C.L. "Butch"
Otter
Governor
Lawerence
Denney
Secretary of
State
Lawrence
Wasden
Attorney
General
Brandon D
D Woolf
State
Controller,
Secretary
SCO > Board of Examiners > Subcommittee Minutes
STATE BOARD OF EXAMINERS
MINUTES – Subcommittee Meeting
December 9, 2008 – 1:30 p.m.
Joe R. Williams Building, 5th Floor Conference Room A

The regular meeting of the Subcommittee to the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 1:30 p.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following members were present: Wayne Hammon, Division of Financial Management; Chuck Goodenough, Deputy Secretary of State; Steve Olsen, Deputy Attorney General, and Deborah Wonch, Office of the State Controller, as assisting secretary to the subcommittee.


Also present by invitation were; Mary Halverson, Bureau of Homeland Security; Sue Hill, Department of Health and Welfare; David Fulkerson, Division of Financial Management; David Hawkes, Division of Vocational Rehabilitation; Gina Huntsinger, Division of Vocational Rehabilitation; Jessica Lorello, Attorney General’s Office Criminal Law Division; Steven Snow, Council for the Deaf and Heard of Hearing; LaVona Andrew, Council for Deaf and Hard of Hearing; Scott Christie, Office of the State Board of Education; Brandon Woolf, Office of the State Controller; and Jennifer Bonilla, Office of the State Controller.


CONSENT AGENDA
1. Minutes
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on November 12, 2008.

Resolution: Mr. Hammon moved to approve item 1. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.


REGULAR AGENDA

2. Department of Administration
Request for recognition of assignment pursuant to Idaho Code §67-1027 from Langly Kimco Nampa, LLC to TMV Centercal, LLC.

Resolution: Mr. Hammon moved to item 2 and place it on the consent agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.


3. Bureau of Homeland Security, Division of Military
ID #
Description
Amount
Comments
Date to Board
2008-00289
Drug Lab
$1,424.26
Meth lab in private house
12/1/2008
2008-00307
Drug Lab
$1,306.71
Meth lab in motel room
12/1/2008
TOTAL
$2,730.97

Discussion: Mr. Hammon requested the Bureau of Homeland Security present a report on collections to the full board on the regular agenda.

Resolution: Mr. Hammon moved to approve item 3 and place it on the consent agenda, and for Colonel Shawver to update the full board on collections and place it on the regular agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.

4. Division of Financial Management
Request to consider a reduction to the State Travel Policy current mileage reimbursement rate from 58.5 cents to 45.5 cents effective January 1, 2009.

Discussion: Mr. Olsen asked if in the past the amount allowed for reimbursement was increased to be consistent with the allowable tax deduction.

Mr. Fulkerson responded that they have done so twice in the past.

Mr. Hammon explained that if the State rate is lower than the federal rate, then tax provisions in code allow that if employees are reimbursed at the lower rate, then the employee can claim the difference as a business expense.

Resolution: Mr. Hammon deferred since the request was from his office. Mr. Goodenough moved to approve item 4 and place it on the consent agenda. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.


5. Office of the Attorney General
Request for approval of the payment of costs in the Kathleen Elliot matter.

Discussion: Mr. Olsen pointed out that he submitted the information for this matter but was not directly involved.

Ms. Lorello gave a brief explanation of the history behind item 5. The attorney in the matter was held in contempt of court and the Idaho Supreme Court found the order was ambiguous and could not be found willfully in contempt of the court order. Under the contempt rule the statute would provide for attorneys fees for the prevailing party. There has been discussion on whether the Supreme Court or the State would pay the amount.

Mr. Olsen clarified that after research the decision was reached that the State would pay the amount.

Mr. Hammon asked why the obligation did not lay with the Court.

Mr. Olsen explained that it was statutorily driven. He offered to prepare a memo that would include the statute explaining the decision.

Resolution: Mr. Hammon moved to approve item 5 and place it on the regular agenda requesting a memo be included with the statute showing why the State is responsible for payment. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.


6. Department of Health and Welfare
Request for approval of two performance bonuses in FY2008 for Cindy Schreiner with the Council for the Deaf and Hard of Hearing.

Discussion: Mr. Hammon stated the questions the Governor had when this item appeared on the November agenda. The first question asked was if the bonuses occurred during the same period of time.

