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 > Subcommittee Minutes
STATE BOARD OF EXAMINERS
MINUTES – SUBCOMMITTEE MEETING
700 W. State Street, Boise, Idaho
5th Floor, Conference Room A
January 8, 2004


The regular meeting of the Subcommittee to the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 9:05 a.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following members were present: Brad Foltman, Governor’s Office; Chuck Goodenough, Office of the Secretary of State; Dave High, Office of the Attorney General; and Steve Kenyon, Office of the State Controller, as assisting secretary to the subcommittee.

Also present by invitation were Peggy Davis, Jeff Shinn, Ken Miracle, Richard Humiston, Gary Ward, Bill Bishop, Craig Wiedmeier, and Ann Heilman.


· CONSENT AGENDA
1. Minutes—Approved

    Approval of official minutes for the subcommittee meeting of the Board of Examiners on December 4, 2003.

Resolution: Mr. High moved to approve the minutes as presented. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

· REGULAR AGENDA
2. Boise State University—Approved

    Request for authorization to reimburse moving expenses up to $5,000 for an Assistant Professor, PCN #2187, in the Department of Economics with an anticipated salary of $60,000 per year.

Resolution: Mr. Goodenough moved to approve item 2. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

3. University of Idaho—Approved

    Request for authorization to reimburse moving expenses as cited in the following table.
        Position
    PCNDepartmentSalaryUp to Amount
      a. Visiting Assistant Professor
    Theatre
    $12,000 - $15,000
    $1,200
      b. Assistant Professor
    Bio. & Ag. Engineering
    $55,000 - $59,000
    $5,000

Resolution: Mr. High moved to approve items 3a-b. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

4. Eastern Idaho Technical College—Approved

    Request for authorization to reimburse moving expenses up to $4,000 from college appropriated funds for James Scott Hamilton, Dean of Instruction, at Eastern Idaho Technical College. Mr. Hamilton’s salary is $75,000 per year. His family and household goods remain in Illinois at present and he hopes to relocate them early this summer.

Resolution: Mr. Goodenough moved to approve item 4. Mr. Foltman seconded the motion. The motion carried with a unanimous voice vote.

5. Office of the State Board of Education—Approved

    Request for authorization to reimburse moving expenses up to $4,000 for Scott Christie, Financial Analyst in the Fiscal Division of the State Board of Education. Mr. Christie’s anticipated annual salary is $45,000 and he will be relocating from California.

Resolution: Mr. Goodenough moved to approve item 5. Mr. Foltman seconded the motion. The motion carried with a unanimous voice vote.

6. Department of Agriculture—Approved

    a. Request for authorization to reimburse moving expenses up to $750 for Eoin Davis, Agriculture Program Manager in the Division of Plant Industries. Mr. Davis will be moving from Pasco, Washington to Idaho.

Resolution: Mr. Foltman moved to approve item 6a. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

    b. New business presented at meeting by Department: Request for authorization to reimburse moving expenses up to $1,500 for Kathy Sodhi, Agriculture Communications Officer, in support of ISDA operations and public relations. Ms. Sodhi’s annual salary is $45,011.20 and will be relocating from Boston, Massachusetts.

Audience with the Board: Ken Miracle introduced this new item of business to the subcommittee explaining the recent developments regarding this recruitment and necessity for an expedient decision.

Discussion: Mr. Foltman praised the reasonable moving expense packages at these levels on behalf of both the state and the candidates.

Resolution: Mr. High moved to approve item 6b. Mr. Foltman seconded the motion. The motion carried with a unanimous voice vote.

7. Department of Health & Welfare—Approved

    Request for authorization to reimburse moving expenses up to $500 for David Averill, Clinician for the Children’s Mental Health Program in Region VI, Division of Family and Community Services. Mr. Averill will relocate from Boise to Pocatello. His annual salary is $37,400.

Resolution: Mr. Foltman moved to approve item 7. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

8. Bureau of Hazardous Materials, Division of Military, Executive Office of Governor—Recommend approval by the board

    Request for authorization to issue deficiency warrants for reimbursement of response costs incurred during December pursuant to Idaho Code §39-7110.
    ID #
    Description
    Amount
    Comments
    Date to Board
      a. 2003-4553
    Hazmat
    $327.56
      White powder found in mail carriers vehicle
    12/8/03
      b. 2003-4433
    Hazmat
    $268.76
      Threatening letter from inmate containing suspicious substance
    12/8/03
      c. 2003-4686
    Drug Lab
    206.25
      Meth lab break-down
    12/8/03
      d. 2003-4825
    Hazmat
    79.02
      Chemicals dumped behind fence
    12/10/03
      e. 2003-4937
    Hazmat
    1075.46
      Unknown substance dumped at rest area
    12/10/03
      f. 2003-4901
    Drug Lab
    1542.93
      Drug lab take-down
    12/10/03
      g. 2003-4659
    Hazmat
    441.09
      Abandoned 55-gal drum
    12/24/03
    Total
    $3,941.07
Resolution: Mr. Foltman moved to approve items 8a-g. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

9. Bureau of Disaster Services, Military Division, Executive Office of Governor—Recommend approval by the board for items 9b-c; cancel item 9a

    a. Request payment of compensatory time for Susan Cleverley, Emergency Management Specialist, Bureau of Disaster Services, for 35 hours of overtime, which she accumulated assisting the state of Delaware from October 6 – 17, 2003 during the recovery phase of Hurricane Isabel.

