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 > Board of Examiners Minutes
MINUTES
STATE BOARD OF EXAMINERS
February 12, 2002 – 12:50 p.m.
JRW East Conference Room

Members Attending:
      Governor Dirk Kempthorne, Chairman of the Board
      Secretary of State Pete Cenarrusa
      Attorney General Al Lance
      Chief Deputy State Controller Keith Johnson, representing J. D. Williams, State Controller and Secretary of the Board

Sub-Committee Members Attending:
      Brian Whitlock, Office of Governor
      Ben Ysursa, Office of Secretary of State
      David High, Office of Attorney General
      Keith Johnson, Office of State Controller


CONSENT AGENDA

1. Approval of minutes for December 11, 2001 State Board of Examiners Meeting.
    2. BOISE STATE UNIVERSITY
      Request for authorization to reimburse moving expenses for the following positions:

    Up to Amount
          Manager, STD App Systems Applications Develop, Services $6,000
          Assistant Football Coach Athletics $9,950


    3. DEPARTMENT OF AGRICULTURE
      Request for authorization for deficiency warrant spending authority for the following items, with spending authority to carry forward from Fiscal Year 2002 to 2003:
          Grasshopper/Mormon Cricket Control Program $150,000
          Survey Programs for Pests and Diseases $ 70,000
                                    Total 220,000

    DEPARTMENT OF FISH AND GAME

    4. Request for authorization to write off $421.25 for BG’s Alpine Mercantile vendor #6009. Information they have gathered indicates that the owner has passed away.


    5. Request for authorization to write off $6,284.36 for Mini Con Market #2536. The vendor claimed bankruptcy and this agreement was arranged through the Ada County Prosecutor.


    6. Request for authorization to write off $3,091.50 for Red Barn Supply Vendor #3692. The vendor has passed away and a settlement agreement was made with the vendor’s attorneys.


    7. Request for authorization to write off $239.00 for NICS Sport’s Area #1621. Multiple attempts to contact or locate the owner have been unsuccessful.


    8. Request for authorization to pay Tom Abel, Data Base Administrator, 80 hours compensatory time accrued through October 10, 2001 in the analysis, design, coordination and development of the Database for the department’s internal business systems, as well as changes to license sales systems and contractors.

      IDAHO STATE POLICE

    9. Request for authorization to pay Lieutenant Eric Dayley 28.5 hours compensatory time accrued during the WGA meeting in Coeur d’Alene. His name was inadvertently left off the initial request.


    10. Request for authorization to pay any overtime accrued as a result of work performed at crime scenes, on clandestine lab call-outs and for cases handled on a rush basis for the courts for the following employees. Funding for these exigencies is provided by a federal grant, which runs through June 30, 2002.
            Mr. Rick Groff, Lab Management Manager
            Ms. Cynthia Hall, Forensic DNA Scientist


