REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS
OF THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
AND RECORD OF ACTION
September 12, 2023
FROM
LEONARDO GONZALEZ, County Labor Relations Chief, Labor Relations
MYETTE CHRISTIAN, Acting Executive Director, In-Home Supportive Services Public Authority
SUBJECT
Title
Memorandum of Understanding with the Service Employees International Union Local 2015 and the Submission of a Public Authority/Non-Profit Consortium Rate Change Request for In-Home Supportive Services Provider Wages
End
RECOMMENDATION(S)
Recommendation
1. Acting as the governing body of San Bernardino County:
a. Approve the Memorandum of Understanding between San Bernardino County In-Home Supportive Services Public Authority and the Service Employees International Union Local 2015, representing providers in the In-Home Supportive Services Provider Unit, effective September 23, 2023 through June 30, 2026.
b. Approve and authorize the submission of a Public Authority/Non-Profit Consortium Rate Change Request (SOC 449) to the California Health and Human Services Agency, Department of Social Services, updating the Rate Table pertaining to the In-Home Supportive Services provider wage, to align with the In-Home Supportive Services Provider Unit Memorandum of Understanding, for a total increase of $1.00 per hour, from $16.00 per hour to $17.00 per hour, effective upon approval by the California Department of Social Services.
c. Adopt a Resolution approving the In-Home Supportive Services provider wage rate change as specified on the Public Authority/Non-Profit Consortium Rate Change Request (SOC 449) and authorize the Chair of the Board of Supervisors and the Vice Chair of the Board of Supervisors to sign the Resolution, as required by the California Department of Social Services.
2. Acting as the governing body of the In-Home Supportive Services Public Authority:
a. Approve the Memorandum of Understanding between San Bernardino County In-Home Supportive Services Public Authority and the Service Employees International Union Local 2015, representing providers in the In-Home Supportive Services Provider Unit through June 30, 2026.
b. Approve and authorize the submission of a Public Authority/Non-Profit Consortium Rate Change Request (SOC 449) to the California Health and Human Services Agency, Department of Social Services, updating the Rate Table pertaining to the In-Home Supportive Services provider wage, to align with the In-Home Supportive Services Provider Unit Memorandum of Understanding, for a total increase of $1.00 per hour, from $16.00 per hour to $17.00 per hour, effective upon approval by the California Department of Social Services.
(Presenter: Leonardo Gonzalez, County Labor Relations Chief, 387-5565)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Create, Maintain and Grow Jobs and Economic Value in the County.
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item will not result in the use of Discretionary General Funding (Net County Cost). The In-Home Supportive Services program has historically been funded with 1991 Realignment revenue. It is anticipated that 1991 Realignment revenue will be sufficient to fund the County’s share of the ongoing costs per the Memorandum of Understanding (MOU), which is estimated to increase by $5.2 million in 2023-24 (partial year), $13.8 million in 2024-25, and $14.7 million in 2025-26. There is a one-time cost of $8.5 million in 2023-24 for the one-time payment that will be funded through San Bernardino County’s ARPA program. Approval of the necessary budget adjustments for 2023-24 is not requested at this time but will be included on the 2023-24 Mid-Year Budget Report presented to the Board of Supervisors (Board) for approval, if necessary. Sufficient appropriation and revenue will be included in future recommended budgets.
BACKGROUND INFORMATION
The San Bernardino County In-Home Supportive Services (IHSS) Public Authority is deemed the employer of record for IHSS individual care providers for the limited purpose of collective bargaining within the meaning of the Meyers-Milias-Brown Act. IHSS providers are individuals who are compensated to provide care services to clients who receive in-home supportive services under the IHSS Program.
Representatives of the County IHSS Public Authority, under direction of the Board of Directors, met and conferred with representatives of the Service Employees International Union Local 2015, (SEIU) to reach a successor labor agreement covering wages, hours, and other terms and conditions of employment for employees in the IHSS Provider Unit. After several months of bargaining, the parties agreed to the Memorandum of Understanding (MOU).
The MOU includes the following:
• Provides a $1.00 increase to the wage supplement (currently $0.50 above the State minimum wage) effective upon State approval of the MOU (anticipated December 1, 2023) and, subject to certain agreed-upon requirements, an additional $0.60 wage supplement, effective February 1, 2024.
• Increases the contribution to the medical benefit subsidy allocation up to a total of $0.42 per hour, for all Provider hours, effective upon State approval of the MOU (anticipated December 1, 2023).
• Provides $25,000 annually for the purchase of personal safety equipment for IHSS providers (e.g., protective gloves, masks, and antibacterial soap).
• Provides $50,000 annually for job specific training classes for IHSS providers.
• Establishes compensation for providers who participate in bargaining sessions and/or represent SEIU as union stewards.
• Provides a one-time payment of $250 to an estimated 34,120 care providers who meet the established eligibility requirements.
IHSS Public Authority is required by the California Department of Social Services to submit an updated Public Authority/Non-Profit Consortium Rate Change Request (SOC449), which will reflect the impact of the IHSS Provider Unit MOU. This updated form must include the signatures of two members of the Board.
If approved by the Board, the MOU, SOC449, and Board Resolution shall be submitted to the California Department of Social Services for final approval. If approved by the State, the MOU will constitute a successor labor agreement between the IHSS Public Authority and SEIU covering wages, hours, and other terms and conditions of employment, effective September 23, 2023 through June 30, 2026.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Cynthia O’Neill, Principal Assistant County Counsel, 387-5455) on August 24, 2023; In-Home Supportive Services Public Authority (Myette Christian, Acting Executive Director, 891-9108) on August 22, 2023; Human Resources (Diane Rundles, Assistant Executive Officer, 387-5570) on August 29, 2023; Finance (Paul Garcia, Administrative Analyst, 386-8392) on August 25, 2023; and County Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387-5423) on August 29, 2023.