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
700 W. State Street, Boise, Idaho
Borah Post Office Building, 204 N. 8th Street, 2nd Floor Courtroom
December 20, 2005


The regular meeting of the State Board of Examiners was called to order at 204 N. 8th Street, Boise, Idaho, at 9:00 a.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following board members were present, constituting all the members: Governor Dirk Kempthorne, chairman of the board; Secretary of State Ben Ysursa; and Attorney General Lawrence Wasden.

State Controller Keith Johnson, secretary to the board, recorded the proceedings of the meeting.

CONSENT AGENDA

Mr. Johnson introduced the items on the consent agenda.

1. Minutes – Approved

    Approval of official minutes for the meeting of the Board of Examiners on November 15, 2005.


3. Idaho Transportation Department – Approved

    Request to lift the vacation cap on Bonnie Sletten until February 3, 2006.


4. State Travel Policies and Procedure – Approved
b. Request to amend the state travel policy to reflect the changes to the federal mileage rates. The new rates are 44.5 cents per mile driven for business purposes and 18 cents per mile driven for medical or moving purposes.


5. Bureau of Hazardous Materials, Division of Military, Executive Office Of Governor – Approved


    Request for authorization to issue deficiency warrants for reimbursement of response costs pursuant to Idaho Code §39-7110.
    ID #
    Description
    Amount
    Comments
    Date to Board
      2005-2985
    HazMat
    496.57
    Incident in Burley, involving a suspected overspray from crop dusting of oxamyl 42% solution at a residence that did cause the residents to become ill. Incident date: 8/5/05
    12/5/05
      2005-3061
    HazMat
    248.88
    Incident in Sandpoint, ID, involving a dump truck that the brakes failed on and the driver had to jump out of. Truck went over embankment spilling approximately 50 gallons of diesel. Incident date: 8/9/05
    12/5/05
      2005-3094
    HazMat
    321.62
    Incident in Nordman ID, involving jars of blasting caps & explosives located by auctioneers inside the shop of a deceased individual. Incident date: 8/11/05
    12/5/05
      2005-3096
    Drug Lab
    291.19
    Suspected drug lab found at 2709 N. 30th St. in Boise. Incident date: 8/11/05
    12/5/05
      2005-3182
    Drug Lab
    701.73
    Suspected drug lab found at 464 Eastside Rd. in Priest River. Incident date: 8/15/05
    12/5/05
      2005-3187
    HazMat
    12,789.07
    Incident in Valley County involving a tanker truck that rolled near Cougar Mountain spilling approximately 1900 gallons of road oil. Incident date: 8/15/05
    12/5/05
      2005-3224
    Drug Lab
    1050.81
    Suspected drug lab found at 317 S 13th St in Coeur d’Alene. Incident date: 8/19/05
    12/5/05
      2005-3237
    HazMat
    24.75
    Incident at Lake Coeur d’Alene where the backend of a boat is underwater and releasing oil & gasoline. Incident date: 8/20/05
    12/5/05
    2005-3295
    Spill
    2,279.23
    Accident in Boise, at 9th & Myrtle resulting in a spill of a pesticide called Talstar (Bifenthrin). Incident date: 8/24/05
    12/5/05
    2005-3315
    Drug Lab
    734.11
    Suspected drug lab found at 8980 N. Ramsay Rd, in Hayden Idaho. Incident date: 8/25/05
    12/5/05
    2005-3466
    Drug Lab
    293.18
    Suspected drug lab found at 2418 Stanley St. in Boise. Incident date: 9/3/05
    12/5/05
    TOTALS
    $19,231.14
Discussion: Mr. Wasden pointed out on item five that five of the 11 incidents were suspected drug labs, and these repeated items are a significant cost to the state, and a danger to the environment, children, and Idaho’s communities.

Resolution: Mr. Wasden moved to approve the consent agenda as recommended in its entirety; Mr. Ysursa seconded the motion. The motion carried by unanimous voice vote.

