, Vision, and Life Insurance  A. The Public Authority and Union acknowledge their mutual interest in offering a quality, affordable dental, vision, and Life Insurance coverage for Providers. Dental, Vision, and Life Insurance benefits will be accessible to all Providers who qualify. The Union decides how to divide the existing $0.20 per hour benefit contribution between dental, vision and life insurance benefits including managing all annual plan renewal responsibilities with the Union Trust Designee. The precise breakdown of how many cents fund each benefit need not be included in the MOU. The Public Authority and Union agree to use the Union Trust to administer these benefits and all questions about the benefits will be referred toi the Union and/or the Union Trust Designee. Effective as soon as practicable the Public Authority will supplement dental/vision/life insurance benefits at twenty-cents ($0.20) per paid hour. The cost of the Benefit Supplement will be added to the County's Maintenance of Effort (MOE) on a permanent basis, but will not be compounded for subsequent increases not locally The Union Trust will provide a quarterly report to the Public Authority or upon request. Ift the Provider Base Wage, plus the Wage and Benefits Supplement exceed the maximum State participation level for wages plus benefits, the amount of the Wage Supplement will be adjusted sO that the County's MOE remains the same as it would B. Other than the action required above, the Public Authorty shall have no role in and no responsibility regarding the termination of the Union Health, Dental, Vision, and 1. The Union will defend, indemnify, save, protect and hold harmless the Public Authority and its respective boards, directors, officers and employees (collectively the "Public Authority") from any and all claims, demands, costs, suits and liabilities for any damages and/or injury suffered by the Public Authorty arising from the joint termination of the implementation of such termination and from the Union's termination and/or modification of its agreement with carrier(s) or the  negotiated.  have been had the State participation level not been exceeded.  Life Insurance Plan(s).  above-described Administrative  Services Agreement or the  implementation of such termination and/or modfication.  Packet Pg. 12    1.a  Docusign Envelope ID: AAA9B1EB-F947-4A53-8A5C-7C6CA74402B7  SECTION 6 REGISTRY  6.1 Registry Services  A  Itis recognized that one of the Public. Authority's primary missions is to provide registry services to facilitate the referral of providers for recipients to consider for hiring. The operation of the Registry will be conducted in such a way as to respect the rights and B. Registry services also may be utilized by both Providers and Consumers as a relief service to assist in providing short-term temporary respite replacement for Providers and to provide emergency short-term coverage for Consumers who are unexpectedly without a Provider. Whenever possible, Consumers and/or Providers should give reasonable advance notice before requesting this assistance. The Public Authority shall make good faith efforts to make Providers available whenever they are requested however, emergency and respite relief services shall be dependent upon the availability of qualified Providers who are willing to accept the work.. C. The Public Authority retains the exclusive right to list, refer with or without comment, suspend, or remove an individual provider from the Registry.  needs of both Consumers and Providers.  6.2 Removal from the Registry  A. The Public Authority will give written notice to any IHSS Provider who is listed on the Registry of any adverse decision affecting the Provider. Such notice shall inform the affected Provider of his/her right to file an appeal, his/her right to union representation and the union telephone number. A copy of the written notice shall be sent to the Union. The Public Authority also shall forward to the IHSS Provider a copy of all non- confidential materials that were relied upon by the Public Authority when making its B. Either the Union or the Provider may file a written appeal for such adverse decision to the Public Authority Manager within thirty (30) days after the date the notice of the C. The affected Provider or the Union may appeal through Step 2 of the MOU Grievance Procedure under this MOU. The decision reached at Step 2 of the MOU Grievance Procedure shall be the final administrative action of the grievance procedure for purposes of a Provider appealing his/her removal from the Registry.  decision.  decision is issued.  6.3 Application  This Section only applies to Providers seeking employment through the Public Authority's Registry, and is not intended to abrogate in any way the rights of Consumers  as set forth in Section 2 of this Memorandum.  