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
January 9, 2003 – 9:00 a.m.
Joe R. Williams Building, 5th Floor Conference Room A
700 W. State Street, Boise, Idaho


A subcommittee meeting of the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 9:00 a.m. by Steve Kenyon, assistant to the secretary of the Board of Examiners.

The following board members, or their representatives, were present, constituting all the members: Angie Billings, Office of the Governor; Dave High, Office of the Attorney General; and Chuck Goodenough, Office of the Secretary of State.

Also present by invitation were Marty Peterson, Keith Hasselquist, Jon Sowers, Paul Martin, Dave Tolman, Betsy Johnson, Craig Wiedmeier, Mike Southcombe, Victor Ramirez, Jack Baker, Gary Ward, and Ann Heilman.

Kathy Ewert, aid to the secretary of the Board of Examiners, recorded the proceedings of the meeting.

· REGULAR AGENDA

UNIVERSITY OF IDAHO – APPROVED
      A request to reimburse moving expenses as cited below for current open positions:

        Position
      DepartmentAmount
      1. Postdoctoral fellowPlant, Soil, Entomological Sciences $1,000
      2. Assistant ProfessorHistory$5,000
      3. Director of DevelopmentCollege of Business & Economics$5,000
      4. Assistant Professor
      (2 positions)
      Material Science$5,000 each
      5. Athletic Equipment ManagerAthletics$2,000

AUDIENCE WITH BOARD: Mr. Peterson summarized the five requests and noted that the Material Science Department included two positions with each at $5,000.

DISCUSSION: None

RESOLUTION: Mr. High moved to approve items 1-5; Ms. Billings seconded the motion. The motion carried with a unanimous voice vote.

LEWIS-CLARK STATE COLLEGE – APPROVED

6. A request to reimburse moving expenses up to $2,000 for an Assistant Professor, creative writing (non-fiction) in the Humanities Department. This request will use appropriated funds.

AUDIENCE WITH BOARD: Mr. Hasselquist summarized the request and asked for questions.

DISCUSSION: None

RESOLUTION: Mr. Goodenough moved to approve the requested moving reimbursement; Ms. Billings seconded the motion. The motion carried with a unanimous voice vote.

IDAHO STATE UNIVERSITY – APPROVED

7. A request to reimburse moving expenses up to $1,500 for a current opening for an Assistant Volleyball Coach, Athletic Department.

AUDIENCE WITH BOARD: Mr. Hasselquist reviewed the moving request.

DISCUSSION: Ms. Billings appreciated seeing the annual salary of the recruited position cited in the request.

RESOLUTION: Ms. Billings moved to approve the requested moving reimbursement; Mr. High seconded the motion. The motion carried with a unanimous voice vote.

DEPARTMENT OF CORRECTION – RECOMMENDED MOVE TO CONSENT AGENDA

8. A request to reimburse moving expenses up to $8,000 for a current opening for a Medical Services Manager, Evaluation and Compliance section.

AUDIENCE WITH BOARD: Mr. Sowers modified the requested moving expenses up to $10,000 for the Medical Services Manager. He explained that the current candidate would be moving from Arlington, Texas.

DISCUSSION: Ms. Billings asked if the person had already moved. Mr. Sowers replied negatively.

RESOLUTION: Mr. High recommended moving item 8 to the consent agenda of the Board. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

IDAHO TRANSPORTATION DEPARTMENT – APPROVED

9. A request to reimburse moving expenses up to $5,000 for a current opening for a staff engineer at the District 4 ITD office in Shoshone.

AUDIENCE WITH BOARD: Mr. Tolman explained an 18-month recruitment period for this position and current negotiations with a viable candidate. He asked for questions.

DISCUSSION: None

RESOLUTION: Mr. High moved to approve the requested moving reimbursement; Ms. Billings seconded the motion. The motion carried with a unanimous voice vote.

IDAHO DEPARTMENT OF PARKS & RECREATION – APPROVED

10. A request to reimburse moving expenses up to $5,000 for a current opening for a regional manager in Boise. The position is pay grade O and several out-of-state candidates are anticipated.

