C.L. "Butch"
Secretary of
Brandon D
D Woolf
SCO > Board of Examiners > Board of Examiners Minutes
August 7, 2001 – 8:45 a.m.
JRW East Conference Room

Members Attending:
      Lt. Governor Jack Riggins,
      representing Governor Dirk Kempthorne, Chairman of the Board
      Secretary of State Pete Cenarrusa
      Attorney General Al Lance
      State Controller and Secretary of the Board J. D. Williams

Sub-Committee Members Attending:
      Brian Whitlock, Office of Governor
      Ben Ysursa, Office of Secretary of State
      Keith Johnson, Office of State Controller

Visitors Attending:
      Rachel Gilbert
      Brian Jaynes, Deputy Attorney General
      Steve Kenyon, Office of State Controller



Request for authorization to trade in some old printing equipment for new Heidelberg printing equipment to be used in the college’s graphic arts/printing technology program, instead of selling it in a bid situation. Heidelberg has agreed to pay a trade-in value of $12,000 toward the new equipment and has agreed to remove the old equipment at no charge.

    Request for authorization to reimburse moving expenses up to $7,500 for Dr. Rodney Hill, Assistant Professor for the Department of Animal and Veterinary Science, effective September 4, 2001, from Queensland, Australia to Moscow, Idaho. The Sub-Committee gave approval for $5,000 for this open position in March 2001. This will be from non-appropriated state funds.

        Request for authorization to use $18,000 Penalty and Interest monies under Idaho Code 72-1348(b) to pay 2001/2002 membership dues for the Idaho Department of Labor to the National Association of State Workforce Agencies (NASWA).

      August 7, 2001
      Page 2


      4. Request for authorization to lift the vacation cap for David Summers, acting supervisor for Kamiah Office and Private Forestry Specialist, until December 31, 2001. Mr. Summers is currently performing two jobs until the new department reorganization is implemented in October. In addition, the fire danger is very high in his district this year, which will impact his annual leave accrual because of the overtime required for these emergencies.

      5. Request for authorization to (1) pay accrued compensatory time for thirteen employees who participated in the recent Tussock Moth spray project. (2) Also request approval to pay for future overtime accrued by exempt employees who continue to work overtime to complete the project.

      Bureau of Hazardous Materials Report for July 2001
      ID #
      Taken to boe
      Nitro Glycerin left in house
      Gold miner left nitro in house and left town
      Drug Lab
      Drug Lab
      Drug Lab

        Request for approval of National Guard Reimbursement billing for Compensation and Medical payments in the amount of $5,118.48 for the quarter ending June 30, 2001, pursuant to Idaho Code 72-928.

      August 7, 2001
      Page 3

        Request for recognition of assignment as executed by Assignor Eric Bowman of Soda Springs, Idaho and Nyle and Cheryl Tanner of Rexburg, Idaho for transfer of interest in the real property lease of the State of Idaho, by and through Idaho State University as Lessee and Lessee’s occupancy of 139 W 2nd South, Soda Springs, Idaho, pursuant to Idaho Code 67-1027.


      12. Notification that Peter C.K. Marshall of the firm of Marshall, Batt & Fisher has been appointed as a special deputy attorney general for the purpose of representing the Idaho Petroleum Clean Water Trust Fund (IPCWTF) in a potential litigation between the IPCWTF and the Petroleum Marketers’ Association (PMA), pursuant to Idaho Code §67-1409.

      13. Notification that Richard A. Skinner of Skinner Fawcett Law Offices has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in the Issuance by Idaho Water Resources Board of $26,775,000 in Water Development Revenue Bonds at the request of United Water Idaho, Inc. and United Waterworks, Inc., pursuant to Idaho Code §67-1409.

      14. Notification that Michael J. Kane of the firm of Anderson, Kane & Tobiason has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho Board of Registration of Professional Engineers and Professional Land Surveyors in the Lee v. Greer and Burch, IPELS Docket No. 01.06, pursuant to Idaho Code §67-1409.

      15. Notification that Jeffrey M. Wilson of the firm of Wilson & McColl has been appointed as a special deputy attorney general for the purpose of representing Counterdefendant Patricia Roberts in the Roberts v. Alis, Case No. CIV-01-0180-2-BLW, pursuant to Idaho Code §67-1409.
        16. Notification that Jack H. Robison of the firm of Jones Chtd. Has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in the Voth v. Idaho State Department of Health and Welfare, Case No. CV-OC-01-01273-B, pursuant to Idaho Code §67-1409.

