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SCO > Board of Examiners > Board of Examiners Minutes
November 12, 2002 – 12:45 p.m.
JRW East Conference Room

Members Attending:
      Governor Dirk Kempthorne, Chairman of the Board
      Secretary of State Pete Cenarrusa
      Acting State Controller Keith Johnson

Member Absent:
      Attorney General Al Lance

Sub-Committee Members Attending:
      Brian Whitlock, Office of Governor
      Ben Ysursa, Office of Secretary of State
      Steve Kenyon, Office of State Controller
Visitors Attending:
      David Tolman, Idaho Transportation Department
      Gene Bleymaier, Boise State University
      Mike Waller, Boise State University
      Gary Broker, Department of Health and Welfare
      Dyke Nally, State Liquor Dispensary
      Ken Winkler, State Liquor Dispensary


1. Approval of minutes for October 8, 2002 State Board of Examiners.

    Request for authorization to reimburse moving expenses up to $10,000 for a new director of ITD. The ITD Board is currently conducting a nationwide search for a new director. They will follow the Moving Policy and will use only as much of this request as necessary. They also understand the new director will need to sign the agreement concerning accepting moving expenses and payback specifications if they voluntarily resign within the time period.


    Request for authorization to pay compensatory time accrued during assignment at the National Governor’s Association Conference for the following FLSA Exempt employees: The funds to defray these expenses are being provided by “Team Idaho” from private sponsorship and donations.

                Employee Comp Hours
                Steve Agte 30.0
                Charlie Justus 41.0
                Gary Hompland 29.5
                Blake Phillips 30.5
                Doug Petersen 42.0
                Jon Heggen 35.0
                Paul Sommerfeld 26.0
                Chris Wright 59.0
                Scott Reinecker 36.0
                Al Nicholson 43.0


The Internal Revenue Service announced the standard mileage rate would be 36.0 cents per mile effective January 1, 2003, down from 36.5 cents per mile for 2002. The Sub-Committee members recommend changing the state mileage rate to 36.0 cents per mile effective January 1, 2003 to be consistent with the IRS.


    Request for authorization to issue deficiency warrants for reimbursement of response costs incurred, pursuant to Idaho Code 39-7110.
5. 2002-2187
$ 1,349.66
Possible toxic exposure
6. 2002-2829
Drug lab
$ 518.13
Meth lab in dumpster
7. 2002-2994
Drug lab
$ 759.30
8. 2002-2988
Drug lab
$ 828.00

    Request for recognition of assignment as executed by Assignor Arteco Holdings and Assignee Pressley 99LTD, both of Boise, Idaho, for a real property lease regarding the State of Idaho, by and through the Board of Medicine as ‘Lessee” and Lessee’s occupancy of 1755 Westgate Drive, Boise, Idaho, pursuant to Idaho Code 67-1027.

    Request for approval of National Guard Reimbursement billing for Compensation and Medical payments in the amount of $5,142.60 for the period July 1 through September 30, 2002, pursuant to Idaho Code 72-928.


11. Notification that David Lee, attorney for the State Insurance Fund, has been appointed as a special deputy attorney general for the purpose of representing the State Insurance Fund in a collection case, State Ins. Fund v. Watson, case No. CV-SC-02-01741M, pursuant to Idaho Code §67-1409.

12. Notification that Michael J. Kane of the firm of 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 (Board) in a complaint received by the Board against John Hammond, pursuant to Idaho Code §67-1409.

13. Notification that Rinda R. Just, Attorney at Law, has been appointed as a special deputy attorney general for the purpose of representing the interests of the Public Employee Retirement System of Idaho in the following contested cases before the Retirement Board, pursuant to Idaho Code §67-1409.
      In the matter of the disability retirement application of Roy Applewhite, Case No. CC02-02;
      In the matter of the disability retirement application of Alvin Wayne Petty, Case No. CC02-03;
      In the matter of the disability retirement application of Linda L. Erickson, Case No. CC02-05;
      In the matter of the disability retirement application of James Pfost, Case No. CC02-04;
      In the matter of the disability retirement application of Kenneth King, Case No. CC02-01;
      In the matter of the disability retirement application of Dean Parrish, Case No. CC02-06.

14. 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 State Insurance Fund – Hume v. Deranleaus of Lewiston, Inc., SIF No. 200015788; IC No. 00-032385, pursuant to Idaho Code §67-1409.

