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SANTA CLARA COUNTY CODE OF ORDINANCES: Division A18 HEALTH AND WELFARE*

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Division A18
HEALTH AND WELFARE*

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Cross reference(s)--Environmental health regulations, Div. B11; food permits, § B11-50 et seq.; animals and fowl, Div. B31; review of subdivision plans by Environmental Management Agency, § C12-53.

State law reference(s)--Local health administration, Health and Safety Code § 101025 et seq.

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CHAPTER I.
SANTA CLARA VALLEY HEALTH AND HOSPITAL SYSTEM*

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Editor's note--Ordinance No. NS-300.597, § 1, adopted May 13, 1997, repealed Chapter I, which pertained to Department of Public Health and derived from Ord. No. 300.204, § 2, 1-28-75; Ord. No. NS-300.224, § 1, 4-13-76; Ord. No. NS-3.19, § 4, 5-4-76; Ord. No. NS-300.314, § 1, 3-25-80; Ord. No. NS-300.322, 10-7-80; Ord. No. NS-300.483, 8-8-91; Ord. No. NS-300.518, § 12, 4-27-93; Ord. No. NS-300.537, § 1, 9-28-93.

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ARTICLE 1.
ORGANIZATION

Sec. A18-1. Agency recognized.

There is in the County the Santa Clara Valley Health and Hospital System, hereafter referred to in this chapter as the SCVHHS.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-2. Executive Director.

There is in the SCVHHS the position of Executive Director. The Executive Director shall be appointed by and supervised by the County Executive in accordance with the provisions of the County Charter and this Code. The Executive Director is the executive officer of the SCVHHS.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-3. Executive Director's authority over personnel.

Subject to the provisions of the Charter and this Code, the Executive Director shall have the power to appoint, supervise, suspend, or remove all assistants, deputies, clerks and other employees in the SCVHHS.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-4. Administrative powers and duties.

The Executive Director shall have administrative control over SCVHHS which includes the development and administration of the SCVHHS' budget. The Executive Director shall be responsible for coordinating and administering the various departments within SCVHHS and ensuring that proper personnel, equipment, supplies and facilities are provided to carry out the functions of SCVHHS. The Executive Director shall determine and transmit the needs of SCVHHS to the County Executive. The Executive Director shall also be responsible for the collection of all accounts within SCVHHS.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-5. Fixing rates.

Inpatient hospital room rate charges shall be established by resolution of the Board of Supervisors upon recommendations by the Executive Director of SCVHHS to the County Executive. The recommendations shall be based upon operating costs of SCVMC. The Executive Director shall establish rates for other SCVHHS services in accordance with statutory requirements, Board of Supervisors' policy, and costs and/or rates charged by community hospitals. The Executive Director may enter into agreements with purchasers of health care for patient services in accordance with policies established by resolution of the Board of Supervisors.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-6. Fees for services.

All persons shall be charged for services received from SCVHHS, and are legally obligated to pay for services received except when Board of Supervisors' policy, this Code, state law, federal law or court order provides otherwise.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-7. Reserved.

ARTICLE 2.
SANTA CLARA VALLEY PUBLIC HEALTH DEPARTMENT

Sec. A18-8. Recognition of the Santa Clara Valley Public Health Department, the Director of Public Health, and the Public Health Officer.

There is in the SCVHHS the Santa Clara Valley Public Health Department and the positions of Director of Public Health and Public Health Officer. The Director of Public Health shall be appointed by and supervised by the Executive Director of the SCVHHS in accordance with the provisions of the Charter and this Code. The Public Health Officer shall be appointed by the Board of Supervisors pursuant to Health and Safety Code § 101000 and shall be supervised by the Director of Public Health.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-9. Powers and duties of Director of Public Health.

The Director of Public Health shall be responsible for the administration of the Department and such other duties as authorized by the Executive Director. The Director shall also administer the California Children's Services program in the County in accordance with the provisions of the California Health and Safety Code. The Director is expected to assure that proper personnel, equipment, supplies and facilities are provided to carry out these prescribed functions. The Director shall determine and transmit the needs of the Department to the Executive Director of SCVHHS.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-10. Enforcement duties of Public Health Officer in unincorporated areas.

The Public Health Officer shall observe and enforce all orders and standards pertaining to public health and sanitation which are adopted by the Board of Supervisors. This responsibility is in addition to all the duties prescribed by state statutes and regulations.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-11. Enforcement duties of Public Health Officer in cities.

The Public Health Officer shall observe and enforce all of the following, in any incorporated city of the County, when the governing body of said city consents by resolution or ordinance, as provided in Health and Safety Code § 101375:

(1) Orders, quarantine regulations, rules prescribed by the State Health Department and other rules and regulations issued under provisions of the Health and Safety Code.

(2) Statutes relating to the public health.

(3) Ordinances, rules and regulations of an incorporated city relating to public health and sanitation, inspections, and other related functions, as may be agreed upon by contract between said city and the County, as provided in Health and Safety Code §§ 101400, 101405, and 101410.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-12. Right of entry.

The Public Health Officer, his assistant and his duly authorized representative shall have authority and shall be permitted in the course of their duty to enter into and upon, and to inspect any and all lands, places, buildings, and structures, and the contents thereof, within the corporate limits of the County; and it shall be unlawful for any person to resist, hinder or interfere with said officers or employees in the performance of their duty.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-13. Power to arrest.

The Public Health Officer and such subordinates as he may designate may arrest a person without a warrant whenever he has reasonable cause to believe that the person has committed a misdemeanor in his presence which is a violation of any statute or ordinance which the Public Health Officer is empowered to enforce. In any case in which a person is arrested pursuant to the provisions of this section, and the person arrested does not demand to be taken before a magistrate, the Public Health Officer or his subordinate shall prepare a written notice to appear and release the person on his promise to appear as prescribed by the Penal Code.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-14. Meetings during epidemics.

(a) Whenever an epidemic or any contagious or infectious disease is prevalent in the County, the Health Officer is authorized and empowered to forbid the holding of any meeting or gathering, either public or private, and to order closed any place where meetings are held as needed to prevent the spread of disease.

(b) No person when so forbidden by the Health Officer, may hold any of the meetings or gatherings hereinabove mentioned, attend or take part in the same, or open any place where the meetings or gatherings are held.

(Ord. No. NS-517.72, § 3, 4-15-03)

Sec. A18-15. Authorization to charge fees.

The Public Health Department is authorized to charge and collect fees for various services and products as established by resolution approved by the Board of Supervisors and amended from time to time.

(Ord. No. NS-300.710, § 1, 6-3-03)

Sec. A18-16. Waiver and reduction of fees.

The Director of the Public Health Department, Health Officer or their designees may waive or reduce fees provided for in this chapter where in the judgement of the Department, payment of fees would present a hardship for the individual and where the delivery of services or provision of products serves to protect the public's health.

(Ord. No. NS-300.710, § 2, 6-3-03)

Sec. A18-17. Reserved.

ARTICLE 3.
SANTA CLARA VALLEY MENTAL HEALTH DEPARTMENT

Sec. A18-18. Recognition of the Santa Clara Valley Mental Health Department and the Director of Mental Health.

There is in the SCVHHS the Santa Clara Valley Mental Health Department and the position of Director of Mental Health. The Director of Mental Health is appointed by and supervised by the Executive Director of the SCVHHS in accordance with the provisions of the Charter and this Code.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-19. Powers and duties of Director of Mental Health Services.

The Director of Mental Health shall be responsible for the delivery of mental health services within the County and shall perform such other duties as set forth in the Welfare and Institutions Code and as authorized by the Executive Director. The Director is expected to assure that proper personnel, equipment, supplies and facilities are provided to carry out these prescribed functions. The Director shall determine and transmit the needs of the Department to the Executive Director of SCVHHS.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-20. Administration of admission and discharge policies.

The Director shall administer the policies of the County relative to admission and discharge of patients.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-21. Records required; confidential nature.

The Director shall maintain complete records of all persons admitted to or treated by the Department. Such records shall be confidential, and their contents may be released only in accordance with proper legal authority.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-22. Director responsible for professional training program.

The Director is responsible for the organization and the conduct of the professional training program by the Department.

(Ord. No. NS-300.597, § 2, 5-13-97)

Secs. A18-23, A18-24. Reserved.

ARTICLE 4.
SANTA CLARA VALLEY DEPARTMENT OF ALCOHOL AND DRUG SERVICES

Sec. A18-25. Recognition of the Santa Clara Valley Department of Alcohol and Drug Services and Director of Alcohol and Drug Services.

There is in the SCVHHS, the Santa Clara Valley Department of Alcohol and Drug Services and the position of Director of Alcohol and Drug Services. The Director shall be appointed by and supervised by the Executive Director of the SCVHHS in accordance with the provisions of the Charter and this Code.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-26. Powers and duties of Director of Alcohol and Drug Services.

The Director of Alcohol and Drug Services shall be responsible for the administration of the County drug and alcohol programs pursuant to the provisions of the Health and Safety Code §§ 11800, 11801, 11962 and 11963. The Director is expected to assure that proper personnel, equipment, supplies and facilities are provided to carry out these prescribed functions. The Director shall determine and transmit the needs of the Department to the Executive Director of SCVHHS.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-27. Administration of admission and discharge policies.

The Director shall administer the policies of the County relative to admission and discharge of patients.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-28. Records required; confidential nature.

The Director shall maintain complete records of all persons admitted to or treated by the Department. Such records shall be confidential, and their contents may be released only in accordance with proper legal authority.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-29. Director responsible for professional training programs.

The Director is responsible for the organization and conduct of the professional training programs by the Department.

(Ord. No. NS-300.597, § 2, 5-13-97)

Secs. A18-30--A18-32. Reserved.

ARTICLE 5.
SANTA CLARA VALLEY MEDICAL CENTER AND AMBULATORY CARE CLINICS

Sec. A18-33. Recognition of Santa Clara Valley Medical Center and the Director of Santa Clara County Valley Medical Center.

There is in the SCVHHS a Department of Santa Clara Valley Medical Center and Ambulatory Care Clinics hereafter referred to in this chapter as SCVMC. The Director of SCVMC shall be appointed by and supervised by the Executive Director of the SCVHHS in accordance with the provisions of the Charter and this Code.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-34. Powers and duties of Director.

The Director shall be responsible for the administration and professional activities of SCVMC and shall provide patients with a safe environment in which to receive medical care. The Director is expected to assure that proper personnel, equipment, supplies and facilities are provided to carry out these prescribed functions. The Director shall determine and transmit the needs of SCVMC to the Executive Director of SCVHHS.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-35. Director responsible for professional care of patients.

The professional care of patients is the responsibility of the Director. The Director shall coordinate the activities of the medical, dental and nursing staffs with the technical, paraprofessional, and supporting services to provide for optimum care of patients. The Director may limit the individuals who practice or treat patients in SCVMC.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-36. Administration of admission and discharge policies.

The Director shall administer the policies of the County relative to admission and discharge of patients.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-37. Records required; confidential nature.

The Director shall maintain complete records of all persons admitted to or treated by the medical institution. Such records shall be confidential, and their contents may be released only in accordance with proper legal authority.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-38. Director responsible for professional training program.

The Director is responsible for the organization and the conduct of the professional training program at SCVMC.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-39. Medical staff.

The medical staff of SCVMC shall be composed of the salaried staff and the visiting or nonsalaried staff who shall be under the supervision of the Director. The medical staff shall adopt such rules and regulations for its own internal organization except that nothing therein shall affect or in any way alter the terms or provisions of this Code or any directive of the Director for the internal operation of SCVMC. The Executive Director of SCVHHS and the Director of SCVMC shall be ex officio members of all committees of the medical staff.

Sec. A18-40. Persons eligible for admission to the Santa Clara Valley Medical Center.

Any sick, disabled or injured person may be admitted to SCVMC as an inpatient or outpatient in accordance with state and federal law and regulations. The following classes of patients shall be admitted to SCVMC:

(1) Inmates confined in County penal institutions in need of hospital or medical care.

(2) Wards and dependent children of the Juvenile Court in need of hospital or medical care, upon request of the Juvenile Probation Officer.

(3) Persons admitted pursuant to the provisions of Part 1 of Division 5 of the Welfare and Institutions Code (Welfare and Institutions Code § 5000 et seq.).

(4) Prospective County employees examined at the request of the Director of Personnel of the County. The Director shall report in writing to the Director of Personnel the physical fitness of the applicant for the particular position applied for.

(5) Persons in any way connected with alleged crimes, as victims, witnesses or otherwise, if the said persons are referred by any law enforcement agency for medical examinations. These examinations shall be made regardless of whether the person is an adult or a minor.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-41. Tort claims of patients against third parties.

The County hereby elects to be governed by the provisions of Government Code §§ 23004.1 and 23004.2 with respect to claims and liens for County hospital services to patients whose hospitalization was caused by the torts of third parties.

(Ord. No. NS-300.597, § 2, 5-13-97)

Sec. A18-42. Compromising claims.

The Director, personally or through an assistant or employee so designated, is authorized to recommend to the County Executive compromising claims for services received from SCVMC, and may recommend agreements with patients or their legally responsible relatives or executors or administrators for the payment of less than the amount owed where full payment would result in hardship or indigency for the spouse or minor child or children of the patient; provided, however, that in recommending compromising any such claims, said Director shall give precedence to hospital care, treatment and supplies over medical services rendered in prescribing payment requirements. Final authority to compromise any such claim rests with the Board of Supervisors.

(Ord. No. NS-300.597, § 2, 5-13-97)

CHAPTER II.
RESERVED*

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Editor's note--Chapter II, §§ A18-45--A18-45.15, relating to the Santa Clara County Health Systems Agency, was repealed by § 1 of Ord. No. NS-300.416, adopted July 28, 1987. Subsequently, Ordinance No. NS-300.597, § 1, adopted May 13, 1997, repealed Chapter II. The chapter was formerly derived from the following:
Ord. No.DateSection
NS-330.204 1-28-752
NS-300.228 8-17-761
NS-300.25211-15-771--5
NS-300.270 1- 2-792
NS-300.275 2- 6-791
NS-300.277 3-13-79
NS-300.312 3-11-801
NS-300.370 8- 2-831

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Secs. A18-43--A18-47. Reserved.

CHAPTER III.
RESERVED*

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Editor's note--Section 2 of Ord. No. NS-300.204 repealed former Ch. III, §§ A18-24--A18-38, pertaining to the Department and Director of Health. Subsequently, Ordinance No. NS-300.597, § 1, adopted May 13, 1997, repealed Chapter III.