6. Department of Health & Welfare – Approved

    Request to transfer $84,661,800.00 from the General Fund to the Cooperative Welfare fun #0220 during the third quarter of Fiscal Year 2006.

REGULAR AGENDA

Mr. Johnson introduced the items on the regular agenda.

2. University of Idaho – Deferred


    Request to reimburse moving expenses up to $16,000 for the new Assistant Vice President of Human Resources. Paul Michaud is moving from Miami, Florida to Moscow, Idaho.

    Name and Position: Department Salary Fund

    Paul Michaud, Assistant Vice President Human Resources $100,000 UBX019


Discussion: Mr. Ysursa said the board should follow the recommendation of the subcommittee unless Mr. Peterson has some very persuasive argument.

Marti Peterson said the University of Idaho is asking for an exception to the $10,000, 10% moving reimbursement rule. The new Assistant Vice President of Human Resources has a salary of $100,000 and is moving from Miami Florida, but his moving expenses include $16,013.46 to move cars and personal items and another $1,800 out of pocket expenses that will not be reimbursed. Mr. Peterson said they are asking to reimburse up to $16,000 of Mr. Michaud’s moving expenses.

Mr. Ysursa asked what the weight of the items being moved was and mentioned that there used to be a 15,000 pound limit.

Mr. Peterson said the estimated weight was 15, 800 pounds.

Mr. Foltman said the Board of Examiners, in conjunction with state agencies and institutions, raised the moving reimbursement expense from $5,000 to 10% of salary, cutting the amount of requests coming before the board. Mr. Foltman said as gas prices rose, however, requests have increased because of concerns about long distance moving costs. Mr. Foltman said the board has not been asked by institutions and agencies to address a different proposal for long distance or international moves. Mr. Foltman said they are just now seeing the beginning of exceptions coming to the board on fuel surcharges.

Mr. Kempthorne asked Mr. Foltman if he believed there should be a correlation between distance traveled for expense paid.

Mr. Foltman said they recognized that the higher education population is more international in scope than many other job classes in state government and it could be a factor to consider with the increased number of fuel surcharge exemptions coming before the board.

Mr. Kempthorne asked Mr. Peterson what moving reimbursement costs were offered to the new Assistant Vice President of Human Resources.

Mr. Peterson said the new Assistant Vice President of Human Resources was told that his moving costs would be reimbursed based on documented bids within levels allowed by the IRS. Mr. Peterson said the interim financial vice president was unaware of the moving policy limitations.

Mr. Ysursa asked what part of the bid was a fuel surcharge.

Mr. Peterson said the fuel surcharge for moving household goods was $4,473.49.

Mr. Goodenough said one of the things the subcommittee considered in their decision, was the fact that the fuel estimates were given in November and the fuel prices have declined since then.

Mr. Kempthorne asked the subcommittee to look into the reimbursement costs within IRS limits and how the current policy fits within those guidelines. Mr. Kempthorne asked the subcommittee to look into a way the board could rationally take into account distances in the moving policy. Mr. Kempthorne asked the subcommittee to make financial vice presidents aware of moving reimbursement rules.

Mr. Wasden asked the subcommittee to look at the fuel surcharge and make a recommendation to the board whether the 10% rule meets the needs of employees moving to universities. Mr. Wasden asked the subcommittee to provide a clear understanding of why the 10% rule would or would not meet the employees’ needs, and to back this reasoning up with numbers.

Resolution: Mr. Wasden motioned to return this item to the subcommittee for a recommendation on the fuel surcharge issue; Mr. Ysursa seconded the motion. The motion carried by unanimous voice vote.

4. State Travel Policies and Procedure – Approved Out-of-State Per Diem Rate Change to $39.00

a. Request to amend the state travel policy to reflect the change to the federal per diem meals and incidental expense rate. The new base rate is $39.00 for out of state travel

    Discussion: Mr. Ysursa said he observed that Boise, Sun Valley, and Coeur d’ Alene have a higher in-state per diem rate than the existing rate of $30.00. Mr. Ysursa suggested reviewing how an increase to the in-state rate would affect state budgets and those who travel.

