C.L. "Butch"
Otter
Governor
Lawerence
Denney
Secretary of
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Lawrence
Wasden
Attorney
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Brandon D
D Woolf
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SCO > Board of Examiners > Board of Examiners Minutes
MINUTES
STATE BOARD OF EXAMINERS
August 20, 2002 – 8:45 a.m.
JRW East Conference Room

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

Sub-Committee Members Attending:
      Brian Whitlock, Office of Governor
      David High, Office of Attorney General
      Keith Johnson, Office of State Controller

Visitors Attending:
Stephen C. Brown, Attorney, Ellis, Brown & Sheils, Chartered
Jennifer Crank, and her Mother, Janice
David Tolman, Department of Transportation
Dean Lynn Russell, Boise State University
John Martin, Boise State University

CONSENT AGENDA

1. Approval of minutes for July 9, 2002 State Board of Examiners.

    2. DEPARTMENT OF TRANSPORTATION
      Request for authorization to lift the vacation cap for Bryan Brown until October 26, 2002. Bryan was hired from Boise State University and his vacation balance at BSU that was transferred (233.9 hours) exceeds the vacation maximum allowed for a classified state employee with less than 5 years of service, which is 192 hours. ITD will work with Bryan to reduce his balance to below the authorized cap by October 26.

    3. BOISE STATE UNIVERSITYDean Joyce Garrett, College of Education

    Request for authorization for an exception to State Policy VI by allowing reimbursement to Dr. Sharon Darling for transporting her vehicle with the moving company, and to reimburse additional moving expenses of $255.05 for the vehicle transport. This position was approved for moving reimbursement of up to $5,000 by the Sub-Committee in July, 2002, and this request would bring the total reimbursement to $5,255.05. Dr. Darling is a new member of the Elementary Education and Specialized Studies Department faculty and is traveling from Atlanta, George to Boise, a distance of approximately 2,200 miles. She is a single woman and is uncomfortable driving such a long distance by herself.


      DEPARTMENT OF CORRECTIONS Terri Tomisser, Human Resource Specialist
    4. Request for authorization to pay PERSI the 8% interest portion charged on any delinquent contributions for five (5) training specialists employees who were incorrectly coded for the Rule of 90, when they were eligible for the Rule of 80. The employees were reinstated to the Rule of 80 in February, 2002 but they have a debit adjustment to pay back to PERSI by February 1, 2003, to get them caught up to the Rule of 80. Department of Corrections would like to pay the 8% interest portion charged on any delinquent contribution not paid by PERSI’s deadline of February 1, 2003, for up to one (1) year. If the employee still has an open balance after February 1, 2004, the employee will then be responsible for the interest charged at that point forward. They also requests approval to pay the employees the additional return on investment percentage amount of money they would have accrued had the correct amount been in their accounts, along with any gain sharing losses they did not receive due to having less monies in their accounts at the time gain sharing was calculated.

      5. Request for authorization to lift the vacation accrual cap until November 1, 2002 for Correctional Officer Manuel Quintal. Due to the current staffing situation, he is unable to take an extended amount of vacation until October, 2002. He will take 3 weeks vacation in October and should have his vacation drastically reduced by November 1.


      6. MILITARY DIVISION
        Request for authorization to pay 267.0 hours compensatory time to Ms. Lynn Slappey, accrued while she was performing her new role in the development of the Federal Obligation Tracking System for the Air National Guard’s Civil Engineering Squadrons. It is not possible for Ms. Slappey to take the comp time off, and she has reached her maximum annual leave accrual. The Federal Government is willing to provide the funds to pay for the comp time.

        DIVISION OF VETERANS SERVICES
      7. Request for authorization to recognize a FY 2003 miscellaneous expenditure of $170.00 to properly replenish funds stolen from the Veteran’s Home petty cash account. The door and padlock to the safe have been re-keyed to safeguard against this happening in the future.


      8. Request for authorization to lift the vacation accrual cap for six (6) months for Joyce Ritchie, Shipping/Receiving Clerk. This employee fulfills a critical function and is responsible for ensuring that all supplies (with the exception of those for the dietary unit) for the facility are ordered, received and delivered, which includes critical medical supplies needed for resident care. She shares these duties with her supervisor, the storekeeper, who is currently off work with a back injury. In his absence, Ms. Ritchie will have to conduct her own duties, as well as fill in for duties conducted by the storekeeper. During this temporary situation it will be very difficult for her to use much leave.


