STATE BOARD OF EXAMINERS
May 14, 2002 – 8:50 a.m.
JRW East Conference Room
Governor Dirk Kempthorne, Chairman of the Board
Secretary of State Pete Cenarrusa
Attorney General Al Lance
State Controller J.D. Williams
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
Steve Kenyon, Office of State Controller
Marty Peterson, University of Idaho
CONSENT AGENDA1. Approval of minutes for April 23, 2002 State Board of Examiners.
BUREAU OF HAZARDOUS MATERIALS
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 APRIL 2002
Substance in alley
9. DEPARTMENT OF PUBLIC WORKS – RECOGNITION OF ASSIGNMENT
Request for recognition of assignment as executed by Assignor BIF, Lot 25 LLC, c/o Hosac Company, Inc. and Assignee Bradford P. Shaw and M. Camille, Shaw, both of Boise, Idaho, for a lease agreement for space regarding the State of Idaho, by and through the Department of Administration, Division of Purchasing, Bureau of Federal Surplus, as “Lessee” and Lessee’s occupancy of 6941 Supply Way, Boise, Idaho, pursuant to Idaho Code 67-1027.
10. DEPARTMENT OF HEALTH AND WELFARE – RECOGNITION OF ASSIGNMENT
Request for recognition of assignment as executed by Assignor Helen J. Walker, Clarkston, Washington, and Assignee Jock Pring, Lewiston, Idaho for a lease agreement at the Health and Welfare building, Grangeville S.C. Street, pursuant to Idaho Code 67-1027.
11. DEPARTMENT OF TRANSPORTATION – RECOGNITION OF ASSIGNMENT
Request for recognition of assignment as executed by Assignor Krick Equipment, Sagle, Idaho, and Assignee Panhandle State Bank, Sandpoint, Idaho for Contract #6523, project #STP-2800 (109), pursuant to Idaho Code 67-1027.
OFFICE OF ATTORNEY GENERAL
12. Notification that Jeffrey M. Wilson of the firm of Wilson & McColl, Chtd has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in the Murri v. Idaho State Police, et al., Case No. CV-PI-U02-00151, pursuant to Idaho Code §67-1409.
13. Notification that William A. McCurdy of the firm of Brassey, Wetherell, Crawford & McCurdy has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in the Allstate Indemnity Co., et al. v. Herrera, et al., Case No. CV-02-63, pursuant to Idaho Code §67-1409.
Governor: Ladies and gentlemen, I will call the State Board of Examiners to order this morning. I welcome all of you who have joined us. I call upon the State Controller, who is the Secretary of the Board of Examiners, to present us with the report.
State Controller: Governor, today we have before you on the Consent Agenda thirteen items that have been reviewed by the Board’s Sub-Committee and recommended for approval by the Board.
Governor: Is there discussion? Is there a motion for adoption of the Consent Agenda?
Secretary of State: I will move the adoption of the Consent Agenda.
Attorney General: Second.
Governor: It has been moved and seconded. Any discussion? Those in favor please say aye.
Secretary of State
Opposed, Nay. The ayes have it. So carried.
UNIVERSITY OF IDAHO – Marty Peterson
(Requests #14 and #15 were deferred at the April 23, 2002 Board of Examiners meeting so Marty Peterson from University of Idaho could attend the May 14 Board Meeting to explain the circumstances)
14. Request for authorization to reimburse additional moving expenses of $5,000 for Dr. Steven Daley Lauren for the position of Dean, College of Natural Resources effective August 8, 2002, for a total of $10,000. The Sub-Committee approved $5,000 moving expenses reimbursement for the open position on August 2, 2001.
15. Request for authorization to reimburse moving expenses up to $10,000 for the following open position:
Governor: We have the Regular Agenda. State Controller.
State Controller: On the Regular Agenda, pursuant to the request of the Attorney General at the last meeting, we have representative Marty Peterson from the University of Idaho here regarding the two requests for increased moving expenses.
Governor: Mr. Peterson, Marty, welcome.