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CHAPTER IV.
SOCIAL SERVICES

ARTICLE 1.
ADMINISTRATION*

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Editor's note--Ord. No. NS-300.649, § 1, adopted April 24, 2001, repealed Art. 1, §§ A18-48--A18-65, which pertained to administration. Section 4 of said ordinance enacted provisions designated as a new Art. 1, §§ A18-48--A18-55, to read as herein set out. See the Code Comparative Table.

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Sec. A18-48. Agency recognized.

There is in the County a Social Services Agency, hereafter in this chapter referred to as the Agency.

(Ord. No. NS-300.649, § 4, 4-24-01)

Sec. A18-49. Director recognized.

There is in the County and in the Agency the position of Director of Social Services, hereafter in this chapter referred to as the Director.

(Ord. No. NS-300.649, § 4, 4-24-01)

Sec. A18-50. Appointment of Director; supervision.

The Director shall be appointed in accordance with provisions of the Charter and shall be the executive officer of the Agency under the supervision of the County Executive.

(Ord. No. NS-300.649, § 4, 4-24-01)

Sec. A18-51. Director's authority and responsibility.

The Director is responsible for the administration of the Agency, including the preparation and administration of the Agency budget, and for all the programs within each department of the Agency. Subject to provisions of the Charter and this Code, the Director shall have power to appoint, suspend or remove all assistants, department directors, deputies, clerks and other employees necessary to conduct the work of the Agency.

(Ord. No. NS-300.649, § 4, 4-24-01)

Sec. A18-52. "State Code" defined.

Hereafter in this chapter, the Welfare and Institutions Code of the State of California is referred to as the State Code.

(Ord. No. NS-300.649, § 4, 4-24-01)

Sec. A18-53. General functions of Agency.

The Agency shall be responsible for the administration of public assistance programs, as defined by Welfare and Institutions Code § 10061.

(Ord. No. NS-300.649, § 4, 4-24-01)

Sec. A18-54. General functions of departments.

Within the Agency there shall be the following departments that administer social services benefit assistance programs: the Department of Aging and Adult Services, the Department of Employment and Benefits Services, and the Department of Family and Children's Services.

(1) The Department of Aging and Adult Services (DAAS) shall include, but not be limited to:

a. Adult protective services;

b. In-home supportive services;

c. Public Administrator/Guardian/Conservator;

d. Senior nutrition program.

DAAS shall administer all other programs deemed necessary to assist seniors and dependent adults in the community in maintaining safe, healthy, independent lives.

(2) The Department of Employment and Benefits Services (DEBS) shall determine eligibility for services and administer the following programs:

a. CalWorks (California Work Opportunity and Responsibility to Kids);

b. Employment services;

c. Medi-Cal;

d. Food stamps;

e. Veterans services:

1. The position of Veteran's Service Officer shall be appointed in accordance with the provisions of the Charter.

2. The Veteran's Service Officer shall be a veteran and shall have power to administer and certify oaths and affirmations, take and certify affidavits and acknowledgments, and exercise any other power of a notary public as part of his or her duties in assisting veterans with respect to their affairs. No fee shall be charged for these services.

3. The Veteran's Service Officer shall perform the duties stated in and in accordance with the California Military and Veterans Code and shall assist all veterans and their dependents with any claim they may have against the United States arising from their military service.

f. Supplemental security income/special circumstances program;

g. General assistance program, which shall be administered in accordance with Part 5 of Division 9 of the Welfare and Institutions Code (Welfare and Institutions Code § 17000 et seq.) and the Santa Clara County General Assistance Handbook;

h. Refugee resettlement and employment services programs;

i. CAPI (Cash Assistance Program for the Aged, Blind and Disabled Legal Immigrants). DEBS shall administer all other programs deemed necessary to assist County residents in becoming economically self-sufficient.

(3) The Department of Family and Children's Services (DFCS) shall include, but not be limited to:

a. Children's shelter services as follows:

1. Pursuant to Welfare and Institutions Code § 272, the Social Services Agency, DFCS, is delegated the duty and authority to maintain a children's shelter for minors who are or are reasonably believed to be children described in Welfare and Institutions Code § 300.

2. Pursuant to Welfare and Institutions Code § 272, DFCS is delegated the duty and authority to receive delivery from peace officers of the temporary custody of children pursuant to Welfare and Institutions Code §§ 306 and 307 to complete the admission process, to immediately investigate the circumstances of the minor and facts surrounding his or her being taken into custody pursuant to Welfare and Institutions Code § 309(a), and to immediately release such minor pursuant to Welfare and Institutions Code § 309(a).

b. Foster care and adoption services, which shall include an inspection service that shall license, inspect and evaluate foster and adoptive family homes for the care of children; the Agency may serve as a public adoption agency subject to the regulations of the State Department of Social Services;

c. Child protective services;

d. Child welfare services. DFCS shall administer all other programs deemed necessary for the prevention of child abuse and neglect, and in furtherance of the well-being of children and families in the community.

(Ord. No. NS-300.649, § 4, 4-24-01)

Sec. A18-55. Director to make reports, surveys, etc.

The Director shall make reports to the Children and Families Committee of the Board as requested and as he or she deems necessary.

(Ord. No. NS-300.649, § 4, 4-24-01)

Secs. A18-56--A18-69. Reserved.

ARTICLE 2.
SUPPLEMENTAL SECURITY INCOME FEES*

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Editor's note--Section 3 of Ord. No. NS-300.345, adopted Sept. 22, 1981, which added this article, reads as follows:

This ordinance shall be retroactively operative as of July 14, 1981, with respect to those claimants for whom the County has received funds as of that date.

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Sec. A18-70. Representative's fee.

A representative awarded a fee pursuant to the order of an administrative law judge in any proceeding before the Social Security Administration establishing retroactive benefits under the Supplemental Security Income for the Aged, Blind and Disabled program (42 U.S.C. Section 1381 et seq.), which benefits result in financial reimbursement to the County for general assistance payments previously made to the representative's client, shall be paid a fee as set forth in this article.

(Ord. No. NS-300.345, § 2, 9-22-81; Ord. No. NS-300.378, § 1, 3-20-84)

Sec. A18-71. Fee qualifications.

The payment of such fee shall be dependent upon:

(1) An exact copy of the order of the administrative law judge establishing retroactive benefits under the program in a designated sum and awarding a fee in a designated sum.

(2) A copy of the agreement establishing the representative-client relationship and under which the representative expressly agrees to represent the client in administrative proceedings before the Social Security Administration for the purpose of obtaining benefits under the program.

(3) An agreement between the representative and the County entered into prior to receipt by the representative or the County of the sum due for previous general assistance payments for the period covered by the retroactive supplemental security income award (whether in the form of federal warrant or check or otherwise), under the terms of which the representative will deliver to the County such sum if within the ability of the representative.

(4) Receipt by the County of funds (whether in the form of federal warrant or check or otherwise) arising out of the administrative law judge's order awarding retroactive benefits and in an amount at least equal to the sum due the County for previous general assistance payments for the period covered by the retroactive supplemental security income award.

(5) The existence of an interim assistance agreement between the Social Security Administration and the County under the terms of which the County will receive the check or warrant representing an administrative award of retroactive benefits for any interim assistance (general assistance) paid to the representative's client.

(6) Application by the representative for such a fee.

(Ord. No. NS-300.345, § 2, 9-22-81; Ord. No. NS-300.378, § 1, 3-20-84)

Sec. A18-72. Amount of representative's fee.

The amount of the fee shall be an amount equal to the product of the amount of the fee set forth in the administrative law judge's order multiplied by the ratio of the amount of reimbursement received by the County to the total sum awarded by the administrative law judge's order for retroactive benefits. The fee shall be payable solely from the interim assistance payment reimbursement to the County and received by the County.

(Ord. No. NS-300.345, § 2, 9-22-81; Ord. No. NS-300.378, § 1, 3-20-84)

Sec. A18-73. Reimbursement agreement.

The reimbursement agreement between the County and the client who received general assistance pending the award of retroactive benefits under the program, which agreement provides for reimbursement of such general assistance, shall be modified upon receipt by the County of the full amount of the general assistance reimbursement and the payment of a fee, so as to reduce the amount owed the County by the full amount retained by the County, including the fee paid under this article.

(Ord. No. NS-300.345, § 2, 9-22-81; Ord. No. NS-300.378, § 1, 3-20-84)

ARTICLE 3.
PUBLIC ADMINISTRATOR AND GUARDIAN

Sec. A18-74. Division recognized.

There is in the Department a Public Administrator's Division, hereafter in this article referred to as the Division.

(Ord. No. NS-300.537, § 2, 9-28-93)

Sec. A18-75. Recognized; ex officio Public Guardian; authority.

(a) Administrator recognized; ex officio Public Guardian. There is in the Division the position of Public Administrator, who shall be ex officio Public Guardian. Conservatorship services may be provided by the Public Guardian as authorized by law.

(b) Administrator's authority over personnel. Subject to the provisions of the Charter and this Code, the Public Administrator shall be the executive officer of the Division and shall have power to appoint, suspend or remove all assistants, deputies, clerks and other employees necessary to conduct the work of the Division.

(Ord. No. NS-300.537, § 2, 9-28-93)

ARTICLE 4.
PUBLIC AUTHORITY FOR IN-HOME SUPPORTIVE SERVICES*

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Editor's note--Ordinance No. NS-300.591, § I, December 17, 1996, added §§ A18-66.1--A18-66.3. However, in order for new sections to be codified numerically, such sections are numbered as §§ A18-75.1--A18-75.3 at the discretion of the editor.

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Sec. A18-75.1. Designation of public authority.

Pursuant to Welfare and Institutions Code § 12301.6, the Board of Supervisors hereby establishes a public authority to provide for the delivery of in-home supportive services. The Board of Supervisors hereby designates itself as the governing body of the public authority.

(Ord. No. NS-300.591, § I, 12-17-96)

Sec. A18-75.2. Advisory committee.

The Public Authority for In-Home Supportive Services shall appoint an Advisory Committee on In-Home Supportive Services. This Committee shall consist of not more than 11 members of whom at least 50 percent shall be individuals who are current or past users of personal assistance services paid for through public or private funds or who are recipients of services under Article 7, Chapter 3, Part 3, Division 9 of the Welfare and Institutions Code (Welfare and Institutions Code § 12300 et seq.). Prior to selecting the members of this Committee, the Public Authority for In-Home Supportive Services Board shall solicit recommendations of qualified members for the aforementioned Advisory Committee through a fair and open process that includes the provisions of reasonable, written notice to, and a reasonable response time by, members of the general public, and interested persons and organizations. Each member shall serve a term of four years. No member shall be eligible to serve on such Committee for more than three consecutive terms in addition to any portion of any unexpired term which may have been served. A vacancy shall exist and shall be reported to the Board of Supervisors whenever a member fails to attend more than three consecutive regular meetings of the Committee without good cause entered on the minutes of the Committee; or when a member is unavailable or no longer able to participate for any reason.

(Ord. No. NS-300.591, § I, 12-17-96; Ord. No. NS-300.760, 12-12-06)

Sec. A18-75.3. Policy statements.

(a) Neither the establishment of the public authority nor the application of Government Code § 3500 et seq., shall replace or diminish the recipients' rights to hire, fire and supervise any in-home supportive services workers providing services to them. Neither the establishment of the public authority nor the application of Government Code § 3500 et seq. is intended to enhance or diminish employment rights provided by law. Nothing in this provision is intended to limit the ability of a collective bargaining representative to seek approval of an agency shop agreement.

(b) In establishing this public authority, the Board recognizes that the funding of the in-home supportive services program is the result of complex relationships of federal, state and County funds and that the ability of the public authority for in-home supportive services to operate and to negotiate wages and benefits for the in-home supportive services workers is contingent upon the availability of adequate funding from all sources. Nothing in this article is intended to require the County to appropriate or to transfer any funds for the operation of the public authority for in-home supportive services or for the payment of wages or benefits for in-home supportive services workers.

(c) The total of all operating costs, wages and benefits proposed or established by the public authority for in-home supportive services must be consistent with the provisions of the final County budget for the public authority. The public authority for in-home supportive services may not establish a payment rate that includes the costs of wages, benefits and operation, until the governing body of the public authority for in-home supportive services makes a finding that the funds necessary for payment of that rate are legally available.

(d) Services shall not be reduced in order to fund the public authority for in-home supportive services or to provide for the implementation of Government Code § 3500 et seq. in regard to in-home supportive services workers.

(e) For purposes of this article, the term "in-home supportive services workers" refers to personnel who provide in-home supportive services and who have historically been referred to as independent providers, and does not refer to personnel employed by entities under contract with the public authority to provide in-home supportive services.

(f) In-home supportive services workers referred to recipients shall be entitled to all of the rights conferred by the Meyers-Milias-Brown Act (Government Code § 3500 et seq.) including the right to be represented by an employee organization of their choice for purposes of collective bargaining over wages, benefits and other appropriate terms and conditions of employment as defined and limited by this article and by Welfare and Institutions Code § 12301.6.

(g) Nothing in this article shall be construed to alter, require the alteration of, or interfere with the state's payroll system and other provisions of Welfare and Institutions Code § 12302.2 or to affect the state's responsibilities with respect to unemployment insurance, or workers' compensation for in-home supportive services workers.

(Ord. No. NS-300.591, § I, 12-17-96)

CHAPTER V.
FIRST 5 SANTA CLARA COUNTY*

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Editor's note--Ord. No. NS-300.731, § 1, adopted June 22, 2004, amended Ch. V, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Ch. V pertained to the Santa Clara County Children and Families First Commission. See also the Code Comparative Table.

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Sec. A18-76. Establishment and purpose.

Pursuant to Section 130100 of Division 108 of the Health and Safety Code of the State of California, there is hereby established The Santa Clara County California Children and Families First Commission, which shall be known as, FIRST 5 Santa Clara County. The general purpose of the Commission shall be to promote, support and improve the early development of children from the prenatal stage through five years of age throughout the entire County, through the creation and implementation of an integrated, comprehensive and collaborative system of information and services to enhance early childhood development pursuant to the "California Children and Families First Act of 1998," Health and Safety Code § 130100 and following (the "Act").

(Ord. No. NS-300.731, § 1, 6-22-04)

Sec. A18-76.5. Status.

FIRST 5 Santa Clara County is an entity separate from the County of Santa Clara. Obligations of FIRST 5 Santa Clara County shall be the obligations solely of the Commission and shall not directly or indirectly be obligations of the County or any officials, employees or agents of the County. The County shall not be liable for any act or omission of the Commission.