      9. BOARD OF PHARMACY
        Request for authorization to assign four state vehicles to the following positions at the Board of Pharmacy:
          Field Inspectors (2 vehicles)
            Three Field Inspectors assigned to different areas of the state, performs inspections of community pharmacies, hospital pharmacies, long term care facilities, veterinary drug outlets and other retail outlets. One Field Inspector provides their own vehicle.

          Chief Compliance Officer (1 vehicle)
            Spends the majority of time in the field assisting the other compliance officers, particularly in Western Idaho, with more technical issues, store remodels, opening, closings and complaints.

          Controller Substance Diversion Investigator (1 vehicle)
            Responsible for the entire state for investigating the diversion of controlled substances from drug outlets e.g. pharmacies, hospitals, long term care facilities, by practitioners, etc.

        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 JULY 2002
      ID#
      Description
      Amount
      Comments
      E-Mailed
      Taken
      19. 2002-0847
      Drug Lab
      $ 578.63
      Typical
      7/26/2002
      8/15/2002
      20. 2002-1105
      Drug Lab
      $ 735.87
      lab in vehicle
      7/26/2002
      8/15/2002
      21. 2002-1106
      Drug Lab
      $ 602.32
      lab in vehicle
      7/26/2002
      8/15/2002
      22. 2002-1230
      Drug Lab
      $ 1,693.32
      Typical
      7/12/2002
      8/15/2002
      23. 2002-1238
      Drug Lab
      $ 709.15
      lab in vehicle
      7/24/2002
      8/15/2002
      24. 2002-1282
      Drug Lab
      $ 1,154.39
      Typical
      7/26/2002
      8/15/2002
      25. 2002-1295
      Spill
      $ 1,279.58
      Vehicle Accident
      7/24/2002
      8/15/2002
      26. 2002-1386
      Drug Lab
      $ 847.88
      Typical
      7/26/2002
      8/15/2002
      27. 2002-1501
      Drug Lab
      $ 681.66
      Typical
      7/26/2002
      8/15/2002
      28. 2002-1559
      Drug Lab
      $ 732.40
      Typical
      7/26/2002
      8/15/2002
      29. 2002-1562
      Drug Lab
      $ 523.40
      Typical
      8/8/2002
      8/15/2002
      30. 2002-1627
      Drug Lab
      $ 994.20
      Typical
      7/26/2002
      8/15/2002
      31. 2002-1734
      Spill
      $ 347.22
      55 gal. Drum in yard
      8/9/2002
      8/15/2002
      32. 2002-1772
      Spill
      $ 682.57
      spill of unknown origin in rest stop
      8/8/2002
      8/15/2002
      33. 2002-1844
      Drug Lab
      $ 438.60
      Typical
      8/8/2002
      8/15/2002
      34. 2002-1869
      Drug Lab
      $ 904.56
      Typical
      7/26/2002
      8/15/2002
      35. 2002-1974
      Drug Lab
      $ 1,312.28
      Typical
      7/26/2002
      8/15/2002
      36. 2002-2062
      Drug Lab
      $ 4,188.11
      Typical
      7/12/2002
      8/15/2002
      37. 2002-2179
      Drug Lab
      $ 443.17
      Typical
      7/26/2002
      8/15/2002
      38. 2002-2278
      Drug Lab
      $ 189.83
      Typical
      8/9/2002
      8/15/2002
      39. 2002-2316
      Drug Lab
      $ 348.02
      Typical
      8/9/2002
      8/15/2002
      40. 2002-2338
      Drug Lab
      $ 763.06
      Typical
      8/9/2002
      8/15/2002
      41. 2002-2380
      Drug Lab
      $ 2,163.78
      Typical
      8/9/2002
      8/15/2002
      42. 2002-2385
      Drug Lab
      $ 1,010.90
      Typical
      8/9/2002
      8/15/2002
      43. 2002-2423
      Drug Lab
      $ 2,577.64
      Typical
      8/9/2002
      8/15/2002
      Total
      $25,902.54

      35. MILITARY DIVISION
        Request for approval of National Guard Reimbursement billing for Compensation and Medical payments in the amount of $5,522.60 for the quarter ending June 30, 2002, pursuant to Idaho Code 72-928. This billing has been reviewed by staff and the costs are ongoing expenses to existing claims.