Governor: I will call upon the State Controller, Keith Johnson, to provide us with the report as Secretary of the Board.

State Controller: Thank you, Governor, and members of the Board. The Sub-Committee met last week and created the agenda that is currently before you. There are 14 items on the Consent Agenda which we present to you for your approval.

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

Governor: I would second that. Is there discussion? If not, those in favor please say aye.

Aye: Governor
      Secretary of State

The Sub-Committee members recommend approval of the requests on the Regular Agenda.


Request for authorization to reimburse moving expenses up to $12,000 for Scott Sandel, Head Volleyball Coach, from Marquette, Michigan. Only one approved moving vendor, North American Van Lines, services the Marquette, Michigan area. The lack of service to the area contributed to the cost of the move, and also the fact that Scott began work immediately and was unable to return to Michigan to help move his family. All expenses of the move fall within the guidelines of the State Moving Policy and will be funded by the Athletic Department’s local account.

State Controller: Items #15-17 are on the Regular Agenda. The first item, #15, comes to us from Boise State University. It is a request for moving expenses up to $12,000 for a new head volleyball coach. The Sub-Committee met and discussed this item. There are members from Boise State Athletic Department here today to represent the University if you have questions. The recommendation from the Sub-Committee was to approve this.

Governor: Mr. Bleymaier, would you like to make any comments and it gives us an opportunity to congratulate all that has taken place at BSU and Fresno State. You have a great record going.

Gene Bleymaier: Thank you, Governor, and Board. In July we lost our head volleyball coach unexpectedly. We went out for a national search and hired the head coach from Northern Michigan, Mr. Scott Sandel. He had approximately ten days to get to Boise and we feel very fortunate to have secured his services. Obviously we are not able to salary-wise offer the highest salaries in the country, and moving expenses are very important to a coach looking to accept a position here at Boise State. We, as is our custom, told him we felt we could take care of his moving expenses from Northern Michigan. He came out immediately and started coaching the team, left his family there for several months, so we request approval. We do have the funds to cover this in local finances.

Governor: To underscore that, this is not the General Fund.

Gene Bleymaier: Correct.

Governor: And what is the record of the volleyball team?

Gene Bleymaier: The football team is doing well. You have to understand he got here four days before practice started so this isn’t his fault. Our volleyball team is struggling and we would hate to cause him more harm to the program at this time.

Governor: Mr. Secretary.

Secretary of State: Governor, Boise State has really put Idaho on the map. I was telling Ben two weeks ago that I would have put them in the top 25 football team. With that, Governor, I move to the approval.

Governor: Second that. Further discussion? If not those in favor please say aye.

Aye: Governor
      Secretary of State

Governor: Gene, congratulations, and to Scott, we welcome the Coach.

    16. DEPARTMENT OF HEALTH AND WELFARE - Gary Broker, Deputy Controller, Division of Management Services

    Request for authorization to pay 644.5 hours compensatory time to Shannon Barnes upon separation from state service. Ms. Barnes accumulated the comp time during assignment to several major automation projects over the past several years. Her vacation cap had been removed and she was unable to take time off and still maintain the required schedules for the projects. The alternative would be to place Ms. Barnes on comp time leave until the balance is eliminated.

    State Controller: Item #16 comes from the Department of Health and Welfare. It is a request to pay accrued comp time to Shannon Barnes. Gary Broker is here on behalf of the agency and he may want to follow up with some comments.

    Gary Broker: This is a request to pay comp time. Shannon has been working about three years now on various projects, all of which always has the headlines that we can’t do without. She has her vacation time up to the maximum and added the comp time on top of it. She is talking about resigning now so it is an opportunity to pay off the comp time or we will have to give her comp time leave which will cost us another $7,000 for the amount of time and benefits.

    Governor: Gary, as I understand this we are following a procedure that is in place, the rules that are in place. Your recommendation having worked with, I believe the Controller’s Office and others, allows us to meet the state’s obligation but is the most economically efficient way for the state to meet that?

    Gary Broker: Correct. It allows us to pay off what she has earned without stretching it out over the amount of time when she would earn additional benefits.

    Governor: Mr. Secretary, any questions?

    Secretary of State: Governor, I would move the approval of the most economical way.