Mr. Snow responded with some background on the matter. In July 2007, the Director stepped down and the board asked Ms. Schreiner to change her role from administrative assistant to acting director until someone was hired. Mr. Snow was hired in January 2008 and Ms. Schreiner assisted greatly during that time. Mr. Snow researched bonuses and how to grant one to Ms. Schreiner. Mr. Snow checked Ms. Schreiner’s history and found the last bonus she had received was from October 2005. Mr. Snow then awarded Ms. Schreiner with a $1,600.00 (Sixteen hundred dollars and no cents) bonus. Afterward, Mr. Snow learned the Board had given Ms. Schreiner a $2,000.00 (Two thousand dollars and no cents) bonus, which was not documented, before Mr. Snow had been hired.

Mr. Hammon agreed that Mr. Snow did everything appropriate and it was an oversight. Mr. Hammon then asked if the first bonus given was for being acting director or if it was for work done for Mr. Snow after he was hired.

Mr. Snow responded that the $1,600.00 was from January on, not during the same time period.

Mr. Hammon stated the $2,000.00 was given by the Board for Ms. Schreiner’s work as acting director and the $1,600.00 was given by Mr. Snow for her work with him and they were from two time periods.

Mr. Woolf reported the first bonus was given on November 18th and the second bonus was given on June 1st.

Resolution: Mr. Hammon moved to approve item 6 and place it on the regular agenda. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.


7. Division of Vocational Rehabilitation
Request an exemption of $62,546 of state funds resulting in a holdback of 1.49 percent for IDVR.

Discussion: Ms. Huntsinger explained that the Division Director is out of town until tomorrow. She will speak with him about whether or not they will continue to pursue their request for an exemption.

Resolution: Mr. Hammon moved to approve Item 7 and place it on the regular agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.


INFORMATIONAL AGENDA

8. Office of the Attorney General
a. Notification that Howard R. Foley with the firm of Foley Freeman, PLLC, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho, Department of Finance in matters involving securities sales and the Chapter 11 bankruptcy filed by DBSI Group of Companies, and to represent the state in any litigation commenced in connection with these matters.

b. Notification that Larry C. Hunter of the firm of Moffatt, Thomas, Barrett, Rock & Fields has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho, State Board of Accountancy, in the case of Duncan v. State Board of Accountancy.

c. Notification that Richard A. Hearn of the firm of Racine, Olson, Nye, Budge & Bailey, Chtd., has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho in the case of Blanc v. Pocatello Women’s Correctional Center.

d. Notification that Lawrence E. Kirkendall, Attorney at Law, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho in the matter of Mary Simpson.

e. Notification that Craig Trueblood of the firm of K&L Gates, LLP, in Seattle, Washington, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho in the matter of “Airport 7” Property/Idaho Department of Lands.

f. Notification that Mary V. York and Murray Feldman of the firm of Holland & Hart, LLP, have been appointed pursuant to Idaho Code §67-1409 as special deputy attorneys general for the purpose of representing the State of Idaho in the matter of Ralph Sletager, Waterfront Property Management, LLC and R&S Properties Limited Partnership/Idaho Transportation Department/Sandpoint North and South Project.


9. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of October, 2008.
      Estimated expenditure for workers compensation claim costs, dividends and premium refunds
$18,000,000.00
    Funds Expended in October, 2008
    Workers Compensation Claim Costs
$10,214,326.88
    Dividend
0
    Commissions
0
    Policy Refunds
405,223.75
    Total
$10,619,550.63

Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of October, 2008.
      Estimated expenditure for Petroleum Clean Water Trust Fund
$750,000.00
    Funds Expended in October, 2008:
    Payroll
75,960.30
    Operations
8,897.20
    Claim Costs
25,717.82
    Total
$110,575.32

      A meeting agenda will be available at the Idaho State Controller’s Office, 700 West State Street, Boise, Idaho, two (2) working days before the meeting.

      If you have questions or would like to arrange auxiliary aides or services for persons with disabilities, please contact the Idaho State Controller’s Office at (208) 334-3100. Accommodations for auxiliary aides or services must be made no less than five (5) working days in advance of the meeting.

      The CONSENT AGENDA addresses routine items the board may approve without discussion.

      The REGULAR AGENDA addresses policy and program items the board may wish to discuss prior to making a decision.

      The INFORMATION AGENDA provides information only.

      The agendas are subject to change and the Board may move an item from one agenda to another.

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