7  Packet Pg. 13    1.a  Docusign Envelope ID: AAA981EB-F947-4A53-BA5C-7C6CA74402B7  SECTION7 GRIEVANCE PROCEDURE  7.1 Definition  Agrievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, the introduction and those provisions of this MOU which specifically provide that the decision of any Public Authority official or Consumer shall be final. The Union may represent the grievant at any stage of the process.  7.2 Provider Participation  Provider participation in the grievance procedure in any capacity shall be solely on the provider's own time and shall not be treated as being within any Consumer's allocated  service hours, or as paid time.  7.3 Affect of Grievance on Pending Action  Unless the Public Authority and the Union have mutually agreed in writing to the contrary, the filing of a grievance shall not serve to stay any Public Authority  action, prior to the final determination. 7.4 Filing Deadline rise to the grievance. 7.5 Procedural Steps  Grievances must be filed within twenty (20) days of the date that the grievant became aware or reasonably should have become aware of the incident or occurrence giving  Grievances shall be processed in the following manner:  A. Step 1 (Informal): Any Provider who believes that a provision of this MOU has been violated shall discuss the grievance with the Public Authority Manager or such representative as the Public Authority Manager may designate. A decision by the Public Authority shall be issued within fifteen (15) days following the discussion. Ifthe Step 1 response is provided in writing, a copy will be forwarded to the Union. Step 2 (Formal): Ifa grievance is not satisfactorily resolved at Step 1above, the grievant or the Union may submit the grievance in writing to the Adult Services Branch Director within fifteen (15) days of notice of the Step 1 decision. The grievance shall state which provision of the MOU has been violated, and the remedy The Adult Services Branch Director shall have fifteen (15) days in in which to respond to the grievance in writing. If the Union requests a meeting with the Adult Services Branch Director, such a meeting shall be held within fifteen (15) business days of the request or some later date upon the mutual agreement of Public Authority and the Union. Ifa meeting is held, the written response shall be  B  sought, ifa any.  8  Packet Pg. 14    1.a  Docusign Envelope ID: AAA981EB-F947-4A53-SA5C-7C6CA74402B7  fifteen (15) days following the meeting. A copy of the Step 2 response will be C. Step 3 (County Administrative Officer): Ifthe grievance is not resolved at Step 2 above, either the Union or the IHSS Public Authority may, within fifteen (15) days of notice of the Step 2 decision file written notification with the other party that the grievance is being advanced to Step 3, the County Administrative Officer or such representative as the County Administrative Officer may designate. The County Administrative Officer or designee shall have fifteen (15) days in which to respond to the grievance in writing. Ifthe Union requests a meeting with the County Administrative Officer or designee, such meeting shall be held within fifteen (15) business days of the request or some later date upon the mutual agreement of Public Authority and the Union. If a meeting is held, the written response shall be fifteen (15) days following the meeting. A copy of the Step 3 D. Step 4 (Advisory Arbitration): If the grievance is not resolved at Step 3 above, the Union and the Public Authority may, within fifteen (15) days of notice oft the Step 3 decision, mutually agree to advance the grievance to Step 4, Advisory Arbitration. If the parties do not mutually agree to advance the grievance to Step 4, the Step 3 decision will be the final administrative action of the grievance procedure. The parties shall request a list of seven arbiters from the State Mediation and Conciliation Service or American Arbitration Association. Within five (5) days following receipt of the list of arbiters, the parties shall meet to select the arbiter. The parties shall alternately strike one name from the list of arbiters (the right to strike the first name to be determined by lot) until one (1) name remains, and that Where practicable, the date for a hearing shall not be less than ten (10) days, nor more than thirty (30) days, from the date of the selection of the arbiter. The parties may stipulate to a longer period of time in which to hear the appeal. The Public Authority Manager shall duly notify the interested parties of the time and place of the hearing at least seven (7) calendar days prior thereto. All hearings shall be public except when the parties stipulate otherwise. The hearing shall be conducted in accordance with Section 11513 of the Government Code. The provisions of Section 11507.6 of the Government Code shall apply to any hearing conducted pursuant to this Section, and shall provide the exclusive right to and method of discovery except that time limitations will be those established by the arbiter as the case may be. Subpoenas and subpoenas duces tecum shall be authorized as provided by Government Code Section The arbiter shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) working days after conducting the hearing. His/her decision shall set forth which alleged violations, if any, are sustained  forwarded to the Union.  