C.L. "Butch"
Otter
Governor
Lawerence
Denney
Secretary of
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Lawrence
Wasden
Attorney
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Brandon D
D Woolf
State
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SCO > Board of Examiners > Board of Examiners Minutes
MINUTES
STATE BOARD OF EXAMINERS
Tuesday, April 13, 1999 - 8:45 a.m.
JRW East Conference Room

Members Attending:
      Governor Dirk Kempthorne, Chairman of the Board
      Secretary of State Pete T. Cenarrusa
      Attorney General Alan G. Lance
      State Controller and Secretary of the Board J. D. Williams

Sub-Committee Members Attending:
      Jeff Malmen, Office of Governor
      Ben Ysursa, Office of Secretary of State
      David High, Office of Attorney General
      H. W. Turner, Office of State Controller

Visitors Attending:
      Ron Crane, State Treasurer
      Laura Steffler, Office of State Treasurer
      Mike Moore, Bond Counsel
      Karl Kurtz, Department of Health and Welfare
      Gary Broker, Department of Health and Welfare

CONSENT AGENDA

    DEPARTMENT OF ADMINISTRATION

1. Request for approval of an executed amendment to the Milo Creek Memorandum of Understanding between the Department of Administration, Division of Public Works and Bureau of Disaster Services, that has also been approved by the cities of Wardner and Kellogg and Shoshone County. The Board approved the original Memorandum of Understanding in May of 1998.

2. Request for approval of Recognition of Assignment as executed by Assignor Ronald W. Van Auker, Meridian, Idaho and Assignee MSR North Associates, Boise, Idaho, for lease agreement for space at 3125 Shoshone, Boise, Idaho, used by Department of Correction; lease agreement for space at 3092 Elder Street, Boise, Idaho, used by Department of Health and Welfare; and lease agreement for space at 3056 Elder Street, Boise, Idaho, used by Department of Law Enforcement.

3. DEPARTMENT OF HEALTH AND WELFARE
    Request for authorization to pay 149.8 hours compensatory time for Corine Horton, Developmental Disabilities Supervisor, accrued from spring 1996 through September 1998 when she assumed additional responsibilities when an employee became ill with cancer and underwent treatment. Corine's vacation balance is near the maximum allowed and she is unable to take the time off.

4. DEPARTMENT OF LANDS
    Request for authorization to add the following job titles to the list of IT classifications approved to receive bonuses over $1,000:
              Geographic Information System Analyst
              Geographic Information System Analyst, Senior
              Geographic Information/Cartography Manager


5. DEPARTMENT OF WATER RESOURCES
    Request for authorization to add the following two Geographic Information System (GIS) classifications and one Remote Sensing classification to the list of job titles eligible to receive bonuses over $1,000:
              Geographic Information System Specialist
              Water Resource Information Section Manager
              Remote Sensing Analyst, Senior

6. DEPARTMENT OF LABOR
    Request for authorization to reinstate sick and vacation leave for three employees of the Orofino Job Service Office who were injured in a work-related automobile accident on June 17, 1998. The sick and annual leave taken would be converted to administrative leave and future accident-related leave for these injured employees would be charged entirely to administrative leave.
              Jerry Brown 527.6 sick leave
              34.0 vacation leave
              561.6

              Pat Farrington 140.9 sick leave
              217.8 vacation leave
              358.7

              Maria Gray 74.0 sick leave
55.8 vacation leave
129.8
      The members of the Sub-Committee recommend approval of the request to adjust sick and vacation leave balances to the amounts stated in the Department of Labor's letter dated February 24, 1999, based upon the following factors: (1) the Department desired to exercise its discretion to grant administrative leave with pay; (2) an error was made in failing to carry out that decision; (3) the Department requested that the State Board of Examiners exercise its discretion to approve the adjustment of records; and (4) failure to correct the error would create an extraordinary and unusual hardship based upon extreme circumstances such as exist in this case. The decision should not be understood to create an expectation of approval of any such request in the future.