    Resolution: Mr. Ysursa moved to adopt the out-of-state rate to $39.00 plus the federal CONUS area rate. Mr. Wasden seconded the motion. The motion carried by unanimous voice vote


INFORMATIONAL AGENDA

7. Attorney General

    a. Notification that Deputy Attorney General Robert K. Schwarz has accepted additional outside employment at Boise State University in an educational program conducted under the supervision of the State Board of Education pursuant to Idaho Code §59-512.

    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 case of Guerrero v. Indust. Special Indem. Fund, ISIF Claim No. 2005-1739; I.C. No. 04-522785.

    c. Notification that Phillip S. Oberrecht of the firm of Hall, Farley, Oberrecht & Blanton, P.A., 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 case of Hobson Fabricating Corp. v. SE/Z Constr., LLC, et al., Case No. CV-OC-0508037.

    d. Notification that Jeffrey M. Wilson of the firm of Wilson & McColl, 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 case of Rainier Seeds, Inc., U.S. Bankruptcy Court, Western District of Washington, Case No. 03-17534-TTG11.

    e. 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, Department of Agriculture, in settlement negotiations with Zions National Bank on issues arising out of the case of Jack Thomas Grain and Livestock, Inc. v. Wheatland Agri-Business, Inc. and Zions First Nat’l Bank, Case No. CV-04-5593, and cases consolidated therewith.

    f. Notification that Jed W. Manwaring of the firm of Evans Keane 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 case of Wheatland Agri-Business and Associated Business Entities – Idaho Department of Agriculture/Commodity Indemnity account Fund.

    g. Notification that Richard A. Skinner of the firm of Skinner Fawcett 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 case of Idaho Water Resources Board, Refunding of a Pooled Project Revenue Bond.

    h. Notification that Hollis Mercer, 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 case of Burton v. Indust. Special Indem. Fund, ISIF Claim No. 2005-1731; IC # 02-522585; Fuller v. Indust. Special Indem. Fund, ISIF Claim No. 2005-1735; IC # 03-002300; Guerrero v. Indust. Special Indem. Fund, ISIF Claim No. 2005-1739; IC # 04-522785.

    i. Notification that Edwin L. Litteneker, Attorney at Law, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the Idaho Department of Health & Welfare, Child Support Services in child support enforcement actions on an ongoing basis.

    j. Notification that Robert L. Shaver of the firm of Dykas, Shaver & Nipper, LLP, 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 case of Idaho Preferred Trademark.


8. State Insurance Fund
    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of November, 2005.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $20,000,000.00
      Funds Expended in October 2005
      Workers Compensation Claim Costs
    10,029,303.02
      Dividend
    0
      Commissions
    71,670.84
      Policy Refunds
    180,221.53
      Total
    10,281,195.39
    b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of November 2005.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in October 2005:
         
      Payroll
    64,150.70
      Operations
    5,629.45
      Claim Costs
    132,619.61
      Total
    202,399.76

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 9:25 a.m.

__________/s/ Dirk Kempthorne________
Dirk Kempthorne, Chairman of the Board and
Governor of the State of Idaho

__________/s/ Keith Johnson____________
Keith Johnson, Secretary of the Board and
Idaho State Controller

Minutes of State Board of Examiners or the Subcommittee Meetings

The secretary to the board prepares preliminary minutes as a courtesy for the reader. Preliminary minutes have not been approved by the State Board of Examiners or its subcommittee and do not constitute the official minutes of the meeting. The minutes become official after approval at a subsequent meeting. Should you have any questions regarding these minutes, please contact brdexam@sco.state.id.us or call the Idaho State Controller’s Office at 334-3100.
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