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
Minutes

December 10, 2002 – 9:00 a.m.

Joe R. Williams Building, East Conference Room



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

Sub-committee Members Attending:
Brian Whitlock, Office of Governor
Ben Ysursa, Office of Secretary of State
Steve Kenyon, Office of State Controller

Visitors attending:
J.D. Williams, retired State Controller
Lawrence Wasden, Office of the Attorney General


CONSENT AGENDA

MINUTES – Approved

1. Regular Board of Examiners’ meeting minutes for November 12, 2002.

ATTORNEY GENERAL - Approved

2. Notification that Randall A. Peterman of the firm of Moffatt, Thomas, Barrett, Rock & Fields 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 Department of Agriculture, in a bankruptcy adversary proceeding (Hopkins v. Agri-Store Co., et al., U.S. Bankruptcy Court, District of Idaho (Twin Falls), Adversary Proceeding #02-6289).

3. Notification that Phillip S. Oberrecht of the firm of Hall, Farley, Oberrecht & Blanton has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of providing legal advice and counsel to the Idaho Industrial Commission related to surety bonds for self-insured employers.

4. Notification that Wynn R. Mosman of the firm of Mosman Law Offices 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 before the Idaho Industrial Commission of Kenneth Cox v. City of Sandpoint, SIF No. 200105593; IC No. 01-503230.

5. Notification that Greg H. Bower, James K. Dickinson, and Sherry A. Morgan of the Ada County Prosecutor’s Office have been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorneys general for the purpose of representing the State of Idaho and the Idaho State Police in a property forfeiture case.

6. Notification that Wynn R. Mosman of the firm of Mosman Law Offices has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho and the State Insurance Fund in the case of Marianna Ponce v. Kootenai Tribal Develop. Corp., SIF No. 20010126; IC No. 01-003183.

7. Notification that Wynn R. Mosman of the firm of Mosman Law Offices has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho and Idaho Industrial Commission in the case of Knopes v. Ray J. White & Sons, Inc., SIF No. 200216156; IC No. 02-015803.

8. Notification that Jay F. Rosenthal of the Boise County Prosecuting Attorney’s Office 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 Moscow Police Department case No. 02-02879 - alleged misappropriation of client trust monies by Craig W. Mosman

IDAHO FISH AND GAME DEPARTMENT – Approved

Request for authorization to reduce the credits for the following vendors for the amounts stated for a sum total of $2,598.69. These credits occurred when temporary licenses lacked required information and could not be posted completely on the department’s point-of-sale machine (POSM). As a result, the collected fees were posted as a credit to the vendor.

9. Lochsa Lodge (Vendor #2455) for total of $612.50

10. Gateway Lodge (Vendor #3233) for total of $1,986.19

BUREAU OF HAZADOUS MATERIALS - Approved

Request for authorization to issue deficiency warrants for reimbursement of response costs incurred during November 2002, pursuant to Idaho Code 39-7110.

ID#
Description
Amount
Comments
E-mailed
Taken
11. 2002-2909
Drug lab
$288.11
Found in dumpster
10/11/02
11/22/02
12. 2002-3120
Drug lab
305.64
Lab in vehicle
10/11/02
11/22/02
13. 2002-3203
Drug lab
1,134.26
Abandoned on BLM land
10/11/02
11/22/02
14. 2002-3376
Drug lab
809.26
Typical
10/11/02
11/22/02
15. 2002-3444
Drug lab
968.00
Two vehicles in police compound
10/11/02
11/22/02
16. 2002-3679
Drug lab
511.60
Typical
10/11/02
11/22/02
17. 2002-2820
Spill
2,766.47
Ruptured fuel tank on truck
12/2/02
12/4/02
Total
$6,783.34
DEPARTMENT OF CORRECTION - Approved

18. Request for authorization to pay 83 hours accrued compensatory time to Alan Gergen, Correctional Training Specialist. Mr. Gergen incurred a PERSI debt of approximately $1300.00 due to a period of time when his retirement Rule of 80 was changed to Rule of 90. This was an administrative action and not an action that Mr. Gergen was responsible for. The Board had previously agreed for the department to pay any interest accrued on the balance of this debt if not paid off by March of 2003. Using this compensatory time payoff would relieve the department of that accumulated interest payment and facilitate Mr. Gergen’s payment of this PERSI debt.

Acting Secretary of the Board Johnson briefed the board on the eighteen consent agenda items, which were considered by the subcommittee and recommended for approval. Secretary of State Cenarrusa moved to approve all consent items; Attorney General Lance seconded the motion. The motion carried by unanimous voice vote.


REGULAR AGENDA

None


INFORMATIONAL AGENDA

Acting Board Secretary Johnson briefed the board about the items on the Information Agenda. No board action was required.

STATE INSURANCE FUND

19. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of November 2002.

    Estimated expenditure for workers compensation claim costs, dividends and premium refunds
$10,000,000.00
Funds Expended in November 2002:
Workers Compensation Claim Costs
$7,478,023.96
Dividend
795.21
Commissions
1,702,471.95
Policy Refunds
132,094.86
Total
$9,313,385.98

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

    Estimated expenditure for Petroleum Storage Tank Fund
$750,000.00
Funds Expended in November 2002:
Payroll
$55,338.18
Operations
12,444.24
Claim Costs
114,904.16
Total
$182,687.16

PRESENTATION TO THE BOARD OF EXAMINERS – Keith Johnson

21. The Board of Examiners was awarded the “Innovative Use of Technology Award” by the Information Technology Resource Management Council (ITRMC) in October 2002 for the board’s automated posting and storage of surplus property declarations online. This paperless system enables more efficient notice of available surplus property and makes acquisition easier by governmental agencies and the public.

Mr. Johnson presented the Innovative Use of Technology Award from the Information Technology Resource Management Council (ITRMC) to the Board. This award recognized the board’s new automated posting and storage of surplus property declarations online, which was developed by the State Controller’s Office on behalf of the Board.

In conclusion, Governor Kempthorne acknowledged the completion of an era for Idaho with the retirement of the Secretary of State Pete Cenarrusa, State Controller J.D. Williams and Attorney General Al Lance. He thanked each for their many years of service, dedication and friendship.

Secretary of State Cenarrusa reminisced about days-gone-by Board meetings in the governor’s conference room and spending the better part of a day conducting the business of the Land Board. Now, the meetings are much shorter thanks to the efficiency and completeness of the Board’s committee work.

Attorney General Lance commented about the unfinished business regarding payments to those law enforcement officers killed in the line of duty and requested the Board to continue discourse on this issue. He commented on his privilege to have served with the board members.

Governor Kempthorne further recalled the retirement of Phyllis Richards, assistant to the secretary of the board, and welcomed incoming board members Keith Johnson, Ben Ysursa and Lawrence Wasden as well as the new assistant to the secretary of the board Kathy Ewert.

There being no further business before the board, THE MEETING OF THE STATE BOARD OF EXAMINERS WAS ADJOURNED subject to call of the Chair.


____________________________________
Dirk Kempthorne, Chairman of the Board and
Governor of the State of Idaho

_______________________________________
Keith Johnson, Acting Secretary of the Board and
Acting State Controller
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