7. DEPARTMENT OF LAW ENFORCEMENT
    Request for authorization to pay compensatory time to the following Criminalists who have conducted rush analyses on crime scene evidence, attended court proceedings, and worked on case file preparation, accrued from July 1998 to present. Due to current case load and pending analysis, it would be difficult to significantly reduce the hours prior to the end of this fiscal year without negatively impacting operations and resources.
              Aaron Brudenell 114 hours
              Stuart Jacobson 70 hours
              Janet Taylor 22 hours
              Don Wyckoff 46 hours

    STATE TAX COMMISSION

8. Request for authorization to offset debts owed to the State of Idaho from the East Shoshone Hospital District, dba the Silver Medical Center, who has filed a proceeding in the United States Bankruptcy Court for the District of Idaho under Chapter 9 of the U.S. Bankruptcy Code. The District has failed to pay over to the State of Idaho and therefore is indebted to the state for certain taxes listed below:
          To the State Tax Commission $20,042
          To the Department of Labor $ 4,601

9. Request for authorization to include the following individuals and classifications to the "Exemption from Bonus Cap for Specified Information Technology Personnel" that was approved by the Board of Examiners on November 23, 1998.
              Individuals
              Management Analyst - Jim Whitham
              Management Analyst, Sr. - Sonnia Lane

              Classifications
              Tax County Tech. Support Bureau Chief
              Tax County Tech. Support Section Manager
              IT Data Entry Operator
                Kathryn Davis Loraine Poole
                Mardelle Davison Marilyn Riggs
                Whitney Laursen Nikki Sparkman
                Margaret Mort Karra Stitz
              GIS Analyst and GIS Analyst, Sr.

10. Request for authorization to permanently assign a vehicle to Kathryn Nelson, Consulting Appraiser, who is assigned a number of counties she is required to assist and monitor for compliance with Ad Valorem statutes.

11. IDAHO LOTTERY
    Request for authorization to pay 239.0 hours compensatory time for Marjie Goar-eeney, accrued July 1998 through December 1998, while installing a new accounting system. She is unable to take the time off.
    BUREAU OF HAZARDOUS MATERIALS

12. Incident 980927 - Request for authorization to issue deficiency warrants in the amount of $681.86 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Post Falls, Idaho on September 29, 1998, pursuant to Idaho Code § 39-7110.

13. Incident 980902 - Request for authorization to issue deficiency warrants in the amount of $5,073.75 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Lenore, Idaho on September 2, 1998, pursuant to Idaho Code § 39-7110.

14. Incident 981028 - Request for authorization to issue deficiency warrants in the amount of $1,533.77 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Idaho Falls, Idaho on October 14, 1998, pursuant to Idaho Code § 39-7110.

15. Incident 981031 - Request for authorization to issue deficiency warrants in the amount of $1,205.42 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Pocatello, Idaho on October 29, 1998, pursuant to Idaho Code § 39-7110.

16. Incident 981102 - Request for authorization to issue deficiency warrants in the amount of $878.66 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Nampa, Idaho on November 20, 1998, pursuant to Idaho Code § 39-7110.

17. Incident 981103 - Request for authorization to issue deficiency warrants in the amount of $325.64 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Pocatello, Idaho on November 24, 1998, pursuant to Idaho Code § 39-7110.

18. Incident 981107 - Request for authorization to issue deficiency warrants in the amount of $673.58 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Eagle, Idaho on November 7, 1998, pursuant to Idaho Code § 39-7110.

19. Incident 981117 - Request for authorization to issue deficiency warrants in the amount of $84.10 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on November 17, 1998, pursuant to Idaho Code § 39-7110.

20. Incident 981119 - Request for authorization to issue deficiency warrants in the amount of $71.25 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on November 19, 1998, pursuant to Idaho Code § 39-7110.

21. Incident 981120 - Request for authorization to issue deficiency warrants in the amount of $97.82 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on November 20, 1998, pursuant to Idaho Code § 39-7110.

22. Incident 981127 - Request for authorization to issue deficiency warrants in the amount of $68.74 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on November 27, 1998, pursuant to Idaho Code § 39-7110.

23. Incident 981202 - Request for authorization to issue deficiency warrants in the amount of $107.20 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on December 2, 1998, pursuant to Idaho Code § 39-7110.

24. Incident 981214 - Request for authorization to issue deficiency warrants in the amount of $296.24 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on December 14, 1998, pursuant to Idaho Code § 39-7110.

25. Incident 990100 - Request for authorization to issue deficiency warrants in the amount of $356.31 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous substance incident in Oneida County, Idaho on January 1, 1999, pursuant to Idaho Code § 39-7110.


26. OFFICE OF ATTORNEY GENERAL
    Notification that Merlyn W. Clark, of the firm of Hawley, Troxell, Ennis & Hawley has been appointed to represent the interests of the Idaho Board of Correction in the performance of legal work in documenting the additional agreements between the Idaho Board of Correction and Corrections Corporation of America, pursuant to Idaho Code § 67-1409.