Resolution: Mr. Kenyon explained that this employee is FLSA covered and no Board action is required to pay compensatory time. Therefore, item 9a was cancelled.

    b. Request payment of compensatory time for Cherylyn Murphy, Emergency Management Specialist, Bureau of Disaster Services, for 57.5 hours overtime, which she accumulated assisting the state of Maryland from September 26 – October 10, 2003 during the recovery phase of Hurricane Isabel.

Audience with the Board: Bill Bishop explained Idaho’s participation in the Emergency Management Assistance Compact (EMAC) in which a state requesting assistance will reimburse the providing state for expenses. He noted that Ms. Murphy is FLSA exempt and he requested approval of the Board to pay these overtime hours on an 1:1 basis. He also discussed the confusion about the number of hours to be compensated saying that 3.5 hours were not related to EMAC and were not included in this request for payment. He requested a total of 54 hours compensation to be paid to Ms. Murphy.

Discussion: Mr. Bishop also commented that Idaho would be processing more EMAC transfers in the future and suggested a conference to define how to handle processing these payments. Mr. Goodenough asked when the compact was enacted. Mr. Bishop replied that it was included in statute about 2 years ago and all states participate except California.

Resolution: Mr. Goodenough moved to recommend approval by the board of item 9b. Mr. High seconded the motion. The motion carried with a unanimous voice vote.


    c. Request to pay $5,152.35 to the State Insurance Fund for workers’ compensation claims for members of the Idaho National Guard during the quarter ending December 31, 2003 pursuant to Idaho Code §72-928.

Resolution: Mr. High acknowledged this as a customary request and moved to recommend approval by the board of item 9c. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

10. Department of Fish & Game—Hold for February meeting

    Request approval to write-off $2,594.12 from the vendor accounting records for Harold Armstrong DBA: The Reloading Center, vendor #4644. The claim has undergone legal review since December 20, 2001 with the case being settled in the amount of $4,000 in Cassia County small claims court on April 28, 2003. On September 30, 2003, the Department received $2,000 against the original balance due of $4,594.12. After the Department director’s office accepted $2,000 as final settlement for the case, Deputy attorney general Dallas Burkhalter filed on October 27, 2003 a stipulation for dismissal with prejudice with the Cassia County district court.

Audience with the Board: Craig Wiedmeier described taking a vendor to small claims court, the court ordered payment and he intended to follow-up with a collection agency as suggested by the Board. However, in Mr. Wiedmeier’s absence, the vendor’s attorney contacted the departmental deputy attorney general with an offer to settle. The Department director said to settle the claim and request write-off of the unpaid balance on the books.

Discussion: Mr. High acknowledged that this claim had been settled. Mr. Goodenough noted that judgments were effective instruments. Mr. Foltman inquired if postponing this decision would jeopardize anything in the settlement? No objection was voiced. Mr. Foltman asserted that the Board was reluctant to write-off such balances and wished the department to review its policy on enforcing payments and negotiating settlements.

Resolution: Mr. Foltman moved to defer item 10 and bring departmental policy on this issue to the board in February. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

· INFORMATIONAL AGENDA
11. Attorney General

    a. Notification that Merlyn W. Clark of the firm of Hawley, Troxell, Ennis & Hawley has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the State in a matter related to the Idaho State Bar.

    b. Notification that Michael C. Moore of the firm of Moore, Smith, Buxton & Turke, Chtd. has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of researching, analyzing, and advising the Idaho Department of Transportation regarding the issuance of bonds for the construction of highway facilities.

    c. Notification that John R. Goodell of the firm of Racine, Olson, Nye, Budge & Bailey 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 Keeter, et al. v. Callaghan, et al., Case No. CV-2003-3049-PI; State File No. 2002-1046-001.

    d. 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 by providing counsel to the Idaho Department of Transportation, by researching and drafting proposed legislation regarding use of GARVEE Bonds to fund highway construction, and by providing information to the legislature regarding such proposed legislation.


12. State Insurance Fund
    a. Notification of the State Insurance Fund estimate of expenses to be paid by sight drafts and prior month’s disbursements for December 2003.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $15,000,000.00
      Funds Expended in November 2003
      Workers Compensation Claim Costs
    8,899,090.08
      Dividend
    5,580.13
      Commissions
    37,509.89
      Policy Refunds
    282,526.37
      Total
    $9,224,706.47
    b. Notification of the State Insurance Fund estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft and the funds expended in the prior month of December 2003.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in November 2003:
      Payroll
    58,659.76
      Operations
    11,323.81
      Claim Costs
    89,627.82
      Total
    $159,611.39

13. Department of Health & Welfare
    Notification of general funds transfer of $92,886,500 during the second quarter of fiscal year 2004 to the Cooperative Welfare Fund, Department of Health and Welfare.

