The term for the office of the Yolo County Public Guardian-Public Administrator concludes in January of 2019. With the Board of Supervisor's interest in possible consolidation of the Public Guardian-Administrator office with other existing departments, Cass Sylvia has decided to retire. It will take at least six months to transition the many aspects of the department, thus she is planning her retirement for the end of December 2016. CAO staff has analyzed different organizational structures used throughout California and the associated pros and cons. This report summarizes this research. Currently, Yolo County operates with a combined Public Guardian and Public Administrator position that is duly elected by the public and stands alone as its own department. The department is serving approximately 190 clients on public conservatorship, averaging this amount in FY 2015-16. The management of these vulnerable clients is done by Cass Sylvia and her three full time staff.
County Models
Among California counties there are three main organizational models for structuring the Public Guardian and Public Administrator positions:
Model 1: Stand-Alone Public Guardian/Administrator (Status Quo)-This model reflects the current structure in Yolo County of a combined Public Guardian and Public Administrator position that stands alone as its own department (either elected or appointed). About 10% of California counties have this structure, making it the less common of the three models. Additionally, only the counties of Inyo and Imperial, as well as Yolo County, retain this office as a stand-alone elected position.
Pros and Cons: This model is beneficial in the relative independence it provides in the administration of the duties of the department. If combined under a larger department, a policy would have to be developed to ensure against any potential conflicts of interest (see Model 2). However, this independence also means a lost opportunity to obtain the service alignment and increased resources, support staff, and internal controls that come through consolidation with a larger department.
Model 2: Separated Positions Consolidated into Other Departments-This model commonly consists of separating the two positions by placing the Public Guardian with a larger health department or agency such as Health and Human Services and consolidating the Public Administrator with another elective office (ex. Sheriff or District Attorney). This is the most popular model among California counties at approximately 55%.
Pros and Cons: Consolidation with larger departments in this model brings greater alignment of services as well as increased resources, support staff, and internal controls. If such a change is deemed to be in the public interest, it would require an ordinance that separates the Public Guardian and Administrator positions and reconsolidates them accordingly.
Additionally, in order to consolidate the Public Guardian position with a health department or agency, an agreement/protocol must be developed as described in California Welfare and Institutions Code §5371.The policy helps alleviate any potential conflict between Public Guardian staff making decisions on conservatorships and agency staff directing payment. Specifically, it keeps staff separate under the health agency, specifies the responsibilities of each person who is a party to the agreement/protocol, and specifies a procedure to resolve disputes or conflicts of interest. The department director then serves as final arbitrator.
Model 3: Combined Public Guardian/Administrator under Health and Human Services - In this model the Public Guardian and Public Administrator positions are combined but held under a Health and Human Services department or agency rather than being a stand-alone department. About 28% of California counties utilize this model. Additionally, the Public Guardian/Administrator is not an elected position under this model since it is consolidated into a department that does not have an elected official.
Pros and Cons: Similar to Model 2, this model provides the benefits associated with consolidation with a larger department (greater alignment of services; increased resources, support staff and internal controls). However, it also requires development of a policy to protect against any conflicts of interest when consolidating the Public Guardian with a health department or agency.
Additionally, in Yolo County the Public Administrator must be an elected position or consolidated with an existing elected official. Some counties in California are exempt from this under California Government Code §24011, thus allowing them to appoint the Public Administrator and establish an organizational structure as depicted in Model 3. However, Yolo County is currently not one of them. For Yolo County to adopt Model 3 it would require a legislative code change (under Government Code §24011) or a ballot measure (in accordance with Government Code §24009) so that the County may appoint rather than elect the Public Administrator position. This then allows for consolidation of the Public Administrator under the Health and Human Services Agency (HHSA), rather than with an elected official.
Recommendation
Out of the three organizational models for the Public Guardian and Public Administrator roles, it is the recommendation of the County Administrator’s Office that the Board direct staff to develop a future organizational structure consistent with Model 2 for future Board consideration. Specifically, a collaborative planning group would be formed to develop a transition plan for consolidation of the Public Guardian with the Health and Human Services Agency (HSSA) and the Public Administrator with the office of the Sheriff-Coroner. The transition plan developed by the group would then be brought back for Board consideration and approval. This recommendation would not involve the elimination of any current positions staffed under the existing Public Guardian-Public Administrator department.
It is anticipated that consolidation of these two positions under larger departments, as depicted in Model 2, will provide a greater alignment of services as well as increased resources, support staff and internal controls. In addition to administering estates as conservators, the Public Guardian also serves in Yolo County as a conservator of persons. These duties complement many of HHSA’s aging adult and mental health services and would allow for greater collaborative and wrap around service provisions. Additionally, the Public Administrator, whose duties involve managing estates of the deceased, would benefit from the greater resources at the Sheriff’s Office and stronger alignment with the Coroner.
Lastly, with the retirement of the current Public Guardian/Administrator occurring in December 2016, Model 2 allows this change to occur more quickly, without a legislative code change or ballot measure, thus allowing the current position holder to aid in the transition.
Next Steps
If the Board approves the recommendation of the County Administrator’s Office to explore Model 2, the next step would involve the formation of a collaborative planning group to include the Yolo Public Guardian-Public Administrator. This group would be tasked with developing a Yolo specific organizational model and transition plan for the Public Guardian and Public Administrator roles in the County in line with Model 2. The model and plan developed by the group would then be brought to the Board for final approval. |