C.L. "Butch"
Secretary of
Brandon D
D Woolf
SCO > Board of Examiners > Board of Examiners Minutes
Borah Post Office Building
204 N. 8th Street, 2nd Floor Courtroom
July 11, 2006

The regular meeting of the State Board of Examiners was called to order at 204 N. 8th Street, Boise, Idaho, at 9:01 a.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following board members were present: Governor Jim Risch, chairman of the board; and Attorney General Lawrence Wasden. Secretary of State Ben Ysursa was absent.

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


Governor Risch introduced the items on the consent agenda. Mr. Wasden moved to approve the consent agenda as recommended in its entirety; Governor Risch 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 13, 2006.
  2. Department of Administration – Approved
    Request for recognition of assignment pursuant to Idaho Code §67-1027 from Charles Goodman to Keith and Glenda Bernhardt
  1. Department of Health and Welfare – Approved item a. and c. Item b. was held for further research by DHR.
    Request for approval to continue to pay compensatory and on-call time worked by medical staff at state institutions for Fiscal Year 2007. This request would be for the following specific job classes:

      Physician, Psych Specialty
      Physician, Clinical Director – Institution
      Physician, Medical Director
      Clinical Specialist (Nurse Practitioner)
    Request for approval to continue the practice of “FLSA coverage” for approximately 90 staff in three institutions, including the following job classes:

      Nurse, Registered
      Nurse, Registered Senior
      Nurse, Registered Manager
      Nursing Services Director
      Nursing Services Director- SHN/ISVH
    Request for $136,539,200.00 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the first quarter of Fiscal Year 2007.

  1. Department of Agriculture – Approved

Request the vacation leave accumulation caps be suspended on Richard Stacey, ISDA Bureau Chief of Shipping Point Inspection, and Michael Cooper, ISDA Bureau Chief of Feeds and Plant Services, through January 31, 2007, pursuant to Idaho Code §67-5334(b).

6. Commerce and Labor – Approved

    Request for approval to use Penalty and Interest monies under Idaho Code §72-1348 for up to $100,000 to support the development and implementation of a new statewide program to assist Idaho’s science and technology companies with technology development and commercialization.

10. Secretary of State – Approved

Request for authorization under Idaho Code §67-910(3), that the Secretary of State charge the same filing fees under the newly enacted Uniform Limited Partnership Act as were charged under the Limited Partnership Act.


Governor Risch introduced item 5 on the regular agenda.

  1. Department of Correction – Approved

Request for declaration of emergency to move additional Idaho inmates to an out-of-state facility and to relocate inmates currently in an out-of-state facility which has issues of overcrowding, pursuant to Section 5 of the Department of Correction’s Fiscal Year 2007 appropriation bill, Senate Bill No. 1457.

Discussion: Mr. Tom Beauclair, Director of the Idaho Department of Correction asked for emergency approval to move 100 inmates out of state due to population growth. The Department of Correction has been functioning at a crisis level for several years. Mr. Beauclair went on to comment that the county jails are operating at about 100 inmates over their committed capacity. There have also been a number of escapes lately in the facility in Kootenai County. The contract would remain the same at $51.00 per inmate per day. Earlier in the year, the Department of Correction moved inmates to Minnesota. The state of Minnesota then asked the CCA facility to remove those inmates, but now that Minnesota can handle 50 more inmates, the Department of Correction would like to send those 50 back to Minnesota.

Governor Risch was unhappy and taken aback by the department’s request, but he understands the state has been operating in a crisis mode. He has had discussions about this issue with Sheriff Rocky Watson of Kootenai County. Mr. Watson was then asked to give some background on the story of the state’s checkered history with Kootenai County.

Mr. Watson noted in 1992 Kootenai County sued the Department of Correction to pick up their sentenced inmates and move them out of the county facility in a timely manner. An agreement was reached on how and when the inmates should be transported, but since then Mr. Watson feels it has been an ongoing effort to deal with the transportation wing of the Dept. of Correction. He also clarified that he does not house state inmates. The state inmates who are housed in the Kootenai County jail are there because they are either recently sentenced by the court, are parole violators, were arrested and returned to the system, or are inmates brought to the jurisdiction to be returned again. Mr. Watson explained statistics that the Department of Correction is running at 1% over capacity, while he is over by 27%.