      DEPARTMENT OF ADMINISTRATIONRECOGNITION OF ASSIGNMENT

      36. Request for recognition of assignment as executed by Assignor Cowboy Oil, c/o Roger Hancock, Pocatello, Idaho, and Assignee Steve or Susan Isaak, American Falls, Idaho, for a real property lease regarding the State of Idaho, by and through the Idaho State Police as “Lessee” and Lessee’s occupancy of 209 East Lewis, Pocatello, Idaho, pursuant to Idaho Code 67-1027.

        37. Request for recognition of assignment as executed by Assignor Debjen, Inc., Weiser, Idaho, and Assignee Barry Schroeder, Payette, Idaho, for a real property lease regarding the State of Idaho, by and through the Department of Liquor Dispensary as “Lessee” and Lessee’s occupancy of 134 N. Main, Payette, ID 83661, pursuant to Idaho Code 67-1027.

        38. Request for recognition of assignment as executed by Assignor Hubble Engineering, Inc., and Assignee Idaho Survey Group, P.C., both of Meridian, Idaho, pursuant to Idaho Code 67-1027, for the following projects:

            DPW Project #99063 – SICI: Medical Center Contract, dated January 31, 2002
            DPW Project #02216 – BSU: New Residence Hall Contract, dated May 2, 2002


        39. DEPARTMENT OF HEALTH AND WELFARERECOGNITION OF ASSIGNMENT
          Request for recognition of assignment as executed by Assignor A-1 Investments, LLC, Boise, Idaho, and Assignee Idaho Central Credit Union, Chubbuck, Idaho, for a lease agreement dated October 1, 2001 for the leasing of office space located at 200 North 4th Street, Boise, Idaho, pursuant to Idaho Code 67-1027.


        ATTORNEY GENERALNOTIFICATION OF SPECIAL DEPUTY ATTORNEY GENERAL APPOINTMENTS

        40. Notification that Martin C. Hendrickson of the firm of Moore, Baskin & Parker has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in the Westergren v. Boise State University, et al., Case No. CIV 02-281-S-MHW, pursuant to Idaho Code §67-1409.

        41. Notification that John R. Goodell of the form of Racine, Olson, Nye, Budge & Bailey has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in the Pamela Clarke v. Idaho State University and State Board of Education, Case No. CV-OC-02-01302C, pursuant to Idaho Code §67-1409.

        42. Notification that Michael E. Kelly of the firm of Howard, Lopez, Kelly & Woychick has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in the Laursen, et al. v. State of Idaho, Department of Transportation, Case No. CV-02-05131M. pursuant to Idaho Code §67-1409.

          43. Notification that Charles A. Miller and Thomas S. Williamson of the firm of Covington & Burling in Washington, DC have been appointed as a special deputy attorneys general for the purpose of representing the State of Idaho in the Matter of the Decertification of Idaho State School and Hospital, pursuant to Idaho Code §67-1409.

          44. Notification that Wynn R. Mosman of Mosman Law Offices has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in the cases before the Industrial Commission, Bostick v. Baker, IC No. 01-508249 and Luther v. American Building Maintenance, Inc., IC No. 01-509956, pursuant to Idaho Code §67-1409.



          Governor: I call upon the State Controller as Secretary of the Board for his report.

          State Controller: Governor, the Board’s Sub-Committee met again this month and reviewed the numerous items that are on the agenda. The first 44 of the items on the agenda are on the Consent Agenda and their recommendation is that these items be approved by the full board.

          Governor: Is there discussion?

          Secretary of State: Governor, I move the approval of the Consent Agenda.

          Attorney General: Second.

          Governor: Moved and seconded. Is there further discussion? If not, those in favor please say aye.

          Aye: Governor
              Secretary of State
              Attorney General

          Opposed, nay. The ayes have it. So carried. We have before us the Regular Agenda.



