C.L. "Butch"
Otter
Governor
Lawerence
Denney
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D Woolf
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SCO > Board of Examiners > Subcommittee Minutes
MINUTES
SUB-COMMITTEE MEETING
STATE BOARD OF EXAMINERS
January 6, 2000 – 9:00 a.m.
Office of State Controller – 5th Floor Conference Room A



Attending: Darrell Manning, Office of the Governor
              David High, Office of Attorney General
              Ben Ysursa, Office of Secretary of State
              Keith Johnson, Office of State Controller

Visitors Attending: Gary Broker, Department of Health and Welfare
              Dr. Michael Graham, Commission for the Blind & Visually Impaired
              Marty Peterson, University of Idaho
              Tim O’Leary, Department of Law Enforcement
              Robin Haley, State Tax Commission
              Dorothy Heywood, Bureau of Hazardous Materials
              Mike Atkins, Department of Administration


1. DEPARTMENT OF HEALTH AND WELFAREGary Broker, Administrator, Division of Management Services
    Request for authorization for a waiver of the $1,000 bonus limit for Robert Bratcher, Kathleen Pollard and Toni Sparks, who are 1998-99 recipients of the Lawrence Schumacher Memorial, Employee of the Year Awards in Region IV. The Department would like the awards to be accompanied by a $300 bonus for each recipient.
      Gary Broker reported that Region IV has an annual peer nominated award program where they give four recipients a $300 bonus each. Three of the four employees have already received a bonus which would put them over the $1000 bonus limit. Darrell Manning asked if a temporary increase could given over several pay periods rather than a one time bonus. Gary stated one of the employees is at the top of his pay grade. Ben Ysursa said he does not have a problem with the waiver, but acknowledged that bonuses have become an issue with JFAC. Keith asked if there is a program outside the bonus statute for awards. It was determined the award program was repealed two years ago. Ben Ysursa made a motion to defer action pending extensive review by David High and to receive any feedback from JFAC. Darrell Manning seconded the motion. The motion passed unanimously.


2. COMMISSION FOR THE BLIND AND VISUALLY IMPAIREDDr. Michael Graham, Administrator
    Request for authorization to waive moving expense reimbursement payback for Minta Tate, a rehabilitation teacher, who was hired February 22, 1999 and resigned November 15, 1999 because of personnel and performance issues. This request was discussed at the December 8, 1999 Sub-Committee meeting and was deferred for one month pending discussion with the Attorney General.
      Dr. Michael Graham reported this request was reviewed by the sub-committee last month. He said the employee received moving expense reimbursement when she was hired and resigned employment within one year. The employee was under extended probationary period and would likely have been asked to leave. Her reasons for leaving were mainly family problems and to move to another state, not for another job. David High said the request was deferred last month so he could discuss it with Attorney General Al Lance, who was instrumental in proposing the policy. He said the Attorney General has some real concern about setting a precedent and would not support the request. Ben Ysursa stated the Sub-Committee could not put the request on the Consent Agenda but it would be Dr. Graham’s call if he wanted to take it to the full Board. He also suggested a possible long term repayment. Keith asked under what circumstance would the Attorney General be interested in waiving the backpay, and Dave said he did not know. Ben Ysursa made a motion to not put the request on the Consent Agenda but if Dr. Graham wishes, to include it on the Regular Agenda. David High seconded the motion. The motion passed unanimously. Dr. Graham said he did not believe he would take it to the full board.
    UNIVERSITY OF IDAHOMarty Peterson

3. Request for authorization to reimburse moving expenses up to $7,000 for Dr. Gene Merrell, for the position of Technology Transfer Officer/Research Contract Officer, effective December 6, 1999, from Tomball, Texas.

4. Request for authorization to reimburse moving expenses up to $7,500 for Dr. James Schaffer, for the position of District IV Director, effective no later than February 1, 2000, from Ardmore, Oklahoma.
      Marty Peterson reported they would like to reimburse moving expenses for Dr. Merrell and Dr. Schaffer. Ben Ysursa made a motion to recommend approval on the Consent Agenda for items #3 and 4. David High seconded the motion. The motion passed unanimously.

