C.L. "Butch"
Secretary of
Brandon D
D Woolf
SCO > Board of Examiners > Board of Examiners Minutes
MINUTES – Regular Meeting
November 17, 2009 – 8:55 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 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 of the Board of Examiners on October 20, 2009.

2. Department of Administration - Approved
Request for recognition of assignment pursuant to Idaho Code §67-1027 from Shively Investments LLC to Westfield Plaza LLC.

3. Bureau of Homeland Security - Approved
ID #
Date to Board
Haz Mat
Barge leaking diesel fuel & hydraulic oil into river. In the process of recovering, insurance is involved.11/3/2009
Drug Lab
Suspected drug lab in private residence. In the process of recovering. Respective County Prosecutors have been contacted regarding possible addition to responsible parties’ restitution list if convicted.11/3/2009
Haz Mat
Paid in full
Tug boat leaking diesel fuel into Lake Pend Orielle. In the process of recovering, insurance is involved 11/3/2009
Haz Mat
Vehicle in canal, leaking fuel & oil. In process of recovering, sent to IDOC PO 10/29/200911/3/2009
Haz Mat
Chlorine leak at water treatment plant in Priest River. In the process of recovering, insurance is involved.11/3/2009

4. Health and Welfare - Approved
Request to adjust the transfer of funds from the General Fund to the Cooperative Welfare Fund #0220 in response to the Governor’s 3.3% budget holdback. The total budget holdback for the Department of Health & Welfare is $15,255,600, resulting in an adjusted General Fund appropriation of $447,035,500 for SFY 2010. The November and December transfers have been adjusted from the amounts reported in the September 10, 2009 letter to reflect the budget holdback.
    The following Fiscal Year 2010 General Fund Appropriation to the Department of Health and Welfare adjusted for the 3.3% Budget Holdback:

    House Bill Number 299 $5,171,100
    House Bill Number 313 34,476,200
    House Bill Number 314 254,800
    House Bill Number 315 8,305,400
    House Bill Number 316 16,566,000
    House Bill Number 317 943,600
    House Bill Number 318 10,690,600
    House Bill Number 319 23,435,400
    House Bill Number 320 19,886,100
    House Bill Number 321 24,451,100
    House Bill Number 322 296,348,500
    Senate Bill Number 1199 282,100
    Senate Bill Number 1221 6,224,600

5. Office of the State Controller - Deferred until future consideration by the Board.
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.

Discussion: Mr. Wasden commented that he would like to know the approximate cost this would be for the state. When the federal guidelines are updated the state generally follows them.

Mr. Brandon Woolf answered that at this point, research has not been done. It could be coordinated with the Division of Financial Management. The amount would go from $39 to $46. Based on the current economic situation there is not a lot of out of state travel going on right now. We could go back and reevaluate out of state meals.

Mr. Wasden said that he would like to make that request and to know what those numbers are.

Mr. Ysursa asked Brandon if this was the default federal rate, and there is also another rate by region and city. He commented that it does not necessarily effect as many employees as we think.

Mr. Woolf said it was correct.

Gov. Otter asked why the Board continues to defer this.

Mr. Woolf said that the Controller’s Office is just presenting the information to the Board for the Board’s determination and to let the Board know that the feds did change the rate.

Mr. Wasden said that he would like to request the completed review of this information before the next Board of Examiners meeting. With that information the Board will be able to make a better decision of where to should go with the numbers.

Mr. Ysursa noted that is the default rate. He asked if they also raised the rates in the specific areas as well.

Mr. Woolf answered that he is aware that the specific locations have also changed. A review can be done to compare those city rates as well.

Resolution: Mr. Wasden moved to place item 5 on the agenda for next month’s meeting and have the Subcommittee provide the information requested by the Attorney General and Secretary of State. Mr. Ysursa seconded the motion. The motion carried on a unanimous voice vote.

    6. Ada County - Approved
    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 $5,977.57.

      7. Military Division - Approved
      Request for approval pursuant to Idaho Code §72-928 of payment of worker’s compensation claims for members of the Idaho National Guard, resulting while the soldier was on duty in the amount of $2,487.21.

      8. Department of Correction - Approved
      Request to waive $2,215.59 repayment of moving expenses for former employee Judi Gregory who retired prior to fulfilling the three-year requirement for moving expenses.

      Discussion: Ms. Jones noted that Ms. Gregory retired in August of this year prior to her fulfilling the requirements for reimbursement of moving expenses. The Subcommittee decided that the Board of Examiners has the authority to provide an exemption to the payback and can exempt employees from the policy based upon the nature of their circumstances.

      Gov. Otter said in order for the state to pay back the moving expenses the employee must stay there for 3 years.

      Mr. Ysursa commented that there is an illness involved.


      9. Office of the Attorney General
      a. Notification that Anthony M. Valdez, Valdez Law Office, 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 in the case of Dale Snow and Martha Boyer.

      b. Notification that Lawrence E. Kirkendall, Attorney at Law, 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 Estelle Lieske.

      c. Notification that Mary V. York and Murray D. Feldman of the firm of Holland & Hart, LLP, have been appointed pursuant to Idaho Code §67-1409 as special deputy attorneys general for the purpose of representing and defending the Idaho Transportation Department in legal matters concerning the administrative complaint by the United States Environmental Protection Agency against ITD and Parsons RCI, Inc..

      10. State Insurance Fund
      a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of September, 2009.
          Estimated expenditure for workers compensation claim costs, dividends and premium refunds
        Funds Expended in September, 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 September, 2009.
          Estimated expenditure for Petroleum Clean Water Trust Fund
        Funds Expended in September, 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 9:11 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 01/06/2010 02:29:44 PM