          REGULAR AGENDA
            THE RECOMMENDATION OF THE SUB-COMMITTEE MEMBERS IS TO DENY THE CLAIM BECAUSE MR. MORRIS IS NOT ELIGIBLE UNDER IDAHO CODE 67-2028. THE BOARD CAN CONSIDER SEEKING CLARIFICATION OF LEGISLATIVE INTENT AND IF THE ORIGINAL INENT WAS TO ALLOW THIS KIND OF PAYMENT TO OCCUR UNDER THIS SECTION OF THE CODE, THE SUB-COMMITTEE MEMBERS WILL WORK TO CHANGE THAT AND MAKE IT RETROACTIVE TO COVER MR. JAY MORRIS.

          45. DEPARTMENT OF TRANSPORTATIONDavid Tolman, Controller
            ELLIS, BROWN & SHEILS, CHARTEREDStephen C. Brown, Attorney
            Request for authorization of death benefits to the family of pilot Jay Morris who was killed March 12, 2002 in a plane accident while transporting a Juvenile Corrections officer and a juvenile prisoner, pursuant to Idaho Code 67-2028. While the pilot of the plane is not classified as a police officer, or corrections officer, he was performing the duty of transporting a juvenile prisoner.

            Stephen C. Brown, Attorney, represents Jennifer Crank, the 17 year-old daughter of Jay Lee Morris.



          46. BOISE STATE UNIVERSITY Dean Lynn Russell, College of Engineering
            (1) Request for authorization to reimburse additional moving expenses of $3,000 for Dr. Borinara Park, Tenure Track Faculty, Construction Management. This position was approved for a moving allowance of up to $5,000 by the Sub-Committee in July, 2002, and this request would bring the total reimbursement to $8,000.
            (2) BSU is also requesting approval to make an exception to State Policy VI by allowing reimbursement to Dr. Borinara Park for transporting his vehicle with the moving company. Dr. Park accepted the position on short notice, which made it impossible to move 2,400 miles across country within the limited timeframe. The College of Engineering, Construction Management, will provide funding from its local funds for the additional charges.


          State Controller: Governor, there are two items on the Regular Agenda. The first involves the Department of Transportation and here for the department is Dave Tolman, originally from Bancroft but now he is the Controller of the department. He also used to work for me when he first got out of college and he has done very well. This is regarding a claim for benefits for the pilot of the plane that was killed in an unfortunate accident on March 12 carrying by air a juvenile prisoner on behalf of the Department of Juvenile Corrections. Also appearing is Steve Brown, from the Ellis, Brown & Sheils Chartered Law Firm on behalf of the family. I believe he represents the 17-year old daughter of the deceased, Jay Lee Morris. The recommendation of the Sub-Committee is to deny the claim because they felt that Mr. Morris was not eligible under the reading of Section 67-2028 of the Idaho Code. They did indicate that the Board could consider seeking clarification of legislative intent and if the original intent was to allow this kind of payment beyond the traditional definition of a law enforcement officer that there could be a subsequent recommendation that the code could change to cover situations like this.

          Governor: Any comments from the members of the Board? Dave, do you wish to address the Board?

          David Tolman: Governor, members of the Board, we submitted this request back the first part of May and had the Sub-Committee look at it. They gave time for both the attorney, as well for as the department, to write information. In the statute there are three requirements to receive a claim. One, they have to be a state employee – which he was – must be killed in the line of duty, and must be either a certified peace officer or correctional officer. It doesn’t say that you must be employed by the Department of Corrections, or by the state police, or any law enforcement type agency so my director in his request felt this should broadly applied in that he was killed in the performance of his duty acting as transporting of juvenile offenders, and that this statute would apply in this case. So we made a request based on that. That is what we are here for is to look at the statute, look at the application of the exact same event that cost the lives of two state employees. One was granted his claim. The other one is pending before you now. The real difference is where he was employed. They were doing the exact same activity at the time of both their deaths.

          Governor: Questions or comments?

          Attorney General: I understand Steve Brown is here representing I believe, Jennifer Crank, the daughter. Maybe we ought to hear from him as well.

          Governor: Steve, welcome.