    11. Request for authorization to lift the vacation cap for ISP Detective Sergeant Ron Farnsworth until June 30, 2003. During this year he has been required to both supervise the executive protection detail and to provide EP as well, which has involved extensive travel. In 2002 he will be deeply involved in the planning and preparation of the National Governors’ Association Conference.
        Request for authorization to issue deficiency warrants for reimbursement of response costs incurred, pursuant to Idaho Code 39-7110.
      Bureau of Hazardous Materials Report for December 2001 & January 2002
      ID #
      Description
      Amount
      Comments
      E-Mailed
      Taken
      21. 2001-1862
      Chemical Spill
      $ 3,698.05
      this equals one-half the cost of responding to this incident
      12/17/2001
      12/21/2001
      22. 2001-3770
      Fuel Oil Spill
      $ 430.34
      Spiller is paying $25/mo
      12/20/2001
      12/21/2001
      23. 2001-3948
      Biological Threat
      $ 2,440.50
      Envelope
      12/17/2001
      12/21/2001
      24. 2001-3956
      Biological Threat
      $ 1,734.31
      Envelope
      12/17/2001
      12/21/2001
      25. 2001-4002
      Biological Threat
      $ 2,313.18
      Envelope
      12/17/2001
      12/21/2001
      26. 2001-4031
      Biological Threat
      $ 195.19
      Envelope
      12/20/2001
      12/21/2001
      27. 2001-4034
      Biological Threat
      $ 217.13
      Envelope
      12/20/2001
      12/21/2001
      28. 2001-4046
      Drug Lab
      $ 1,649.05
      No chemicals found
      12/21/2001
      12/21/2001
      29. 2001-4059
      Biological Threat
      $ 338.56
      Envelope
      12/20/2001
      12/21/2001
      30. 2001-4136
      Biological Threat
      $ 307.71
      Envelope
      12/20/2001
      12/21/2001
      31. 2001-4163
      Biological Threat
      $ 1,082.89
      Powder on pallet
      1/2/2002
      1/18/2002
      32. 2001-4198
      Biological Threat
      $ 561.25
      Envelope
      1/2/2002
      1/18/2002
      33. 2001-4350
      Biological Threat
      $ 292.88
      Powder on cars in lot
      1/9/2002
      1/18/2002
      34. 2001-4377
      Unknown substance
      $ 525.13
      substance on road at reststop
      1/9/2002
      1/18/2002
      35. 2001-4386
      Biological Threat
      $ 989.20
      Package
      1/9/2002
      1/18/2002
      36. 2001-4408
      Biological Threat
      $ 76.23
      Envelope at state capital
      1/9/2002
      1/18/2002
      37. 2001-4410
      Biological Threat
      $ 162.92
      Powder on table, hall of mirrors
      1/9/2002
      1/18/2002
      38. 2001-4413
      Biological Threat
      $ 75.80
      Pkg at dropoff station
      1/9/2002
      1/18/2002
      39. 2001-4422
      Drug Lab
      $ 1,315.39
      1/9/2002
      1/18/2002
      40. 2001-4423
      Biological Threat
      $ 59.71
      Letters & packages
      1/9/2002
      1/18/2002
      41. 2001-4428
      Chemical Spill
      $ 401.72
      Muratic Acid on bridge
      1/17/2002
      1/18/2002
      42. 2001-4448
      Biological Threat
      $ 141.06
      Envelope
      1/17/2002
      1/18/2002
      43. 2001-4496
      Biological Threat
      $ 203.37
      Powder
      1/17/2002
      1/18/2002
      44. 2001-4499
      Biological Threat
      $ 87.08
      Letter
      1/17/2002
      1/18/2002
      45. 2001-4548
      Biological Threat
      $ 76.70
      Letter
      1/17/2002
      1/18/2002
      46. 2001-4774
      Drug Lab
      $ 1,437.96
      Abandoned lab
      1/17/2002
      1/18/2002
      47. 2001-3832
      fuel spill
      $ 628.07
      overturned loader
      1/17/2002
      1/18/2002
      48. 2001-4679
      Biological Threat
      $ 850.00
      Child Care Services
      1/18/2002
      1/23/2002
      49. 2001-4751
      Biological Threat
      $ 1,135.00
      CDA Post Office
      1/18/2002
      1/23/2002
      50. 2001-4570
      Biological Threat
      $ 36.02
      drop box
      1/22/2002
      1/23/2002
      51. 2001-4585
      Biological Threat
      $ 118.56
      Letter
      1/22/2002
      1/23/2002
      52. 2001-4597
      Biological Threat
      $ 76.92
      Envelope
      1/22/2002
      1/23/2002
      53. 2001-4683
      Biological Threat
      $ 48.02
      Letter
      1/22/2002
      1/23/2002
      54. 2001-4675
      Biological Threat
      $ 92.99
      Powder
      1/22/2002
      1/23/2002
      55. 2001-4695
      Biological Threat
      $ 50.31
      Packages
      1/23/2002
      1/23/2002
      56. 2001-4718
      Biological Threat
      $ 38.02
      Envelopes
      1/23/2002
      1/23/2002
      57. 2001-4862
      Biological Threat
      $ 166.66
      Package
      1/23/2002
      1/23/2002
      58. 2001-4663
      Biological Threat
      $ 749.15
      envelope
      1/25/2002
      1/25/2002
      59. 2001-4038
      Chemical fire
      $ 5,467.80
      warehouse fire involving chemicals
      1/28/2002
      2/6/2002
      60. 2001-4583
      Drug Lab
      $ 400.27
      Typical Lab
      1/31/2002
      2/6/2002
      61. 2001-4500
      Toxic Chemicals
      $ 603.03
      chemicals in trash can
      1/31/2002
      2/6/2002
      62. 2001-4381
      Unknown substance
      $ 986.22
      On HWY 91 & MP 63
      1/31/2002
      2/6/2002
      63. 2001-4185
      Drug Lab
      $ 1,093.88
      Typical Lab
      1/31/2002
      2/6/2002
      Totals
      $ 33,354.23

      55. LEWIS CLARK STATE COLLEGE
        Request for a waiver from the Surplus Property Disposal Guidelines to dispose of a large number of manuals by advertising over the internet, via e-bay instead of hiring an auctioneer or advertising in a local newspaper. LCSC will monitor their progress and report back to the Sub-Committee. The results and comments may assist with proposed legislation in the future.

