Title
Health and Human Services Agency (HHSA) recommending the Board adopt and authorize the Chair to sign Resolution 152-2026, which supersedes and replaces Resolution 017-2010, authorizing the HHSA Director or Chief Assistant Director to execute instruments of release for General Assistance liens.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
California Welfare and Institutions Code (WIC) Section 17000 requires every county to relieve and support all incompetent, poor, indigent persons, and those incapacitated by age, disease, or accident, lawfully resident therein, when such persons are not supported and relieved by their relatives or friends, by their own means, or by state hospitals or other state or private institutions. This support is known as the GA Program and is administered by HHSA. GA recipients are required to reimburse the County in full for any and all monies, food, clothing, and other relief, maintenance, care, property and services granted by the County. The County files a lien against the recipient upon granting GA and a Release of Lien must be processed once the recipient has fully reimbursed the County.
WIC Section 17408 requires the releases, reconveyances, and subordinations be authorized by a resolution of the board of supervisors, and the instruments of release, reconveyance, or subordination must be executed by an officer of the county, designated by the board of supervisors, in the name of the county and the State of California. Any release, reconveyance, or subordination authorized by the board of supervisors and executed by the designated county officer shall conclusively bind the county and the state in favor of any bona fide purchaser or encumbrancer for value.
On February 23, 2010, under Resolution 017-2010, the Board authorized the Director of the Department of Human Services as the County officer with the authority to execute instruments of release in accordance with WIC 17408 (Legistar file: 10-0088). On November 1, 2011, the Board approved the reorganization of the Health Services Department and the Human Services Department into a single Health and Human Services Agency (HHSA), thereby eliminating the Department of Health Services and Department of Human Services, along with their respective director positions (Legistar file: 11-1024).
The authority to execute instruments of release, previously granted to the Director of Department of Human Services was not requested for the Director of the HHSA after the creation of an integrated HHSA. Consequently, HHSA has worked with County Counsel to create a new Resolution which updates the titles of staff authorized by the Board to sign instruments of release for GA liens. The resolution authorizes the release of said liens upon full repayment of GA and designates the HHSA Director or Chief Assistant Director as the County officers with the authority to execute instruments of release on behalf of the County. The delegation of signature authority covers only releases upon full repayment of GA aid. The Board retains authority over reconveyances and subordinations, as well as any actions for less than full repayment of General Assistance aid and for actions related to other types of assistance.
Upon execution, this Resolution hereby supersedes and replaces Resolution 017-2010 in its entirety.
ALTERNATIVES
If the Board declines to approve this recommendation, HHSA has no means to execute instruments of release in accordance with WIC Section 17408.
PRIOR BOARD ACTION
02/23/2010 Legistar file 10-0088, DHS Release of Lien Resolution
11/01/2011 Legistar file 11-1024, CAO Creation of HHSA, Resolution 181-2011
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no financial impact to appropriations associated with this agenda item
CLERK OF THE BOARD FOLLOW UP ACTIONS
Clerk of the Board to obtain signature of Chair on the Resolution.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Olivia Byron-Cooper, MPH, Director, Health and Human Services Agency