          Stephen C. Brown: Thank you, gentlemen of the Board, Governor. Mr. Lance, Mr. Cenarrusa. I think you are familiar with most of the facts of this situation. There are a couple of things that I think are important to consider from a factual standpoint. One is that roughly one half of Jay Morris’ activity as a pilot for the Department of Transportation involved transporting juvenile offenders, those in custody of the state, throughout the State of Idaho. It wasn’t something he did sporadically and occasionally. It constituted, according to Bob Martin at the Division of Aeronautics, at least 50% of his activities. The aircraft that he flew in this endeavor was out of service for repairs or reconstruction from last fall through January. So he didn’t fly juveniles during that period, but he had been doing so for a number of years and he resumed this in February and had a number of flights before he died. I would also like to point out that Jennifer Crank, who is here with her mother, Janice, is a 17-year old daughter of Jay Morris. She would be the beneficiary if the death benefit is authorized under the statute. She lives with her mother, was supported by her father, and was very close to her father. She will be a senior at Emmett High School. There is another older sister who is in her 40’s, Chris Solstrum, who lives over in Pocatello and works for Idaho State University. Jay Morris had no life insurance and Jennifer will receive approximately $1,700.00 in Worker’s Compensation benefits as a result of her father’s death.

          The statute that we are looking at does not define who is a peace officer, detention officer or correctional officer so you can’t look at the code and see really who that is really meant to cover. A peace officer is defined in the Idaho Code, or at least enumerated, in one code section to include sheriffs, constables, marshals, and employees of the city or county police department. Jay Morris cannot be considered a peace officer but the terms detention or correctional officer are not defined in the statute, and not only that, as best as I can determine, are not defined in the Idaho Code. It is necessary to go outside the code to determine who falls within those categories. In order to do so I think there are two things that we need to do. One, we have to look at the intent of the legislature enacting this statute. Then we also have look at some rules of reasonable statutory construction when there is some doubt of a term in a statute. The legislative history, which the Attorney General has recorded in their memo, is that this legislation originally arose as a result of the death of two peace officers in Jerome who were killed in the line of the duty. The testimony from Mr. Kane of the Sheriff’s Association, who introduced the bill, involves peace officers. The fact that people within law enforcement face more danger than the average public employee, and that the risk of early death is greater for them than it is for other people. When the legislation was enacted, though, it didn’t just include peace officers, sheriffs, and policemen. It also brought within its gamut those people who are involved on a regular basis with our correctional system dealing with people who have been adjudicated in custody in the state, or adult offenders. So the risk of those people was recognized too. That is the legislative history. This statute is designed to protect the interest of those people who are involved in dangerous aspects of law enforcement as detention and correction officers, or police officers. As to whether Jay Morris fit this classification - first of all, construing the statute there are a couple of things I need to look at. First of all, a statute should not be construed, if possible, to result in an absurd or unjust result. Secondly, a statute – and the courts have developed these words of construction for agencies and clerks that are construing statutes – but a statute which is enacted for a remedial purpose to confer a benefit should be literally construed to promote that benefit, to promote justice, rather than being very strictly construed like a criminal statute, which is designed to take somebody’s rights away. With that in mind, I think the approach that this Board should take in evaluating this situation is to look at what are the duties the state employees was performing on a regular basis, rather than who is he employed by, what was his classification, his job description. The question is, what was he doing, what was the public employee doing. And if those activities involve on a regular basis the administration of our justice and correctional system, particularly if they are front line duties dealing with offenders on a day-to-day basis, which really is what correction and detention officers and police officers do. Then if that person died in the performance of those duties furthering the purpose of - in a situation where they faced those increased risks of law enforcement officers then the Board should determine that that person for the purpose of this statute is a detention or correction officer. In this situation half of his job required flying juvenile offenders that had been adjudicated and work in law around the State of Idaho. Transporting offenders is well recognized as one of the most dangerous jobs in law enforcement. In fact, the Department of Corrections, if they are transferring adult offenders can actual refer peace officer status on those who are transporting the officer. PERSI also recognizes a hazardous law enforcement duty category that would include law enforcement activities.

          Governor: Steve, could you hold just one minute. General.

          Attorney General: Thank you, Governor. I think we are kind of at a limited time frame.

          Stephen C. Brown: Okay. And I don’t want to go on. I realize you have a busy agenda.

          Attorney General: I guess the point blank question is to my knowledge there is no evidence to indicate that the young person that was being transported in any way interfered with the flight or tried to over power anybody or anything of that nature. Is that yours understanding?

          Stephen C. Brown: I don’t think there is any indication, no record of that one way or the other.