27. ADA COUNTY PROSECUTOR
    Request for reimbursement of closed cases handled by the Ada County Prosecutor dealing with the prosecution of State Penitentiary inmates for 1998 in the amount of $1,749.65, pursuant to Idaho Code § 18-2507. Legislative Services Offices has audited this claim, found the amount correct, and recommends payment of $1,749.65.

28. ADA COUNTY SHERIFF
    Request for reimbursement of costs incurred 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 1998 in the amount of $3,746.28, pursuant to Idaho Code § 31-2219 and § 31-3203. Legislative Services Office has audited this claim, found two incorrect mileage rates and one month with incorrect calculations, and recommends payment of $3,741.92.

Governor: Ladies and Gentlemen, I will call the meeting to order of the Idaho Board of Examiners. I will call upon the Controller to give us the Secretary's report.

State Controller: Thank you, Governor. We have before you a rather lengthy Consent Agenda. This is one of the longest agendas we have had for the Board of Examiners for a number of years. We have 28 items on the Consent Agenda. Item Number 6, the Attorney General's Office has asked that we hold that for a month so they can coordinate in the vary legal aspects of that accident involving some state employees that were killed in Orofino last summer. The Board's Sub-Committee has met and recommends approval of now 27 of the 28 items on the Consent Agenda.

Governor: Thank you very much. Is there discussion? Attorney General

Attorney General: I would like to point out that the removal of Item #6 temporarily from the agenda is done with the approval of Evelyn Thomas, who is here. We discussed that with her and she concurs with temporarily removing it from the agenda at this time.

Governor: Further discussion. If not, is there a motion? Attorney General Lance.

Attorney General: Governor, I would move for the approval of the Consent Agenda as printed with the exception of Item #6.

Secretary of State: 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 unanimous.



REGULAR AGENDA

State Controller: Governor, we have three items on the Regular Agenda. If we could hold agenda Item #29 until the end for the Treasurer because it is going to take a little longer, probably more exhaustive questioning.

Item #30 is a request from the Department of Health and Welfare for a waiver of the $1,000 bonus limit. This is a request that is basically designed to reduce paperwork. They have over 200 employees they feel would fall in this category to be receiving bonuses because they are at the top of the pay grade, and also would receive some rate adjustments. Instead of doing two forms they would like to put it all on one form, but that form won't go into effect until the next fiscal year. There will be some problems fiscal year wise on this and this is designed to take care of that. It will save my office considerable paperwork also.


30. DEPARTMENT OF HEALTH AND WELFARE - Karl Kurtz, Director; Gary Broker, Administrator, Division of Management Services
    Request for waiver of the $1,000 limit on bonuses for the remainder of FY99 and FY 2000 until September 30, 1999, per Idaho Code § 67-5309C(b)(iii) and § 59-1603(7). The waiver request would allow for all increases to be included in the employees July 7 paychecks.

31. JAN'S CAFETERIA
    Request for authorization to amend rates allowed for refreshments for official meetings per the State Travel Policy.
      The members of the Sub-Committee recommend approval of the following amendment to the refreshment rates in the State Travel Policy
        Current: 12.C.1.d. The total per attendee cost of the refreshments does not exceed 50% of the allowable partial day meal reimbursement for breakfast, per refreshment break, pursuant to Appendix B.
        Proposed: 12.C.1.d. The total per attendee cost of the refreshments, per refreshment break, will not exceed $5.00 which is the allowable partial day reimbursement amount established for breakfasts, pursuant to Appendix B.

State Controller: Item #31 is the change in per diem for refreshments for official meetings as covered in our State Travel Policy. This is at the request of Jan's Cafeteria downstairs who has indicated to me she is not making money under the current system, and it allows for a change so it will not exceed $5.00 for allowable partial day refreshments.


Governor: Any further items, Mr. Secretary?

State Controller: Just those three.

Governor: Discussion? Attorney General.

Attorney General: J. D., I understand that Item #30 will not result in the payment of any more money, but it is just a waiver of the time frames, if you will.

State Controller: That is correct.

Attorney General: Mr. Controller, Item #31, I guess I was amazed when I reviewed this to find we get involved in dictating how much people can spend on coffee and doughnuts and what not. I guess we do.

State Controller: That is why they pay you the big bucks, Mr. Attorney General.