AUDIENCE WITH BOARD: Ms. Johnson described the out-of-state recruitment for this position and asked for questions.

DISCUSSION: None

RESOLUTION: Mr. High moved to approve the requested moving reimbursement; Ms. Billings seconded the motion. The motion carried with a unanimous voice vote.

DEPARTMENT OF FISH AND GAME – HOLD BOTH ITEMS UNTIL FEBRUARY 6, 2003 SUBCOMMITTEE MEETING

11. A request to write off an outstanding balance due the Idaho Department of Fish and Game of $24,675.44 for license sales by vendor David Tonn, d.b.a. Dave’s Husky Sport Shop. Last December, the subcommittee requested the department to pursue a collection agency and to report back in January 2003.

AUDIENCE WITH BOARD: Mr. Wiedmeier recapped the department’s efforts to collect the outstanding balance for license sales by Mr. Tonn. Starting in 1966, the department tried to negotiate with Mr. Tonn for 1½ years. Then they sought criminal prosecution through the Nez Perce prosecuting attorney’s office, which failed due to inadequate proof of intent for fraud. Next the department checked with the Ada County prosecuting attorney’s office and the State of Idaho Attorney General’s office. By that time, both refused the case saying the claim was too old to prosecute. The department claimed that they could not use a collection agency because it was a disputed claim.

DISCUSSION: Mr. Goodenough noted that civil court was the proper place to collect debts and again asked who said that a collection agency would not pursue recovery of the funds. Mr. Wiedmeier answered that Steve Barton, IDFG, gave him that information, and Mr. Wiedmeier personally had not talked with a collection agency. Mr. High acknowledged that the claim was over 6 years old and moved to recommend moving the request to the consent agenda. Ms. Billings seconded the motion and inquired what caused the debt? Mr. Wiedmeier said it was disputed license fees. Mr. Goodenough regretted the delay in pursuing stern measures to collect this debt, but agreed that it may be too old for collection now. Discussion followed about the vendor no longer servicing the department and this was an unusual case. Mr. High acknowledged the department’s efforts to reduce this type of claim over the last few years and encouraged the department to pursue civil litigation in a more timely manner in the future. Mr. Goodenough encouraged the department to talk with a collection agency and have their refusal to collect before he could approve this write-off.

RESOLUTION: Mr. High withdrew his previous motion and moved to hold item 11 until February 6 to see if a collection agency will pursue this claim and secure any recommendations from a collection agency regarding collection similar claims in the future. Ms. Billings approved the withdrawal and seconded the new motion. The motion was approved by unanimous voice vote.

12. A request for approval of a change in reimbursement rates for use of personal equipment and animals for Idaho Fish and Game employee transportation in performance of regular job duties as reflected by Fish and Game Policy A-3.08. Proposed rates are as follows:

Mode of Transportation
Reimbursement Rate
HORSE$32.00 per day (includes all equipment)
$16.00 per half day
$19.00 per day (stand by time)
$9.50 per half day (stand by time)
HORSE TRAILERS$26.00 per day (in addition to mileage for pickup)
JET BOAT$42.00 an hour
KAYAKS$20.00 per day (all equipment provided)
SNOWMOBILES$45.00 per day (all equipment and fuel provided)
RAFTS$32.00 per day (white water type, all equipment provided)
TRAVEL TRAILER$26.00 per day (in addition to mileage for pickup)

AUDIENCE WITH BOARD: Mr. Wiedmeier explained increases in reimbursements for privately owned modes of transportation provided by employees for travel on-the-job and noted adding reimbursement for jet boat travel at $42.00 per hour.

DISCUSSION: Ms. Billings questioned such increases during the current year of limited budgets and asked how these rates were derived? Mr. Wiedmeier said the rates were compared with commercial rates. Ms. Billings asked what area for those rates? Mr. Wiedmeier did not know. Mr. Goodenough inquired if there was a limit on per diem for equipment? Mr. Kenyon said only guidelines in the state travel policy addressed mileage. Mr. High inquired how many jet boats the department owned? Mr. Wiedmeier said they had 8 boats, but sometimes they needed more and it was not cost effective to purchase more. The department did have an employee who was willing to use his personal craft when needed. Mr. High questioned the rate and establishing a situation in which an employee could receive a windfall for using a personal boat and finding situations to justify such use.