(Ord. No. NS-300.731, § 1, 6-22-04)

Sec. A18-77. Membership.

(a) [Composition.] The Commission shall be composed of nine members appointed by the Board of Supervisors. The membership shall include the following:

(b) Permanent members:

(1) One member of the Board of Supervisors who shall be selected at the beginning of each calendar year by the Chairperson of the Board.

(2) The Executive Director of the Santa Clara Valley Health and Hospital System or his or her designee.

(3) The Director of the Social Services Agency or his or her designee.

(c) Members appointed by the Board of Supervisors:

(1) A member who shall be nominated by the Santa Clara County Local Child Care Planning Council and who shall be a member of the Santa Clara County Local Child Care Planning Council.

(2) Five members, with each member of the Board of Supervisors allocated one appointment from the following groups, with the intent that representatives from as many groups as possible will serve on the Commission:

(i) Recipients of project services as set forth in the Commission strategic plan;

(ii) Educators specializing in early childhood development;

(iii) Representatives of a local group for prevention or early intervention for families at risk;

(iv) Representatives of community based organizations that have a goal of promoting and nurturing early childhood development;

(v) Representatives of local school districts;

(vi) Representatives of local medical, pediatric, or obstetric associations or societies.

(d) Term of appointment: Members appointed pursuant to subsection (c) above shall have a term of two years and until a successor is appointed, except the term of the first appointees shall be staggered so that three members have a one-year term, and the remaining three members have a two-year term. The length of each member's initial term is to be decided by lots drawn at the first meeting of the Commission. Members appointed pursuant to subsection (c) shall serve at the pleasure of the Board.

(e) Ex-officio members. The Commission may appoint by majority vote, non-voting, ex-officio members, as they deem appropriate to assist the Commission in fulfilling their responsibilities. An ex-officio member shall be appointed for a term of two years and shall serve at the pleasure of the Commission.

(Ord. No. NS-300.731, § 1, 6-22-04)

Sec. A18-78. Organization.

The Commission shall establish advisory committees to provide technical and professional expertise and support for any purposes that will be beneficial in accomplishing the purposes of the Act. Each advisory committee shall meet and shall make recommendations and reports as deemed necessary or appropriate.

(Ord. No. NS-300.731, § 1, 6-22-04)

Sec. A18-79. Powers and duties.

The following shall be the duties of the Commission:

(a) To implement the goals and objectives of the Act.

(b) To administer the monies in the Santa Clara County Children and Families First Fund in accordance with the provisions of the Act, the strategic plan and the provisions of this chapter.

(c) To adopt a strategic plan that:

(1) Supports the improvement of early childhood development within the County based upon comprehensive County-wide data and resources.

(2) Is consistent with the purposes of the Act and any guidelines adopted by the State Commission.

(3) Includes at least the following requirements:

(i) Goals and objectives;

(ii) Programs, services, and projects to be provided, sponsored, or facilitated;

(iii) Measurable outcomes of programs, services, and projects using appropriate reliable indicators;

(iv) A description of how programs, services and projects will be integrated into a consumer-oriented, easily accessible system;

(v) A description of how programs, services and projects will be integrated into a comprehensive continuum of services for children throughout the County.

(4) Requires the Commission, on at least an annual basis, to periodically review its strategic plan and revise the plan as may be necessary and appropriate.

(d) To submit the strategic plan, and any subsequent revisions thereto, to the Board of Supervisors for their information. If the Board of Supervisors has comments or concerns regarding the plan, such comments will be referred back to the Commission for consideration.

(e) To submit the approved Commission strategic plan, and any subsequent revisions thereto, to the State Commission.

(f) To prepare and adopt pursuant to § 130150 of the Act, on or before October 15 of each year, an audit and report on the implementation and performance of the Commission's functions during the preceding fiscal year, including at a minimum, the manner in which funds were expended, the progress toward, and the achievement of, program goals and objectives, and the measurement of specific outcomes through appropriate reliable indicators.

(g) To conduct at least one public hearing on:

(1) The proposed strategic plan, before the Commission adopts the plan.

(2) The review of the strategic plan before any revisions to the plan are adopted.

(3) The annual audit and report before they are adopted.

(4) Each annual report by the State Commission.

(h) To make periodic reports to the Children, Seniors and Families Committee of the Board of Supervisors.

(i) To exercise all powers, duties, and functions as are prescribed by the Act, the Board of Supervisors, and the State Commission.

(Ord. No. NS-300.731, § 1, 6-22-04)

Sec. A18-80. Meetings.

The Commission shall adopt a meeting schedule at the first meeting of the calendar year, or as soon thereafter as is practical.

(Ord. No. NS-300.731, § 1, 6-22-04)

Sec. A18-81. Bylaws.

The Commission shall adopt bylaws setting forth procedures for the conduct of business not otherwise specified herein that are consistent with the Act and this Ordinance.

(Ord. No. NS-300.731, § 1, 6-22-04)

Sec. A18-82. Compensation.

The members of the Commission shall not be compensated for their service as members of the Commission. The members appointed by the Board of Supervisors shall receive a reasonable per diem pursuant to Commission policy. All Commissioners may be reimbursed for reasonable expenses incurred in discharging their official responsibilities pursuant to policies adopted by the Commission.

(Ord. No. NS-300.731, § 1, 6-22-04)

Sec. A18-83. Budgets.

The Commission shall prepare an annual budget. The Commission shall follow appropriate budgetary and accounting procedures.

The Commission shall develop a process for allocating funds to programs, services and projects that further the goals and objectives of the Act and the Commission's strategic plan. All recommended allocations shall be submitted to the Commission for approval unless specifically delegated to the executive officer.

(Ord. No. NS-300.731, § 1, 6-22-04)

Sec. A18-84. Staffing.

The Commission shall appoint an executive officer. The Commission may purchase services from the County, as they deem necessary. The Commission shall reimburse the County for services and other costs provided by the County within 30 days of receiving an invoice.

(Ord. No. NS-300.731, § 1, 6-22-04)

Sec. A18-84.1. Conflict of interest.

The Commission shall adopt a conflict of interest code and submit the code to the County for approval.

(Ord. No. NS-300.731, § 1, 6-22-04)

CHAPTER V1/2.
MEDICAL EXAMINER-CORONER*

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Editor's note--Ord. No. NS-300.601, § 1, adopted June 24, 1997, amended the Code by adding provisions designated as Art. V, §§ A18-84--A18-89. Said provisions have been included herein as Art. V1/2, §§ A18-85--A18-90, at the discretion of the editor. See the Code Comparative Table.

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Sec. A18-85. Department recognized.

There is in the County a Medical Examiner-Coroner Department, hereafter in this chapter referred to as the Department.

(Ord. No. NS-300.601, § 1, 6-24-97)

Sec. A18-86. Department head and medical examiner-coroner(s) recognized.

The Department shall be under the direction, management and control of the County Executive or designee. There is in the County and in the Department the position(s) of medical examiner-coroner(s). The medical examiner-coroner(s) shall be doctor(s) of medicine trained and certified in forensic pathology, and shall be appointed by the County Executive or designee in accordance with the provisions of the Charter and this Code. The medical examiner-coroner(s) shall exercise the powers and perform the duties of the Coroner.

(Ord. No. NS-300.601, § 1, 6-24-97; Ord. No. NS-300.732, § 1, 6-22-04)

Sec. A18-87. County Executive or designee's responsibility over personnel.

Subject to the provisions of the Charter and this Code, the County Executive or designee shall have the power to appoint, suspend, or remove, all physicians after approval of such actions is obtained from the County Executive and, all assistants, deputies, clerks and other employees necessary to conduct the work of the Department.

(Ord. No. NS-300.601, § 1, 6-24-97; Ord. No. NS-300.732, § 2, 6-22-04)

Sec. A18-88. General responsibilities of the County Executive or designee and the medical examiner-coroner(s).

The medical examiner-coroner(s) shall exercise the powers and perform the duties of the Coroner as specified by Chapter 10 of Part 3 of Division 2 of Title 3 of the Government Code and other laws and regulations. Subject to the Charter and this Code, all other functions of the Department will be managed by the County Executive or designee. The County Executive or designee will be responsible for the coordination, planning, organizing and direction of departmental activities, including administrative activities, and investigative and custodial activities other than those investigative and custodial activities which are statutorily mandated as set forth in Chapter 10 of Part 3 of Division 2 of Title 3 of the Government Code. The County Executive or designee will see that adequate personnel, equipment, supplies, and facilities are provided to carry out these departmental functions.

(Ord. No. NS-300.601, § 1, 6-24-97; Ord. No. NS-300.732, § 3, 6-22-04)

Sec. A18-89. Post mortem examination.

All post mortem examinations shall, except in the case of extreme emergency, be performed at the Department's forensic facility.

(Ord. No. NS-300.601, § 1, 6-24-97)

Sec. A18-90. Fixing of rates.

Rates for all services and documents furnished by the Department shall be established by resolution of the Board of Supervisors upon recommendation by the County.

(Ord. No. NS-300.601, § 1, 6-24-97; Ord. No. NS-300.732, § 4, 6-22-04)

Secs. A18-91--A18-114. Reserved.

CHAPTER VI.
HEALTH ADVISORY COMMISSION*

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Editor's note--Ord. No. NS-300.632, § 1, adopted Feb. 15, 2000, repealed Ch. VI, §§ A18-115--A18-119, which pertained to Emergency Medical Care Commission. Section 5 of said ordinance added provisions pertaining to the Health Advisory Commission to read as herein set out in §§ A18-115--A18-123. See the Code Comparative Table for a detailed analysis of inclusion of said ordinance.

Cross reference(s)--Boards and commissions generally, Div. A6.

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Sec. A18-115. Establishment and purpose.

There is in the County an advisory commission known as the Health Advisory Commission. The Commission shall act in an advisory capacity to the Board of Supervisors, and other government agencies or officials as required by law or ordinance, regarding issues which impact the health of the public, excluding strategic business planning or decisions, collective bargaining activities, or contracts made by the health and hospital system.

In this advisory capacity, the Commission will use data and information to assess needs and to identify priorities which it will use to develop recommendations regarding potential Santa Clara County responses or actions. Such recommendations may include policy changes, including those Santa Clara County could take or advocate for at other levels of government or through collaborative public/private partnerships; they may also concern service enhancement or coordination, system changes, resource allocation and infrastructure to deliver, monitor and evaluate Santa Clara County action or response.

(Ord. No. NS-300.632, § 5, 2-15-00)

Sec. A18-116. Powers and duties.

The following shall be the duties of the Commission:

(a) Review the health needs and trends of the residents in the County across the age continuum, including the prenatal period, infancy, childhood, adolescence, and adulthood, and across lifestyle preferences.

(b) Review factors impacting the health of the public, including the environment, and personal risk factors, including but not limited to alcohol and substance abuse.

(c) Review the adequacy of the continuum of health and human service system services, including their collective focus on assessment, prevention, preparedness, intervention and treatment, monitoring, mitigation, follow-up and reporting.

(d) Review the adequacy of a balanced focus on primary prevention, early identification and screening, as well as intervention and treatment.

(e) Review the adequacy of health and human services and policies, programs, providers, and facilities to meet identified health needs in emergency and non-emergency situations.

(f) Develop coordinated plans necessary to address identified gaps in service or policy; or network with existing groups that develop specific plans and review and provide input on such plans.

(g) Use the available data to make recommendations for needed action in the County, including, but not limited to: any needed shifts in service direction that may be indicated; any needed coordination of service indicated for the provision of the continuum of services, including the full scope of services which impact the health of the public; any resource allocation change that may be indicated; any policy change that may be needed to address the identified needs.

(h) Establish mechanisms, such as community forums, to bring the voice of the public as one aspect of information to be used in making recommendations for County action or response.

(i) Make recommendations for needed County changes and advocate for needed policy or resource allocation changes in other local jurisdictions, as well as state and federal levels of government.

(Ord. No. NS-300.632, § 5, 2-15-00)

Sec. A18-117. Relationship to other boards and commissions.

The Commission shall ensure that its activities do not conflict with those of other boards, commissions and councils in Santa Clara County. It shall endeavor to cooperate and coordinate with any other bodies with overlapping jurisdiction.

(Ord. No. NS-300.632, § 5, 2-15-00)

Sec. A18-118. Membership.

(a) In order to facilitate the transition of Commission members from the Emergency Medical Care Commission, the Alcohol and Drug Advisory Board, the Maternal, Child and Adolescent Health Board, or the Santa Clara County Commission on HIV and AIDS to the new Health Advisory Commission, the membership shall initially be composed of all Commission members of the former commissions who wish to serve on the Health Advisory Commission. Those members who desire to serve on the Health Advisory Commission, as indicated in writing to the Clerk of the Board of Supervisors, shall serve for their term of appointment to the Emergency Medical Care Commission, the Alcohol and Drug Advisory Board, the Maternal, Child and Adolescent Health Board, or the Santa Clara County Commission on HIV and AIDS. As the appointed terms to one of these four pre-existing commissions expire or are vacated, their seats shall be eliminated until the Health Advisory Commission consists of 15 members.

(b) In order to ensure that membership in the Health Advisory Commission does not fall below 15, the Board of Supervisors shall appoint new members as necessary.

(c) The 15 appointed members shall include the following:

(1) Two physicians, one practicing adult medicine, one practicing pediatric medicine;

(2) A representative of the education field;

(3) A representative of the emergency services field;

(4) Four representatives of the health-based community organizations;

(5) Two representatives of the field of nursing; and

(6) Five community members at large.

(d) The term of each appointed member of the Commission shall be four years.

(e) Members of the Commission shall reflect the ethnic diversity of the client population in the County and shall represent the demographics of the County as a whole to the extent feasible.

(f) No member shall be eligible to serve on such Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served.

(g) If a member misses three of any six consecutive meetings, or five of any 12 consecutive meetings, the Commission may vote to recommend to the Board of Supervisors that the position be declared vacant.

(Ord. No. NS-300.632, § 5, 2-15-00; Ord. No. NS-300.757, 12-12-06)

Sec. A18-119. Staff assistance and services.

The Clerk of the Board of Supervisors shall be ex officio secretary of the Commission and shall provide secretarial assistance to the Commission. Additional staff support shall be subject to the approval of the County Executive.

(Ord. No. NS-300.632, § 5, 2-15-00)

Sec. A18-120. Meetings.

(a) Regular meetings of the Commission shall be scheduled bimonthly. All meetings shall be open to the public and shall be subject to the Ralph M. Brown Act, Government Code § 54950 et seq., relating to meetings of local agencies.

