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
STATE BOARD OF EXAMINERS
MINUTES – REGULAR MEETING
700 W. State Street, Boise, Idaho
Borah Post Office Building, 204 N. 8th Street, 2nd Floor Courtroom
February 14, 2006


The regular meeting of the State Board of Examiners was called to order at 204 N. 8th Street, Boise, Idaho, at 9:00 a.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following board members were present, constituting all the members: Governor Dirk Kempthorne, chairman of the board; Secretary of State Ben Ysursa; and Attorney General Lawrence Wasden.

State Controller Keith Johnson, secretary to the board, recorded the proceedings of the meeting.


CONSENT AGENDA

Mr. Johnson introduced the items on the consent agenda. Mr. Wasden moved to approve the consent agenda as recommended in its entirety; Mr. Ysursa seconded the motion. The motion carried by unanimous voice vote.


1. Minutes – Approved

    Approval of official minutes for the meeting of the Board of Examiners on December 20, 2005.


2. Department of Administration – Approved
a. Request for recognition of assignment pursuant to Idaho Code §67-1027 from 4-M Developers, LLC to Noah Rae and Carol Rae dba NCR properties.
b. Request for recognition of assignment pursuant to Idaho Code §67-1027 from 4-M Developers, LLC to Michael L. Ashby.
c. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Edmund Terry to C.J.M. Limited Partnership.
d. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Country Square, LLC to RCC Investments LLC.
e. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Aspen Hills Limited Partnership to Marketplace Owners Group LLC.

3. Military Division – Approved

    Request for approval of payment of worker’s compensation claims for members of the Idaho National Guard, resulting while the soldier was on duty in the amount of $5,308.80.

4. Health and Welfare – Approved

    Request to extend approval to pay compensory and on-call time worked by medical staff at State Hospital South be carried forward to the end of the current fiscal year for positions in the following classification:

    Physician, Psych Specialist Physician, Clinical Director

    Physician, Medical Director Clinical Specialist (Nurse Practitioner)


5. Attorney General – Approved

    Recommendation that the Board of Examiners authorize the following applicants, who submitted individual applications and who are currently licensed to practice law in the state of Idaho, to represent the Idaho Transportation Department as, if, and when needed. See attached letter for a list of names.


6. Public Health Districts – Approved
    Request for approval of the distribution of SB1263 on behalf of all seven public health districts. The distribution was approved by the Conference of District Directors (CODD) on January 27, 2006.

    PHD1 $11,400 PHD2 $7,600

    PHD3 $12,300 PHD4 $18,600

    PHD5 $10,600 PHD6 $10,700

    PHD7 $10,500

    Total $81,700


7. Bureau of Hazardous Materials, Division of Military, Executive Office Of Governor – Item 2005-4039 Approved
    Request for authorization to issue deficiency warrants for reimbursement of response costs pursuant to Idaho Code §39-7110.
    ID #
    Description
    Amount
    Comments
    Date to Board
      2005-3094
    HazMat
    321.62
    Incident in Nordman ID, involving jars of blasting caps & explosives located by auctioneers inside the shop of a deceased individual. Incident date: 8/11/05

    This incident was sent last month, and we were asked to find out if an auction had taken place, and if it had made any money that could possibly be used to reimburse the emergency responders.

    At the present time, we have been unable to track any information down. We have been in contact with Bonner County Emergency Management, but so far they have been unable to provide us with a contact.
    12/5/05
      2005-3832
    BioHazard
    213.70
    Incident in Boise, involving a possible biohazard. An envelope containing a white powdery substance was reported by a mail room attendant from Albertson’s, Parkcenter in Boise. The powder was later identified as Metamucil + Calcium.
    Incident date: 9/22/05
    12/28/05
      2005-4039
    Spill
    1,394.25
    Incident at 2nd North and Overland in Burley, involving an unknown blue/green material spilled on highway that was reported by a passer by. The spiller is unknown. Material had dried on road and was not being blown or tracked, so no further clean-up was necessary.
    Incident date: 9/2/05
    12/28/05
    TOTALS
    $1,394.25
8. Boise State University – Approved
    Request for permission to reimburse an additional $1,400.00 in storage costs for Dr. Richard Frisch, Vice President of University Advancement, PCN 1262 for a total of $2,200.00 in storage costs.

9. University of Idaho – Approved

    Request to reimburse moving expenses up to $16,000 for the new Assistant Vice President of Human Resources, Paul Michaud, moving from Miami, Florida, to Moscow, Idaho.

    Name and Position: Department Salary Fund

    Paul Michaud, Assistant Vice President Human Resources $100,000 UBX019


10. Department of Environmental Quality – Toni Hardesty (Removed from Agenda)
    Request for approval to award additional bonus money in the amount of $1,000 to Bruce Schuld, PCN 1278, Mine Project Coordinator (Analyst 4) in the Waste Management and Remediation Division, in accordance with Idaho Statute 67-5309c(iv).

INFORMATIONAL AGENDA

Mr. Johnson introduced the items on the informational agenda.

11. State Travel Policy and Procedures

      Attached are the responses collected from fiscal officers on the budgetary affects of an increase to the in-state meal and incidental expense rate from $30.00 to $39.00.

12. State Moving Policy and Procedures

    Attached are the responses from Boise State University and the University of Idaho on the effects of recent fuel surcharge issues associated with the State Moving Policy and Procedures.

13. State Department of Education

    a. Notification that the State Department of Education granted permission according to Idaho Code §59-512 for Jana Jones, Chief Deputy Superintendent, to teach an online class at Boise State University.

    b. Notification that the State Department of Education granted permission according to Idaho Code §59-512 for Jana Jones, Chief Deputy Superintendent, to teach Basque cuisine class at Boise State University.


