C.L. "Butch"
Secretary of
Brandon D
D Woolf
SCO > Board of Examiners > Board of Examiners Minutes
MINUTES – Regular Meeting
May 19, 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, by phone. 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 Subcommittee to the Board of Examiners on April 14, 2009.

2. Department of Administration - Approved
Request for recognition of assignment pursuant to Idaho Code §67-1027 from J&S Properties L.C. to RCG Inc.

    3. Bureau of Homeland Security - Approved
    ID #
    Date to Board
    Drug lab
    Drug Lab in private residence 5/5/2009
    Chlorine leak at water treatment plant5/5/2009
    Mercury spill
    Mercury spill at Riggins City Hall5/5/2009

    4. Military Division - Approved
    Request for approval pursuant to Idaho Code §72-928 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 $2,487.21 for an ongoing claim.

    5. Department of Health and Welfare - Approved
    a. Request that $66,094,390 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the fourth quarter of Fiscal Year 2009.

    b. In addition, it is requested that $66,675.00 be transferred from the Drug Court, Mental Health Court & Family Court Services Fund #0340 to the Cooperative Welfare Fund #0220 during the fourth quarter of Fiscal Year 2009.

    6. Office of the State Treasurer - Approved
    Request pursuant to Idaho code 67-1210 and Idaho Code 67-3524 to approve the State Treasurer’s annual investment fee to be charged to state agencies for FY2010. It is requested the fee be increased from .015% of the average daily balance to .022% due to the decreasing average daily balance of the investment pool.

      8. Ada County Sheriff’s Office - Approved
      Request for approval pursuant to Idaho Code §31-2219, and Idaho Code §31-3203, for prisoners sentenced to ISCI and transported by the Ada County Sheriff upon a Judgment of Conviction or a Return on a Board Warrant for June 1, 2007 though May 31, 2008.

      Mileage at $.40 per mile -- $4,807.32
      Mileage at $.25 per mile -- $5,328.96

      TOTAL OF CLAIM: $10,136.28

      11. Tax Commission - Approved
      Request approval pursuant to Idaho Code 63-3067(2) for an additional $15 million which is needed to meet the June 15 interest date.

        7. Office of the Attorney General - Approved
        Request for approval according to Idaho code 44-2601-2605 the payment for attorney’s fees in the amount of $75,000 in the case of Pocatello Education Association v. Heideman.

        Discussion: Mr. Steve Olsen explained that the payment is a court ordered payment. The fees arose out of the Pocatello Education Association v. Heideman case. The case was a challenge to the Voluntary Contributions Act, which was passed by the legislature a number of years ago. The act imposed restrictions on the labor union’s ability to seek contributions for political activities. Ultimately the defendants conceded that the act itself was unconstitutional but was successful in convincing the Supreme Court that the deduction was valid. The Attorney General’s Office was successful in part and not successful in part of this case. The fees that were incurred by the opposing party at the lower level were $131,000, and Clay Smith was successful in negotiating that down to $75,000.

        Mr. Ysursa congratulated Mr. Smith on his good work in negotiating the lowered fees.

        Resolution: Mr. Ysursa moved to approve item 7. Mr. Wasden seconded the motion. The motion carried on a unanimous voice vote.

        Gov. Otter said when the Constitutional Defense Fund was set up, the idea of the fund was to make funds available for a proactive lawsuit defending the constitution and the citizens. He asked what the balance is of the fund.

        Ms. Jones answered that the balance of the fund is $315,312.61.

        Mr. Ysursa said that they used this fund for paying fees out of an abortion related scenario a year ago.

        Mr. Smith noted that there are different ways of being proactive. In this instance, the Attorney General and Secretary of State were required to respond in their official capacities to a challenge to their authority under state statutes to take certain actions. There was no choice in this case but to defend the statutes to the best of their ability. They pursued this case literally as far as it could be pursued.

        Mr. Wasden said that the issue at this point is whether the Board of Examiners should approve this claim. He said typically what happens is that the Board of Examiners does not direct the fund from which the money comes; The Board of Examiners examines the claim and gives approval for it to go forward.

        Gov. Otter asked what the alternatives are.

        Mr. Ysursa said that it is a legitimate claim. The next step is where that fee gets paid from. The Board’s role is to decide if this is a valid claim against the state. If it does not get paid from the Defense Fund it will get paid from somewhere else.

        Gov. Otter said the question before them is if they should send this claim to the Constitutional Defense Fund for payment.

        Mr. Ysursa explained that claims like this have gone to the Constitutional Defense Fund before, and there have also been special appropriations made as well.