Marty Peterson: Thank you, Governor, members of the Board of Examiners. We have two moving requests that are on these items. One is for a new Dean for the College of Natural Resources, and the other a new Dean for the College of Law. I understand that questions were raised at the last meeting concerning the need to justify this based on the current budget problems that all of state government, and especially higher education, are facing. I think that is a very valid concern. I would like to respond tothat. Those of us in higher education really appreciate the degree of discretion that the legislature and the Governor’s Office have given to us to manage our way through the current budget problems. At the University of Idaho we have taken that charge very seriously. We have our strategic plan in place that we operate under. This week we have the fourth in a series of university-wide meetings with all faculty, staff and others who are interested in taking a look at our plans for managing our budget problems. We have had a website up. We have had literally hundreds of suggestions come in that we are giving careful consideration to, and although this is a difficult time for us, we are also very comfortable with what we have been able to do up to this point to manage our financial affairs. One of the things that we have in our strategic plan that is very important to the university is our ability to continue to recruit and retain the highest quality faculty and staff at the university that we can obtain. These two positions are very critical to what the university is doing. The College of Natural Resources – much of the natural resources policies that are being developed and administered, not only in the state but nationally, are being steered by individuals who have come out of our College of Natural Resources. A good example is Dale Bosworth, the current Chief of Forest Service. The College of Law – again Chief Justice of the State of Idaho and many others in the legal community in Idaho are products of our College of Law, and certainly these two colleges are no better than the deans that are in charge of them. It is standard practice nationally when you are recruiting people like this to pay reimbursement for moving costs. We are already at a disadvantage nationally with respect to salaries. For example the average law school dean in the United States is paid $205,000 a year. We are not paying at that level so if we have to go out and compete in the marketplace to get the highest quality candidates that we can, we are at a disadvantage from the standpoint of salary right off the bat and that is just compounded if we aren’t able to meet other benefit requirements such as reimbursement for moving expenses. So that, members of the Board, is the reason that we think it is important that you approve these two items.
Governor: Marty, let me ask this. How long had the previous dean been in that position as Dean, College of Law? A ballpark figure.
Marty Peterson: Governor, about ten years.
Governor: This is not necessarily a position that turns over frequently?
Marty Peterson: No, it is not.
Governor: And so, as you say, you are competing nationally to attract the best and the brightest. Do you, and does the administration feel, this is a key part of attracting those types of individuals with those credentials?
Marty Peterson: Governor, absolutely. It is standard practice nationally when you are recruiting this type of individual to reimburse them for moving expenses. If we are not able to do it, it is just another one of those things that serious candidates will not take us seriously.
Governor: And do you believe does $10,000 really reimburse them for moving expenses?
Marty Peterson: Governor, we don’t know that for sure because in either one of these instances the candidates have not been selected, or the final individual has not been selected. So we have asked for approval up to this amount and if it comes in less than that amount, that is all they will be reimbursed for. Also, the policies of the Board of Examiners are in place that provide that if one of these individuals comes in and departs rapidly they are going to have to repay us.
Governor: Members of the Board, any questions?
Attorney General: Marty, good to see you again. Thank you for coming down to answer our questions. How many candidates did we have for the law school slot?
Marty Peterson: Governor, General, I can’t answer that. We have three finalists, I know that. The three finalists are in town this week, I believe, in Boise and in Moscow.
Attorney General: It is my impression there were a number of candidates that applied and the salary range is between $135,000 and $172,000. Is that about right?
Marty Peterson: Governor, General, that would be right.
Attorney General: And I will just tell you up front, Marty, I can’t vote for these moving expenses with salaries in that range and I will tell you why. Because we are in a crunch right now. We are cutting down the budgets so very critically and I think there were an ample number of candidates available for each of these positions without the incentive of moving expenses and moving somebody across country to become our dean for law school or natural resources may or may not be a good thing depending upon one’s perspective. I am giving you the minority report right now, I think.
Governor: Secretary, any comments?
Secretary of State: Governor, I am entirely satisfied with Marty Peterson’s recitation and I would move that items #14 and #15 be approved.
Governor: Is there a second? Second. Further discussion? I am appreciative of the General’s point that you have raised and we are in a financial situation that is very serious. But I also absolutely believe in the administration of the university and we have provided some latitude. The university, in order to attract those individuals of the highest caliber, need to have certain tools available to them. I think the university has made it clear they believe this is one of those tools that they need to have. I want us to continue to attract talented individuals at all of our institutions and I believe there have been other instances where we have approved moving expenses beyond the $5,000 for the other institutions. Is that correct?
Brian Whitlock: Governor, members of the board, yes, last month there were several items that were included on the agenda for the other institutions over $5,000.
Governor: Marty, I am prepared to vote for this. And, again, it is with my confidence in the administration at the university and at our other institutions, and it is to make sure they do have tools even in a very tough time that you can still attract the best. Further discussion? If not, those in favor please say aye.
Nay: Attorney General
The ayes have it. It is so carried. Mr. Controller, anything else to come before the Board?
State Controller: Governor, that completes the agenda. The normal informational agenda from the State Insurance Fund was provided to us twice last month when we had two meetings.
Governor: With nothing else coming before the Board of Examiners we stand adjourned.
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