STATE BOARD OF EXAMINERS
MINUTES– Regular Meeting
November 5, 2008 – 9:55 a.m.
Borah Post Office Building, 204 N. 8th Street, 2nd Floor Courtroom
The regular meeting of the State Board of Examiners was called to order at 204 N. 8th Street, at 9:55 a.m. 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 Board of Examiners recorded the proceedings of the meeting.
Ms. Jones introduced the consent agenda items.
Discussion: Mr. Wasden gave a statement saying that he had been assured by staff members that the Board of Examiners meeting for the October 16th meeting in Coeur d’ Alene was properly posted. Neither the meeting notice nor the agenda notice had been properly posted. There had been a variety of notices that were posted in various ways including website and e-mail However, the Idaho Public Records Act requires a 5 day meeting notice and a 48 hour agenda notice and requires that the notices and agendas must be posted in a prominent place at the office of the public agency or at the building where the meeting is to be held. Unfortunately that did not occur. The Public Records Act provides that if an action or decision occurs at a meeting which does not comply with the Public Records Act, then those decisions are null and void. No complaint has been filed by the media or the public. This matter has come to the Board internally. With caution, this Board of Examiners special meeting is held to correct the actions taken at the Board of Examiners meeting on October 16. No fine or penalties are appropriate with this matter because no member of the Board of Examiners knowingly conducted or participated in the meeting which violated the Idaho Open Meeting Law.
Resolution: Mr. Wasden moved to approve the consent agenda. Mr. Ysursa seconded the motion. The motion carried on a unanimous voice vote.CONSENT AGENDA
1. Minutes - Approved
Approval of official minutes for the meeting of the Board of Examiners on September 16, 2008.
2. Bureau of Homeland Security, Division of Military - Approved
Date to Board
|Mercury spill, Boise. Children played with and spread the product to other locations, including their homes. |
|Blasting caps found in cabin by children of deceased father while they were cleaning.|
|Occupant received threatening letter in mail with unknown white powder inside.|
|Possible dynamite (determined to be road flares) at Boundary County Landfill.|
|Discovery of military smoke/CS/CN grenades and meth chemicals at location of search warrant.|
3. Department of Health and Welfare - Approved
a. Request to transfer $146,726,850.00 from the General Fund to the Cooperative Welfare Fund #0220 during the second quarter of Fiscal Year 2009.
b. Request for continued approval to pay comp and on-call time worked by medical staff up to $25,000 for fiscal year 2009. The request would be for the following specific job classes as recommended last year by the Division of Human Resources:
Physician, Psych Specialty
Physician, Clinical Director – Institution
Physician, Medical Director
Clinical Specialist (Nurse Advanced Practitioner)
4. Department of Correction - Withdrawn from agenda
a. Update on the status of Idaho offenders who are being housed out of state.
b. Request for an exemption for the IDOC in order that it could pay three types of employees using ONL, without having to seek periodic payment from the Board.
5. Annual Moving Expense Reports
Agency moving expense reports during FY 08.
6. Office of the Attorney General
a. Notification that Timothy J. Stover of the firm of Worst, Fitzgerald & Stover, PLLC, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to Idaho Code §18-8002A, Automatic License Suspension Program.
b. Notification that Lee Radford of the firm of Moffatt, Thomas, Barrett, Rock & Fields, Chtd., 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 the matter of Idaho Department of Labor claim for property damage to building in Idaho Falls.
7. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of August, 2008.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in August, 2008
Workers Compensation Claim Costs
Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of August, 2008.
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in August, 2008:
Resolution: Mr. Wasden also moved to adopt the minutes of the October 16, 2008 meeting for which incomplete notice was given. Mr. Ysursa seconded the motion. The motion carried on a unanimous voice vote.
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 10:05 a.m.
__________/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.