14. Department of Agriculture
    Notification of payment for a de-minimus claim of $33.38 to a representative of the Department of Agriculture who attended a $55.38 per person dinner on behalf of the Department resulting in a one-time expenditure above the allowed per diem rate of $22.00. Pursuant to the authority granted to the State Controller under Idaho Code 657-1001 and 67-1003, State Controller Johnson authorized payment of this claim from the appropriations of the Department.

Discussion: Mr. Kenyon reported that the State Controller authorized payment of this claim for an employee who had been required by the Department of Agriculture to attend a special dinner with Chinese delegates. The dinner cost more than the normal instate per diem rate. Due to the de-minimus amount, the extended delay in reimbursement, and the need for policy review regarding such required meal participation, the State Controller authorized this payment to assist the employee. State Controller’s Office will present this policy question to the Fiscal Policy Advisory Committee (FPAC) for suggested guidelines and will report their recommendations to the Board at a future date.

15. State Board of Education

    Presentation of a summary report evaluating moving reimbursement policies of higher education in selected states.

Audience with the Board: Mr. Shinn recapped the preparation and findings of this report. He asked if the subcommittee had any questions and offered the report for the subcommittee’s consideration.

Discussion: Mr. Foltman thanked him for the information.

Ann Heilman, Administrator of the state Division of Human Resources, inquired about the progress on the moving policy review. She encouraged the Board to consider amendment the policy based upon FPAC advice to make processing moving reimbursements more efficient. Mr. Kenyon replied that FPAC will be reviewing the proposed policy and will present a reply soon to the subcommittee. Mr. High inquired who comprised FPAC? Mr. Kenyon listed several agency representatives and noted the committee is an advisory body.

Resolution: Mr. Foltman stated that FPAC was planning to report to the Board in February.

· NEW BUSINESS
16. Attorney General— Recommend approval by the board to request an expedited appropriation from the legislature to the State Board of Examiners’ account to pay this claim

    Consideration of award for attorney’s fees order December 19, 2003 related to Idaho Coalition United for Bears v. Pete T. Cenarrusa, Case NO. 00-0668-SBLW.

Audience with the Board: Mr. High recapped this issue: the Idaho Legislature had passed a statute requiring 6% of the registered electors in half of the counties as well as 6% of the overall registered voters of the state to put an issue on the ballet, but the federal district court found this geographic distribution unconstitutional. The court awarded attorney fees to the claimant and the judge denied the State’s request to delay execution of the judgment until the funds could be appropriated within the normal process. The order enables a U.S. Marshall to execute the order at any time.

Discussion: Mr. High recommended that the Board request the normal appropriation process for these funds be expedited and request an appropriation from the general account to the Board of Examiners to pay the claim. He felt that the Secretary of State, or a constitutional officer, should not be responsible from their agency budget for such claims due to the legislature’s statute requiring naming a state officer, rather than the State, in these kinds of court cases. He felt that it was a matter of policy to fund such claims from the general account through the Board of Examiners.

Mr. Foltman clarified that the claim was for $34,673.00 plus $11,765.93. Mr. High added that the claim also included accruing interest on these balances: a moving target. Mr. High asked the subcommittee for assistance wording legislation regarding an appropriation to pay these amounts plus accrued interest through the date of payment. Mr. Foltman suggested, “not to exceed” be included in the language. Mr. High suggested not exceeding $60,000 to insure covering the claim in full.

Resolution: Mr. High moved to recommend that the Board request the normal appropriation process for these funds be expedited and request an appropriation from the general account to the Board of Examiners to pay the claim. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

Further, Mr. High remarked that this situation arose often enough to consider a general statute to deal with it. If federal courts were not going to allow the state’s normal process to satisfy claims, then a general statute is advisable to handle these situations. Perhaps, a statute that enables the Board to pay these claims through deficiency warrants in the future. Mr. Goodenough agreed.

Mr. Foltman supported a review of these types of claims and development of a process to pay them in a timely manner instead of having to wait until the next legislative session for an appropriation. He suggested that this proposed statute might provide for a limited transfer of cash for a deficiency warrant under some general guidelines. Mr. High affirmed that this statute need only address federal court awards. The subcommittee and State Controller’s Office will investigate this issue further.

17. Division of Human Resources
Mr. High asked if there was any other business? Ms. Heilman added that she and Mr. Kenyon were working on a more structured approach for employees to request payment of compensatory time: who eligible to make requests; how submit requests; and what consistent guidelines affect these requests. She also expressed concern about a few employees having very large compensatory balances. Mr. Kenyon noted that one employee has over 1,300 hours and that some agencies never request compensatory time payoffs.

Resolution: Ms. Heilman stated that she and Steve would be presenting to the Board some proposals about compensatory time payoffs in the future.

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 9:50 a.m.





__________/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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