          Attorney General: And I think we are dealing here with a statute that you have correctly pointed out in your – and you quite a good advocate, that needs a little definition. As an example, my attorneys who were traveling to litigate a criminal case obviously under your theory of this case, could be construed to be engaged in law enforcement. I don’t think that the legislature intended that.

          Stephen C. Brown: I don’t think that would…

          Attorney General: We could argue about that but let me just say that I think this statute really indeed needs to be looked at by the legislature. If we intend to extend it to situations similar to this, I think I need direction from the legislature, or we need direction from the legislature. I think what they had in mind, Steve, to be real honest is that if someone who meets a violent end as a result of their performance of their duty. We need to have the question answered – I think the Board does – are we talking about police officers who may just drop over from a heart attack while they are driving or having lunch, or whatever else. Did they really indeed for them to be treated differently like this. And all these questions are out there. So let me say to you, and to Jennifer – Jennifer, I flew with Jay on several occasions. He was a great, great man in my opinion, and a great pilot. I had every confidence every time I flew with him. I think if intellectually I could justify voting in favor of this, I certainly would. But I can’t right now given the status of the law. My suggestion is that we go back to the legislature and we ask them to clarify, ask them specifically about Mr. Morris’ situation and I would certainly be an advocate for clarification and if they chose at that point in time to indicate that they intended for Jay to be covered by this, I wish you the best. But intellectually I can’t bring myself to vote for this and establish a precedent that I don’t think was intended by the legislature. My heart goes out to you. He was a great man and a great pilot and I enjoyed my association with him, but I can’t vote to grant this. That is what I had to say.

          Governor: Other comments? Mr. Secretary.

          Secretary of State: Governor, this accident is up before the MTSV now in Seattle. They don’t have a decision yet. There is some thought the aircraft broke up in the air from turbulence. I understand it just came out of maintenance. I don’t know whether there is any other liability and if the state is self insured, I suppose the plane is insured for liabilities and so that is another avenue. I can rationalize with you and with the Attorney General, however I think the legislature should take a look at this and perhaps it should be deferred until the legislature takes a look at this. In my mind I think the pilot was more responsible in delivering that young man to Boise than even the corrections officer because he was in control of the airplane. Why did the airplane break up, or did it break up, or was there something faulty on it? The MTSV will come out with some kind of a decision. We don’t have that yet. My feelings are with you and the young lady. The Attorney General has spoken to the law and the legislature didn’t broaden it so, Governor, I would like to see this go before the legislature.


          Governor: Let me make a couple comments too. I find myself personally involved with this because in the course of the last few years I came to know Jay very well. There were many hours that we spent together in a plane. I know him more as an employee, I know him as an individual as well, a great individual. I look at all the information that we have including – and I will just point to this. We have a letter from Ed Strickfaden, who is the director of the Department of Law Enforcement, who says, Mr. Morris was a pilot for the Idaho Transportation Department and does not appear to fall under the description of eligible public safety officers. Does not appear. I understand, Steve, your comments and I understand how you are properly representing Jennifer at a time of great loss and what that means to the family. I think that the Secretary of State and the Attorney General make a good point. We are now trying to interpret what this is, if, in fact, there is a gray area and does that gray area apply here? If we make a determination and we do set a precedent there is nothing to preclude the legislature in reviewing this and determining what was their intent because I believe, General, you said the first time this was before us that we need to have clarification by the legislature.

          Attorney General: Yes, sir.

          Governor: There is nothing to preclude the legislature from making their action retroactive. If we rule then we provide perhaps one more element of how they ultimately would make a determination. If, in fact, we hold this and ask the legislature to make their determination and to render their clarification and further definition, that may be in the best interest both of the system for not setting a precedent that was not intended, but also for the family. That is how I am feeling this right now.

          Stephen C. Brown: Governor Kempthorne, I appreciate that and we certainly would like to see that done. I guess my question is who requests this, who moves it forward? Jennifer is a senior in high school. She doesn’t have the resources to be proposing legislation, lobbying the legislature or whatever this requires. Is there a suggestion?

          Attorney General: Governor, I would move that the Board of Examiners request of our legislature at the next legislative session clarification of this statute.

          Secretary of State: Second.

          Governor: Moved and seconded. That would answer the question. Further discussion? If not, those in favor please say aye.