(b) A majority of the members of the Commission shall constitute a quorum for the transaction of business and no act of the Commission shall be valid unless at least a majority of the entire membership concurs therein.

(Ord. No. NS-300.632, § 5, 2-15-00)

Sec. A18-121. Reports.

(a) The Commission shall submit an annual work plan to an appropriate committee of the Board of Supervisors no later than December 31 for consideration by the committee in January and final approval by the Board of Supervisors no later than March 31.

(b) The Commission shall submit a report to the Board of Supervisors every three years after the establishment of the Commission, on or before June 30, pursuant to Division [Section] A6-153 of the Santa Clara County Ordinance Code.

(Ord. No. NS-300.632, § 5, 2-15-00)

Sec. A18-122. Organization.

(a) The Commission shall organize itself in accordance with Section 506 of the County Charter. It shall prepare bylaws for its own conduct which shall include the election of officers, the time and place of regular meetings, and other such rules as are required.

(b) The Commission may establish such committees or subcommittees for any purpose that will be beneficial in accomplishing the work of the Commission.

(c) Except as otherwise provided by law or bylaws adopted by the Commission, procedures of the Commission shall be governed by the latest edition of Robert's Rules of Order.

(Ord. No. NS-300.632, § 5, 2-15-00)

Sec. A18-123. Reimbursement for travel expenses.

The members of the Commission shall serve without compensation, but shall be reimbursed for any actual and necessary travel expenses pursuant to the provision of Division A31 of this Code. No claim for reimbursement shall be submitted for payment without the approval of a majority of the members of the Commission. The secretary of the Commission shall be responsible for preparing and processing all claims. All claims for necessary travel expenses must be approved by the Board of Supervisors.

(Ord. No. NS-300.632, § 5, 2-15-00)

Secs. A18-124--A18-130. Reserved.

CHAPTER VII.
MENTAL HEALTH BOARD*

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Editor's note--Ord. No. NS-300.548, § 1, adopted Apr. 5, 1994, repealed former Ch. VII, §§ A18-137--A18-142, which pertained to similar subject matter. Section 2 of said Ord. No. NS-300.548 changed the title from "Mental Health Advisory Board" to "Mental Health Board," and added a new Ch. VII, §§ A18-141--A18-149.

Cross reference(s)--Boards and commissions generally, Div. A6.

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Secs. A18-131--A18-140. Reserved.

Sec. A18-141. Established.

There is hereby established the Santa Clara County Mental Health Board.

(Ord. No. NS-300.548, § 2, 4-5-94; Ord. No. NS-300.609, § 2, 3-10-98)

Sec. A18-142. Duties of the Mental Health Board.

(a) The Mental Health Board shall do the following:

(1) Review and evaluate the community's mental health needs, services, facilities, and special problems;

(2) Review any County agreements entered into pursuant to Welfare and Institutions Code § 5650;

(3) Advise the Board of Supervisors and the County Mental Health Director as to any aspect of the County mental health program;

(4) Review and approve the procedures used to ensure citizen and professional involvement at all stages of the planning process;

(5) Submit an annual report to the Board of Supervisors on the needs and performance of the County's mental health system;

(6) Review and make recommendations on applicants for the position of County Mental Health Director. The Mental Health Board shall be included in the selection process prior to the appointment by the appointing authority;

(7) Review and comment on the County's performance outcome data and communicate its findings to the State Mental Health Commission or similar agency, as required by law;

(8) Assess the impact of the realignment of services from the State to the County on services delivered to clients and on the local community;

(9) Perform such other duties as required by law or the Board of Supervisors.

(Ord. No. NS-300.548, § 2, 4-5-94; Ord. No. NS-300.609, § 2, 3-10-98)

Sec. A18-143. Membership.

(a) Composition.

(1) The Mental Health Board shall consist of 16 members appointed by the Board of Supervisors. Each member of the Board of Supervisors shall appoint three members. One member of the Board of Supervisors shall serve as a member of the Mental Health Board. When the designated Supervisor is unable to attend the Mental Health Board regular monthly meeting, the Supervisor's aide may represent him/her but may not cast a vote;

(2) At least 50 percent of the Board membership shall be consumers or the parents, spouse, sibling, or adult children of consumers, who are receiving or have received, mental health services. A majority of the consumers or the parents, spouse, sibling, or adult children of consumers shall have received public mental health services. At least 20 percent of the total membership shall be consumers, and at least 20 percent shall be families of consumers;

(3) Members of the Mental Health Board shall reflect the ethnic diversity of the client population in the County as a whole and shall represent all geographic regions and the demographics (youth/adult/older adult) of the County.

(b) Nominating procedure.

(1) The Board of Supervisors is encouraged to appoint individuals who have experience and knowledge of the public mental health system;

(2) The Mental Health Board may recommend appointees to the Board of Supervisors through its established Recruitment Committee, which shall assess the candidate's interest and demonstrated commitment to mental health advocacy, educate the candidate about responsibilities and duties of Board members, and encourage the candidates to attend a meeting of the Board or Executive Committee prior to recommendation. The Recruitment Committee shall then advise the Executive Committee of its recommendation prior to advising the Board of Supervisors.

(3) The chairperson shall advise the appointing Supervisor in writing if a member resigns or declares intent to cease participating in Board activities or otherwise becomes a non-participating member;

(4) The Recruitment Committee shall be responsible for working with the Board of Supervisors to ensure that the composition of the Mental Health Board is in compliance with California state law and represents the ethnic diversity in the County and demographics (youth/adult/older adult) of the County as a whole.

(c) Terms.

(1) The term of each member shall be three years with approximately one-third of the appointments expiring each year. A term shall be automatically extended until the member is reappointed or replaced;

(2) No member shall be eligible to serve on such Board for more than three consecutive terms including any portion of any unexpired term which may have been served.

(d) Attendance. The active participation by all of its members is essential to the function of the Mental Health Board. Therefore:

(1) The Mental Health Board will issue a letter of concern to a member with a copy to his/her appointing Supervisor when the lack of attendance at meetings impacts the functioning of the Mental Health Board;

(2) A leave of absence may be requested by writing to the chairperson of the Mental Health Board clearly stating the starting and ending dates;

(3) A leave of absence may be granted by the chairperson with the approval of the Executive Committee in consideration of current requirements for a quorum, but not for more than 90 days;

(4) Requests for a leave of absence must be acknowledged by the chair of the Mental Health Board in writing whether the leave was granted or denied;

(5) A vacancy shall exist if a member fails to attend three consecutive Mental Health Board meetings. Notice of non-attendance must be given prior to the meeting.

(e) Membership responsibilities. Members of the Mental Health Board are expected to:

(1) Perform any and all duties imposed on them collectively or individually by law, these by-laws, or by the Santa Clara County Board of Supervisors;

(2) Meet at such times and places as required by law and these by-laws;

(3) Maintain a current address on record with the Deputy Clerk of the Board. Meeting notices mailed to that address shall be considered valid notices.

(f) Conflicts of interest.

(1) No member of the Board or his or her spouse shall be a full-time or part-time County employee of a County mental health service, an employee of the State Department of Mental Health, or an employee of, or a paid member of the governing body of, a Bronzan-McCorquodale contract agency. Members of the Board shall abstain from voting on any issue in which the member has a financial interest as defined in Government Code § 87103;

(2) All members shall comply with provisions of the Santa Clara County Conflict of Interest Code which has been adopted pursuant to the Political Reform Act of 1974, as amended.

(Ord. No. NS-300.548, § 2, 4-5-94; Ord. No. NS-300.609, § 2, 3-10-98; Ord. No. NS-300.763, § 1, 12-12-06)

Sec. A18-144. Officers.

(a) The Mental Health Board shall, as soon as practicable following the first day of July each year, elect a chairperson, a first vice-chairperson, and a second vice-chairperson. These officers shall perform the duties prescribed in the by-laws, or if not prescribed in the by-laws, by the parliamentary authority governing the Board.

(b) The chairperson shall appoint, subject to approval by the Mental Health Board, a Nominating Committee at the regular April meeting. The Nominating Committee shall be composed of at least three current members of the Board. Said Committee shall submit a written report to the Mental Health Board at its regular May meeting. Nominations may be made from the floor at the regular June meeting.

(c) A term of office is one year. No officer may serve more than two consecutive terms in an office.

(d) One duty of the chairperson is to consult with the Director of the County mental health system.

(Ord. No. NS-300.548, § 2, 4-5-94; Ord. No. NS-300.609, § 2, 3-10-98; Ord. No. NS-300.763, § 2, 12-12-06)

Sec. A18-145. Meetings.

(a) Regular meetings of the Mental Health Board shall be held monthly except for the months of August and December, unless otherwise determined by the Board, or in the absence of a determination by the Board, by the Executive Committee.

(b) Special meetings may be called by the chair or by a quorum of the Mental Health Board. The call shall state the time and place of the special meeting and the business to be transacted. Special meetings shall be called and held in accordance with the Ralph M. Brown Act (Government Code § 54950 et seq.).

(c) The agenda for the monthly Mental Health Board meeting will consist of standing agenda items and action items that must be submitted to the Deputy Clerk in sufficient time to meet the requirements of the Ralph M. Brown Act.

(d) One duty of the chair is to consult with the Director of the County mental health system.

(e) Minutes of the Mental Health Board meetings will be recorded and kept on file as well as distributed to all members of the Mental Health Board by the deputy clerk.

(Ord. No. NS-300.548, § 2, 4-5-94; Ord. No. NS-300.609, § 2, 3-10-98; Ord. No. NS-300.763, § 3, 12-12-06)

Sec. A18-146. Executive Committee.

(a) Membership.

(1) The officers of the Mental Health Board, the chairs or co-chairs of standing committees, and members of the Mental Health Board appointed to the Executive Committee by the chair of the Mental Health Board shall constitute the Executive Committee.

(b) Meetings.

(1) Except with respect to special meetings, the Executive Committee shall set the time and location of meetings as authorized above, establish the agenda for Mental Health Board meetings, prepare the annual report, make recommendations to the Mental Health Board, and perform such other duties as are specified in the by-laws.

(2) All meetings will be called and held in accordance with the Ralph M. Brown Act.

(c) The Executive Committee shall be subject to the directions and orders of the Board of Supervisors and of the Mental Health Board, and none of its actions shall conflict with such directions or orders of the Board of Supervisors or the Mental Health Board.

(d) No standing committee will have more than one vote on the Executive Committee.

(e) The goal of the Executive Committee is to operate by consensus whenever possible. Should that not be possible, the Executive Committee will operate by majority vote of those in attendance.

(Ord. No. NS-300.548, § 2, 4-5-94; Ord. No. NS-300.609, § 2, 3-10-98; Ord. No. NS-300.763, § 4, 12-12-06)

Sec. A18-147. Committees.

(a) Establishment of duties:

(1) The Mental Health Board may establish committees, advisory groups, and/or task forces as needed. All such groups are advisory to the Mental Health Board, and no action may be taken by them except to make recommendations to the Mental Health Board.

(2) All members of the Mental Health Board shall have at least one committee assignment.

(3) The chair of the Mental Health Board shall appoint a chair and a co-chair to each committee subject to confirmation by the Board. All committee chairs and co-chairs shall be members of the Mental Health Board. The chair of the Mental Health Board shall be an ex-officio member of all committees, except the Nominating Committee.

(4) Chairs and co-chairs shall serve for a term of one year, until successors are appointed, or until the task is completed, as specified by the Mental Health Board.

(b) Procedures.

(1) Committees will attempt to function by consensus; however, the action of the majority of participants present in any committee shall determine the action of the committee by vote. If a vote is required, employees of the Department of Mental Health and/or contract agencies will refrain from voting.

(2) Minutes of each regular and special meeting of a committee shall be prepared and shall include a record of attendance of the members and the vote taken on each matter. Copies of the minutes shall be submitted to the Board. Each committee shall maintain a permanent notebook of the minutes of each meeting.

(c) Standing committees. The standing committees of the Board and their duties shall be reviewed on a yearly basis by the Executive Committee.

(Ord. No. NS-300.548, § 2, 4-5-94; Ord. No. NS-300.609, § 2, 3-10-98; Ord. No. NS-300.763, § 5, 12-12-06)

Sec. A18-148. Parliamentary authority.

Except as otherwise provided by law or these by-laws, procedures of the Board shall be governed by the latest edition of Robert's Rules of Order.

(Ord. No. NS-300.548, § 2, 4-5-94; Ord. No. NS-300.609, § 2, 3-10-98)

Sec. A18-149. By-laws.

This chapter shall constitute, in part, the by-laws of the Board. The Board may recommend to the Board of Supervisors additional by-laws and amend existing by-laws by a two-thirds vote, provided that a proposed amendment has been submitted to the Board at the previous regular meeting. The recommendations shall become effective upon approval by the Board of Supervisors.

(Ord. No. NS-300.548, § 2, 4-5-94; Ord. No. NS-300.609, § 2, 3-10-98; Ord. No. NS-300.763, § 6, 12-12-06)

Secs. A18-150--A18-153. Reserved.

CHAPTER VIII.
ADVISORY COMMISSION FOR PERSONS WITH DISABILITIES*

------------

Editor's note--Ord. No. NS-300.543, § 1, adopted Nov. 9, 1993, repealed former Ch. VIII, §§ A18-154--A18-159, which pertained to an Advisory Commission on Developmentally Disabled. Section 2 of said Ord. No. NS-300.543 added a new Ch. VIII, §§ A18-154--A18-159, to read as herein set out.

Cross reference(s)--Boards and commissions generally, Div. A6.

------------

Sec. A18-154. Established.

There is hereby established a Santa Clara County Advisory Commission for Persons With Disabilities.

(Ord. No. NS-300.543, § 2, 11-9-93)

Sec. A18-155. Membership and term.

The Commission shall consist of 15 members. Three members shall be allocated to each supervisorial district pursuant to Section A5-40. Appointments will also be equally allocated, three members each, by individual Supervisors for their respective supervisorial districts. For each vacancy on the Commission, the Commission shall submit a list of three nominees to the Supervisor of the supervisorial district for which a vacancy exists. The overall composition of the Commission shall reflect the following:

(a) The Commission members shall be relatives of disabled persons, representatives of disabled community provider organizations, and representatives of different disability groups as defined in the Americans with Disabilities Act.

(b) Members shall reflect the community and its various populations. Primary consideration shall be given to interest, dedication, knowledge, and breadth of vision concerning opportunities for those with disabilities.

(c) The Commission shall designate at least one member as an advocate for persons who cannot advocate for themselves, e.g., the developmentally disabled, stroke patients, or traumatically brain-injured persons.