Governor: Let me ask you this, Mr. Controller. With regard to Health and Welfare, as I understand it there was discussion by the Sub-Committee that only one bonus per employee be provided in fiscal year 2000 and that only workers who received a performance review that exceed expectations or better would be eligible for such bonuses. Is that correct?

State Controller: I believe it is. The Sub-Committee is saying that is correct.

Governor: Karl Kurtz is here. Karl, is that correct.
    Karl Kurtz: Yes.

    Governor: Okay, very good. Further discussion. Mr. Attorney General.

    Attorney General: Governor, if you are ready for the motion I would move the approval of agenda Items #30 and 31.

    Secretary of State: Second.
      Governor: Moved and seconded. Discussion? All in favor please say aye.

      Aye: Governor
      Secretary of State
      Attorney General

      Opposed, Nay

      So carried. That would leave us with Item #29.
        29. STATE TREASURER'S OFFICE - Ron Crane, State Treasurer; Laura Steffler, Fiscal Office; Mike Moore, Bond Counsel
          Request for authorization to issue tax anticipation notes in an amount not to exceed $1,194,352,500.00. These notes would be issued prior to June 30, 2000, as necessary and pursuant to the provisions of Chapter 32 of Title 63, of the Idaho Code.

        State Controller: That would be the State Treasurer's request for authorization for the TAN.

        Governor: Mr. Treasurer, welcome.

        Ron Crane, State Treasurer: Good morning, Mr. Chairman, Governor, and members of the Board of Examiners. We are here this morning to request a resolution to allow us to issue tax anticipation notes once again this year. As this Board is aware, our cash flow needs deem it is necessary we receive about 40% of our income the first six months of the fiscal year. The other 60% is from taxes from the last six months of the fiscal year. In that same time frame, in the first six months we will pay out about 57% of our school district payments so you can see that we have created a cash flow problem for short fall in managing our cash flow. So, in the years past, as you are well aware, we have issued tax anticipation notes selling those notes to use the proceeds to keep our cash flow needs in balance. Also, I would point out too that we take the proceeds from those notes and invest them. We are not needing them immediately and the profits that we earn on those investments is the arbitrage, and we are able to net a profit for the state of about $5.5 to $6.0 million. So it is a very significant item for the state. So, once again we are here, pursuant to the Idaho Code, to ask for your approval on the issue of the TANs. I do have my Bond Counsel here to answer technical questions if you have any specific questions.

        Governor: Are there any questions? Attorney General.

        Attorney General: Just out of curiosity, Ron, what is the interest rate on these anticipation notes?

        Ron Crane: Mr. Chairman, Attorney General Lance, last year we paid 3.6% on the tax anticipation notes.

        Secretary of State: What investment do you get from them?

        Ron Crane: I think our average, Mr. Chairman, and Secretary Cenarrusa, we average around 5.62%, or something like that.

        Secretary of State: It is a money maker.

        Governor: Further discussion. Mr. Attorney General.

        Attorney General: I would move for the adoption of Item #29.

        Secretary of State: Second.

        Governor: It has been move and seconded. Discussion? Those in favor please say aye.

        Aye: Governor
            Secretary of State
            Attorney General

        Opposed, nay.

        The ayes have it, so carried. Mr. Treasurer, thank you very much for all the good work you have done and also with regard to the Endowment Reforms and the Sub-Committee. We appreciate it very much.

        Mike Moore: Governor Kempthorne, and members, we have three copies of a resolution we need signed. You will need one for the records, the Treasurer needs one and we need one for the note transcript.

        Governor: Mr. Controller, does that conclude the agenda before us on the Board of Examiners?

        State Controller: Yes, Governor, with the Information Agenda from the State Insurance Fund on the various reserves, that completes the work of the Board of Examiners today.

        Governor: Without objection, we stand adjourned.

        INFORMATIONAL AGENDA
          STATE INSURANCE FUND

        32. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of March, 1999.
            Estimated expenditure for workers $7,500,000.00
            compensation claim costs, dividends
            and premium refunds
          Funds Expended in February 1999:
            Workers Compensation Claim Costs $5,358,931.90
            Commissions (28.04)
            Policy Refunds 395,660.54
            Total $5,754,564.40

        33. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft for the month of March 1999.
            Estimated expenditures for $750,000.00
            Petroleum Storage Tank Fund
          Fund expended in February 1999:
            Payroll $ 50,039.06
            Operations 157,541.03
            Continuous Appropriations - Operations 27,812.82
            Continuous Appropriations - PSTF Claim Costs 201,694.72
            Total $437,087.63


        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 03:20:45 PM