    Governor: I would second that. Those in favor please say aye.

    Aye: Governor
      Secretary of State

    Gary, thank you very much. Dave (Tolman) the reason I asked you to stay a moment, I noticed Item #2 that is a request for authorization of up to $10,000 for a new director of ITD. We are undertaking a national search at this time. I note that because rather than coming in after the fact I appreciate that you have anticipated that this may be a reality and so you have put it right up front. I appreciate that.

    Dave Tolman: Thank you.

    17. STATE LIQUOR DISPENSARY - Ken Winkler, Executive Financial Officer
      Request for authorization to pay 398.5 hours accrued compensatory time to Daniel GreenSky, Supply Operations Supervisor. Mr. GreenSky has worked to reduce his comp balance since the Board of Examiners notice in July, 2002, but has not been entirely successful with reduction of only 59 hours in a four month period. He also currently has vacation and EAL balances. As the Liquor Dispensary enters their busiest time of the year it is unlikely Mr. GreenSky will be unable to take time off.

    State Controller: Item #17 is a similar request as #16, and it is from the State Liquor Dispensary request for authorization for 398.5 accrued comp hours. I believe Dyke and Ken are here to represent the Dispensary.

    Dyke Nally: Governor, and members of the Board. This is a request to have Dan GreenSky, who is our supervisor at the warehouse – actually a working supervisor – to be able to pay his comp time. He has earned that over the last couple years because we have such an increase in sales and with no additional employees out there. Right now Mr. GreenSky has over 200 hours vacation and EAL accrued on top of that. He very often has to work on Saturdays and holidays to get the shipments to the stores. We ask that we be able to pay that off. We have been working with the Division of Human Resources and have come up with a plan to reclassify the positions in the warehouse that will actually make them do some of the work that Dan does now so he can avoid any more comp time to this extent.

    Governor: Tell me this too. Is it cost efficient in this situation where we have had a good employee put in the additional time versus having someone else who is there?

    Dyke Nally: Governor, I think this is the only way we can do it because he just doesn’t have time to take it off. It will be more cost efficient the way we are going to do it from now on because we will actually push some of that overtime he is now putting in, it will put it down on the lower paid employees and hopefully avert this situation.

    Secretary of State: Governor, I would move the approval.

    Governor: I would second that. Those in favor please say aye.

    Aye: Governor
    Secretary of State

    I would like to make this comment. With all of these employees who have received the additional comp time, we thank them for the additional work they have put in. I think it reflects on the quality of our workforce that they are willing to put in the additional hours and it is appreciated.

    State Controller: There are two items on the Informational Agenda and I have one follow-up item. Items #18 and #19 from State Insurance Fund. Let me just say that after 32 years of dedicated service to the State of Idaho Phyllis Richards recently announced her retirement. I wanted the Board to be aware of that and to publicly thank Phyllis for the work that she has done on behalf of this Board. We make it look real easy because the agendas are all prepared and the minutes are kept well. As Secretary of the Board, I don’t do that work. It is done by Phyllis and we certainly want to express our heartfelt appreciation for work she has done on behalf of the Board, and to the State of Idaho over the past 33 years.

    Governor: My goodness, you have seen lots of changes. You have seen the members of this group come and go. You are one of the stalwarts.

    Phyllis Richards: It has been fun.

    Governor: Will this be your last meeting?

    Phyllis Richards: Yes.

    Governor: We thank you so much. Thanks for your 33 years of wonderful service to the state and the professionalism, and also doing it in such a friendly manner too. Thank you.

    18. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of October 2002.
        Estimated expenditure for workers $ 10,000,000.00
        compensation claim costs, dividends
        and premium refunds
        Funds Expended in September 2002:
      Workers Compensation Claim Costs $ 8,136,992.84
        Dividend 1,481.57
        Commissions 8,721.92
        Policy Refunds 138,742.62
                            Total $ 8,285,938.95

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

        Estimated expenditures for $ 750,000.00
        Petroleum Storage Tank Fund
        Fund expended in September 2002:
        Payroll $ 55,301.15
        Operations 4,370.29
        Claim Costs 164,517.44
        Total $ 224,188.88

    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

    Keith Johnson, Acting Secretary to the Board
    and Acting State Controller
    Page last updated on 07/12/2006 01:47:09 PM