(d) The term of each member shall be for four years, with terms of initial members being staggered.

(e) No member shall be eligible to serve on such Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served.

(Ord. No. NS-300.543, § 2, 11-9-93; Ord. No. NS-300.607, § 1, 1-13-98; Ord. No. NS-300.750, 12-12-06)

Sec. A18-156. Organization; secretary.

The Commission shall organize itself in accordance with Section 506 of the Charter. The Clerk of the Board of Supervisors shall be ex officio secretary of the Commission and shall be responsible for providing secretarial assistance for the Commission.

(Ord. No. NS-300.543, § 2, 11-9-93)

Sec. A18-157. Duties.

The Commission shall act in an advisory capacity to the Board of Supervisors as follows:

(a) The Commission shall study, review, evaluate and make recommendations to the Board of Supervisors on matters affecting persons with disabilities including, but not limited to: access to programs, facilities and services; economic issues; education; health care; housing; legislation; recreation; and transportation.

(b) Matters and issues which are within the jurisdiction of other committees or commissions established by the Board shall be referred to those committees or commissions.

(c) The Commission shall respond to reviews, investigations, studies, or other matters as requested by the Board of Supervisors.

(Ord. No. NS-300.543, § 2, 11-9-93)

Sec. A18-158. Meetings and vacancy.

Meetings shall be held no less than every other month and shall be open to the public.

The unexcused absence of any Commissioner from three consecutive meetings shall be reported to the Board of Supervisors who may then declare that position vacant.

(Ord. No. NS-300.543, § 2, 11-9-93)

Sec. A18-159. Reimbursement for expenses.

The members of the Commission shall serve without compensation, but shall be reimbursed for any actual and necessary travel expenses pursuant to the provisions of Division A31. No expenditures or requisitions for services and supplies shall be made and no claim for reimbursement shall be submitted without the approval of a majority of the members of the Commission. The secretary of the Commission shall be responsible for preparing and processing all expenditures, requisitions, and claims.

(Ord. No. NS-300.543, § 2, 11-9-93)

Secs. A18-160--A18-169. Reserved.

CHAPTER IX.
RESERVED*

------------

Editor's note--Ord. No. NS-300.632, § 2, adopted Feb. 15, 2000, repealed Ch. IX, §§ A18-170--A18-177, which pertained to the Alcohol and Drug Advisory Board. See the Code Comparative Table.

------------

Secs. A18-170--A18-189. Reserved.

CHAPTER X.
RESERVED*

------------

Editor's note--Ord. No. NS-300.632, § 3, adopted Feb. 15, 2000, repealed Ch. X, §§ A18-190--A18-196, which pertained to the Maternal, Child and Adolescent Health Board. See the Code Comparative Table.

------------

Secs. A18-190--A18-199. Reserved.

CHAPTER XI.
SOCIAL SERVICES ADVISORY COMMISSION

Sec. A18-200. Establishment and purpose of the Commission.

(a) There is hereby established a Social Services Advisory Commission. The general purposes of the Commission shall be to assess community social service needs; to provide policy guidance to the Board of Supervisors and Department of Social Services; and, to establish effective working relationships with the various community organizations concerned with social services in Santa Clara County.

(b) The Commission shall assume the functions heretofore performed by the Social Services Study Group and Social Services Advisory Committee, and said Group and Committee are hereby abolished.

(c) Purposes and functions of the Commission shall not preempt any duty, responsibility or activity which is the mandate of any board or commission, and shall deal exclusively with the Department of Social Services.

(Ord. No. NS-300.267, 10-24-78)

Sec. A18-201. Membership and terms.

(a) The membership of the Social Services Advisory Commission shall consist of 15 members subject to appointment by the Board of Supervisors. Composition of the Commission shall be in strict compliance with the affirmative action policies and programs of the County. The Commission shall be broadly representative of potential, current and former consumers of social services. All members must have a demonstrated interest in and knowledge of social service needs, client and potential client needs, and concerns of the Department and Board of Supervisors.

(b) Community and public agencies may submit nominations of members in writing to the chairperson of the Board of Supervisors.

(c) All members shall serve three-year terms, except that five of the initial members shall serve two-year terms, and five of the initial members shall serve one-year terms to provide for staggering of terms. The initial reduced terms shall be decided by the drawing of lots at the first regularly scheduled meeting of the Commission. No member shall be eligible to serve on such Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served.

(d) The Commission may recommend to the Board of Supervisors that the seat of any member missing three consecutive meetings or one-fourth of all meetings in a one-year period, be declared vacant.

(Ord. No. NS-300.267, 10-24-78; Ord. No. NS-300.278, § 1, 3-20-79; Ord. No. NS-300.772, 12-12-06)

Sec. A18-202. Organization of the Commission.

The Commission shall establish bylaws for its own conduct which shall include the election of officers, the time and place of regular meetings, and other such rules as required. The bylaws shall be consistent with Sections 500 and 506 of the County Charter.

(Ord. No. NS-300.267, 10-24-78)

Sec. A18-203. Meetings of the Commission.

Meetings of the Commission shall be held not less than monthly, and shall be open to the public.

(Ord. No. NS-300.267, 10-24-78)

Sec. A18-204. Duties of the Commission.

The following shall be duties of the Social Services Advisory Commission:

(a) Encourage communication among recipients and providers of social services and the Commission;

(b) Assist in identification of unmet and potential social service needs;

(c) Assist in identification of program and subsidy priorities for social services programs in Santa Clara County;

(d) Assess Department programs and offer alternatives and modifications where appropriate;

(e) Review the impact of budgetary proposals affecting the services and grants available through the Department of Social Services;

(f) Evaluate policies and administration of such policies affecting the delivery of social services;

(g) Assist in the development of an annual social services plan, stating needs, goals and objectives;

(h) Review and make recommendations on all applications submitted by public and private agencies for local, state and federal funding of social services programs;

(i) Participate in planning and review of all Title XX programs and expenditures, pursuant with state and federal regulations;

(j) Form task forces or committees to assist in planning, policy, goal and priority recommendations and such functions as the Commission deems necessary. Membership on task forces shall provide for the broadest possible community representation within the specific area of the task force's assignment, and shall include an odd number of Commission members, not to exceed seven. Voting on the task force shall be limited to members of the Commission only;

(k) Encourage equitable delivery of social services to those most deserving, and of the greatest need;

(l) Encourage the elimination of redundant or unnecessary programs, encourage transfer of programs to community agencies not reliant upon County funding where appropriate, and seek economical and efficient delivery of social services;

(m) Advise the Board of Supervisors of matters relating to (a) through (l) above.

(Ord. No. NS-300.267, 10-24-78)

Sec. A18-205. Staff assistance to the Commission.

(a) The Clerk of the Board of Supervisors shall be ex officio secretary to the Commission and shall provide secretarial assistance to the Commission.

(b) The Director of the Department of Social Services or his representative shall attend all meetings of the Commission and provide staff assistance to the Commission. Staffing levels shall be consistent with personnel requirements within the Department of Social Services.

(Ord. No. NS-300.267, 10-24-78; Ord. No. NS-300.285, § 1, 6-5-79)

Sec. A18-206. Review of the Commission.

The Commission shall submit a report to the Board of Supervisors every three years, except that the first report will be submitted on or before July 1, 1979, and the second report on or before June 30, 1982. The report will be filed pursuant with Chapter XII of Division A6 of Title A of the Santa Clara County Ordinance Code.

(Ord. No. NS-300.267, 10-24-78)

Secs. A18-207--A18-229. Reserved.

Chapter XII.
RESERVED*

------------

Editor's note--Ord. No. NS-300.776, adopted December 12, 2006, repealed Ch. XII, §§ A18-230--A18-237, which pertained to the Coordinating Council on Services to Victims of Sexual Assault. See also the Code Comparative Table.

------------

Secs. A18-230--A18-239. Reserved.

CHAPTER XIII.
RESERVED*

------------

Editor's note--Chapter XIII, §§ A18-240--A18-244, relating to the Drug Abuse Coordination Commission, was repealed by the title of Ord. No. NS-300.484, adopted Aug. 8, 1991. The chapter was derived from Ord. Nos. NS-300.315, § 1; NS-300.344, § 1; NS-300.360, § 1; NS-300.387, § 1. See Ch. IX of this division, § A18-170 et seq.

------------

Secs. A18-240--A18-244. Reserved.

CHAPTER XIV.
RESERVED*

------------

Editor's note--Ord. No. NS-300.777, adopted December 12, 2006, repealed Ch. XIV, §§ A18-245--A18-249, which pertained to the Local Suppression of Drug Abuse in Schools Advisory Committee. See also the Code Comparative Table.

------------

Secs. A18-245--A18-250. Reserved.

CHAPTER XV.
SENIOR CARE COMMISSION

Sec. A18-251. Establishment and purpose.

The purposes of the Senior Care Commission are to research, assess and evaluate issues, legislation, services and programs that promote independence, good health and quality of life for persons 60 and over and make recommendations to the Board of Supervisors through the Children, Seniors and Families Committee regarding said issues.

For the purpose of the Commission, "senior care" shall be defined as follows:

Senior care means a coordinated continuum of preventive, diagnostic, therapeutic, rehabilitative, supportive, and maintenance services that address the health, social, and personal needs of individuals who are 60 and over. These services shall be designed to recognize the positive capabilities of the individual and maximize the potential for the optimum level of physical, social, psychological, and personal independence in the least restrictive environment; and emphasis shall be placed on seeking alternative services other than institutionalization. Appropriate services may be provided by formal or informal support systems.

(Ord. No. NS-300.418, § 1, 9-15-87; Ord. No. NS-300.450, § 1, 10-3-89; Ord. No. NS-300.667, § 1, 8-6-02)

Sec. A18-252. Membership.

The Commission shall consist of 16 members. Members shall be appointed, three each, by individual Supervisors. The remaining one position shall be appointed by an individual Supervisor on a rotating basis. The rotational sequence for this one appointment shall be determined by the Board of Supervisors and thereafter shall continue as so designated. Members shall have the following qualifications:

(a) Three providers shall represent nursing homes, residential care facilities, and support services such as adult day care or home health care;

(b) Three advocates shall be from advocate groups such as the long term care ombudsman or city senior commissions;

(c) One representative shall be from the Council on Aging;

(d) Nine members shall be at large. At-large membership shall include at least one senior citizen from each supervisorial district and shall not duplicate representation provided in (a), (b), and (c).

The term of office of each member shall be three years; provided, the members first appointed shall so classify themselves by lot that on each succeeding July 1, the term of one-third of the members shall expire. No member shall be eligible to serve on such Commission for more than three consecutive terms in addition to any portion of any unexpired term which may have been served.

A vacancy shall exist and shall be reported to the Board of Supervisors whenever a Commissioner fails to attend more than three consecutive regular meetings of the Commission without good cause entered on the minutes of the Commission; or when a member is unavailable or no longer able to participate for any reason.

(Ord. No. NS-300.418, § 1, 9-15-87; Ord. No. NS-300.607, § 15, 1-13-98; Ord. No. NS-300.667, § 1, 8-6-02; Ord. No. NS-300.771, 12-12-06)

Sec. A18-253. Organization; secretary.

The Commission shall organize itself in accordance with Section 506 of the Charter. The Clerk of the Board of Supervisors shall be ex officio secretary of the Commission and shall be responsible for providing secretarial assistance to the Commission.

(Ord. No. NS-300.418, § 1, 9-15-87)

Sec. A18-254. Meetings.

Meetings shall be held at the County Government Center, unless the Board of Supervisors approves an alternate location.

Meetings of the Commission shall be held not less than monthly, and shall be open to the public.

The Commission shall conduct public hearings as needed and hold an annual public meeting on the activities of the Commission.

(Ord. No. NS-300.418, § 1, 9-15-87)

Sec. A18-255. Duties.

Consonant with the provisions of Section A18-251, "Establishment and purpose," the duties of the Commission shall be as follows:

(1) Encourage communication among recipients and providers of services and the Commission.

(2) Assist in identification of unmet and potential service needs.

(3) Make recommendations on the development of a long-range plan for the delivery of services to senior residents of the County in need of long-term care.

(4) Identify problems in coordination of services offered by the County and other agencies to senior residents in need of care, including long-term care, and make recommendations for the resolution of such problems and for improved coordination of services.

(5) Encourage the elimination of redundant or unnecessary programs, and seek economical and efficient delivery of services.

(6) Evaluate policies and administration of such policies affecting the delivery of services.

(7) Form committees to assist the work of the Commission. Membership of committees shall provide for the broadest possible community representation within the specific area of the Commission, and shall include at least one Commission member.

(8) Gather, review, analyze, and make recommendations from/to the Board of Supervisors on proposed or pertinent legislation and County policy.

(9) Identify target groups, including: professionals, consumers, and the general public. Encourage the development of informational channels for reaching identified target groups.

(10) Advise the Board of Supervisors on matters relating to all of the above.

(Ord. No. NS-300.418, § 1, 9-15-87; Ord. No. NS-300.667, § 1, 8-6-02)

Sec. A18-256. Interrelationships between Commission and County departments.

The Commission shall relate to relevant County departments in meeting its charge. The Santa Clara County Public Health Department is designated as the primary County department for this purpose. Other County departments will cooperate with the Commission in its work as needed, including the assignment of staff liaison when requested by the Commission.

(Ord. No. NS-300.418, § 1, 9-15-87; Ord. No. NS-300.667, § 1, 8-6-02)

Sec. A18-257. Review of the Commission.

The Commission shall submit a report every three years to the Board of Supervisors. Reports will be submitted on or before July 1, 1990, and every third year thereafter. The report will be filed pursuant with Chapter XII of Division A6, Title A of the Santa Clara County Ordinance Code.

(Ord. No. NS-300.418, § 1, 9-15-87)

CHAPTER XVI.
AMBULANCE PERMITS*

------------

Editor's note--Ord. No. NS-300.513, § 1, adopted Feb. 23, 1993, repealed former Ch. XVI, Arts. 1--10, §§ A18-258--A18-296 in its entirety, which pertained to similar subject matter. Section 2 of said Ord. No. NS-300.513 added a new Ch. XVI, Arts. 1--10, §§ A18-258--A18-275, A18-277--A18-284, A18-289--A18-295, to read as herein set out.

------------

ARTICLE 1.
GENERAL PROVISIONS

Sec. A18-258. Purpose.

