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SCO > Board of Examiners > Board of Examiners Minutes
MINUTES – Regular Meeting
July 8, 2003
1st Floor, East Conference Room
700 W. State Street, Boise, Idaho

The regular meeting of the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 8:57 a.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following board members were present: Secretary of State Ben Ysursa, acting chairman, and Attorney General Lawrence Wasden.

Also present by invitation were Ray Greene (IDFG), Tim O’Leary (ISP), Dwight Johnson (LABOR), John McAllister (LABOR) and Dave Tolman (ITD).

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

Mr. Johnson introduced the items on the consent agenda.

Discussion: Mr. Wasden asked for clarification on the real estate expenses for ITD, item 8. Dave Tolman explained that at the last meeting of the Idaho Transportation Board, that board requested approval by the Board of Examiners to help the new department director with real estate expenditures to sell his home in Minnesota. Mr. Ysursa summarized this as a special exemption from the State of Idaho Moving Policy waiving the six-month employment requirement and allowing the new department director to qualify for real estate expense reimbursement as outlined in the moving policy.

Resolution: 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 June 6, 2003.

2. Boise State University – Approved
    Request for authorization to retroactively approve expenditure of relocation funds of $2,421.79 expended for Dr. Carsten Levy, Post-Doctoral Research Scientist, who continued his participation in an essential project last summer. At that time, CGISS Department agreed to help the Levy’s defray the costs of travel to and from Boise from their residence in Germany. BSU paid the airfare through the purchasing department rather than as a relocation expense even though this expenditure preceded Dr. Levy’s actual employment start date. Departmental local funds were used to purchase the family’s tickets to Boise.

    To correct this oversight and avoid similar problems in fulfilling the university’s agreement to reimburse the Levy’s for their return airfare to Germany, BSU further requests authorization to reimburse Dr. Levy for airfare to return his family to Germany at $4,250.00. Departmental local funds will also be used to purchase the return tickets. Dr. Levy’s employment PCN is 3268 and annual salary is $42,000. Cumulative requested amount is $6,671.79

3. Bureau of Hazardous Materials, Division of Military, Executive Office of Governor – Approved
    Request for authorization to issue deficiency warrants for reimbursement of response costs incurred during June 2003 pursuant to Idaho Code §39-7110.
    ID #
      a. 2003-0524
    Drug Lab
      b. 2003-0648
    Drug Lab
      c. 2003-0649
    Drug Lab
      d. 2003-0807
    Drug Lab
    Winter weather and distance factors in added expense
      e. 2003-1243
    Drug Lab
    Distance a factor
      f. 2003-1273
    Drug Lab
    Four agencies involved
      g. 2003-1391
    Drug Lab
4. Lava Hot Springs Foundation, Department of Parks and Recreation - Approved
    Request for authorization to pay 75 hours compensatory time and earned administrative leave accrued between July and December 2002 by Michael B. Hansen, Maintenance and Operations Supervisor, at Lava Hot Springs. Mr. Hansen accrued these hours during the unusual preparation and operation of the Olympic Swimming Complex last season. His rate of pay is $20.02 per hour.

5. Idaho State Controller’s Office - Approved
    Request approval of amendment to the Board of Examiners’ State Surplus Personal Property Policy pursuant to H013 that became effective July 1, 2003.

6. Attorney General - Approved
    a. Notification that Steven P. Frampton has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the Bureau of Child Support, Department of Health and Welfare.

    b. Notification that Robert L. Shaver of the firm of Dykas, Shaver & Nipper has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of advising and consulting with the Idaho Transportation Department (ITD) concerning intellectual property law as the same relates to the ITD patent on a device known as PICOSTRAIN.

    c. Notification that Jeffrey A. Thomson of the firm of Elam & Burke, PA, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the Idaho Legislature in Bell, et al. v. Cenarrusa, et al., Idaho Supreme Court Docket No. 29226.

    d. Notification that William S. Lerach of the firm of Milberg, Weiss, Bershad, Hynes & Lerach, 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 and the Office of the State Treasurer, Ron Crane, in case of Crane, et al. v. Ebbers, et al., Fourth Judicial District Court, Ada County, Idaho (Case No. Unknown).

7. Idaho State Controller’s Office – Approved
    Request for authorization to pay 80.0 hours of compensatory time to Rocky Bencken, Senior Network Analyst, Idaho State Controller’s Office. This time was accrued from March 1, 2002 to May 3, 2003 attending to unusual demands, i.e. gigabit implementation, serve maintenance, and a tight deadline for web site redesign plus emergency situations such as backup and server failures.

8. Idaho Transportation Department – Approved
    Request for authorization to reimburse real estate expenses up to $9,000 for David Ekern, the new director for the Idaho Transportation Department. This reimbursement will adhere to the State Moving Policy and Mr. Ekern will be required to sign the voluntary resignation agreement.