5. DEPARTMENT OF LAW ENFORCEMENTTim O’Leary, Human Resource Officer
    Request for authorization to pay 160 hours compensatory time for Mr. Michael Key, IT Manager, accrued between July 1, 1999 through December 31, 1999 while preparing for the Y2K. It would be very difficult to significantly reduce the hours prior to the end of this fiscal year without negatively impacting department operations and resources.
      Tim O’Leary reported they would like to pay 160 hours compensatory time for Michael Key. Ben Ysursa made a motion to recommend approval on the Consent Agenda. Darrell Manning seconded the motion. The motion passed unanimously.

6. STATE TAX COMMISSIONRobin Haley, Financial Officer
    Request for authorization to extend the March 9, 1999 Board of Examiners approval to pay the following FLSA exempt employees for compensatory time earned while working on internal Y2K projects from June 1999 through January 2000:
          Greg Alder Chuck Pond Steve Wilson
          Linda Janes Ken Repp Celin Damron
          Paul Jenkins Steve Timsen Renee Marsh
          Sonnia Lane James Watson Kelly Carter
          Tondra Nutt

      Robin Haley reported they would like to extend the approval time to pay employees working on Y2K projects. She stated the letter requests an extension through January 2000, but she would like to revise it to June 30, 2000 so they can include all Y2K compensatory time. Ben Ysursa made a motion to recommend approval on the Consent Agenda. Darrell Manning seconded the motion. The motion passed unanimously.

    BUREAU OF HAZARDOUS MATERIALSDorothy Heywood

7. Incident 9910021 – Request for authorization to issue deficiency warrants in the amount of $1,298.26 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at Bayview Marina, 34040 N. Main, Bayview, Kootenai County, Idaho involving a fuel spill from a sunken boat on October 2, 1999.

8. Incident 9911011 – Request for authorization to issue deficiency warrants in the amount of $134.91 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at 4057 Government Way, Kootenai County, Idaho involving a suspected drug lab on November 1, 1999

9. Incident 9911021 – Request for authorization to issue deficiency warrants in the amount of $530.00 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at Hwy 2 mp 20, Bonner County, Idaho involving an oil and diesel spill on November 2, 1999.

10. Incident 9911022 – Request for authorization to issue deficiency warrants in the amount of $203.77 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at 602 W. Prairie, Kootenai County, Idaho involving a suspected drug lab on November 2, 1999.

11. Incident 9911121 – Request for authorization to issue deficiency warrants in the amount of $267.17 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at 5144 Coeur d’Alene Lake Dr., Kootenai County, Idaho involving a suspected drug lab on November 12, 1999.

12. Incident 9911151 – Request for authorization to issue deficiency warrants in the amount of $214.64 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at 164 Rhubarb, Old Town, Bonner County, Idaho involving a suspected drug lab on November 15, 1999.

13. Incident 1999-3785 – Request for authorization to issue deficiency warrants in the amount of $1,910.29 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at 1109 Wilson #22, Pocatello, Bannock County, Idaho involving a suspected drug lab on October 14, 1999.

14. Incident 1999-3873 – Request for authorization to issue deficiency warrants in the amount of $292.50 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at 190 Old Hwy 5, Plummer, Benewah County, Idaho involving a suspected drug lab on October 14, 1999.

15. Incident 1999-3933 – Request for authorization to issue deficiency warrants in the amount of $1,333.16 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at Fort Hall Bingo Casino, Bingham County, Idaho involving a suspected drug lab on October 24, 1999.

16. Incident 1999-4137 – Request for authorization to issue deficiency warrants in the amount of $3,322.03 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at Ferry Butte, Fort Hall, Bingham County, Idaho involving a suspected drug lab on November 10, 1999.

17. Incident 1999-4138 – Request for authorization to issue deficiency warrants in the amount of $4,351.58 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at Snake River east of Heyburn, Idaho involving an investigation of several dog deaths on November 11, 1999.