Governor Risch asked Mr. Watson at what date did he start pressing to have inmates moved.

Mr. Watson’s response was that it has been an ongoing effort. Kootenai County is not one of the hubs of the transportation system, so it is always a long process in requesting to move inmates. Mr. Watson said in February and March of 2006 he brought documentation to the Department of Correction, and was at the point of offering his own van and employees to move inmates in order to take them to another facility.

Governor Risch said he understands the obligations under the suit, and stated this issue cannot go on. After apologizing for making Mr. Watson go through this battle, Governor Risch said it bothers him because he doesn’t want to govern the Department of Corrections through the Board of Examiners. Rather, it should be the legislature who makes the decisions. Governor Risch declared the issue as one needing a long-term solution.

Mr. Dean Cameron, Chairman of the Senate Finance Committee said that during the legislative session they put wording in the appropriations bill issuing RFPs. He clarified he was not informed of the issue in Kootenai County at that time. Mr. Cameron went on to say that the committee’s desire was to have a third party be responsible when legislature is in session. The language in the appropriations bill was worded to require the director to come before the Board of Examiners in the request of an emergency. Mr. Cameron said he does agree with Governor Risch, that a long-term solution should be sought by legislature.

Governor Risch confirmed that the Board of Examiners is certainly an appropriate place for an emergency request when the legislature is not in session, but said his problem is that this request came to the board 90 days after the session, when the information was available during the session. Governor Risch said the situation looks like a manufactured emergency.

Mr. Wasden thanked Mr. Cameron for his testimony, which described the Board of Examiners as a responsible party.

Ms. Maxine Bell, Chairman of the House Appropriations Committee said they don’t have the expertise to manage or micromanage, but they must do the best job possible with what information they have been given. She knows it is a fragile situation, and expressed her regret to leave this issue on Governor Risch and his office.

Governor Risch commented that there aren’t any choices; the state is in an emergency situation. He announced that within the next couple of weeks, he will meet with the parties involved, and will find a solution everyone can sign onto.

Mr. Wasden said the other testifiers indicated the jails are over their commitment capacity and are currently in an emergency situation. He inquired of Ms. Bell if that is her position as well.

Ms. Bell answered that the Department of Correction has been in an emergency position. The people in Idaho must be the safest people in the United States, because everything is done to keep inmates locked up. If the state has inmates who can’t be housed, then it is considered an emergency situation. Ms. Bell said that when the legislature was in session, the changes put in place should have been the tools needed to prevent this emergency.

Governor Risch mentioned statistics show people in Idaho are indeed some of the safest in America. What bothers him most is that because of our population growth and the methamphetamine problem, there is a net gain of 30 inmates per month. Governor Risch had previously asked the Board of Corrections to be present at the meeting, and thanked them for their service to the people of Idaho. He stated he will devise a plan everyone can sign onto and bring Idaho out of the crisis at hand.

Resolutions: Mr. Wasden moved to approve item 5. Mr. Risch seconded the motion. The motion carried by unanimous voice vote.


7. Attorney General

    Notification that Philip H. Robinson, Prosecutor with the Bonner County Prosecutor’s Office 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 case of Andrew P. Slocum Real Property Forfeiture.

    Notification that Muriel M. Burke with the firm of Owens & Crandall, PLLC, has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the Idaho Department of Welfare, Child Support Services in child support enforcement actions on an ongoing basis.

8. Public Health Districts

    Notification of distribution of State Funds for FY 2007 approved by the Conference of District Directors.

District SB 1435 HB 844 Total

    Appropriation General Appropriation Salary
      PHD 1
    PHD 2
    PHD 3
    PHD 4
    PHD 5
    PHD 6
    PHD 7
Total 9,587,800 221,900 9,809,700

9. State Insurance Fund

    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of June, 2006.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
      Funds Expended in May, 2006
      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, 2006.
        Estimated expenditure for Petroleum Clean Water Trust Fund
      Funds Expended in May, 2006:
      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 9:18 a.m.

__________/s/ Jim Risch________
Jim Risch, 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 08/09/2006 08:57:40 AM