      56. MILITARY DIVISION
        Request for approval of National Guard Reimbursement billing for Compensation and Medical payments in the amount of $4,839.51 for the period October 1 through December 31, 2001, pursuant to Idaho Code 72-928.


      57. ADA COUNTY SHERIFF
        Request for reimbursement of costs incurrent in the transport of ISCI prisoners by the Ada County Sheriff upon a Judgment of Conviction or a return on a Board Warrant for calendar year 2001 in the amount of $4,993.71. Legislative Services Offices has audited this claim, found one exception in the amount of $6.91, and recommend payment in the amount of $5,000.62.



      58. ADA COUNTY PROSECUTOR
        Request for reimbursement of closed cases handled by the Ada County Prosecutor dealing with the prosecution of State Penitentiary inmates through December 31, 2001 in the amount of $15,579.67. Legislative Services Office has audited this claim, found two exceptions of $581.25 fee adjustment and $45.00 credit for court cost adjustment, and recommend payment in the amount of $16,115.92.

        OFFICE OF ATTORNEY GENERAL

      59. Notification that Bentley G. Stromberg of the firm of Clements, Brown & McNichols has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in the Division of Veterans Services matter, pursuant to Idaho Code §67-1409.

      60. Notification that Daniel J. Greenwood of MIT School of Architecture and Planning has been appointed as a special deputy attorney general for the purpose of providing the State of Idaho legal and technical advice related to the state’s efforts to develop identify authentication techniques for web-based computer applications, pursuant to Idaho Code §67-1409.

      61. Notification that Steven J. Tobiason of the firm of Anderson, Kane & Tobiason has been appointed as a special deputy attorney general for the purpose of representing the Idaho Office of Attorney General as its Legislative Liaison to the 2002 Idaho Legislature, pursuant to Idaho Code §67-1409.

      62. Notification that Jed W. Manwaring of the firm of Evans Keane has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in the Primary Health Network, Inc. v. State of Idaho, et al., Idaho Supreme Court Docket No. 27406; State File No. L98-0914-001, pursuant to Idaho Code §67-1409.

      63. Notification that Jack H. Robison of the firm of Jones, Chtd., has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in the Hagy v. State of Idaho, et al., Supreme Court Case No. 27015, pursuant to Idaho Code §67-1409.


      64. Notification that Wynn R. Mosman of Mosman Law Offices has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in the following State Insurance Fund cases, pursuant to Idaho Code §67-1409.
                David Crandall SIF Claim No. 980016809
                Stan Groseclose SIF Claim No. 9502884
                Raymond Hendershot SIF Claim No. 9301082
                Katie James SIF Claim No. 9617205
                Katie James SIF Claim No. 970008302
                Charlotte Schamadeka SIF Claim No. 9602757
                Rick Stieger SIF Claim No. 970016412
                John Strugul SIF Claim No. 990002414

      Governor: We will call upon Keith Johnson, on behalf of J. D. Williams, to give us a report.

      Keith Johnson: Thank you. Mr. Chairman, Mr. Attorney General, the Sub-Committee met last Thursday and approved the agenda for today’s meeting, which you have before you. There are 64 items on the Consent Agenda, most of which are reasonably routine. We will discuss any of those in detail, if you so desire. Then we can move on to the Regular Agenda.

      Governor: We have before us the Consent Agenda of the Board of Examiners. Is there anything on the Consent Agenda anyone would like to have discussed? If not, I would entertain a motion for approval.

      Attorney General: Governor, I would move that we accept the recommendation of the Sub-Committee on the Consent Agenda.

      Governor: Is there a second.

      Secretary of State: I will second.

      Governor: Moved and seconded. Any discussion? Hearing none, would you please say aye.

      Aye: Governor
          Secretary of State
          Attorney General

      Opposed, nay. The ayes have it. So carried. We have before us the Regular Agenda.


        REGULAR AGENDA

        65. RACHEL GILBERT CLAIM FOR ACCRUED SICK LEAVE
          Claim for 170.0 hours accrued sick leave for former Commissioner Rachel Gilbert, earned during the period she served on the Industrial Commission. The Board of Examiners approved 88.2 hours sick leave on August 7, 2001 to be transmitted to PERSI for payment of health insurance premiums. .


