C.L. "Butch"
Secretary of
Brandon D
D Woolf
SCO > Board of Examiners > Board of Examiners Minutes
MINUTES – Regular Meeting
June 16, 2009 – 12:55 p.m.
Idaho First Bank, Community Room
475 East Deinhard Lane, McCall

The regular meeting of the State Board of Examiners was called to order at 475 East Deinhard Lane, McCall, Idaho, at 12:55 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, by phone. Controller, Donna M. Jones, Secretary to the Board of Examiners recorded the proceedings of the meeting.

Ms. Jones introduced the consent agenda items.
Mr. Ysursa moved to approve the consent agenda. Mr. Wasden 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 May 19, 2009.

2. Bureau of Homeland Security - Approved
ID #
Date to Board
2009-00086Drug Lab$1,149.05Meth lab in Rathdrum, ID06/02/09

3. Idaho State Police - Approved
Request pursuant to Idaho Code 67-5302(20) for the revised list of grants, projects, and agreements for overtime shifts worked by commissioned officers. The provided list was approved August 19, 2008, but has two changes for FY2010. Special Olympics has been removed and Mammoetm (Exxon Oil) has been added and will need approval as a new ONL code.


4. Idaho Transportation Department - Disapproved
Request authorization to pay $21,539.78 for comp time balances in excess of 240 hours for four (4) FLSA non-covered employees to begin FY2010 with all employees at or below the new caps established by SB 1252. ITD and these employees have made a good faith effort to reduce comp time balances from last year’s request of $71,052.44.

Discussion: Mr. Tolman explained that he is asking authorization to pay comp time balances for four employees who have balances in excess of 240 hours. The limit was put in place as a result of SB 1252 becoming a law during the 2008 Legislative session. ITD met with the Board of Examiners subcommittee in May of 2008 to make a request. At that time the department requested balances for 12 employees. The department was told that the request would be reconsidered with additional information and presumably lower balances within one year. ITD has worked with those employees and instead of 12 employees, there are only 4. The four employees are long-term dedicated employees who have worked for the benefit of the State. He stated that ITD has funds available to pay these employees.

Mr. Ysursa commented that a year ago employees were told to get their comp time balances down. A year is come and thirty-five people statewide are affected by this. ITD is the only agency asking for relief for their four employees.

Mr. Hammon explained that there are thrity-five employees statewide in a variety of offices. None of the other offices have requested a payoff. The total dollar amount for the thirty-five employees would be nearly $400,000.

Mr. Ysursa asked what the subcommittee’s recommendation was for this item.

Mr. Hammon responded that the subcommittee recommended this item not to be approved by the Board of Examiners.

Mr. Wasden asked how the hours were accumulated.

Mr. Tolman answered that the long hours were accumulated over multiple years prior to the cap being enacted. During the last fiscal year they had been losing hours for any hours worked over 40 per week. Now they are at risk of losing their hours for service they rendered. Each one has attempted to take hours off, and each has taken more than 200 hours off in the past year, in addition to trying to keep their vacation balance without donating time.

Mr. Wasden asked if the hours were accumulated during regular work situations at ITD.

Mr. Tolman answered that they were accumulated through normal operations but during peak times. For instance, law suits, Legislative sessions, etc.

Mr. Wasden said he is very familiar with a lot of the affected employees and knows their hard work and dedication to their jobs. He asked if the hours were accumulated during unusual or emergency situations, as the law dictates they must be. If they were not accumulated during unusual or emergency situations, the Board of Examiners is not authorized to give cash payment.

Mr. Tolman answered that the unusual situations were heavy workloads assisting with the department’s lawsuits, as well as during the Legislative session. Those are occurrences that are not ongoing every month of the year, but they are heavy loads during those periods of time.

Mr. Wasden said he has great respect and admiration that the employees have for the job they do for the State. However, it is difficult to find a way in the confines of the statute that these hours were accumulated during unusual or emergency situations.

Resolution: Mr. Wasden moved to disapprove item 4. Mr. Ysursa seconded the motion. The motion carried on a unanimous voice vote.

5. Office of the State Controller - Approved
Request for proposed re-adoption of the State Real Estate Relocation Policy and Procedures, as well as a proposed amendment regarding employee qualifying periods.

Discussion: Mr. Woolf explained that the Attorney General’s office identified that the State Real Estate Relocation Policy had expired three years ago. It is requested to readopt the policy and procedures without a sunset clause, and also amend the policy for the qualifying time period. The policy states it as 20 months. This amendment would allow the Board to accept on a case-by-case basis an employee that has a real estate relocation and they are unable to sell their home. The Board could accept up to a 36 month qualifying period.

Resolution: Mr. Ysursa moved to approve item 5. Mr. Wasden seconded the motion. The motion carried on a unanimous voice vote.

6. Division of Financial Management - Approved
Request that the Board of Examiners direct the State Controller to complete the transfers authorized by SB 1227 within the limits established by the law.

Mr. Hammon explained that SB 1227 calls for the Board of Examiners, should the state end the fiscal year without significant enough revenue to balance the general fund, the Board of Examiners is authorized to direct the Controller to transfer money from two of the state’s rainy day accounts to cover that shortfall. It is expected that the amount needed to balance the general fund would be about $25.4 million. The law says that the Board is authorized to direct the Controller to transfer from two funds: The Public Education Stabilization Fund and the Budget Stabilization Fund. In this case, 48.5% would come from PESF, and the other 51.5% would come from BSF, up to 50% of those funds. The exact dollar amount is not known, and will not know that dollar amount until sometime around July 8 or 9. The Controller should report back next month after the transfer has been made, as to the exact dollar amounts.
    Resolution: Mr. Ysursa moved to approve item 6. Mr. Wasden seconded the motion. The motion carried on a unanimous voice vote.

    7. Idaho State Police - Approved
    Request approval to extend the length of the qualifying time frame for Major Dan Thornton who received real estate assistance under the State Real Estate Relocation Policy and Procedures. This item was requested to be held for a month until this meeting.

    Discussion: Col. Russell explained that the request is to extend the length of qualifying time for Maj. Dan Thornton. The current agreement is going to expire as of July 18th of this year. He asked to extend the period from 20 months up to the 36 months to allow the Maj. to attempt to sell his residence in Twin Falls. He was promoted in October 2007 and transferred to the Boise headquarters from Twin Falls. He signed an agreement with ISP to move, and placed his home on the market with Magic Valley Realty for $304,000. The price was reduced to $299,900 in the spring. It has again been reduced down to $275,000 and has had no offers for sale of the residence for almost 2 years due to the economic conditions.

    Resolution: Mr. Wasden moved to approve item 7. Mr. Ysursa seconded the motion. The motion carried on a unanimous voice vote.


      8. State Insurance Fund
      a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of April, 2009.
          Estimated expenditure for workers compensation claim costs, dividends and premium refunds
        Funds Expended in April, 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 April, 2009.
          Estimated expenditure for Petroleum Clean Water Trust Fund
        Funds Expended in April, 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 1:21 p.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 08/06/2009 04:05:15 PM