response will be forwarded to the Grievant.  person shall be the arbiter.  11510.  9  Packet Pg. 15    1.a  Docusign Envelope ID: AAA981EB-F947-4A53-8A5C-7C6CA74402B7  and the reasons there for. The opinion shall set forth findings of fact and conclusions The arbiter may sustain or reject any or all of the charges filed in the grievance. The arbiter's opinion shall be filed with the Public Authority Manager, the grievant(s) and the Public Authority Board and shall set forth his/her findings and conclusions. Ifwithin thirty (30) days of receipt by the parties of the arbiter's decision, either party to the action files a written appeal with the Public. Authority Board, a copy ofsuch appeal to be served concurrently upon the opposing party, the Public Authority Board will review the transcript of the proceedings, and shall be based upon such review, adopt, amend, modify, or reject the findings of fact, conclusions of law, and/or opinion of the arbiter. Either party may request written argument prior to the Board's decision. If such request is granted, the opposing party shall be provided Ifneither party files such appeal within the above thirty (30) day period for appeal, the decision of the arbiter shall be deemed adopted by the Public Authority Board. The decision of the Board shall be the final administrative action of the Each party shall bear equally the cost of facilities, fees, and expenses of the arbiter and court reporter, including transcripts. Each party shall bear its Ifp possible, the Public Authority Manager shall execute the decision of the Board  of law. The opinion shall be advisory only.  adequate time to present a responsive written argument.  grievance procedure.  own witness and attorney fees.  within ten (10) working days of the decision.  E. Time Limits  Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure. If the grievant or the Union fails to file or advance a grievance within the above-specified time limits, the grievance shall be forfeited. Ifthe Public Authority fails to respond within above specified time limits, the grievant or the Union, whichever is appropriate, may advance The Union and the Public Authority may agree to wave the time limits for the processing of a grievance. Such waivers shall be in writing and shall be for a  the grievance to the next Step.  specified period of time.  SECTION8 8 TRAINING INCENTIVES  Subject to the advance review and approval of the Public Authority Manager, the Public Authority will furnish Registry applicants and Providers who attend orientation sessions with written materials submitted by the Union describing the training programs offered  10  Packet Pg. 16    1.a  Docusign Envelope ID: AAA981EB-F947-4A53-BA5C-7C6CA74402B7  byt the Homecare Workers Training Center. Theapproval of these materials for distribution shall not be unreasonably withheld. Ifthe Union believes that approval has been unreasonably withheld, the Union may appeal the Public Authority Manager's decision to the Assistant Director of Human Services-Welfare and Social Services, whose decision shall be final. Decisions of the Public Authority Manager and/or the Assistant Director of Human Service-Welfare and Social Services shall not be grievable. The Public Authority shall budget $4,000 annually during the term of this MOUto provide training incentives. This agreement does not obligate the Public Authority to spend these total amounts. Rather, these amounts will be made available for training incentives during the term of the MOU. Because attendance at training sessions is voluntary, actual expenditures may be less than the amount budgeted for this purpose. The budget amount is dependent upon approval of this item in the Public Authority's claim The Public Authority will pay each Provider $20.00 for each Public Authority omosacionadtranng which the Provider attends up to the maximum budgeted for training incentives pursuant to this section. If pre-approved by the Public Authority Manager, Providers who attend training sponsored by the Homecare