        9. Department of Labor - Item b. withdrawn from agenda per agency request. Item a. approved.
        a. Request pursuant to Idaho Code 72-1348 to use up to an additional $500,000 Penalty and Interest monies for asbestos abatement related costs and completion of the remodel of the Industrial Administration Building. The Department also requests up to $75,000 P&I monies annually for State match required for Serve Idaho’s federal grants, as well as approval to use up to $24,000 annually for payment of membership dues for the Idaho Department of Labor to the National Association of Workforce Agencies.

        b. Request approval for payment of overtime worked by two Department staff, Tony Hartz and Katie Lamm in relation to the abatement project. It is also requested to remove Katie’s vacation leave cap.

        Discussion: Mr. Roger Madsen explained the three parts to his request.

        Gov. Otter asked why this was not in their budget.

        Mr. Madsen answered that they did not find out about the $500,000 until a few weeks ago. The $24,000 has basically been a perpetual appropriation. He said that for some reason this year they are required to come to the Board of Examiners.

        Gov. Otter said that he was just informed that they were approved for $22,000 but their annual dues went up $2,000. Labor already had $22,000 in the budget and so the request should instead be for $2,000.

        Mr. Madsen thanked the Governor for the reminder.

        Resolution: Mr. Ysursa moved to approve item 9. a. Mr. Wasden seconded the motion. The motion carried on a unanimous voice vote.

        10. Department of Agriculture - Approved
        Request approval pursuant to Idaho Code 22-1912 for Emergency Purchasing Authorization regarding the accidental introduction of various aquatic nuisance species in the following areas:

        Highway signage; $72,000
        Boat ramp signage; $9,000
        Statewide billboard campaign; $78,000
        Outreach and education campaign; $150,000
        Contracted Inspection & Decontamination Services; $1,272,000
        State-owned Decontamination Equipment; $30,000
        Enforcement; Yet to be negotiated
        Monitoring; $200,000

        TOTAL: $1,811,000

        Discussion: Mr. Oakey explained that their request is related to the invasive species program that the department is tasked in implementing. In 2008 the legislature passed the Invasive Species Act. In this past legislative session, HB213 requires motorized and non-motorized boats to purchase an invasive species sticker. The program is designed to be implemented this year with some significant upfront costs but hopefully can be maintained in the future with the ongoing revenues generated by the sticker.

        Mr. Knight explained that there will be outreach and education, not only about the sticker program and the requirement that boats have now in the state to have stickers, but to inform boaters and the public what to look for with the aquatic invasive species and the requirements of boats coming in from out of state being inspected and decontaminated if necessary. On May 1, they made a temporary rule that defined the department’s ability to put hold orders on watercraft that they suspect are carrying invasive species. The request also includes highway signage, boat ramp signage and billboards in high visibility locations around the state. The billboards will especially be targeted towards the boating public entering the state from surrounding states in 16 locations. The outreach campaign will be statewide and will include public service announcements, etc. The inspection and decontamination will take place over 12 locations around the state. A contractor there will perform the inspection and decontamination for the state. They will be in place throughout the summer and into September. There are boats that come into the state from states that have mussel issues. Other states have put together programs, but it has never been to catch these mussels before they come into the state—it has usually been a containment issue afterward. Enforcement of the rule is one portion they do not have a budget number for yet. It is expected that the enforcement will remain in the day-to-day duties for state police and other agencies. Some monitoring of the waters is already being done, but the department wants to expand that and pull more samples from water bodies. So far, Idaho does not have these mussels.

        Gov. Otter asked about water to water transport of the mussels from boaters traveling from other states to Idaho via waterways and not by road.

        Mr. Oakey responded that Bear Lake is their highest priority for traffic. Utah has found Quagga mussels.

        Resolution: Mr. Ysursa moved to approve item 10. Mr. Wasden seconded the motion. The motion carried on a unanimous voice vote.

          14. Idaho State Police - Item postponed until June
          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 moved to postpone item 14 to the June meeting, as it had been discovered that the State Real Estate Relocation Policy and Procedures has expired. Mr. Ysursa seconded the motion. The motion carried on a unanimous voice vote.


          12. Office of the Attorney General
          a. Notification that Mary V. York and Sheila D. Jones with the firm of Holland & Hart, LLP, have been appointed pursuant to Idaho Code §67-1409 as special deputy attorneys general for the purpose of representing the State of Idaho in the matter of Idaho Transportation Department, Karcher Road Interchange Project.

          b. 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 Payseno v. Pocatello Women’s Corr. Ctr.

          c. Notification that Peter C. Erbland of the firm of Paine Hamblen, LLP, 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 Caufield v. State of Idaho.

          13. State Insurance Fund
          a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of March, 2009.
              Estimated expenditure for workers compensation claim costs, dividends and premium refunds
            Funds Expended in March, 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 March, 2009.
              Estimated expenditure for Petroleum Clean Water Trust Fund
            Funds Expended in March, 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 9:43a.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 07/09/2009 10:29:01 AM