          Aye: Governor
              Secretary of State
              Attorney General


          Opposed, nay. The ayes have it. So carried.

          Jennifer, again, to you and your family I speak as a friend of Jay. I too miss him. I speak as the Chief Executive saying we have to follow a course of action that is appropriate and proper that we fulfill what was the intent and therefore we gain further clarification so that we know exactly what the intent is and go from there. Thank you both for being here.

          Stephen C. Brown: Governor, do I understand there would then not be a ruling on this today, up or down? It would be subject to what may come out of the legislature?

          Governor: Yes. Mr. Secretary, if you want to make a motion, but the intent as I understand it would be we would just hold this and we would then make the request to the legislature. I think to the extent too it would be good to have the MTSV’s findings as well so there is not this question. I am also just going to say, I am sorry for all three individuals who are lost. We focus upon the correctional officers, we focus upon whether or not Jay was in a capacity as a correctional officer or any officer of the justice. We also just want to remember there is a 16 year old boy that perished in this too. And that all of it was tragic.

          Attorney General: Governor, I would request unanimous consent that the Board of Examiners hold this until after the legislature has an opportunity to review it. Without objection.

          Governor: So ordered. Thank you very much. Mr. Controller.

          State Controller: Governor, we have another item on the Regular Agenda. It is a request from Dean Lynn Russell from the College of Engineering on behalf of Boise State University to request authorization to reimburse additional moving expenses of $3,000 which were expenses above and beyond what had previously been allowed of $5,000 standard policy of the Board due to some unusual circumstances that developed. I believe Dr. Dean Russell is with us today to review it with us.

          Governor: Dean, thank you for being here.

          Dean Lynn Russell: Governor, we have a construction management program in the College of Engineering. That’s the only construction management program in the State of Idaho. There is also one in Wyoming. But it is fundamental to our support of the construction industry in the state. You may recall we talked with Vice Minister Channel in our trade mission about construction and education that we were doing on an international scale and invited them to collaborate with us on that. Since I have been here we have had a need for a person in construction management that is a specialist in computer techniques. The construction industry is moving into that and we have found a person that is a specialist in this area. He has capabilities way beyond what we have been doing in the past and he will help lead the program forward with new techniques of 3-D visualization and excavation techniques using computerized analysis which will fine tune the estimating processes and so on. So he is very uniquely qualified and this the type of individual that we have been looking for five years. In order to attract him we would like to have authorization to provide one time funding above the minimum to support his moving here. His salary level is lower than national norms because of our situation so this would be a one time expense and we would just ask for approval or authority to support him with this one time expense because we think he will be a tremendous asset to us in all of our programs.

          Governor: Questions or comments? General.

          Attorney General: Dean, how many applicants did you have for this job?

          Dean Lynn Russell: This is John Martin, who is head of the department.

          John Martin: In Construction Management when we ran our ad we received 16 applicants for the job. Quite honestly, and I want to say this, I came here from Texas A&M University to take over as chair of Boise State University’s construction program last year and I can tell you that I converse with people all over the nation and there are very few construction management P.H.D.’s in this country. To have 16 applicants doesn’t sound like very many, however Texas A&M University had three of them leave this year and they had fewer than 12 applicants. So to get these people to come to Boise State or any other university is very, very competitive. This gentleman we are talking about has a PHD in construction management. He also has a Master’s in Civil Engineering and a Bachelor’s in Civil Engineering from Soule, Korea. So this gentleman has great assets for what he is taking. Many other universities would like to hire him and our only competitive edge would be this moving expense. We can’t offer this guy the kind of salary that Texas A&M would offer or any of these other great universities could offer. But we can say we have this gentleman signed as an employee at Boise State with a promise of whatever work we can expect for the necessity to move the construction industry forward.

          Attorney General: Well, you have a wonderful program and I am certain that this gentleman is well qualified, but he took the job without the promise of the additional $3,000 as I understand it. Am I wrong?

          Dean Lynn Russell: He has had to move here already because the session started yesterday so he is here. (skip in tape) It will be paid from University funds but some of them come fees….so all we are asking is authority to spend that money for this purpose.

          Governor: Let me ask also again to just reiterate do we not have as part of this that if a professor were to leave before a set period of time then there is some obligation and commitment that they would restore the funds?