Ms. Billings asked the department to provide more documentation about how the rates were calculated and what was the basis of the information regarding variance in types of crafts and rates. She also asked for what reimbursements were granted over the past 2 years under the current reimbursement policy? Mr. High agreed and inquired if most rentals were from someone other than a department employee and what were those rates?

RESOLUTION: Ms. Billings moved to hold item 12 pending further information until February 6, 2003. Mr. Goodenough seconded the motion. The motion was approved by unanimous voice vote.

ATTORNEY GENERAL - RECOMMENDED MOVE TO CONSENT AGENDA

13. Notification that Peter C. K. Marshall of the firm of Marshall, Batt & Fisher 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 General Fire & Casualty Co. v State of Idaho, Case No. CV-OC-0208787D.

14. 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 as Bond Counsel for the Idaho Water Resources Board regarding issuance of tax exempt bonds for United Waterworks, Inc. and its subsidiary United Water of Idaho.

15. Notification that Anne Goodwin Crump of the firm of Fletcher, Heald & Hildreth 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 Public Television, in the matter of suspension by Cable One of Carriage to Ontario, Oregon subscribers.

16. 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 the case of Scott v. Idaho State University, Case No. CV-2002-5744-OT.

17. 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, State Insurance Fund, in the case of Paul L. Orgish v. N. Idaho Correctional Institute, SIF No. 970018392; IC No. 97-041379.

18. 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, State Insurance Fund, in the case of Holly Glantz v. Division of Veterans Services, SIF No. 200104088; IC No. 01-016064.

19. Notification that Peter C. K. Marshall of the firm of Marshall, Batt & Fisher 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 General Fire & Casualty Co. v. State of Idaho, Case No. CV-OC-0208787D.

DISCUSSION: None

RESOLUTION: Ms. Billings moved to recommend placing items 13-19 on the consent agenda. Mr. Goodenough seconded the motion. The motion was approved by unanimous voice vote.

IDAHO STATE RACING COMMISSION – DEFER INDEFINITELY

20. Les Bois Race Track, Inc. (LBRT), through its attorneys Elam & Burke, P.A., requests payment of $98,991,28 from the State of Idaho for overpayments made to the equine/racing fund through Idaho State Racing Commission from November 1997 until February 2002. LBRT requests direct payment, or alternatively, suggests that: 1) the Racing Commission relinquish all future payments it receives for licensees for deposit into the equine/school fund to LBRT; or 2) LBRT be granted an offset against the income tax LBRT may become obligated to pay from time to time, until the full amount is recovered.

AUDIENCE WITH BOARD: Mr. Southcombe requested withdrawal of item 20 as negotiations were currently underway.

DISCUSSION: Mr. Ramirez, Attorney General’s Office, noted additional information submitted to the subcommittee regarding an offer from the Idaho State Racing Commission.

RESOLUTION: Mr. Goodenough moved to indefinitely differ item 20; Ms. Billings seconded the motion. The motion was approved by unanimous voice vote.