        August 7, 2001
        Page 4

        Lt. Governor: I will call this meeting of the State Board of Examiners to order and will turn it to Mr. Secretary, State Controller.

        State Controller: Mr. Chairman, we have on the agenda today sixteen items on the Consent Agenda that have been reviewed by the Board’s Sub-Committee and recommended for approval by the full Board.

        Attorney General: I don’t have any questions.

        Secretary of State: I don’t have any questions.

        Attorney General: Mr. President, I would move the adoption of the Consent Agenda.

        Secretary of State: I will second it.

        Lt. Governor: Is there discussion on that motion? All those in favor say aye.

        Aye: Lt. Governor
          Secretary of State
        Attorney General

        Opposed, the ayes have it. The Consent Agenda has been adopted.


        17. IDAHO INDUSTRIAL COMMISSIONRachel Gilbert; Blair Jaynes, Deputy Attorney General
          The Sub-Committee members recommend approval of 88.2 hours sick leave to be transmitted to PERSI for payment of health insurance premiums. Idaho Code 67-1023 prohibits the Board of Examiners from addressing claims beyond two years.
          Request for an unused sick leave credit for former Commissioner Rachel Gilbert, earned during the period she served on the Industrial Commission.

        State Controller: Mr. Chairman, we have on the agenda one Regular Item and one Informational Item. The Regular Agenda item is from the Idaho Industrial Commission and is a claim from a former commissioner, Rachel Gilbert, for unused sick leave she earned while a member of the Industrial Commission. The Board’s Sub-Committee when they met last week recommended approval of 88.2 hours of sick leave, which information would be transmitted to PERSI and there would be a payment from the Industrial Commission for the premium on that which would purchase health insurance. This is not the full amount of the claim but there is a statute that says claims have to be submitted to the Board of Examiners within two years of when they accrue. So they Sub-Committee went back two years and computed that amount of money. Senator Gilbert is here and would like to discuss this with the Board. Also we have Blair Jaynes who is a Deputy Attorney General from the Industrial Commission.

        Lt. Governor: Welcome to the Board of Examiners.

        Rachel Gilbert: Mr. Chairman, I am not sure of the procedure here so you may have to direct me.

        Lt. Governor: I would only ask to be concise in your points.

        Rachel Gilbert: Mr. Lt. Governor, Mr. Cenarrusa, Mr. Lance, and Mr. Williams, thank you for this opportunity to be here. Perhaps you would like just a little bit of information as to what the problem is at the Industrial Commission, and I am hopeful this will be addressed in the statutes this year. It all started back in 1993 when the old commission addressed annual and sick leave accrual. They signed a memorandum that annual and sick leave would not be accrued by the commissioners at the Industrial Commission. Apparently the reason this took place is because there had been a lot of sick people over there, or a lot of people who had taken unearned sick leave. If you will recall Mr. Larry Jackson had cancer and for six months he was left on the payroll, although he had not earned that sick leave. Mrs. Richardson came over as a commissioner and she was 8 ½ months pregnant and 8 or 10 weeks later – so she had used 8 or 10 weeks of unearned sick leave. So they signed this memorandum that annual and sick leave would not be accrued by the commissioners. I wasn’t aware of this memorandum, and I presume you have that in your packet – I wasn’t aware of this until about a week or so ago when I was talking to Joe Hunter, who was with the Division of Building Safety. I remarked to him, I said, you know, the benefits the state employees receive is really pretty great. I said I am now looking at paying $150.00 a month for my sick leave. And he said, why would you do that, you are never sick, why don’t you take your unused sick leave and pay for these premiums? I wasn’t aware that was even possible. So I inquired of our director, Mr. Stivers, and said can I do that? He said, there is an old memorandum signed back in 1993 that the commissioners wouldn’t do that. So my position is why should a memorandum, which is not statutory, it is not an IDAPA rule, it has no basis for denying a commissioner for what I think I deserve. This not only affects me. It affects three other commissioners who are coming on behind me. When they retire if they haven’t used their sick leave, I think we should be treated like any other employee, nothing more, nothing less. I wasn’t aware of this two year that you can’t come back against the state, so I am here today hopeful that you will approve this. I have kept careful records. I not only have it in my calendars but I have it in my log, which I keep at the end of every month. I think in the last two years I have had four sick days so I think I deserve to have those, and that is why we are here today asking for consideration. I would also hope that you are looking at a statute that will require the commissioners to keep track of their sick leave and their vacation time. Because as it is, you know, people come and go, and I think the commissioners are the only people in the state that handle their sick leave and their vacation time in this manner, so I think something needs to be done. But in the meantime, I am asking you for special dispensation on this matter.

