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
February 5, 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 9:00 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 Jeff Shinn, Peggy Davis, Sue Hill, Gary Ward, LeRae Nelson, Mark Agenbroad and Ann Heilman.


· CONSENT AGENDA
1. Minutes–Approved

    Approval of official minutes for the subcommittee meeting of the Board of Examiners on January 8, 2004.

Discussion: Mr. Foltman noted that last month the subcommittee held a write-off request by the Department of Fish and Game, yet that item was not on today’s agenda. Mr. Kenyon responded that the department had not responded with further information.

Mr. Foltman remarked that the pending claim against the State for attorney’s fees related to the Idaho Coalition United for Bears was being reviewed to determine if it would be a general fund or another fund expense. He affirmed that the claim would be paid soon.

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

· REGULAR AGENDA
2. University of Idaho–Approved items 2a-b & approved items 2c-l provided the individual reimbursements complied with provisions of the State Moving Policy

    Request for authorization to reimburse moving expenses as cited in the following table.
        Position
    PCNDepartmentSalaryUp to Amount
      a. Associate Professor
    College of Law
    $72,000 - $75,000
    $5,000
      b. Tom Jager, Head Women’s Swim Coach
    8671Athletics
    $44,012
    $5,000

Resolution: Mr. Goodenough moved to approve items2 a-b. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

    In addition, the University requests authorization for moving expenses up to $78,000 total for the new football coaching staff. The new head coach, Mr. Holt, will determine the amount coaches will receive for their individual household moves. The $78,000 request includes the following coaches:
        Position
    PCNDepartment
    Salary
      c. Nick Holt, Head Coach
    8550Athletics
    $135,012.80
        d. Jeff Mills, Asst. Coach
    8559Athletics
    $70,012.80
        e. Nate Kaczor, Asst. Coach
    8554Athletics
    $70,012.80
        f. Joel Thomas, Asst. Coach
    8558Athletics
    $70,012.80
        g. James Cregg, Asst. Coach
    8556Athletics
    $50,003.20
        h. Jason Eck, Asst. Coach
    8551Athletics
    $40,019.20
        i. Jonathan Smith, Asst. Coach
    8552Athletics
    $39,998.40
        j. Johnny Nansen, Asst. Coach
    8557Athletics
    $39,998.40
        k. Alundis Brice, Asst. Coach
    8553Athletics
    $35,006.40
      l. Chad Brown, Asst. Coach
    8555Athletics
    $35,006.40

Audience with the Board: Mr. Shinn explained the unique group approach for items c-l. This approach had been utilized for the CAMBR research team at the university in 2002. He requested a fixed amount up to $78,000 for the football coaching staff and authority for the new head coach to determine the distribution of moving reimbursements to the coaching staff.

Discussion: Mr. Goodenough and Mr. High questioned if this approach was paying moving expenses? Mr. Shinn said he did not know what criteria were used to define this request. Mr. High inquired if the intent was to stay within the limits of $5,000 or 10% of base salary? Mr. Shinn agreed that would be his understanding, but commented on the ten coaches at $5,000 would be $50,000 and four individuals at higher base salaries. Mr. Foltman inquired how the $78,000 was derived? Mr. Shinn did not know. Mr. Goodenough asked where the coaches were coming from and would like more information? Mr. Shinn stated that they were from a variety of places.

Mr. High inquired if the intent was to comply with all portions of the State Moving Policy including actual costs and limits? If so, he had no problem with the head coach deciding who receive what amount. Yet, if this request asked for exemptions to the policy itself, then the Board would require individual requests with explanation of the circumstances. Mr. High also asked if this request was time critical? Mr. Shinn did not know, but believed that the coaches had been recruited.

Resolution: Mr. High moved to approve items 2c-l provided each individual does not exceed provisions of the State Moving Policy currently being considered for approval today and if there were any additional charges, the University would apply for individual exemptions to this policy from the Board. Mr. Goodenough second the motion provided the individual reimbursements did not exceed actual moving expenses and a limit up to the $5,000 or 10% of the individual’s base salary, whichever was the least. Mr. High concurred and so amended his motion. Mr. Goodenough then seconded the motion as amended. The motion carried with a unanimous voice vote.

3. Idaho State University––Approved items 3a-i

    Request for authorization to reimburse moving expenses as cited in the following table.
        Position
    PCNDepartment
    Salary
    Up to Amount
      a. Visiting Assistant Professor
    Anthropology, College of Arts & Sciences
    $37,000
    $500
        b. Assistant Professor
    Biology, College of Arts & Sciences
    $42,000
    $2,000
        c. Professor
    Chemistry, College of Arts & Sciences
    $90,713
    $5,000
        d. 2 Assistant Professors
    Chemistry, College of Arts & Sciences
    $45,000
    $2,000 each
        e. Assistant Professor
    Management, College of Business
    $70,000
    $5,000
        f. Assistant Professor
    Counseling, College of Health Professions
    $44,000
    $2,000
        g. 6 Resident Physicians (1st year)
    Family Medicine, College of Health Professions
    $34,382
    $1,000 each
        h. Resident Physician (2nd year)
    Family Medicine, College of Health Professions
    $35,714
    $1,000
      i. Research Assistant Professor
    Institute of Rural Health, College of Health Professions
    $60,000
    $2,000