EXECUTIVE OFFICE OF GOVERNOR – RECOMMENDED MOVE TO CONSENT AGENDA

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

ID #
Description
Amount
Comments
21. 2002-3479
Drug Lab
$ 225.28
Typical
22. 2002-3389
Hazmat
3,222.34
Volatile fumes in well
23. 2002-3687
Drug Lab
311.01
Typical
24. 2002-3497
Drug Lab
2,474.32
Typical
25. 2002-3274
Airplane Crash
6,924.27
Plane crash into fuel tanker
26. 2002-3606
Drug Lab
992.92
Typical
27. 2002-3613
Drug Lab
577.17
Typical
28. 2002-3554
Fuel Spill
4,040.09
Truck wreck
29. 2002-3893
Drug Lab
819.09
Typical
30. 2002-3902
Fuel Spill
75.10
Fuel spill in parking lot
31. 2002-3667
Drug Lab
765.21
Typical
32. 2002-3677
Drug Lab
556.17
Typical
33. 2002-3804
Drug Lab
1,849.06
Found in Boise National Forest
34. 2002-3989
Drug Lab
805.05
Typical
35. 2002-4053
Drug Lab
2,041.77
Typical
36. 2002-4151
Drug Lab
353.42
Typical
Total
$ 26,032.27
AUDIENCE WITH BOARD: Mr. Ward stated these to be “run of the mill” drug lab and hazardous materials incidents and asked for any questions.

DISCUSSION: NONE

RESOLUTION: Mr. Goodenough recommended moving items 21-36 to the consent agenda of the Board. Ms. Billings seconded the motion. The motion carried with a unanimous voice vote.

DEPARTMENT OF HEALTH & WELFARE – APPROVED ANNUAL REVIEW

37. A request regarding extension of blanket approval for the Idaho Department of Health & Welfare to pay physicians overtime at the Idaho State School and Hospital. This approval authority was initially granted in 2000 to allow payment of overtime rather than accrual and use of such time. Other state agencies must apply for this authority annually. Does the Board wish to extend the blanket approval authority of the department or begin requiring an annual request and review for this authority?

AUDIENCE WITH BOARD: Mr. Kenyon explained a request in December 2000 by the Department of Health and Welfare regarding authority granted to pay overtime to physicians who were FSLA exempt at the Idaho State School and Hospital. A question arose between the department and the State Controller’s Office whether that authority was granted in perpetuity or on an annual basis. Therefore, the State Controller’s Office requested clarification from the board.

DISCUSSION: Mr. High inquired if the facts could change periodically regarding these overtime situations? Mr. Kenyon said that they could change and noted that this is the only situation in which more than an annual approval was granted regarding vacation leave caps. The subcommittee was concerned about permanently waiving a policy.

RESOLUTION: Ms. Billings moved to require an annual review for any approvals that exceed the caps or leave policy. Mr. Goodenough seconded the motion. The motion was approved by unanimous voice vote. Mr. Kenyon noted that a letter would be sent to the department affirming this action.


· INFORMATIONAL AGENDA

STATE INSURANCE FUND

38. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of December 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
$8,183,205.30
Dividend
$162.00
Commissions
$16,899.14
Policy Refunds
$207,445.48
Total
$8,407,711.92

39. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of December 2002.

    Estimated expenditure for Petroleum Clean Water Trust Fund
$750,000.00
Funds Expended in November 2002:
Payroll
$55,307.63
Operations
$5,792.88
Claim Costs
$52,315.32
Total
$113,415.83


RESOLUTION: Mr. Goodenough recommended moving items 38 and 39 to the consent agenda. Ms. Billings seconded the motion. The motion was approved by unanimous voice vote.

· NEW BUSINESS

DISCUSSION: (Tape recording failed; notes recorded manually.) The subcommittee discussed moving expense approvals and amounts. They further inquired if there were any follow-ups to ensure compliance with the board’s approved reimbursement limits. Ms. Billings commented about discussions to authorize agencies to grant moving reimbursements up to a set percentage of an employee’s salary as defined by the Board and to require approval of the Board for any moving reimbursement exceeding this limit. Further discussion was called for at a later date.

RESOLUTION: Mr. High moved to have the State Controller’s Office spot check approvals of moving expenses granted by the Board of Examiners to ensure that agencies were following the Board’s guidelines and to notify the Board of any irregularities. Mr. Goodenough seconded the motion. The motion was approved by unanimous voice vote.

There being no further business before the subcommittee and on motion duly made and seconded, THE MEETING OF THE SUBCOMMITTEE OF THE STATE BOARD OF EXAMINERS WAS ADJOURNED at 9:43 a.m.





__________/s/ Keith Johnson________________
Keith Johnson, Acting Secretary of the Board and
Acting State Controller
    Page last updated on 07/13/2006 01:53:36 PM