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AGENDA – Regular Meeting
April 21, 2009 – 8:55 a.m.
Borah Post Office Building, 204 N. 8th Street, 2nd Floor Courtroom

The regular meeting of the State Board of Examiners was called to order at 204 N. 8th Street, Boise, Idaho, at 8:55 a.m. pursuant to Idaho Code §67-2002 and by the order of the chair.

The following board members were present: Governor C.L. “Butch” Otter; Secretary of State, Ben Ysursa, and Attorney General, Lawrence Wasden. Controller, Donna M. Jones, Secretary to the Board of Examiners recorded the proceedings of the meeting.

Ms. Jones introduced the consent agenda items.
Mr. Wasden moved to approve the consent agenda. Mr. Ysursa seconded the motion. The motion passed on unanimous voice vote.


1. Minutes – Approved
Approval of official minutes for the meeting of the Board of Examiners on March 17, 2009.

    2. Bureau of Homeland Security – Approved
    ID #
    Date to Board
    Vials of radium found at private residence
    Drug lab
    Mobile drug lab (in a P/U Truck)
    Drug lab
    $2,222.81 (total is minus the $90.42
    for meals)
    Drug lab in private residence

    3. Idaho State Police – Moved to Regular Agenda

    4. Department of Correction – Moved to Regular Agenda

      5. Department of Health and Welfare – Approved
      Request that $72,338,190 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the fourth quarter of Fiscal Year 2009. The total budget holdback as proposed for the Department of Health and Welfare is $90,228,500. Plus an additional holdback of $75,000, which results in an adjusted General Fund amount of $496,974,400 for SFY 2009.

      6. Division of Veterans Services – Denied by Sub-committee
      Request special approval to sell the Veterans Cemetery’s surplus dump truck utilizing the free internet classified service Craig’s List instead of publishing the legal notice in the Idaho Statesman.

      7. Tax Commission – Approved
      Request pursuant to Idaho code 63-3067(2) to pre-approve the transfer of $20 million from the general fund to the state refund account so that tax refunds can be paid timely. The pre-approval would be authorization to borrow the money between May 1, 2009, and June 15, 2009, if needed.


      3. Idaho State Police - Item held until May meeting for additional analysis
      a. Board of Examiner’s sub-committee requests an amendment be made to the State Real Estate Relocation Policy and Procedures to allow hardships on a case-by-case basis for a given time frame.

      b. Request approval to extend the length of the qualifying time frame for Major Dan Thornton who received real estate assistance under the State Real Estate Relocation Policy and Procedures. This item was requested to be held for a month until this meeting.

      Resolution: Mr. Wasden asked for unanimous consent to hold item 3 until the next month’s meeting for additional analysis. Unanimous consent was given.

        4. Department of Correction – Approved
        a. Request permission to use the pay code ONL for staff working with the FBI, for staff escorting an inmate to a family funeral, and for staff supervising inmate fire crews.

        b. Update on out of state inmate placement.

        Discussion: Judi Gregory explained that their department is asking permission to use the ONL pay code in three specific instances for staff. In all three instances there is no fiscal impact on the department. All of the funding for paying out overtime comes from the areas where the work is done. There is an agreement with the FBI and they are working with the gang’s taskforce in Northern Idaho. One of the employees works part time with the taskforce and with the department so that all hours over 40 worked in that specific event are paid at an overtime rate and the department is reimbursed by the FBI for that amount. There is a cap on the amount and it is monitored closely annually. The second instance is for staff escorting an inmate to a family funeral. If there are available off-schedule employees then they can volunteer to work the funeral and escort the inmate to the funeral. The inmate’s family then reimburses the state for the travel expense as well as the overtime costs that are generated. The third event is for supervising fire crews. This is done specifically through the counties. The Department is reimbursed completely for the overtime that is generated. The fire crews may be out 15 or 16 hours at a time. The reason the Department would like to use the ONL code is because it allows the department to pay that debt quickly and to be reimbursed quickly rather than try to decipher it through the correct payroll system; it is difficult to split out what is ONL for that purpose versus regular overtime.

        Resolution: Mr. Wasden moved to approve item 4. a. Mr. Ysursa seconded the motion. The motion carried on a unanimous voice vote.

        4. b. Discussion: Director Reinke presented new information to the Board regarding out of state inmates. One hundred thirty inmates were brought back to Idaho just yesterday morning, which leaves about 188 that are still out of state. Those inmates will be back in state by late July or early August. The Idaho Corrections Center has 628 beds that will be opening up in July, and will give the opportunity to bring inmates back to Idaho. The Department of Correction was successful in getting 1,000 more inmates through programming than last year, and that has allowed inmates that are coming up on their parole dates to be considered for release. By fall of this year Idaho will have no inmates out of state. Director Reinke presented to the Board the 4 phases that will occur over the next year regarding the population of Idaho inmates and their placement.

        Gov. Otter asked if there will be any empty beds in Idaho.

        Dir. Reinke answered that no, there will not be any empty beds. The Department is funded at 99% on a daily basis. The goal is to not have any empty beds. What the Department will be asking in the coming years is to go from 99% to 98% or even 97% occupancy, so Idaho can go from a bed driven system to a program driven system.

        Mr. Wasden and Mr. Ysursa thanked Dir. Reinke for his many years of public service.

          8. Office of the Attorney General
          a. 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 Pamela Cly.

          b. Notification that Anthony M. Valdez, Valdez Law Office, 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 in the matters of several Idaho Correctional inmates.

          c. Notification that Susan K. Servick, 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, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program.

          d. Notification that John A. Bailey, Jr. 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 matter of Max Sanchez.

          e. Notification that Cheri Bush, Attorney at Law, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of providing a legal review of the referenced claims, including summaries of the claims and an assessment of whether the claims support any liability apportionable to the Idaho Industrial Special Indemnity Fund.

          9. State Insurance Fund
          a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of February, 2009.
              Estimated expenditure for workers compensation claim costs, dividends and premium refunds
            Funds Expended in February, 2009
            Workers Compensation Claim Costs
            Policy Refunds

          b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of February, 2009.
              Estimated expenditure for Petroleum Clean Water Trust Fund
            Funds Expended in February, 2009:
            Claim Costs

          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 9:15 a.m.

          __________/s/ C.L. “Butch” Otter________
          C.L. “Butch” Otter, Chairman of the Board and
          Governor of the State of Idaho
          __________/s/ Donna M. Jones ____________
          Donna M. Jones, Secretary of the Board and
          Idaho State Controller

          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.

          Page last updated on 05/19/2009 01:35:22 PM