9. Military Division, Office of the Governor - Approved
    Request to pay $5,152.35 to the State Insurance Fund for workers’ compensation claims for members of the Idaho National Guard during the quarter ending June 26, 2003 pursuant to Idaho Code §72-928.

10. Department of Fish and Game – Approved up to $5,000
    Request for authorization to reimburse moving expenses up to $10,000 to the successful candidate for the Information Technology Bureau Chief vacancy.

Audience with the Board: Ray Greene noted that the position has been offered to a candidate. The department submitted this request during preliminary discussions since they had no idea at that time what may be needed.

Discussion: Mr. Ysursa explained that the subcommittee may approve moving reimbursements up to $5,000; beyond that figure, the board must approve. He further recalled that at one time the board limited reimbursements to 10% of base salary and that reimbursements were limited primarily by the terms in the State Moving Policy; secondarily by the “up to” dollar limit.

Resolution: Mr. Wasden moved to approve this request up to $5,000. Mr. Ysursa seconded the motion. The motion carried with a unanimous voice vote.

11. Idaho State Police – Approved

    Request for authorization to pay overtime to Scientists I, II, and III working under the guidelines of the Crime Scene Response Unit Grants (Byrne grant 02-BYRN-81-FL2 and Byrne grant 02-BYRN-81-FL3). The former grant has been extended from June 30, 2003 to December 31, 2003 with the amount of $19,876.99 and the second grant will start July 1, 2003 and ends June 30, 2004. The total amount is $72,724 including state match.

Discussion: Mr. Wasden clarified that the Byrne grants would pay the overtime and inquired about the cost of out-sourcing compared to in-house work. Tim O’Leary noted out-sourcing DNA testing in the Lynn Heneman case at Boise City, which cost nearly $4,500 for a single test plus additional time for out-of-state work because the state laboratory was shorthanded. In 1999 ISP labs completed about 4,000 forensic tests. In the past six months, the lab has completed 4,200; nearly double the number of tests.

Resolution: Mr. Wasden moved to approve this request. Mr. Ysursa seconded the motion. The motion carried with a unanimous voice vote.

12. Department of Labor – Approved

    Request authorization by the Board of Examiners to use Penalty and Interest monies under Idaho Code §72-1348(b) for the following:

    a. Up to $250,000 for expenditures related to the Governor’s Blue Ribbon Task Force to fund travel and Department of Labor staff support;

    b. Up to $100,000 for State Fiscal Year 2004 Wage and Hour costs in addition to the $50,000 previously approved by the Board of Examiners; and

    c. $18,000 for 2003-2004 membership dues for the department in the National Association of State Workforce Agencies (NASWA).

Discussion: Mr. Ysursa acknowledged that the amount of the dues was a typical amount, although his office disliked this expenditure. Dwight Johnson agreed with the amount and further explained the department’s expenditures for twelve staff members working intensively on the Governor’s Blue Ribbon Task Force over the past eight months. He said that this time could not be charged to federal grants. To date, the department had paid roughly $160,000 for personnel costs and $20,000 for their travel, food and meeting expenses. Since the task force end date was unclear, the department was requesting up to $250,000 for all related task-force expenditures. John McAllister stated that the current balance in the Penalty and Interest account was about $700,000, which could be expended for any lawful purpose. Mr. Johnson further noted that using these funds freed federal dollars for other expenses. He stated that the department was ninety-five percent federally funded and the federal funds had not expanded with the increased demand for the department’s services. Mr. McAllister concluded saying that the governor was aware of this request and supported it.

Resolution: Mr. Wasden moved to approve this request. Mr. Ysursa seconded the motion. The motion carried with a unanimous voice vote.

13. Idaho State Liquor Dispensary

    Notification of Rotary Fund closure for the Idaho State Liquor Dispensary effective June 26, 2003. The State Controller’s Office reported all related transfer transactions had been completed and money returned to the fund from which it was originally drawn.

14. Conference of Public Health Districts
    The District Directors approved the distribution of State General Funds and Millennium Fund for FY2004 as follows. The State General Fund amount included $8,993,800 regular appropriation in H355 plus $172,500 appropriation in H462 for employee benefit costs.

    State General Fund
    Millennium Fund
      a. District 1
    b. District 2
    c. District 3
    d. District 4
    e. District 5
    f. District 6
    g. District 7

15. State Insurance Fund
    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of June 2003.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
      Funds Expended in May 2003
      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 June 2003.
        Estimated expenditure for Petroleum Clean Water Trust Fund
      Funds Expended in May 2003:
      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 9:12 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 01:41:22 PM