        Keith Johnson: There is just one item on the Regular Agenda. This is a claim brought to the Board by Rachel Gilbert, a former Commissioner on the Industrial Commission, for some uncompensated sick leave which she accrued while she served as a Commissioner. There was a discussion with the Sub-Committee about the nature of that claim and several issues of law. In fact, Deputy Attorney General Dave High is here to make a short presentation about this claim and the representation of the Sub-Committee to enter into a settlement with Ms. Gilbert on this issue.

        Governor: Dave, would you come forward and give us the overview.

        David High: Thank you, Governor. You probably are all familiar with this but we have a Settlement, Release and Indemnity Agreement. Essentially the statutes provide that people employed by the state get credit for unused sick leave, which at the time of their retirement can be applied toward health insurance. Rachel Gilbert had worked for the Industrial Commission and when she left she discovered that because of the way the time was recorded for her employment she wouldn’t have any credit for sick leave for retirement and objected to that. We looked at it and originally thought we would go back two years, and eventually thought we might want to settle with her and make it clear, however, that we would not extend the benefit to other rights such as vacation pay. That appears to be a reasonable resolution. This settlement would do that so she would have entitlement to the pay for her health insurance during her retirement she would otherwise have as a state employee.

        Keith Johnson: The recommendation of the Sub-Committee was to finalize this settlement agreement. There are a couple of things required still from Ms. Gilbert or her counsel. Dave, do you want to speak of that?

        David High: Yes. As far as the procedure at this point, we would need from Ms. Gilbert an affidavit as to the hours of sick leave she has taken. She told us it was 15 days but we would like to have an affidavit to that effect so that the Controller’s Office would be able to satisfy their record-keeping requirement. Once we have that and her signature on the document, I think the Board could actually sign the thing. At this point it probably makes more sense to simply approve it in principle with the understanding that she will provide the affidavit and then we will sign it once it gets back to us.

        Governor: Very good. Other questions?

        Attorney General: Dave, assuming that this is approved and signed, this will put an end to that matter. Is that correct?

        David High: Yes, it does.

        Attorney General: Governor, I would move that the Board approve the settlement agreement and once Ms. Gilbert has submitted the necessary affidavit to satisfy the requirements of the Controller’s Office that the Board members be authorized to sign it severally or individually, assuming that Ms. Gilbert signs it first, and then we can execute it.

        Secretary of State: I second.

        Governor: Moved and seconded. Discussion? Those in favor please say aye:

        Aye: Governor
            Secretary of State
            Attorney General

        Opposed, nay. The ayes have it. So carried. That would complete the agenda. Anything else, Keith.

        Keith Johnson: Just the four items on the Informational Agenda.

        Governor: Is there anything else to be discussed by the Board of Examiners? If not, we will stand adjourned.


        INFORMATIONAL AGENDA
          STATE INSURANCE FUND

        66. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of December 2001.
            Estimated expenditure for workers $10,000,000.00
            compensation claim costs, dividends
            and premium refunds

          Funds Expended in November 2001:

            Workers Compensation Claim Costs $ 7,730,794.11
            Dividend 69,010.16
            Commissions 10,539.14
            Policy Refunds 105,712.41
                                Total $ 7,916,055.82
        67. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft or the month of December 2001.

            Estimated expenditures for $750,000.00
            Petroleum Storage Tank Fund
          Fund expended in November 2001:

            Payroll $ 53,586.41
            Operations 11,257.41
            Claim Costs 184,215.00
            Total $ 249,058.82

        68. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of January 2002.
            Estimated expenditure for workers $33,000,000.00
            compensation claim costs, dividends
            and premium refunds

          Funds Expended in December 2001:

            Workers Compensation Claim Costs $ 6,481,309.29
            Dividend 91,438.69
            Commissions 1,246.50
            Policy Refunds 144,817.53
                                Total $ 6,718,812.01

        69. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft or the month of January 2002.

            Estimated expenditures for $750,000.00
            Petroleum Storage Tank Fund
          Fund expended in December 2001:

            Payroll $ 53,548.77
            Operations 55,140.10
            Claim Costs 141,765.69
            Total $ 250,454.56



        WHEREUPON THE MEETING OF THE STATE BOARD OF EXAMINERS was adjourned, subject to the call of the Chairman.


                                      ________________________________
                                      Governor Dirk Kempthorne
                                      Chairman of the Board


        __________________________________
        J. D. Williams, Secretary to the Board
        and State Controller
        Page last updated on 07/12/2006 01:50:26 PM