The purposes of this chapter are:

(1) To enact policies and regulations which are necessary for the public health and safety regarding the dispatching and operation of ambulances;

(2) To enact policies and regulations for permitting and regulating ambulances, including EMS aircraft, which operate within or from any point within Santa Clara County;

(3) To regulate ambulance personnel and protect the public from the unsafe and unsanitary operation of ambulances;

(4) To allow for adequate ambulance services in all areas of the County; and

(5) To allow for the orderly and lawful operation of the emergency medical services system pursuant to the provisions of Division 2.5 of the Health and Safety Code commencing with § 1797 et seq.

(Ord. No. NS-300.513, § 2, 2-23-93; Ord. No. NS-300.741, § 1, 8-23-05)

Sec. A18-259. Applicability.

Providers of advanced life support operating within the incorporated and unincorporated areas of Santa Clara County must comply with the provisions of this chapter and all regulations adopted to administer such provisions.

All other ambulance service providers must comply with the provisions of this chapter and all regulations adopted to administer such provisions, when operating in the unincorporated areas of Santa Clara County and when operating within the limits of those incorporated cities which have adopted this chapter.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-260. Exemptions.

The provisions of this chapter and regulations enacted pursuant to such provisions shall not apply:

(1) To vehicles which provide ambulance services or to persons engaged in such transportation, where such services are rendered during any "state of war emergency," or a duly proclaimed "state of emergency," or "local emergency" as defined in the California Emergency Services Act (Government Code § 8550 et seq.), at the request of the State Office of Emergency Services or the EMS Agency); or

(2) During any period (not to exceed 30 consecutive days, but renewable every 30 days) when the EMS Agency has determined in writing that adequate emergency ambulance service will not be available from existing permittees.

(3) To ambulances responding to calls for service outside of this County.

(4) To ambulances provided by the state or federal government.

(5) To ALS ambulance service provided by a municipality or fire district which has been providing such service continuously since June 1, 1980.

(Ord. No. NS-300.513, § 2, 2-23-93)

ARTICLE 2.
DEFINITIONS

Sec. A18-261. Specific terms.

Unless otherwise specifically provided or required by the context, the following terms have the meanings set forth in this article.

(a) Ambulance: "Ambulance" means (1) a vehicle specially constructed, modified or equipped, or arranged, used or operated for the purpose of transporting sick, injured, convalescent, infirm, or otherwise incapacitated person(s) in need of medical care, which operates or may operate with emergency lights and siren or the equivalent; (2) a privately owned EMS Utility Vehicle (EUV) used for prehospital emergency medical response, which operates or may operate with emergency lights and siren or the equivalent; and (3) an air ambulance or rescue aircraft, as defined in Title 22, Division 9, of the California Code of Regulations. The meaning includes but is not limited to privately owned ambulances and paramedic units.

(b) Ambulance service: "Ambulance service" means the activity, business or service for hire, profit or otherwise of (1) transporting one or more persons by ambulance on or in any of the streets, roads, highways, alleys or any public way or place; or (2) utilizing an EUV or rescue aircraft for prehospital emergency medical services.

(c) Advanced life support (ALS): "Advanced life support" means special services designed to provide definitive prehospital emergency medical care, including, but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration of specified drugs and other medicinal preparations, and other specified techniques and procedures administered by authorized personnel under the direct supervision of a base hospital as part of a local EMS system at the scene of an emergency, during transport to an acute care hospital, during interfacility transfer, and while in the emergency department of an acute care hospital until responsibility is assumed by the emergency or other medical staff of that hospital.

(d) Basic life support (BLS): "Basic life support" means emergency first aid and cardiopulmonary resuscitation procedures which, as a minimum, include recognizing respiratory and cardiac arrest and starting the proper application of cardiopulmonary resuscitation to maintain life without invasive techniques until the victim may be transported or until advanced life support is available.

(e) Attendant: "Attendant" means a trained and/or qualified individual who, regardless of whether he/she also serves as driver, is responsible for the care of patients and who has met all license, certification and other requirements in applicable state laws and regulations. The term includes Emergency Medical Technicians (EMTs), paramedics, and authorized registered nurses, as those terms are used in Division 2.5 of the Health and Safety Code, § 1797 et seq.

(f) County communications: "County communications" means the County Communications Center, County Communications System.

(g) Critical Care transport: "Critical Care Transport" (CCT) means the transport of a critical care patient between medical facilities where it has been determined by the patient's treating physician that such transport requires medical supervision by advanced life support providers with critical care training or experience.

(h) Driver: "Driver" means an individual who drives a ground ambulance and who has met all license, certification and other requirements in applicable state laws and regulations.

(i) Ambulance service permit: "Ambulance service permit" means written authorization by the County to provide ALS or BLS or CCT ambulance service.

(j) EMS: "EMS" means emergency medical services.

(k) EMS agency: "EMS agency" has the same meaning as "local EMS agency" in Health and Safety Code § 1797 et seq., of Division 2.5.

(l) EMS Aircraft: "EMS Aircraft" means any aircraft utilized for the purpose of prehospital and interfacility emergency patient response and transport. EMS Aircraft includes air ambulances and all categories of rescue aircraft.

(m) Health officer: "Health officer" means the County Health Officer.

(n) Permit officer: "Permit officer" means the EMS administrator or other official designated by the health officer.

(o) Response: "Response" means the time interval commencing with the receipt of a request for service by an ambulance service provider to the arrival of an ambulance operated by the service provider at the scene, site or place of the request.

(p) Permit holder: An entity issued an ambulance service permit according to the provisions of this chapter.

(Ord. No. NS-300.513, § 2, 2-23-93; Ord. No. NS-300.741, § 2, 8-23-05)

ARTICLE 3.
PERMIT REQUIREMENT

Sec. A18-262. Ambulance permit requirement.

No person, either as owner, agent or otherwise, shall furnish, operate, conduct, maintain or otherwise engage in, or advertise, offer or profess to engage in ambulance service unless he holds (and is entitled to hold) a currently valid ambulance service permit issued by the permit officer for each ambulance owned and operated by a permittee.

Unless exempted, any provider of ALS services must also be a designated contract provider for the County of Santa Clara during the anticipated permit period. ALS ambulance services which (1) are provided by a company for the purpose of responding to the medical needs of the employees at the work site, or (2) are arranged to be performed at a single entertainment event held on a specific date(s) whether public or private, are exempt from this requirement, and may be issued a permit upon payment of the required fee. Such ALS service providers under contract with the County of Santa Clara are deemed to have satisfied the permit requirements of this chapter and shall be deemed to be operating under a valid ALS ambulance permit during the period that services are actually provided to the County, upon payment of the required permit fees.

(Ord. No. NS-300.513, § 2, 2-23-93; Ord. No. NS-300.544, § 1, 12-14-93; Ord. No. NS-300.718, § 1, 5-4-04)

Sec. A18-263. Application for permit.

Each application, whether for initial permit or renewal of an ambulance service permit, shall be made on forms and in the manner prescribed by the permit officer.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-264. Permit application required information.

The application for an ambulance service permit shall provide the following information:

(a) The name(s) and address(es) of the applicant(s) and owner(s) of the ambulance(s) and the business entity's name.

(b) The applicant's training and experience in the transportation and care of patients.

(c) The name(s) under which the applicant has engaged, does and proposes to engage in ambulance service.

(d) A description of each ambulance, including the make, model, year of manufacture, vehicle identification (serial) number, state ambulance license number and motor vehicle registration number and expiration date; and for air ambulances; current Federal Aviation Administration (FAA) registration number of each aircraft, airworthiness certificate number and expiration date.

(e) The length of time each vehicle has been in use, the miles shown on the odometer, the color scheme, insignia, name(s), monogram and any other distinguishing characteristics of each vehicle.

(f) A description of each company or firm's program for maintenance of each vehicle.

(g) A description of each vehicle's radio communications equipment.

(h) A statement that the applicant has obtained and has all necessary licenses and permits required by federal and state laws and regulations for the type of service proposed.

(i) The names and qualifications of each attendant employed, or to be employed, in providing ambulance service. The applicant shall provide an up-to-date list of attendants on a regular basis to the EMS Agency, as may be required by the permit officer.

(j) Evidence of a currently valid California Highway Patrol inspection report for each ground ambulance vehicle listed in the application.

(k) A description of the applicant's training and orientation programs for ambulance attendants, drivers and for dispatchers.

(l) A description of the applicant's quality management program.

(m) Evidence of such insurance coverage as may be required by the permit officer.

(n) Facts relied on by the applicant in asserting that the public health, safety, welfare, convenience and necessity warrant the granting of the ambulance service permit.

(o) The ability of the applicant to provide ambulance service within established response times for the type of vehicle operated (ground ambulance, aircraft), 24 hours per day, seven days per week, year-round.

(p) All service charges and rate structure of the company and any additional charges incidental to the company's services.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-265. Applicant investigation.

Upon receipt of a completed application together with the required fee(s), the permit officer shall make or cause to be made such investigation as deemed necessary to determine if:

(a) Public health, safety, welfare, convenience and necessity require the issuing of a permit;

(b) The applicant is a responsible and proper person to conduct, operate and engage in this ambulance service; and

(c) That the radio(s) in or carried aboard each ambulance is (are) installed pursuant to regulations and policies adopted by the Director of County Communications, and is (are) in good working order.

(Ord. No. NS-300.513, § 2, 2-23-93)

ARTICLE 4.
PERMIT ISSUANCE

Sec. A18-266. Issuance.

The permit officer shall issue an ambulance service permit covering each listed ambulance of the applicant if the permit officer determines that the requirements contained in Article 3 have been satisfied.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-267. Appeal from permit denial.

Whenever the permit officer denies an application for an ambulance service permit, the applicant may request a hearing on the denial, at which the applicant will have the burden of proof. The hearing will be scheduled within 15 days of receipt of the applicant's written request for the hearing by the permit officer.

Hearings shall be conducted before a hearing officer designated by the Health Service Administrator. The applicant and the County shall share equally in the costs of a hearing officer, recorder or certified shorthand reporter.

The hearing officer shall prepare and submit a written summary of the evidence, findings, and a final decision within 30 days after conclusion of the hearing.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-268. Notice.

The permit officer shall provide, by deposit in the U.S. mail, proper postage affixed, notice of the time, date and place of a hearing at least seven days in advance of such hearing to the applicant or permittee.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-269. Term of permit.

Permits issued under this chapter shall be valid for a period of one year unless earlier suspended, revoked or terminated. Nothing in this chapter shall be construed as requiring the granting of a permit upon the expiration of a previous permit, or as creating any vested or property right in the renewal, extension or continuance of any permit after the expiration of its term.

(Ord. No. NS-300.513, § 2, 2-23-93; Ord. No. NS-300.635, § 1, 5-9-00)

Sec. A18-270. Temporary; when issued.

The permit officer may issue a temporary permit for a period of not over 90 days, renewable for cause expressed in writing by the permit officer.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-271. Application; changes.

The applicant and permittee shall report to the permit officer any change in the information required in Article 3 within ten days of the effective date of the change.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-272. Termination.

Any change of ownership of a permitted ambulance service terminates the permit immediately.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-273. Transfer of permit.

If, during the permit year, an ambulance must be replaced and is taken entirely out of the business and a new vehicle is to be used as a replacement vehicle, then the permit officer may transfer the permit to the new vehicle for a fee of $10.00, as long as such replacement is deemed to comply with the provisions of this chapter.

(Ord. No. NS-300.513, § 2, 2-23-93)

ARTICLE 5.
FEES

Sec. A18-274. Permit fees.

A nonrefundable fee in the form prescribed by the permit officer shall accompany each and every application for an ambulance service permit. The fee for each ambulance service permit shall be established by resolution of the Board of Supervisors.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-275. Temporary permit.

(a) Amount: A nonrefundable fee in an amount established by resolution of the Board of Supervisors shall be required to be paid before the permit officer may issue a temporary ambulance service permit.

(b) Credit: If a regular ambulance service permit is issued to a temporary permit holder, the regular permit shall be deemed issued as of the date the temporary permit was issued and the permittee shall be entitled to a credit for the amount of the temporary permit fee paid.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-276. Reserved.

Sec. A18-277. Payment of fees.

The fees required by this chapter shall be paid to the permit officer at the time of application for a permit and shall be forwarded by the permit officer to the County Controller.

(Ord. No. NS-300.513, § 2, 2-23-93)

ARTICLE 6.
CONSUMER COMPLAINTS

Sec. A18-278. Procedure.

(a) Any complaint filed against any permittee shall be written on a form prescribed and provided by the EMS Agency.

(b) Any user of a permitted ambulance service contending that he/she received unsatisfactory service(s) may file a written complaint with the permit officer. Such written complaint shall set forth the allegations. The permit officer shall notify the particular ambulance service of the complaint and provide the ambulance service permittee with a copy of the consumer complaint. Complaints based on the amount of a fee charge shall not be investigated.

(c) The permit officer shall conduct an investigation of the allegation(s) in the written complaint to determine the validity of said allegation(s). If the allegation(s) are found to be valid, the permit officer shall take reasonable and proper actions to secure compliance with the provisions of this chapter and any established ambulance regulations.

(Ord. No. NS-300.513, § 2, 2-23-93)

ARTICLE 7.
ENFORCEMENT RESPONSIBILITIES

Sec. A18-279. Adoption of regulations.

The permit officer may, after public hearing, recommend the adoption of reasonable regulations concerning ambulance personnel, equipment, vehicles, communications, training, or any other matter which the permit officer determines necessary for the public health and safety regarding the operation of ambulances and to effectuate the provisions of this chapter. Notice of public hearing shall be given.

(a) Notice: The permit officer shall give notice of the time and place of the public hearing at least 14 days in advance by:

(1) Mailing notice to all persons requesting notice, to all persons holding an ambulance service permit(s); and

(2) Posting notice in the lobby of the County Administration Building.

The permit officer's recommendation shall be forwarded to the Board of Supervisors for review and final adoption of regulations.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-280. Investigations.

(a) Scope: Whenever in this chapter the permit officer is required to make, or cause to be made, such investigation as the permit officer deems necessary to determine if certain fact(s) or condition(s) exist, the permit officer may accept a written statement as evidence from any person (including but not limited to a County officer or employee of any law enforcement or fire protection agency acting within the course and scope of their official duties or employment) that such fact(s) or condition(s) do or do not exist.

(b) Time: Whenever in this chapter the permit officer is required to make, or cause to be made, an investigation with regard to an application for an ambulance service permit, the permit officer shall complete the investigation and either approve or deny the application, in whole or in part, within 90 days of the date of application.

(Ord. No. NS-300.513, § 2, 2-23-93)

ARTICLE 8.
SUSPENSION, REVOCATION AND/OR PROBATION

Sec. A18-281. Authority.