Workers Training Center will be eligible to receive training incentives. The approval of the Public Authority Manager shall not be unreasonably withheld. Ift the Union believes that approval has been unreasonably withheld,the Union may appeal the Public Authority Manager's decision to the Assistant Director of Human Services-Welfare and Social Services, whose decision shall be final. Decisions of the Public Authority Manager and/or the Assistant Director of Human Services-Welfare and Social Services shall not In order to be eligible to receive a training incentive, the Provider must sign the official Public Authority sign-in training log prior to the beginning of the training session and must remain until the training is completed. Training sessions will generally be two hours or less in duration. Providers who attend extended and/or multi-session training programs shall be eligible for one (1) incentive. Nothing in this paragraph shall be construed to obligate the Public Authority to pay incentives in excess of the total amount The Public Authority will notify the Union of each Public Authority sponsoredsanctioned  rate and upon the availability of federal cost sharing.  be grievable.  budgeted for that purpose.  trainings.  SECTION 9 HEALTH AND SAFETY  The Public Authority shall budget three thousand dollars ($3,000) annually to provide for safety equipment for providers. Protective equipment will include standard gloves (including non-latex gloves), masks, and disinfectant hand wipes at no charge to Providers and Consumers who request the supplies. The Public Authority shall have no obligation to reimburse Providers for the purchase of supplies. Nothing in the section will be construed to limit or interfere with the Consumer's right to establish  conditions of a Provider's employment.  11  Packet Pg. 17    1.a  Docusign Envelope ID: AAA981EB-F947-4A53-BA5C-7C6CA74402B7  SECTION 10  FULL UNDERSTANDING, SEVERABILITY, MODIFICATION WAIVER, TERM, AND  NEGOTIATION OF SUCCESSOR MOU  10.1 Full Understanding  The IHSS Public Authority and the Union agree that this Memorandum sets forth the full and entire understanding of the parties regarding the matters set forth herein. Iti is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights and agrees that the other party shall not be required to meet and confer during the term of this MOU with respect to any matter covered herein, except regarding the interpretation of this MOU. Nothing in this Section is intended to prevent the IHSS Public Authority and the Union from meeting and conferring during the term of this agreement pursuant to a negotiated re-opener or regarding matters covered herein upon the  mutual agreement of the parties to do sO. 10.2 Severability of Provisions  Ifany section, subsection, sentence, clause or phrase of this MOU is for any reason held to be invalid by any court of competent) J jurisdiction, the Parties shall meet and confer ing good faith regarding the development of a mutually agreeable replacement provision. However, neither the decision of the court nor the inability of the parties to agree to replacement language shall affect the validity of the remaining portions of this MOU. The Public Authority Board declares that it would have passed this MOU and every section, subsection, sentence, clause or phrase, regardless of the fact that any one or more section, subsection, sentence, clause or phrase be declared unconstitutional or invalid.  10.3 Modification  No term or condition ini this MOU may be changed without the written agreement of the  Public Authority and the Union. 10.4 Waiver  The waiver or failure to comply with any term or condition of this MOU by the Public Authority or the Union shall not constitute a precedent in the future enforcement of any  term or condition of this MOU.  10.5 Term  The term of this MOU between the Sutter County Public Authority and the United Domestic Workers of America is effective January 1, 2023 and will expire June 30, 2027.  10.6 Labor Management Relations Committee  The Public Authority and the Union recognize the importance of maintaining an effective working relationship in order toi fulfill the mission of the IHSS program and provide quality,  12  Packet Pg. 18    1.a  Docusign Envelope ID: AAA981EB-F947-4A53-BA5C-7C6CA74402B7  reliable care to all clients/consumers. Both parties recognize their responsibility to address The Labor Management Relations Committee, comprised of representatives from the Public Authority and the Union, shall meet upon request of either party to address concerns  any program matter that might affect that goal. relating to the matters as expressed above. 