C.L. "Butch"
Otter
Governor
Lawerence
Denney
Secretary of
State
Lawrence
Wasden
Attorney
General
Brandon D
D Woolf
State
Controller,
Secretary
SCO > Board of Examiners > Board of Examiners Minutes
STATE BOARD OF EXAMINERS
MINUTES – Regular Meeting
November 18, 2008 – 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 at 204 N. 8th Street, Boise, Idaho, at 8:55 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.

CONSENT AGENDA

1. Minutes - Approved
Approval of official minutes for the meeting of the Board of Examiners on November 5, 2008.

    2. Bureau of Homeland Security, Division of Military - Approved
    ID #
    Description
    Amount
    Comments
    Date to Board
    2007-00020
    HazMat
    $4,899.05
    White powder in a mailed envelope at the Ada County Courthouse.
    10/31/2008
    2007-00026
    HazMat
    $2,034.51
    Meth lab & meth chemicals.
    10/31/2008
    TOTAL
    $6,933.56

    3. Department of Health and Welfare - Item a. – approved. Item b. – deferred until next month
    a. Request that $203,300.00 be included as part of the Fiscal Year 2008 State General Fund Reversion. This addition brings the total amount of the reversion to $2,958,600.00.

    b. Request for approval of two performance bonuses in FY2008 for Cindy Schreiner with the Council for the Deaf and Hard of Hearing.

    Discussion: Gov. Otter asked Ms. Jones what the history was behind request 3. b.

    Ms Jones answered that Ms. Schreiner was acting director for the Council and she did such an outstanding job that they presented her with a bonus. Later, the new director came and also gave her another bonus.

    Mr. Steve Olsen explained that Ms. Schreiner’s initial bonus was for $2,000, which is the maximum allowed under state law. When the new director came, to acknowledge Ms. Schreiner’s good work, gave her a $1,600 bonus, not realizing that the maximum had already been achieved for the Fiscal Year 2008. When the agency recognized that error, they had two choices. One was to ask her to return the $1,600, or to allow an exception for her from the Board of Examiners. The representative from her agency stated that she would be entitled to a $1,600 bonus for Fiscal Year 2009, and to say that for 2009 the most to give her would be another $400. Rather than having her return the money and then turn around and give it right back to her, they are asking for an exception from the Board of Examiners that would allow her to receive the extra bonus for Fiscal Year 2008 with the express understanding that she would receive no more than $400 for Fiscal Year 2009.

    Gov. Otter said he was concerned that she was given two bonuses for the same period of time. Just because the bonus might be moved from one Fiscal Year into the next Fiscal Year does not change the statutorial limitation on $2,000 bonuses.

    Mr. Olsen commented that the Board of Examiners does have the authority to give the exception on the bonus if the Board allows it. He explained that this was an error the Council has recognized themselves.

    Gov. Otter said he would like to delay item 3. b. until next month to look into the situation more thoroughly.

    Resolution: Mr. Wasden asked to withdraw his previous motion for adoption of the consent agenda, and to make a new motion to adopt the consent agenda less item 3. b. which will be brought back to the Board next month. Mr. Ysursa seconded the motion. The motion carried on a unanimous voice vote.


    4. Department of Vocational Rehabilitation - Deferred until next month
    Request an exemption of $62,546 of state funds resulting in a holdback of 1.49 percent for IDVR.


    5. 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 $2,416.83.


    INFORMATIONAL AGENDA

    6. Office of the Attorney General
    a. Notification that John A. Bailey, Jr. of the firm of Racine, Olson, Nye, Budge & Bailey, 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 Walker Produce, Inc. involving the University of Idaho, Idaho Potato Commission, and Idaho Department of Agriculture.

    b. Notification that Peter C. Erbland of the firm of Paine Hamblen, LLC, 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 Hatheway v. University of Idaho, et al.

    c. Notification that Robert Smith of the firm of Smith, Freed & Everhard, PC, in Portland, Oregon, 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 Farms Ins. Co. of Oregon a/s/o Kimberly Clark v. Smith, et al.

    d. Notification that John A. Bailey, Jr. of the firm of Racine, Olson, Nye, Budge & Bailey, 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 Sadid v. Idaho State University, et al.


    7. State Insurance Fund
    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of September, 2008.
      Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $18,000,000.00
    Funds Expended in September, 2008
    Workers Compensation Claim Costs
    $10,688,647.19
    Dividend
    2,514,917.67
    Commissions
    0
    Policy Refunds
    517,166.37
    Total
    $13,720,731.23

    Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of September, 2008.
      Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
    Funds Expended in September, 2008:
    Payroll
    75,960.31
    Operations
    9,351.16
    Claim Costs
    66,198.82
    Total
    $151,510.29

    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 9:02 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.

    Page last updated on 12/17/2008 03:07:53 PM