The permit officer may suspend, revoke, or place on probation an ambulance service permit holder for failure to comply with and maintain compliance with, or for violation of, any applicable provisions, standards or requirements of state or local law, or of any regulations promulgated hereunder. Suspension or probation is not a condition precedent to revocation.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-282. Procedure.

The permit officer shall follow, as closely as possible, all procedures outlined in Title 22, California Code of Regulations, Chapter 6, with respect to the suspension or revocation of a permit, or the placement of a permit holder on probation.

All references in Chapter 6 to Health and Safety Code § 1798.200 shall be deleted for purposes of this article.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-283. Substitution of terms.

For the purpose of adapting the procedures outlined in Title 22, California Code of Regulations, Chapter 6 for use in this chapter, the following substitution of terms is acknowledged:

(1) "Permit officer" shall replace all references to "medical director."

(2) "Permit" shall replace all references to "certificate," "certification," or "prehospital emergency medical care certificate."

(3) "Permit holder" shall replace all references to "certificate holder," "prehospital emergency medical care certificate holder," "individual" or "person."

(4) Reference to any level of EMT shall refer to the permit holder.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-284. Notification of action.

When a permit is suspended or revoked, the permit officer shall notify all public safety agencies, hospitals and other interested parties in the County of this fact, specifying the name(s) of the permittee(s), the ambulance service and the action taken.

(Ord. No. NS-300.513, § 2, 2-23-93)

Secs. A18-285--A18-288. Reserved.

ARTICLE 9.
PERSONNEL

Sec. A18-289. Ambulance service dispatchers and personnel.

(a) Each person providing ambulance services subject to permit under this chapter shall assign at least one person at all times to be responsible for receiving calls or inquiries for ambulance service and the dispatching of ambulances owned and/or operated by that person.

(b) Persons holding an ambulance permit, except those persons who have received a waiver from the permit officer by reason of their provision of services pursuant to written agreement with the County, shall provide such dispatch services on a 24-hour-per-day basis and shall adequately train the dispatcher(s) in radio operation and procedures, operational protocols, and County regulations, policies and procedures before said dispatcher begins dispatching calls.

(Ord. No. NS-300.513, § 2, 2-23-93)

ARTICLE 10.
MISCELLANEOUS PROVISIONS

Sec. A18-290. Dispatching ambulance availability.

(a) If a permittee has no ambulance immediately available to make a direct run to the address or place given, he/she shall immediately advise the requesting party of this fact.

(b) Upon receiving a call for ambulance service, the permittee shall promptly dispatch or schedule for dispatch at a time acceptable to the caller an ambulance to the address or place given; and the ambulance shall promptly, or at the time scheduled, start a direct run to that address or place and shall complete that run.

(c) Ambulance diverted: If an ambulance is dispatched to make a direct run to an address, place or location and is thereafter diverted for any reason, the permittee shall immediately notify the caller of this fact.

(d) Unauthorized response: No ambulance service permittee under this chapter shall cause or allow its ambulance(s) to respond to a location without receiving specific request for such service at that location.

(Ord. No. NS-300.513, § 2, 2-23-93; Ord. No. NS-300.741, § 3, 8-23-05)

Sec. A18-291. Availability of books and records of permittee.

Ambulance service permittees shall cooperate with the permit officer or his/her designees in any investigations of possible violations of this chapter and shall make any and all ambulance and other related records available for inspection and/or copying at reasonable times at the permittee's regular place of business.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-292. Advertising prohibited.

A business, service or individual who does not hold a current permit under this chapter may not advertise itself or himself as a provider of ambulance service in this County.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-293. Violations prohibited.

No person shall do anything forbidden by this chapter or regulations issued hereunder, nor do anything regulated thereunder in any way contrary to such regulation.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-294. Violations.

(a) Any person who violates Section A18-262 shall be guilty of an infraction, punishable by:

(1) A fine not exceeding $100.00 for a first violation.

(2) A fine not exceeding $200.00 for a second violation.

(3) A fine not exceeding $500.00 for each additional violation within one year.

(b) A "violation" is defined as each day or portion thereof that an ambulance operated without a valid permit.

(c) The County Executive or his/her designee is hereby authorized to institute and pursue, in the name of the County, pursuant to the provisions of Government Code § 25132, civil actions for the recovery of fines for violations of this chapter.

(Ord. No. NS-300.513, § 2, 2-23-93)

Sec. A18-295. Separability.

If any section, subsection, sentence, clause, phrase or portion of this chapter or the ambulance regulations are for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions hereof.

(Ord. No. NS-300.513, § 2, 2-23-93)

Secs. A18-296--A18-299. Reserved.

CHAPTER XVII.
DOMESTIC VIOLENCE COUNCIL*

------------

Editor's note--Section 1 of Ord. No. NS-300.475 added Ch. XVI to this division, which the editor has renumbered Ch. XVII since the division already contained a Ch. XVI.

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Sec. A18-300. Establishment and purpose.

There is hereby established a Domestic Violence Council, whose goal is to end domestic violence in Santa Clara County. The general purposes of the Council shall be to advise the Board of Supervisors on matters that help assure safety and restoration for victims of domestic violence, cessation of the violence, and accountability for batterers. To accomplish these purposes, the Council shall:

(a) Improve coordination among agencies, departments, the courts, and members of the community in matters of family violence and abuse.

(b) Promote effective prevention, intervention and treatment techniques, which will be developed based upon research and data collection.

(c) Improve the response to domestic violence and abuse so as to reduce incidents thereof.

(d) Educate the public about the need to end domestic violence.

(Ord. No. NS-300.475, § 1, 4-23-91; Ord. No. NS-300.535, § 1, 8-17-93; Ord. No. NS-300.579, 11-7-95; Ord. No. NS-300.790, § 1, 3-18-08)

Sec. A18-301. Membership.

The membership of the Council shall consist of 22 members by July 1, 2010 appointed by the Board of Supervisors. To facilitate the change in membership, the Council shall initially be composed of all commission members currently serving a term and the following nine vacant seats will be eliminated immediately: WATCH Program, Legal Aid, Criminal Defense Bar, State Legislature, one Faith Community seat, Public at Large, Elder Abuse, Commission on the Status of Women, and Research Specialization. Seats for Children's Issues and Immigrant Voices shall be added and, as the appointed terms of the four remaining Public at Large and the Family Law Bar seats expire or are vacated, the seats shall be eliminated until the Domestic Violence Council consists of 22 members. Members shall be representative of the following:

(a) Three representatives shall be from battered women's shelters.

(b) Two judges from the Santa Clara County Superior Court, consisting of one judge from the Family Court and one from the Criminal Court.

(c) A representative, at a policy-making level, from each of the following public safety and human services organizations or interest areas:

(1) Probation Department;

(2) Public Defender's Office;

(3) District Attorney's office;

(4) Pretrial Services;

(5) Sheriff's Office;

(6) Santa Clara County Police Chiefs' Association;

(7) San Jose Police Department;

(8) Social Services Agency;

(9) Batterer's Treatment Program;

(10) Former Victim of Domestic Violence;

(11) Santa Clara County or Silicon Valley Bar Association;

(12) Victim-Witness Assistance;

(13) Gay, Lesbian, Bisexual and Transgender Community;

(14) Medical Community;

(15) Faith Community;

(16) Children's Issues;

(17) Immigrant Voices.

(d) The term of office of each member shall be three years; provided, the members first appointed shall classify themselves by lot in accordance with Section 506 of the County Charter. No member shall be eligible to serve on the Council for more than three (3) consecutive terms in addition to any portion of any unexpired term that may be served.

(Ord. No. NS-300.475, § 1, 4-23-91; Ord. No. NS-300.506, § 1, 9-1-92; Ord. No. NS-300.510, § 1, 12-15-92; Ord. No. NS-300.607, § 7, 1-13-98; Ord. No. NS-300.620, § 1, 12-8-98; Ord. No. NS-300.790, § 2, 3-18-08)

Sec. A18-302. Secretary.

The Clerk of the Board of Supervisors shall be ex officio secretary of the Council and shall be responsible for providing secretarial assistance to the Council.

(Ord. No. NS-300.475, § 1, 4-23-91)

Sec. A18-303. Meetings.

The Council shall meet as provided in Section A6-3 of the Ordinance Code.

(Ord. No. NS-300.475, § 1, 4-23-91; Ord. No. NS-300.510, § 2, 12-15-92; Ord. No. NS-300.515, § 8, 5-18-93)

Sec. A18-304. Duties.

The following shall be the duties of the Council:

(a) Examine ways in which agencies, departments and the courts in Santa Clara County respond to domestic violence and abuse in order to improve that response.

(b) Improve the cooperation and coordination among all the participants in the justice system who deal with domestic violence and abuse.

(c) Make recommendations to the Board of Supervisors, agencies, departments, the courts and others regarding improving the response to domestic violence and abuse.

(d) Examine and review legislation that relates to domestic violence and abuse and recommend appropriate action to the Board of Supervisors' Legislative Committee.

(e) To encourage and promote public awareness and education regarding domestic violence and abuse through such means as conferences and other public meetings.

(f) Address local, state, and federal reports relating to domestic violence and abuse and recommend changes in policy and procedures as appropriate.

(g) Form task forces or sub-committees to assist in planning, policy, goal and priority recommendations, and such other functions as the Council deems necessary.

(h) To make studies in the area of domestic violence that, in the judgment of the Council, will aid in effectuating its general purposes.

(i) Respond to related matters referred to the Council by the Board of Supervisors.

(j) Subject to the approval of the County Executive, to take any action for the purpose of furthering the objectives in this article by requesting information, funding, services, facilities and other assistance from County departments.

(k) With the approval of the Board of Supervisors, participate in and undertake projects, meet the goals and objectives of such projects, and address all elements and fulfill all requirements of agencies funding such projects.

(Ord. No. NS-300.475, § 1, 4-23-91; Ord. No. NS-300.535, § 2, 8-17-93; Ord. No. NS-300.790, § 3, 3-18-08)

Sec. A18-305. Relationship to other boards and commissions.

The Council shall ensure that its activities do not conflict with those of other boards, commissions and councils in Santa Clara County. It shall endeavor to cooperate and coordinate with any other bodies with overlapping jurisdiction.

(Ord. No. NS-300.475, § 1, 4-23-91)

Cross reference(s)--Boards and commissions, Div. A6.

Sec. A18-306. Annual report.

The Council shall report to the Board of Supervisors through the Public Safety and Justice Committee on its progress each year as required and shall indicate what it proposes to accomplish for the following year. Should the Council conclude that there is no further work for the Council, it shall report to the Board and request that the Council be disbanded.

(Ord. No. NS-300.475, § 1, 4-23-91; Ord. No. NS-300.790, § 4, 3-18-08)

CHAPTER XVIII.
RESERVED*

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Editor's note--Ord. No. NS-300.632, § 4, adopted Feb. 15, 2000, repealed Art. XVIII, §§ A18-307--A18-313, which pertained to the Santa Clara County Commission on HIV and AIDS. See the Code Comparative Table.

------------

Secs. A18-307--A18-319. Reserved.

CHAPTER XIX.
HOMELESS HEALTHCARE ADVISORY BOARD*

------------

Editor's note--Ord. No. NS-300.737, § 1, adopted Feb. 8, 2005, amended Ch. XIX, in its entirety, to read as herein set out in §§ A18-320--A18-326. Prior to inclusion of said ordinance, Art. XIX pertained to the Community Health Center Board. See also the Code Comparative Table.

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Sec. A18-320. Establishment.

There is hereby established in Santa Clara County a commission which shall be known as the Homeless Healthcare Advisory Board ("HHAB"). The purpose of the HHAB is to advise the Board of Supervisors on matters related to the operation of those health care clinics operated by the County of Santa Clara ("County") which are designated as federally qualified health centers as defined by 42 U.S.C. 1395x(aa)(3) ("Santa Clara FQHCs").

(Ord. No. NS-300.737, § 1, 2-8-05)

Sec. A18-321. Membership.

The HHAB shall consist of 12 members appointed by the County Board of Supervisors. All members of the HHAB shall be residents of the County. Six of the members shall be individuals who are, or will be, served by the Santa Clara FQHCs ("user members"). In making these appointments, the Board of Supervisors will assure that the user members, as a group, are representative of the clinics' user population in terms of factors such as ethnicity, race, gender, age and economic status. At least two homeless or formerly homeless individuals shall be included among the user members. The other six members shall be individuals who possess expertise in community affairs, finance and banking, legal affairs, trade unions, and other commercial and industrial concerns, or social services agencies within the County and who have provided leadership in the community ("nonuser members"). No member of the HHAB shall be an employee or an immediate family member of an employee of the Santa Clara FQHCs. No more than two of the nonuser members may receive more than ten percent of their annual income from the health care industry.

(Ord. No. NS-300.737, § 1, 2-8-05)

Sec. A18-322. Terms.

(a) The membership of the HHAB shall initially include all members of the former Community Health Center Board. Those members shall serve for the remainder of their term of appointment to the Community Health Center Board.

(b) The term of each new HHAB member shall be four years. No member shall be eligible to serve on such Board for more than three consecutive terms in addition to any portion of any unexpired term which may have been served. A vacancy shall exist and shall be reported to the Board of Supervisors whenever a member fails to attend more than three consecutive regular meetings of the Board without good cause entered on the minutes of the Board; or when a member is unavailable or no longer able to participate for any reason. Any member of the HHAB may be removed at any time by three-fifths vote of the County Board of Supervisors. The Board of Supervisors shall, when replacing a removed user member, or one whose term has expired, appoint a member whose personal attributes assure that the user members as a whole are representative of the community and that the ratio of user members to nonuser members is maintained.

(Ord. No. NS-300.737, § 1, 2-8-05; Ord. No. NS-300.758, 12-12-06)

Sec. A18-323. Compensation and expenses.

Members of the HHAB shall serve without compensation. Travel and meal expenses shall be allowable in accordance with Division A31 of this Code; provided, no member of the HHAB shall be entitled to reimbursement for any meal eaten at any meeting of the HHAB.

(Ord. No. NS-300.737, § 1, 2-8-05)

Sec. A18-324. Meetings.

Meetings shall be held at least once every two months at a location in the County. The person or persons having direct administrative responsibility for the operation of the Santa Clara FQHCs shall attend all meetings of the HHAB.

(Ord. No. NS-300.737, § 1, 2-8-05)

Sec. A18-325. Duties.