14. Attorney General
a. Notification that J. Kevin West of the firm of Hall, Farley, Oberrecht & Blanton has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of reviewing a proposed termination agreement with Regence Blue Shield (early termination of the run out clause) for the Idaho Department of Administration, Office of Group Insurance.
b. Notification that Hollis Mercer, 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 case of Liescke v. Indust. Special Indem. Fund, ISIF Claim No. 2005-1746; IC #03-515222; Kelley v. Indust. Special Indem. Fund, ISIF Claim No. 2005-1748; IC #05-509210; Millard v. Indust. Special Indem. Fund, ISIF Claim No. 2005-1737; IC#03-009815/04-043247; Henry v. Indust. Special Indem. Fund, ISIF Claim No. 2005-1733; IC #04-508000.
c. Notification that J. Kevin West of the firm of Hall, Farley, Oberrecht & Blanton has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of reviewing a legal question for the Idaho Department of Administration, Office of Group Insurance (Department), related to the denial of a claim under the Flexible Spending Account for failure to timely file.
d. Notification that Richard Wyde of the firm of Davis Wright Tremaine, 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 case of Proposed MMIS Contract with Unisys, Inc.
e. Notification that Phillip S. Oberrecht of the firm of Hall, Farley, Oberrecht & Blanton, P.A. 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 case of Hobson Fabricating Corp. v. Gardner, et al., Case No. CV-OC-06-00191; State File No. 2004-1042-001
f. Notification that Paul Madden of the firm of Whiteford, Taylor & Preston, LLP, in Baltimore, Maryland, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of consulting, research, and advice on federal tax and regulatory issues related to plan qualification and compliance, as needed and when requested by PERSI. This appointment will expire in January 20, 2007.
g. Notification that Lawrence E. Kirkendall, Attorney at Law of the firm of 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 case of Nessen v. Indust. Special Indem. Fund, ISIF Claim No. 2005-1745; I.C. No. 01-013496 & 04-001411.
h. 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 case of Kelley v. Indust. Special Indem. Fund, ISIF Claim No. 2005-1748; I.C. No. 05-509210.
i. Notification that Hollis Mercer, 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 case of Jeffries v. Indust. Special Indem. Fund, ISIF Claim No. 2005-2750; IC #04-510211; Chabis v. Indust Special Indem. Fund, ISIF Claim No. 2005-1749; IC #04-514985/00-031; Wallingford Indust. Special Indem. Fund, ISIF Claim No. 2005-1755; IC #05-514661; Nordin Indust. Special Indem. Fund, ISIF Claim No. 2005-1753; IC #03-523973.
j. Notification that Milly Whatley, Attorney at Law in Bend, Oregon has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing PERSI in In re Glen Dunsbergen, Case No. 04-43534-tmb – Public Employees Retirement System of Idaho (PERSI) before the U.S. Bankruptcy Court for the District of Oregon.
k. Notification that V. Rafael Stone of the firm of Foster Pepper, PLLC, in Seattle, Washington, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representation of PERSI in investment-related transactional matters that include, but are not limited to, PERSI’s private equity and private real estate investment. This appointment will expire on January 26, 2007.
l. Notification that Joshua D. Johnson 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 In re University Place/Idaho Water Center Project, Case No. CV-OC-04-05740.

    15. State Insurance Fund
      a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of December 2005.
          Estimated expenditure for workers compensation claim costs, dividends and premium refunds
      $20,000,000.00
        Funds Expended in November 2005
        Workers Compensation Claim Costs
      $10,708,679.51
        Dividend
      $1,817.00
        Commissions
      0
        Policy Refunds
      $360,758.92
        Total
      $11,071,255.43

      b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of December 2005.
          Estimated expenditure for Petroleum Clean Water Trust Fund
      $750,000.00
        Funds Expended in November 2005:
        Payroll
      $64,147.36
        Operations
      $20,542.82
        Claim Costs
      $483,028.05
        Total
      $567,718.23
      c. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of January 2006.
          Estimated expenditure for workers compensation claim costs, dividends and premium refunds
      $25,000,000.00
        Funds Expended in December 2005
        Workers Compensation Claim Costs
      $11,623,167.26
        Dividend
      0
        Commissions
      $3,445,848.51
        Policy Refunds
      $278,680.81
        Total
      $15,347,696.58
      d. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of January 2006.
          Estimated expenditure for Petroleum Clean Water Trust Fund
      $750,000.00
        Funds Expended in December 2005:
        Payroll
      $92,440.13
        Operations
      $7,817.28
        Claim Costs
      $132,542.42
        Total
      $232,799.83


    There being no further business before the board and on motion duly made and seconded, THE MEETING OF THE STATE BOARD OF EXAMINERS WAS ADJOURNED at 9:02 a.m.

    __________/s/ Dirk Kempthorne________
    Dirk Kempthorne, Chairman of the Board and
    Governor of the State of Idaho

    __________/s/ Keith Johnson____________
    Keith Johnson, Secretary of the Board and
    Idaho State Controller

    Minutes of State Board of Examiners or the Subcommittee Meetings

    The secretary to the board prepares preliminary minutes as a courtesy for the reader. Preliminary minutes have not been approved by the State Board of Examiners or its subcommittee and do not constitute the official minutes of the meeting. The minutes become official after approval at a subsequent meeting. Should you have any questions regarding these minutes, please contact brdexam@sco.state.id.us or call the Idaho State Controller’s Office at 334-3100.
      Page last updated on 07/12/2006 01:20:59 PM