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

4. Boise State University–Approved items 4a-e

    Request for authorization to reimburse moving expenses as cited in the following table.
        Position
    PCNDepartmentSalaryUp to Amount
      a. Dean
    2246Department of Education
    $107,635
    $5,000
        b. Provost
    1102Boise State University
    $141,107
    $5,000
        c. Assistant Professor
    2087School of Social Work
    $48,000
    $5,000
      d. Assistant Professor
    2082School of Social Work
    $48,000
    $5,000
      e. Assistant Professor
    2169Department of Accountancy
    $87,000
    $5,000

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

5. Department of Health & Welfare–Approved

    Request for authorization to reimburse moving expenses for Patrick Guzzle, Program Manager for the Food Protection Program, Office of Epidemiology and Food Protection. Mr. Guzzle’s annual salary is $46,405 and will be relocating from Pocatello to Boise, Idaho.

Audience with the Board: Sue Hill explained this request for moving expenses up to $2,500.

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

6. Bureau of Hazardous Materials, Division of Military, Executive Office of Governor–Approved items 6a-e, omit item 6f, hold item 6g until March, and approve items 6h-k

    Request for authorization to issue deficiency warrants for reimbursement of response costs incurred during January 2004 pursuant to Idaho Code §39-7110.
    ID #
    Description
    Amount
    Comments
    Date to Board
      a. 2003-4530
    Drug Lab
    $1421.19
    Drug lab breakdown
    1/12/04
      b. 2003-4791
    Drug Lab
    1760.57
    Drug lab breakdown
    1/23/04
      c. 2004-0181
    Drug Lab
    2466.59
    2 drug labs, 1 at a house, 1 in a vehicle. Same responsible party
    1/23/04
      d. 2003-4431
    Hazmat
    106.30
    Two cleaners, Ammonia & Chlorine, mixed causing a toxic cloud
    1/27/04
      e. 2003-4153
    Hazmat
    2890.90
    Mercury spill at Minidoka Hospital
    1-27-04
      f. 2003-4336
    Spill
    337.98
    Truck wreck / fuel spill
    1/27/04
      g. 2003-4477
    Hazmat
    1535.96
    Ammonia leaking at ice rink
    1-28-04
      h. 2003-4943
    Drug Lab
    287.52
    Drug Lab Breakdown
    1-29-04
      i. 2003-5206
    Drug Lab
    1358.82
    Drug Lab Breakdown
    1-30-04
      j. 2004-0180
    Drug Lab
    274.54
    Drug Lab Breakdown
    2/2/04
      k. 2004-0261
    Drug Lab
    103.42
    Drug Lab in Vehicle
    2-2-04
    Total
    $12,543.79
    $12,205.81
Audience with the Board: Mr. Ward itemized the response costs on the list. He said items d-e were likely to be paid by the responsible party, that item f had been paid since this request was submitted, and item g was a non-profit organization who had asked for this bill to be forgiven.

Discussion: Mr. Kenyon inquired if there was a policy on forgiving debts? Mr. Ward said that his supervisor and the Adjutant General considered these situations. Mr. Foltman inquired if any previous claims have been forgiven? Mr. Ward said, “Yes, due to severe hardship on individuals.” Some discussion followed regarding any perceived blanket exemption for non-profit organizations and at what level should a forgiveness be granted. Mr. High suggested that if a claim needed discretionary billing, then Military should send notice to the Board and the Board could rule on such debts.

Mr. Foltman agreed that some policy needed to be established, but questioned the board’s authority relative to the authority of General Kane on these issues. Mr. Kenyon affirmed that the Board of Examiners must approve a write-off of a debt owed the State. He suggested conferring with General Kane and the subcommittee agreed

Resolution: Mr. Foltman moved to approve items 6a-e, omit item 6f, approve items 6h-k for a total of $10,669.85 and hold until March item 6g pending recommendations from Military. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

7. Military Division, Executive Office of Governor–Differed pending consultation with SCO and recommendations to Board at time uncertain

    Request for clarification of the State Travel Policy covering meals and refreshments for meetings in the context of four situations.

Audience with the Board: LeRae Nelson discussed the bureau’s struggle with interpreting the State Travel Policy regarding per diem and agency provided meals or refreshments. She explained four scenarios and asked for clarification of each.

Discussion: Mr. Kenyon affirmed rules under section 11 of the State Travel Policy regarding informal meetings that disallowed meal expenses and under section 12 regarding reimbursable meals. Ms. Nelson explained that these criteria were being satisfied and prompted discussion by the subcommittee about required agendas, mandatory attendance, and when an agency may provide meals or refreshments for all attendees. Mr. High suggested a dialog between SCO and Military to determine the resolution for each scenario and to present policy and procedure recommendations to the board.