          Brian Whitlock: Yes, that is the case. If it is a year they repay 100% and two years…..

          Governor: General, let me compliment you because I think you have been consistent and tenacious on this. I don’t think different agencies enjoy coming here to ask for this extension. They know we try to hold it at $5,000. The individual is here so in all reality we could deny this because he is here. But as you continue to fill other positions in the future with outstanding people like this individual I think our credibility is very important so that they know when you make an offer that you can back it up. You know the offer needs to be within certain confines. I am glad that Dr. Park is here. I am glad that we have the program. I appreciate your comments and, too, I think the General has helped us to keep a lot of this within the confines of fiscal constraint. Mr. Secretary, are you prepared for a motion?

          Secretary of State: As I understand this is not coming from appropriated funds.

          Dean Lynn Russell: That is correct.

          Secretary of State: I would move the approval.

          Governor: Is there a second? Second. Those in favor please say aye.

          Aye: Governor
          Secretary of State

          Opposed, nay.

          Nay: Attorney General

          The ayes have it. Thank you. Anything else Mr. Controller?


          INFORMATIONAL AGENDA

          47. OFFICE OF SECRETARY OF STATE
            Notification of the 2002 Election Campaign Fund Distribution. The biennial distribution from the Election Campaign Fund occurred on August 6, 2002. The check for the Reform Party has been held because a Central Committee person could not be identified.
                      Republican $43,573.00
                      Democrat $34,047.00
                      Libertarian $ 3,596.00
                      Constitution $ 3,106.00
                      Reform $ 2,034.00
                      Natural Law $ 2,027.00
                      Total $88,383.00


            STATE INSURANCE FUND

          48. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of July 2002.
              Estimated expenditure for workers $ 10,000,000.00
              compensation claim costs, dividends
              and premium refunds

            Funds Expended in June 2002:
            Workers Compensation Claim Costs $ 6,796,140.16
              Dividend 22,684.77
              Commissions 1,504,252.14
              Policy Refunds 168,955.36
                                  Total $ 8,660,987.79

            49. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft or the month of July 2002.

                Estimated expenditures for $ 750,000.00
                Petroleum Storage Tank Fund
              Fund expended in June 2002:
                Payroll $ 54,903.61
                Operations 6,352.44
                Claim Costs 115,538.46
                Total $ 176,794.51
              50. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of August 2002.
                  Estimated expenditure for workers $ 10,000,000.00
                  compensation claim costs, dividends
                  and premium refunds

                Funds Expended in July 2002:
                Workers Compensation Claim Costs $ 7,183,240.50
                  Dividend 8,737.66
                  Commissions 10.89
                  Policy Refunds 188,026.54
                                      Total $ 7,380,015.59

              51. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft or the month of August 2002.

                  Estimated expenditures for $ 750,000.00
                  Petroleum Storage Tank Fund
                Fund expended in July 2002:
                  Payroll $ 55,186.57
                  Operations 176,133.46
                  Claim Costs 320,572.94
                  Total $ 551,892.97


              State Controller: Governor, we have some items on the Informational Agenda from the Secretary of State’s Office. He may want to review that. It is the campaign check-off, tax check-off, for campaigns.

              Secretary of State: It is all before you right there for a total of $88,383.00. It is based upon the vote for the Governor and the Republican Governor got more votes than the Democrat Governor. It is broken down – Republican, Democrat, Libertarian, Constitution, Reform, and Natural Law as stated here. We do this every year on the check-off list. It appears to be coming down all the time but the taxpayer has the ability to check-off on the tax form the box for donation of a $1.00 to a political party. The total amount is $88,383.00.

              Governor: Any comments on that or questions?

              State Controller: Governor, the other items are from the State Insurance Fund on various balances they are required to give us. One last item, I would like to take a moment to recognize Phyllis Richards, our secretary. She does an incredible job. She makes it easy for us to do this, working with the Sub-Committee and all the paperwork. She is here at 6:30 every morning and works very hard. I may not get this chance to do this again so I appreciate what you do.

              Phyllis Richards: Thank you.

              Governor: We all add our accolades to that as well. Thanks, Phyllis, for all you are doing. We appreciate you. Anything else to come before the Board of Examiners? If not, 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 of the Board
                and State Controller
                Page last updated on 07/12/2006 01:48:05 PM