The duties of the HHAB shall be as follows:

(1) Recommend policies identifying the services to be delivered at Santa Clara FQHC locations and the hours during which services are to be provided;

(2) Recommend, within appropriations available for such purposes, the budget for Santa Clara FQHCs operations, and recommend financial priorities and strategies for major resource utilization;

(3) Evaluate at least annually the effectiveness of the Santa Clara FQHCs in making services available and accessible to residents of the County. Such evaluation shall include, but not be limited to, utilization patterns, productivity, patient satisfaction, and achievement of program objectives;

(4) Recommend such other policies that may be necessary and proper for the efficient and effective operation of the clinics; and

(5) Submit quarterly reports to the Board of Supervisors on HHAB activities and recommendations.

(Ord. No. NS-300.737, § 1, 2-8-05)

Sec. A18-326. Conflicts of interest.

The HHAB will be subject to the conflict of interest rules applicable to the County Board of Supervisors and employees of the County.

(Ord. No. NS-300.737, § 1, 2-8-05)

Secs. A18-327--A18-329. Reserved.

CHAPTER XX.
SPECIAL HEALTH AUTHORITY

Sec. A18-330. Establishment.

Pursuant to Section 14087.38, there is hereby established a special health authority that shall be known as the Santa Clara County Health Authority ("Health Authority").

(Ord. No. NS-300.576, § 1, 8-1-95)

Sec. A18-331. Purposes of Health Authority.

The purposes of the Health Authority are to meet the problems of delivery of publicly assisted medical care in Santa Clara County, to demonstrate ways of promoting quality care and cost efficiency, and to further such other purposes as are contemplated by Section 14087.38 and as are set forth herein.

(Ord. No. NS-300.576, § 1, 8-1-95)

Sec. A18-332. Status and powers of Health Authority.

(a) The Health Authority shall be an entity separate from the County of Santa Clara ("County"). Obligations of the Health Authority shall be obligations solely of the Health Authority, and shall not, directly or indirectly, be obligations of the County or any officials, employees or agents of the County. The County (including all officials, employees and agents) shall not be liable for any act or omission of the Health Authority.

(b) The Health Authority shall have the power to negotiate and enter into contracts with the State Department of Health Services and to arrange for the provision of health care services for Medi-Cal beneficiaries as authorized by Section 14087.38.

(c) To the extent authorized by Section 14087.38, the Health Authority may also enter into contracts to arrange for the provision of health care services to individuals including, but not limited to, those covered under Subchapter XVIII (commencing with Section 1395) of Chapter 7 of Title 42 of the United States Code, those entitled to coverage under other publicly supported programs, those employed by public agencies or private businesses, and uninsured or indigent individuals.

(d) The Health Authority shall have all rights, powers, duties, privileges and immunities expressed, either directly or implicitly, in Section 14087.38.

(e) Chapter 1 of Division A6 of the Ordinance Code of the County, containing general rules and procedural requirements applicable to boards and commissions of the County, shall not apply to the Health Authority.

(Ord. No. NS-300.576, § 1, 8-1-95)

Sec. A18-333. Governing Board.

(a) Governance. Responsibility for governing and managing the affairs of the Health Authority shall be vested in a Governing Board ("Governing Board").

(b) Number. The Governing Board shall consist of 13 members ("Board members"), each of whom shall have a fiduciary duty to act in the best interest of the Health Authority.

(c) Qualifications. Board members shall be chosen for their willingness and ability to effectively contribute to and support the objectives of the Health Authority, shall have a commitment to a health care system that seeks to improve access to quality health care for persons served by the Health Authority, and shall have a commitment to maintaining and preserving a health care safety net for the medically indigent and uninsured populations of Santa Clara County. Board members shall either reside, be employed, or provide services in Santa Clara County, and shall be generally representative of the diverse backgrounds, interests and demography of persons residing in Santa Clara County.

(d) Appointments. All Board members shall be appointed by the County Board of Supervisors. Appointments shall be made upon a majority vote by the County Board of Supervisors, in accordance with the processes and procedures set forth below. Any processes otherwise utilized by the members of the County Board of Supervisors regarding rotation of appointments among their offices shall not apply to appointments to the Health Authority.

(e) Nominations. Nominations shall be made as follows:

(1) Two Board members shall be nominated by the County Board of Supervisors, and shall be members of the County Board of Supervisors.

(2) One Board member shall be nominated by the County Board of Supervisors, and shall be an executive of the Santa Clara Valley Health and Hospital System ("SCVHHS") who has been recommended to the County Board of Supervisors by SCVHHS.

(3) Two Board members shall be nominated by the Santa Clara County Medical Association, and shall be practicing physicians. At least one of these Board members shall have, as a part of his or her active medical practice, a substantial volume of Medi-Cal, medically indigent and/or uninsured patients. At least one of these Board members shall be a primary care physician.

(4) One Board member shall be a representative of private hospitals in Santa Clara County that have Medi-Cal disproportionate share status. This Board member shall be a director, officer or employee of a private disproportionate share hospital in Santa Clara County, which at the time of nomination is on the State of California disproportionate share list. The proposed representative shall be nominated by the Hospital Conference of Santa Clara County.

(5) Two Board members shall be nominated by the Consumer Affairs Committee of the Santa Clara Family Health Plan (SCFHP) and each shall be representatives of SCFHP enrollees.

(6) One Board member shall be nominated by the Committee Health Partnership, and shall be a representative of the community-based, non-profit clinics in Santa Clara County that are licensed under Health and Safety Code § 1204.

(7) One Board member shall be nominated by the SCFHP Provider Advisory Council and shall be a representative of allied health providers (i.e. non-physician and non-hospital providers) in Santa Clara County.

(8) One Board member shall be nominated by the County Board of Supervisors as an "at-large" Board member. This Board member shall have demonstrated business, professional or civic experience and shall be a resident of Santa Clara County.

(9) One Board member shall be nominated by the Medical Staff Executive Committee of the Santa Clara Valley Health and Hospital System and shall be a practicing physician at the Valley Medical Center.

(10) One Board member shall be nominated by the County Board of Supervisors and shall be a representative of Santa Clara County but shall not be an employee or administrator of the Valley Medical Center.

(f) Nomination and appointment process. The nominating entity for each position set forth above shall submit the name of its nominee to the Clerk of the County Board of Supervisors. Board members shall be appointed by the County Board of Supervisors from the nominations submitted. If the County Board of Supervisors chooses not to appoint any nominating entity's nominee, the particular nominating entity shall select successive alternate nominees, until the County Board of Supervisors has appointed an alternate nominee. The County Board of Supervisors may not deny appointment to any nominee (whether an initial nominee or an alternate nominee) without good cause. If any nominating entity fails to submit the name of its nominee to the Clerk of the County Board of Supervisors within 60 days after either: (i) the commencement of the term of office applicable to its nominee, or (ii) the effective date of any vacancy in the Governing Board created by its nominee ceasing to serve as a Board member, as applicable, then the County Board of Supervisors shall appoint an individual of its choosing who meets the requirements for serving as a Board member that apply to that unfilled position.

(g) Terms of office. The terms of the initial Board members shall be staggered as follows: (i) the two Board members who are members of the County Board of Supervisors and the Board member nominated by the private disproportionate share hospitals shall serve two years; (ii) the two Board members nominated by the Santa Clara County Medical Association, the Board member from SCVHHS and the "at-large" Board member shall serve three years; and (iii) the four remaining Board members shall serve four years. Subsequent terms for all Board members shall be three years. No initial Board member may serve more than five consecutive terms. No other Board member may serve more than four consecutive terms.

(h) Resignation, removal and vacancies.

(1) Any Board member may resign at any time by giving written notice of such resignation to the chairperson of the governing Board. Such resignation shall take effect at the time specified in the notice; provided, however, that if the resignation is not to be effective immediately upon receipt of the notice by the chairperson, the Governing Board must affirmatively vote to accept the effective date specified, and if the Governing Board does not approve such later date, the resignation shall be effective immediately.

(2) The Governing Board may recommend to the County Board of Supervisors, by an affirmative vote of no less than six Board members, that a Board member be removed. The reasons for removal may include: (i) repeated failure to attend meetings of the Governing Board or meetings of committees of which the Board member is a member (the standards for application of this provision shall be set forth in the bylaws of the Health Authority); (ii) failure to meet the qualifications as a Board member; (iii) conviction of a felony or any crime involving corruption; (iv) written request of the appropriate nominating entity to the Governing Board that the Board member be removed because the Board member no longer satisfies the criteria applied by the nominating entity in selecting that Board member as its nominee; and (v) such other reasons as set forth in the bylaws of the Health Authority. A Board member shall be given reasonable notice and an opportunity to respond before the Governing Board prior to any vote by the Governing Board regarding potential removal of that Board member.

(3) Upon receipt of the Governing Board's recommendation for removal of a Board member, the County Board of Supervisors shall promptly remove such Board member.

(4) Any vacancy in the Governing Board, however created, shall be filled by the County Board of Supervisors for the remainder of the unexpired term in accordance with, and in the same manner as, regular appointments. The appropriate nominating entity shall nominate a successor within 60 days after the effective date of the vacancy.

(i) Quorum. A majority of the Governing Board shall constitute a quorum to initiate the transaction of business at any regular or special meeting of the Governing Board. No act of the Governing Board shall be valid unless a majority of those Board members constituting a quorum concur therein.

(Ord. No. NS-300.576, § 1, 8-1-95; Ord. No. NS-300.634, § 1, 3-28-00; Ord. No. NS-300.738, § 1, 8-9-05)

Sec. A18-334. Advisory committees and subcommittees.

The Governing Board may establish such committees or subcommittees for any purpose that will be beneficial in accomplishing the work of the Health Authority. At a minimum two types of advisory committees shall be established: (1) one or more Provider Advisory Councils and (2) a Consumer Advisory Committee. The membership, duties and responsibilities of committees and subcommittees, including the Provider Advisory Council and the Consumer Advisory Committee, shall be delineated in the bylaws of the Health Authority.

(Ord. No. NS-300.576, § 1, 8-1-95; Ord. No. NS-300.634, § 2, 3-28-00)

Sec. A18-335. Public Health Officer.

In accordance with the Ordinance Code of the County and under state law, the Public Health Officer of the County may present or propose recommendations directly to the Governing Board.

(Ord. No. NS-300.576, § 1, 8-1-95)

Sec. A18-336. Bylaws.

(a) Procedures for the conduct of business not otherwise specified herein shall be contained in the bylaws of the Health Authority.

(b) The bylaws shall contain:

(1) A provision recognizing that the obligations, acts, omissions or liabilities of the Health Authority are not obligations of the County or any officials, employees or agents of the County;

(2) A provision requiring that each and every contract, indenture, mortgage, loan or credit document, lease, or other instrument or obligation of the Health Authority shall contain a statement to the effect that the Health Authority is a separate legal entity from the County, that the County, and its officials, employees and agents, are not responsible for the obligations of the Health Authority, and that (except if the County is a direct party to the particular document or instrument) the parties to the particular document or instrument do not intend to, and do not have the power to, confer on any person or entity any rights or remedies against the County or any officials, employees or agents of the County.

(3) A provision requiring the Governing Board to prepare and deliver to the County Board of Supervisors an annual written report describing the activities of the Health Authority during the preceding year, and outlining, in general terms, the anticipated nature of the Health Authority's activities for the forthcoming year.

(c) The bylaws shall contain a provision requiring the Health Authority, in connection with the conduct of its business and the discharge of its responsibilities, to comply fully with the concepts and philosophy of the Medi-Cal Two-Plan Model for Managed Care ("Two-Plan Model"). In that regard, in conducting its business and discharging its responsibilities, the Health Authority shall meet the standards set forth in this subsection and such standards shall be set forth in the bylaws.

(1) In negotiating and renegotiating contracts, the Health Authority shall give preference to providers in the following categories, which preference shall be weighted based on (i) the number of categories a provider is within, and (ii) the factors referred to in each category:

(A) Disproportionate share hospitals. For this category, substantial preference shall be given to those hospitals that have regularly and repeatedly qualified for this status under the Medi-Cal program. Further, preference shall increase based on the levels of disproportionality of each hospital, with the most preference given to those that have the highest levels of disproportionality. These factors shall be applied in a fashion to ensure that the disproportionate share hospitals have sufficient participation so as to ensure the receipt of all available federal funding for the geographic area of Santa Clara County;

(B) Safety net providers. For this category, preference shall be given to federally qualified health centers and any other providers recognized as safety net providers by the general policies of the Two-Plan Model.

(C) Traditional Medi-Cal providers. For this category, preference shall be given to community-based clinics and private providers with a history of serving a substantial proportion of Medi-Cal and uninsured patients.

(D) Providers that are responsible for providing health care to the medically indigent and uninsured. For this category, substantial preference shall be given to those providers that have regularly and repeatedly provided the highest levels or ratios of care to the medically indigent and uninsured. This shall be done in a fashion to preserve the health care safety net, including public health services, as envisioned by the Two-Plan Model.

(2) In establishing and maintaining the provider network, the Health Authority shall foster and maintain the clinical relationships between Medi-Cal, medically indigent and uninsured patients and their health care providers;

(3) In establishing and maintaining the provider network, the Health Authority shall recognize and accommodate cultural and linguistic diversity of Medi-Cal, medically indigent and uninsured patients; and

(4) In establishing and maintaining the provider network, the Health Authority shall recognize, accommodate and support those special programs and activities of providers that have been regularly and repeatedly successful in addressing the medical and social needs of Medi-Cal, medically indigent and uninsured individuals.

(d) The Governing Board shall appoint a three-member Bylaws Committee, all of whom shall be Board members. One member shall be a Board member who was nominated by the County Board of Supervisors. The initial bylaws, and any modifications to the bylaws, must be approved by a majority vote of the Bylaws Committee, and by the affirmative vote of no less than a majority of Board members.

(Ord. No. NS-300.576, § 1, 8-1-95; Ord. No. NS-300.634, § 3, 3-28-00)

Sec. A18-337. Termination.

The Health Authority shall continue until the County Board of Supervisors takes action to terminate the Health Authority. Any termination shall comply with applicable provisions of Section 14087.38.

(Ord. No. NS-300.576, § 1, 8-1-95)

CHAPTER XXI.
RESERVED

CHAPTER XXII.
RESERVED*

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Editor's note--Ord. No. NS-300.795, adopted October 14, 2008, repealed Ch. XXII, which pertained to menu labeling at chain restaurants. See also the Code Comparative Table.

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Secs. A18-351--A18-366. Reserved.

DIVISION A18 APPENDIX
RESERVED*

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Editor's note--Ord. No. NS-300.649, § 2, adopted April 24, 2001, repealed Div. A18, Appendix, which pertained to general assistance policies. See the Code Comparative Table.

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