Resolution: Mr. Foltman moved to differ item 7 pending agency consultation with SCO and SCO providing recommendations to the Board at time uncertain. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

8. State Controller’s Office– Recommend approval by the board of new policies and procedures as revised by subcommittee

    Request for board approval to amend State Moving Policy and adopt a new State Real Estate Relocation Policy. These policy drafts have been reviewed over the past months by several agencies: DHR; DFM; DEQ; IDPR; IDL; IDFG; and ITD. The FPAC committee reviewed the final drafts and submitted recommendations for final revisions. All recommendations and comments have been incorporated into these final drafts and a summary sheet included citing changes in the policy documents.

Audience with the Board: Kathy Ewert summarized the policy drafts and summaries of changes. She asked the subcommittee for clarification on the proposed $5,000 or 10% of base salary clause and fielded questions from the subcommittee.

Discussion: Mr. High noted that he believed the questionable clause should be “which ever is the lesser” without having to come before the board for approval. Mr. Foltman affirmed the lesser value yet flexibility for agencies below the limit. Ann Heilman inquired what the current draft language stated and Mr. High explained. Mr. Shinn acknowledged that this new policy would reduce the number of requests coming before the board.

Mr. Kenyon recalled the annual report requirement for college and universities to declare all moving expense reimbursements each year to the board. Ms. Heilman questioned if all agencies should report? Mr. Kenyon explained that the other agencies’ reports may be extracted through STARS, but the college and universities could not. Mr. High requested that SCO create an annual report for non-academic agencies each year.

Mr. High itemized some language adjustments in the moving policy, section II to allow agencies discretionary authority and strike language on consistency; and to modify section IIIA with language allowing agency discretion up to the limits of the policy. Mr. High questioned the language of “agency director or designated representative? Ms. Ewert explained that the policy included a glossary, which defined this phrase more fully to encompass the variety of situations in state government; this was accepted.

Resolution: Mr. Goodenough moved to recommend approval by the board of the amended State Travel Policy with revisions in section II and III as presented by Mr. High and the new State Real Estate Relocation Policy as presented. Mr. Foltman seconded the motion. The motion carried with a unanimous voice vote.

Mr. Foltman requested a note of appreciation be presented to FPAC for their good work and sound suggestions. Mr. Kenyon acknowledged Ms. Ewert contributions and Ms. Heilman remarked that the new policies were easy to read.

· INFORMATIONAL AGENDA
9. Attorney General

    Notification that Mick Hodges of the firm of Peterson, Hodges & Harper has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the Bureau of Child Support for the State of Idaho.

10. College and University Annual Moving Reports
    Notification of the state college and universities of their annual moving report to the State Board of Examiners.

11. State Controller’s Office–Recommend Board to pursue legislation for 11b
    a. Notification of closure of a rotary fund for the Outfitters and Guides effective January 21, 2004.

    b. Notification to the Board of the annual moving reports of the state college and universities.


Discussion: Mr. Kenyon commented how inadequate the current budget request would be compared to a bill just received from Ada County for prosecutor’s services. Additionally, the sheriff’s bill had not arrived yet. He explained that the board needed to either request a larger appropriation in FY05 or pursue authorization to issue deficiency warrants. This problem is reoccurring since the claim amounts are unpredictable. Mr. High described exploring an appropriation or the constitutional defense fund to pay the ICUB claim submitted to the Board last month. He suggested an appropriation bill to cover both and follow-up with a bill on deficiency warrants. Mr. Foltman inquired if the Board should recommend the deficiency warrant method? Mr. High suggested a recommendation including both be added to the next agenda for the Board.

Resolution: Mr. Foltman moved to recommend that the Board request the legislature to adopt legislation providing authority to issue deficiency warrants regarding both Ada County’s services and the cases of section 1983 attorney’s court fees awarded by federal courts. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

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 January 2004.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $15,000,000.00
      Funds Expended in December 2003
      Workers Compensation Claim Costs
    9,142,508.84
      Dividend
    0
      Commissions
    2,341,489.94
      Policy Refunds
    179,773.42
      Total
    $11,663,772.20
    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 January 2004.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in December 2003:
      Payroll
    58,221.52
      Operations
    44,502.10
      Claim Costs
    61,780.55
      Total
    $164,504.17



· NEW BUSINESS
13. State Travel Policy
Discussion: Mr. Kenyon explained his hesitancy for SCO to decide policy for the Board to agencies, such as item 7. He added that a similar situation was in hand with the Department of Fish and Game. He wondered if SCO could review these questions about Board policies and procedures and offer recommendations to the agency and Board for ratification. These ratifications would build a history of precedences to examine the Boards policies and procedures. Ms. Ewert has recommended separating the agency provided meals and refreshments section from the State Travel Policy, which addresses individual employee meal reimbursements, because of the frequent confusion regarding these two modes of assisting employees with meals and refreshments.

Resolution: The subcommittee as a whole concurred that SCO should review, make recommendations and submit those recommendations to the Board regarding interpretation of Board policies and procedures. SCO would also inform the questioning agency that the recommendation would be subject to Board ratification at the next regularly scheduled hearing. The subcommittee also requested SCO to investigate the need to amend the State Travel Policy.

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 10:00 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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