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 12, 2010 – 1:30 p.m.
Joe R. Williams Building, 5th Floor Conference Room A

The regular meeting of the Subcommittee to the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 1:30 p.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following members were present: Wayne Hammon, Division of Financial Management; Tim Hurst, Deputy Secretary of State; Brian Benjamin, Deputy Attorney General, and Brandon Woolf, Office of the State Controller, as assisting secretary to the subcommittee.

Also present by invitation were: Mark McClaine, Bureau of Homeland Security; Mary Halverson, Bureau of Homeland Security; David Fulkerson, Division of Financial Management; Joni Booth, Department of Labor; John McAllister, Department of Labor; Mike Johnson, Department of Labor; Larry Ingram, Department of Labor; Dan Goicoechea, Office of the State Controller; Merideth Hackney, Office of the State Controller; and Deborah Wonch, Office of the State Controller.


CONSENT AGENDA

1. Minutes
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on December 8, 2009.

Resolution: Mr. Hammon moved to approve item 1. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.


REGULAR AGENDA

2. Bureau of Homeland Security
ID #
Description
Amount
Comments
Date to Board
    2009-00227
Haz Mat/Mercury Spill
$26,180.87
Mercury spill at apartment complex, insurance company involved. In the process of collecting.1/5/2010
TOTAL
$26,180.87

Discussion: Mr. Hurst asked how much mercury spilled.

Mr. McClaine answered that the amount spilled was about three cups, which constitutes a major spill. Last March several children took the mercury out of some old thermometers and played with it in water bottles. Then in September the children brought the mercury back out to play with. At this time, they had mercury on their clothing and had tracked it inside their apartments, the parking lot, their school buses, and classrooms. The mercury was found by carpet layers who spotted the substance in a parking lot. There were five fire departments involved in this incident, as well as Public Health, DEQ, EPA, local law enforcement, ISP, and the school district.

Resolution: Mr. Hammon moved to approve item 2 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.


3. Ada County
Request for approval pursuant to Idaho Code 18-2507, for the payment of costs incurred by Ada County for the prosecution of State Penitentiary inmates in the amount of $1,052.08.

Discussion: Mr. Woolf explained that Ada County used to give the Board of Examiners an annual bill for the prosecution of inmates, and now the Board receives a billing statement as they arrive.

Resolution: Mr. Benjamin moved to approve item 3 and place it on the consent agenda. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.

    4. Office of the State Controller and Department of Labor
    Request pursuant to Idaho Code Section 67-1026, to offset vendor payments against seizure eligible Department of Labor Accounts. If approved, it is preferred that it be effective until specifically rescinded by the Board.

    Discussion: Ms. Hackney explained that they are asking approval to divert any monies going out to a vendor that has a delinquent account with the Department of Labor. The amount being diverted would vary based on the amount being paid to the vendor and would be limited by whatever is actually outstanding and delinquent on the Department of Labor. The process has been tested against production vendor payments and could have recovered approximately $17,000. Ms. Hackney stated that the Department of Labor has the listing of delinquent accounts that is updated from day to day.

    Mr. Ingram explained that the only funds they would be going after would be delinquencies.

    Mr. Johnson said that the list would not be static. It would be updated daily. These are only accounts where notice and demand has been made, and a lien is in place.

    Mr. Hurst asked how many delinquent accounts there are.

    Mr. Johnson said roughly 10,000 vendors about $2.1 million that would have been eligible.

    Ms. Hackney stated that not all of those vendors are doing business with the state. There might only be 2,000 vendors in that list that we would pay.

    Mr. Benjamin said that they would only be interested in the vendors doing business with the state.

    Mr. Hammon commented that it makes perfect sense. Why would we pay someone who owes the state money?

    Mr. Goicoechea noted that in meetings with the Department of Labor, discussions were made as to the scope of the issue, and the analysis from Labor’s attorney general. They did not want to put the Controller’s Office in the crosshairs of somebody angry because they have been seized. Mr. Goicoechea said that Labor has worked hard to have this iron-clad. It will send a message to those vendors that government is working together to protect the assets of the citizens.

    Resolution: Mr. Hammon moved to approve item 4 and place it on the regular agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.


    5. Department of Labor
    Request approval to use Penalty and Interest monies under Idaho Code 72-1348 for the following:

    a. $3,200 for the purchase of (one time cost) and $524 annually for software maintenance for the Department of Labor’s share of the Department of Administration’s purchase of Fire Eye security software.

    b. Up to $1.6 million for the Industrial Administration Building to improve energy efficiency and reduce operating costs.

    c. Up to $37,790 annually for 3 years for the Veterans Serving Veterans Americorp grant and up to $75,000 for the Serve Idaho administrative grant.

