C.L. "Butch"
Secretary of
Brandon D
D Woolf
SCO > Board of Examiners > Board of Examiners Minutes
MINUTES – Regular Meeting
October 20, 2009
Moscow: Student Union Building (6th St. and Deakin) @8:55 a.m. PST
Boise: Idaho Water Center Room #162 (322 E. Front St.) @ 9:55 a.m. MST

The regular meeting of the State Board of Examiners was called to order 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. Controller Donna M. Jones, Secretary to the State 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 the Board of Examiners on September 15, 2009.

2. Bureau of Homeland Security - Approved
ID #
Date to Board
Haz Mat
Diesel spill (semi-truck wreck). In the process of recovering, insurance company is involved.10/9/2009
Explosive materials in a private residence. In the process of recovering, insurance may pay. 10/9/2009

3. Health and Welfare - Approved
a. Request that $122,479,150 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the second quarter of Fiscal Year 2010.
House Bill Number 299
House Bill Number 313
House Bill Number 314
House Bill Number 315
House Bill Number 316
House Bill Number 317
House Bill Number 318
House Bill Number 319
House Bill Number 320
House Bill Number 321
House Bill Number 322
Senate Bill Number 1199
Senate Bill Number 1221
b. Request that $64,950 be transferred from the Drug Court, Mental Health Court & Family Court Services Fund #0340 to the Cooperative Welfare Fund #0220 during the second quarter of Fiscal Year 2010.
House Bill Number 321
$ 256,400
Senate Bill Number 1227
    c. The Department of Health & Welfare has calculated $3,674,000 to be reverted to the State General Fund. The detail of this reversion from the Fiscal Year 2009 General Fund Appropriation is as follows:
    House Bill Number 660
    $ 4,000
    House Bill Number 660
    House Bill Number 653
    House Bill Number 625
    House Bill Number 625
    House Bill Number 647
    House Bill Number 649
    House Bill Number 626
    House Bill Number 646
    House Bill Number 646
    $ 3,674,000
      Discussion: Gov. Otter asked if the Drug Court, Mental Health Court & Family Court Services Fund will be zeroed out.

      Ms. Jones commented that she will look into it.

      4. Office of the State Controller - Deferred until next month for more information
      The Internal Revenue Service increased the federal meal and incidental expense rate on October 1, 2009, from $39.00 per day to $46.00 per day. This item may be voted on at the discretion of the board.

        5. Ada County - Recommend approval with DFM’s collaboration with IDOC on these amounts.
        Request for approval pursuant to Idaho Code 18-2507, for the payment of costs incurred by Ada County for the prosecution of State Penitentiary inmates in the amount of $4,996.76.

        7. Department of Labor - Recommend Approval
        Request to use Penalty and Interest monies under Idaho Code 72-1348 for the following:

        a. $200,000 for State fiscal year 2010 and $200,000 for State fiscal year 2011 for Wage and Hour costs.

        b. $35,000 for reroofing and $63,900 for upgrading the electrical service at the Third Street Annex; $68,900 for remodeling the Mini-Cassia office.

        c. $222,014 for conversion from IdaNet to the Idaho Educational Network.

        d. Up to $100,000 for salary and benefits for Carmen Achabal while working on a project for the Governor’s office.

        e. Up to $350,000 per year to subsidize Career Information Systems.


        6. Idaho Association of Public Health District Directors
        Request for overtime compensation for staff working in H1N1 influenza vaccination locations throughout Idaho. The request is to make a special ruling to allow employees that are in FLSA categories “P”, “A”, and “I” to be paid for overtime in cash at the 1.0. If approved, these employees would be changed temporarily from the period October 15, 2009, through January 31, 2010, to the FLSA code “S”, which would allow the exempt health district employee to be paid for comp time earned.

        Discussion: Ms. Carol Moehrle spoke on behalf of the seven public health districts. She reiterated their request to have a special ruling for exempt FLSA workers to be paid cash for overtime hours worked. She explained that they are just starting the efforts to vaccinate the population and get the vaccine into the people who need it most. At this time there will be staff who will be working overtime. Staff understand that it is necessary to conduct these clinics at nights and during weekends in order to accommodate people who have jobs during the day and need to get a vaccination. Cash compensation for overtime during this period would allow the districts to get the employees back to work. There are about 300 employees that are in this overtime category, which are professionals, IT staff, and administrative staff. If they are accruing this comp time over the next three months, those staff will be off work a great amount of time once finished with the initiative. The health departments also conduct about 30 contracts through the Department of Health and Welfare, passed through the federal government, that also require on-going daily work. To have these staff members accruing comp time and then taking that time off would mean that the districts would fail to reach some of their contract requirements. The cash payout for the comp time would be even more critical. This request has no impact to the state general fund. The compensation for the H1N1 vaccine distribution activities is covered through a contract with the federal government. Local health districts have received about 3.8 million dollars in order to put this vaccine into the arms of Idaho citizens.

        Mr. Brandon Woolf responded to the Board and stated that the State Controller’s Office has been working with the health districts to assist with the processing of this to make sure the internal controls and the tracking and reporting of this project will be taken care of.

        Gov. Otter asked how this request is out of the usual or emergency core mission of the department.

        Ms. Moehrle explained that it does fit in with the mission of public health to vaccinate. The unusualness is the volume it will entail. She noted they do not have the current staff that usually would be able to vaccinate that many people within a window of approximately three months time.

        Gov. Otter commented that the Bureau of Homeland Security has reported that they have a substantial number of volunteers prepared to step in and administer the vaccine. He asked how is that not accounted for out of the usual or emergency.

        Ms. Moehrle said they do account for it, but they just do not have enough nurses or enough of that classification of professional to give the vaccine.

        Gov. Otter asked if the volunteers would be used first, before overtime would be engaged.

        Ms. Moehrle answered yes, or with a mix of the current staff in order to get a large volume clinic done. In Caldwell last weekend, they did more than 2,000 people in one afternoon. It took hundreds of volunteers and staff to accomplish that.

        Resolution: Mr. Wasden moved to approve item 6. Mr. Ysursa seconded the motion. The motion carried on a unanimous voice vote.


        8. Office of the State Controller
        Annual moving expense reports by agency during Fiscal Year 2009.

        9. Office of the Attorney General
        a. Notification that Mary V. York and Murray D. Feldman of the firm of Holland & Hart, LLP, in Boise, Idaho, and Craig D. Galli of the firm of Holland & Hart, LLP, in Salt Lake City, Utah, have been appointed pursuant to Idaho Code §67-1409 as a special deputy attorneys general for the purpose of representing and defending the Idaho Transportation Department (ITD) in legal matters concerning the Thorn Creek Road to Moscow.

        b. Notification that Bart D. Browning of the firm of May, Sudweeks & Browning, Twin Falls, Idaho, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the Idaho Department of Health & Welfare, Child Support Services in child support enforcement actions on an ongoing basis.

        10. State Insurance Fund
        a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of August, 2009.
            Estimated expenditure for workers compensation claim costs, dividends and premium refunds
          Funds Expended in August, 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 August, 2009.
            Estimated expenditure for Petroleum Clean Water Trust Fund
          Funds Expended in August, 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 10:19 a.m. MST

        __________/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 12/03/2009 03:06:44 PM