10.7 Negotiation of Successor MOU  Ifthe California In-Home Supportive Services Authority has not assumed responsibility for collective bargaining pursuant to Government Code Section 110006, absent mutual agreement to do otherwise, the Union and the Public Authority will begin negotiations regarding a successor MOU during April 2027. The process of scheduling successor negotiations may begin prior to April.. The date, time and location of such negotiations  will be determined by mutual agreement of the parties.  13  Packet Pg. 19    1.a  Docusign Envelope ID: AAA981EB-F947-4A53-8A5C-7C6CA74402B7  SIGNATURES  This Memorandum of Understanding is made and entered into on this 13aay of  Auqust 2024 For the Union: Douy Moort Doug Moore, 3930 Astrid Bwripp Astrid Zuniga - h Yesenia DeCasaus Northern Region ludrw Simolkt Andrew Simolke 3930  For the Public Authority: AG Mat Conant Chair, Board of Directors Jolur Pumy John Perry  Executive Director, UDWA/AFSCME Local  President, UDWA/AFSCME Local 3930  Chief Negotiator, Consultant Specialist  Tonya bukt Tonya Beebe, Public Authority Manager C2 Christa Flanery Human Resources Manager  Assistance Director of Internal Operations  Chief Negotiator, UDWA/AFSCME Local  Martla Kuis Martha Ruiz Bargaining Team Member ypio Yolanda Toliver Bargaining Team Member Bimalictah Romelia Eads Bargaining Team Member  14  Packet Pg. 20    STATE OFC CALIFORNIA: -HEALTHANDI HUMANS SERVICES AGENCY CALIFORNIAI DEPARTMENT OFS SOCIALS SERVICES  1.b  IN-HOME SUPPORTIVE SERVICES PROGRAM COUNTY: SUTTER COUNTY  EFFECTIVE DATE: 1/1/2025  PUBLIC AUTHORITYNONPROFT CONSORTIUM RATE To: California Department of Social Services Adult Programs Division Financial Management Unit 744 PS Street, MS 9-11-91 Sacramento, CA 95814  PAN NAME: SUTTER COUNTY IHSS PUBLIC AUTHORITY CONTACT NAME: MELINDA AURE-CATBAGAN TELEPHONE: (530). 822-4411x3 351 ADDRESS: SUTTER COUNTY HEALTH&H HUMAN: SERVICES ADMINISTRATIONAF FINANCE 539 GARDENH HWYSTEC) YUBAC CITYS 95991 EMAIL ADDRESS: MCabagangosuteraus  FAX:  Please address questions regarding this form tot the Financial Management Unit, at (916)653-1908.  Please complete the Rate Table below and attach supporting documentation explaining how each component of the rate was determined. The total Public Authority (PA) andl Non-profit Consortium (NPC) rate should include a rate for services (wage and benefits), payroll taxes, and a rate for administrative costs. The total rate for wages and benefits should beb broken down to include an hourly wage, payroll taxes, health andr non-health benefits. The State is legally authorized to share onlyi in the costs of individual health benefits and some specific non-health benefits for IHSS providers, however, The current State Participation cap for combined wages and health benefits for all IHSS providers int the Statei is $12.10 per hour. When minimum wage increases to $12.00 per hour (January 1, 2019), pursuant tol Labor Code section 1182.12 (b) (1)( (C) and beyondi in subsequent years, the cap will be adjusted to equal the State minimum wage plus The State will not participate ini increases to wages or employment taxes, or increases or expansions of benefits negotiated or agreed to bya al PA or NPC unless provided for int the Annual Budget Act or appropriated by statute. No increase in wages or benefits negotiated or agreed tol by al PA orl NPC shall take effect untili it has been approved by the State (CDSS/CDHCS) or unless provided fori int the. Annual Budget Act or appropriated by statute.  other benefits costs may be eligible for Title XIXI reimbursement.  $1.10 per hour.  RATE TABLE Hourly' Wage (locally negotiated) Hourly Wage (non-locally negotiated) Hourly' Wage (by ordinance) Wage Supplement (one-time MOE adi) Wage Supplement (continued-no MOE adj.) Wage Total (sum of lines 1-5) Health Benefits (locally negotiated) Health Benefits (non-locally negotiated) Health Benefits Total (sum of lines 6-7) Non-Health Benefits Payroll Taxes (FUTA,SUI,FICA) Administrative Rate PA/NPC Rate Total  Current Rate Requested Rate $0.00 2 $16.00 3 $0.00 4 $0.00 5 $0.65 $16.65 6 $0.20 7 $0.00 $0.20 9 $0.00 10 $1.27 11 $0.45 $18.57  Difference $0.00 $0.50 $0.00 $0.20 $0.00 $0.70 -$0.03 $0.00 -$0.03 $0.03 $0.06 $0.10 $0.86  $0.00 $16.50 $0.00 $0.20 $0.65 $17.35 $0.17 $0.00 $0.17 $0.03 $1.33 $0.55 $19.43  (type  (sum ofv wages, health benefits, non-health benefits, taxes, admin)  The State shall participate (65 percent oft ther non-federal share) in a cumulative total up to 10 percent of the sum of the combined total of wages or health benefits or both over at three-year period. Check the box ands sign and date on the line below if you are choosing to utilize the 10 percent increase over the three-year period option.  Authorizing Officer Signature  Date:  SOC 449- Revised. June 2018  Packet Pg. 21