    Discussion: Mr. Hammon noted that the Industrial Administration Building has been worked on for quite awhile.

    Mr. McAllister explained that the whole building has single pane windows which lose a lot of heat.

    Mr. Hammon asked how much money is left in the account.

    Ms. Booth answered they have over $2 million.

    Mr. McAllister said they are working hard with the Department of Energy on this issue to see if there is any federal stimulus money that could help out.

    Mr. Hurst asked if this is commonplace to use the Penalty and Interest money.

    Mr. Hammon said they use the fund for buying buildings, repairing buildings, purchasing computers, and other related items. All three items are in line with how the Department uses the fund. But the $1.6 million for the building is a larger amount than what the Board normally sees.

    Mr. Hurst asked if this ever goes through the budget.

    Mr. Hammon answered no, it is perpetually appropriated.

    Resolution: Mr. Hurst moved to approve item 5 and place it on the consent agenda. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.

      INFORMATIONAL AGENDA

      6. Office of the Attorney General
      Discussion: Mr. Woolf stated he wanted to make a disclosure on item 6.a. The State Controller’s Office has requested the legal assistance of David High to help with the 218 agreement work and review.

      Mr. Goicoechea noted that Mr. High has agreed to do this work at a rate lesser than his advertised rate.

      a. Notification that David G. High, Attorney at Law, has been appointed pursuant to Idaho Code §67-1409 as special deputy attorney general for the purpose of providing legal assistance to the State of Idaho, Office of the State Controller, as it conducts a system-wide referendum set forth in Section 218(d)(3) of the Social Security Act pertaining to coverage for firefighters who became members of PERSI as allowed by Idaho Code §59-1532.

      b. Notification that Alan R. Harrison of Alan R. Harrison Law, PLLC, has been appointed as Special Deputy Attorney General for the purpose of representing the State of Idaho, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program.

      c. Notification that Michael J. Kane of the firm of Kane & Associates, PLLC, has been appointed as special deputy attorney general for the purpose of representing the State of Idaho, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program. in the case of Lowe v. Idaho Transportation Department.

      d. Notification that Edwin L. Litteneker, Attorney at Law, has been appointed as special deputy attorney general for the purpose of representing the State of Idaho, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program.

      e. Notification Stephen J. Muhonen of the firm of Racine, Olson, Nye, Budge & Bailey, Chtd., has been appointed as special deputy attorney general for the purpose of representing the State of Idaho, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program.

      f. Notification that Susan K. Servick, Attorney at Law, has been appointed as special deputy attorney general for the purpose of representing the State of Idaho, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program.

      g. Notification that Timothy J. Stover of the firm of Worst, Fitzgerald & Stover, PLLC, has been appointed as special deputy attorney general for the purpose of representing the State of Idaho, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program.

      h. Notification that Deputy Attorney General Chris N. Topmiller, has been permitted to accept additional outside employment at the College of Western Idaho in an educational program conducted under the supervision of the State Board of Education. Mr. Topmiller will teach two courses in criminal justice at the college one evening per week and on Saturday starting the 2010 Spring Semester.

      i. Notification that Larry E. Prince, of the firm of Holland & Hart, LLP, has been appointed as special deputy attorney general for the purpose of representing the State of Idaho, Board of Land Commissioners, in the case of Tamarack Resort, LLC.

      j. Notification that Merlyn W. Clark, of the firm of Hawley, Troxell, Ennis & Hawley, LLP, has been appointed as special deputy attorney general for the purpose of representing the State of Idaho in the case of Syringa v. Dep’t of Admin.

      k. Notification that Peter C. Erbland, of the firm of Paine Hamblen, LLP, has been appointed as special deputy attorney general for the purpose of representing the State of Idaho in the case of Crick v. State of Idaho.


      7. State Insurance Fund
      a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of November, 2009.
          Estimated expenditure for workers compensation claim costs, dividends and premium refunds
      $18,000,000.00
        Funds Expended in November, 2009:
        Workers Compensation Claim Costs
      $10,848,432.44
        Dividend
      0
        Commissions
      0
        Policy Refunds
      439,269.84
        Total
      $11,287,702.28
      b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of November, 2009.
          Estimated expenditure for Petroleum Clean Water Trust Fund
      $750,000.00
        Funds Expended in November, 2009:
        Payroll
      $62,971.65
        Operations
      24,522.33
        Claim Costs
      43,159.34
        Total
      $130,653.32

      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 02/16/2010 03:35:10 PM