        Lt. Governor: Questions of Ms. Gilbert? I would have one question. The issue of the two years, you are aware of the section of code that…

        Rachel Gilbert: I am now. The Auditor’s Office came over with a copy of that statute and it says you can’t come against the state if it is more than two years. My only concern is, and I may check into this further, I just wanted to see what you are going to do with this today – but it seems to me that I have been misled to my own detriment by a memorandum that I wasn’t even aware of until about a week ago. I don’t know if ignorance has anything to do with this or not, but frankly I think I should have the 6 ½ or 6 years, or whatever it is, that I haven’t used because only 15 ½ days in 6 ½ years, it seems to me I deserve that, but I do understand there is a statute and I haven’t explored that any further.

        State Controller: One additional piece of information, the reason it came up is because, as you know, we have on our payroll stubs a section that deals with leave. Elected officials also do not accrue. I think we accrue sick leave, but we don’t accrue annual leave. The commissioners had been turned off by the commission so there was never anything ever showing as accrued.

        Rachel Gilbert: Mr. Williams, would you speak louder so I could hear you, please?

        State Controller: Sure. Senator, our payroll stubs have a data field for accrued sick leave and accrued annual leave. That had been turned off by the commission. I recognize you did not realize that but as we examined it, it appeared that would have given notice that nothing was accruing as you looked at your payroll stub every two weeks. That is why it is an issue.

        Lt. Governor: Is there not for all state employees a limit of the amount of sick leave that can be transferred when they separate for the insurance?

        State Controller: There is a certain percentage. I think Ben is very familiar with it.

        Ben Ysursa: Mr. Chairman, I believe the total amount you can take over is ½ of what you have up to 600 hours for long time employees. If you have 1,200 hours of sick leave, you can take 600 to pay health insurance premiums. That is what this is all about.

        Attorney General: Maybe J. D. knows the answer to this, but how do we deal with judges?

        State Controller: I believe judges accrue. Steve Kenyon, who is Director of Statewide Payroll can probably answer that for us.

        Steve Kenyon: Mr. Chairman, the judges are on a separate payroll than the regular state employees, but they do accrue. The issue of those salaries that are set by code is an issue that needs to be addressed, the commissioners and judges in particular. The elected officials we think we have based on an 1986 Attorney General’s Opinion. We are pretty clear on that. But the issue with those others whose salaries are set by code is still pretty uncertain.

        Attorney General: Mr. President, I think as most of us are aware, it has been the policy of the legislature to pay commissioners such as Senator Gilbert based upon the judges pay, so there is a tracking there. It seems to me that we ought to be treating them the same whether we agree or disagree with the policy. I happen to disagree with the pay portion of that, but that is a whole different issue. But if that is the legislative intention of the Idaho Legislature, it seems to me we ought to treat these folks like we treat judges, which would lead me to conclude that we ought to accept the recommendation of the Sub-Committee.

        Lt. Governor: Is that a motion?

        Attorney General: Yes, sir.

        Secretary of State: Seconded.

        Lt. Governor: Discussion on the motion? All those in favor say aye.

        Aye: Lt. Governor
        Secretary of State
        Attorney General

        Opposed, no. The ayes have it and the recommendation of the Sub-Committee has been adopted.


        18. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of July 2001.
            Estimated expenditure for workers $10,000,000.00
            compensation claim costs, dividends
            and premium refunds

          Funds Expended in June 2001:
            Workers Compensation Claim Costs $ 7,468,791.17
            Dividend 69,969.10
            Commissions 167,075.76
            Policy Refunds 106,722.65
                                Total $ 7,812.558.68
        19. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft or the month of July 2001.

            Estimated expenditures for $750,000.00
            Petroleum Storage Tank Fund
          Fund expended in June 2001:
            Payroll $ 50,454.41
            Operations 8,362.91
            Claim Costs 219,190.32
            Total $ 278,007.64

        State Controller: We have two items dealing with the State Insurance Fund for expenses and balances that under statute they are required to report to us each month. That would conclude the agenda.

        WHEREUPON THE MEETING OF THE STATE BOARD OF EXAMINERS was adjourned, subject to the call of the Chairman.

                                    ____________________________________Lt. Governor Jack Riggs
                                    Representing Governor Dirk Kempthorne,
                                    Chairman of the Board

        J. D. Williams, Secretary to the Board
        and State Controller
        Page last updated on 07/12/2006 02:26:28 PM