18. Incident 1999-4272 – Request for authorization to issue deficiency warrants in the amount of $526.89 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at Corbin Hill, Coeur d’Alene, Kootenai County, Idaho involving an unknown substance leaking from a barrel on November 23, 1999.
      Dorothy reported Incident # 9907251 for $31,644.19 for the Burlington Northern Santa Fe Train Derailment in Boundary County on July 25, 1999 has been paid. She said they would like to withdraw item #18 from the agenda. Darrell Manning made a motion to recommend approval on the Consent Agenda for Items # 7-17. Ben Ysursa seconded the motion. The motion passed unanimously.

19. INFORMATION ONLY: Incident 9908242 – (request was approved by Board of Examiners December 14, 1999) Follow up on incident in Twin Falls for deficiency warrants in the amount of $2,729.60 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident at Twin Falls, Twin Falls County, Idaho involving an acrolein spill on August 24, 1999. Twin Falls Canal advised the Bureau of Hazardous Materials through their attorney that they believe they are not liable for the costs associated with the hazardous substance incident. The case has been forwarded to the Attorney General’s Office for resolution.
      Dorothy reported this incident is being handled by Deputy Attorney General Matt McKeown.
    OFFICE OF ATTORNEY GENERAL

20. Notification that M. Michael Sasser of the firm of Hamlin & Sasser, has been appointed for the purpose of representing the Idaho Department of Health and Welfare in the Whittier v. Schulz, et al., Case No. CV-OC-99-06704D, pursuant to Idaho Code § 67-1409.

21. Notification that Joseph P. Filicetti, Attorney at Law, has been appointed for the purpose of representing the Idaho Board of Registration of Professional Engineers and Professional Land Surveyors in the Matter of RH2 Engineering and JUB Engineers, Inc., pursuant to Idaho Code § 67-1409.
      Ben Ysursa made a motion to recommend approval on the Consent Agenda. Darrell Manning seconded the motion. The motion passed unanimously.
    DEPARTMENT OF ADMINISTRATIONMike Atkins

22. Request for approval of Recognition of Assignment as executed by Assignor Don Wilcox, dba House Medics, and Assignee Don Wilcox, President, Boise Professional Maintenance Management, Inc., for Division of Public Works Service Contract No. 99-857, Door Hardware Service for Facilities Services, Capitol Mall, pursuant to Idaho Code § 67-1409.

23. RATIFICATION OF REQUEST THAT WAS HAND-CARRIED AND APPROVED BY TWO BOARD MEMBERS ON DECEMBER 17, 1999

    Request for approval of Recognition of Assignment as executed by Assignor John P. Krapfl, Murphy Finch Development, and Assignee Robert Zaharie, WETM, LLC, Coeur d’Alene, Idaho, for Idaho Department of Corrections lease of space at 202 Anton, 1st floor, Coeur d’Alene, Idaho from Murphy Finch Development.
      Mike Atkins reported Item #22 assignment is being executed by Don Wilcox, who is doing business under different names – House Medics and Boise Professional Maintenance Management, Inc. Item #23 assignment was hand carried and approved by two board members on December 17, 1999 and this is just a ratification of the approval. Ben Ysursa made a motion to recommend approval on the Consent Agenda for Items #22 and #23. David High seconded the motion. The motion passed unanimously.



INFORMATIONAL AGENDA

    STATE INSURANCE FUND

24. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of December, 1999.
      Estimated expenditure for workers $7,500,000.00
      compensation claim costs, dividends
      and premium refunds

    STATE INSURANCE FUND (continued)

    Funds Expended in November 1999:

      Workers Compensation Claim Costs $5,405,092.78
      Dividend 6,096.62
      Commissions (814.59)
      Policy Refunds 238,140.66
      Total $5,648,515.47

25. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft for the month of December 1999.
      Estimated expenditures for $750,000.00
        Petroleum Storage Tank Fund
      Fund expended in November 1999:

        Payroll $ 53,866.93
        Operations 27,137.67
        Claim Costs 254,220.89
        Total $335,225.49
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