STATE BOARD OF EXAMINERS
MINUTES – Subcommittee Meeting
February 10, 2009 – 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: David Fulkerson, Division of Financial Management; Chuck Goodenough, Deputy Secretary of State; Steve Olsen, Deputy Attorney General, and Brandon Woolf, Office of the State Controller, as assisting secretary to the subcommittee.
Also present by invitation were; Mary Halverson, Bureau of Homeland Security; Mark McClaine, Bureau of Homeland Security; Richard Humiston, Department of Health and Welfare; Alex Westfall, Washington Trust Bank; Mike Cooper, Idaho Department of Agriculture; Kelly Nielsen, Idaho Department of Agriculture; Tara Orr, Office of the Attorney General; Sherm Furey, Office of the Attorney General; Conrad Aiken, Racine Olson Nye Budge & Bailey Chartered; Dan Goicoechea, Office of the State Controller; and Debbie Wonch, Office of the State Controller.
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on January 13, 2009.
Resolution: Mr. Goodenough moved to approve item 1 and place it on the consent agenda. Mr. Fulkerson seconded the motion. The motion carried on a unanimous voice vote.
2. Bureau of Homeland Security, Division of Military
Date to Board
|Meth lab in rural Idaho County|
Discussion: Mr. Olsen asked about the receipts included for pizza and groceries. He asked if there was a policy in place regarding responders’ food items like this.
Ms. Halverson answered that the responders were working for 11 hours and were two hours away from their home station. There is not a policy in place stating they can or cannot purchase food after a certain amount of hours worked, but they have internal policies for each individual department of response teams. Ms. Halverson will research this issue further.
Resolution: Mr. Olsen moved to approve item 2, less the $69.90 spent for the responders’ meal. Mr. Fulkerson seconded the motion. The motion carried on a unanimous voice vote.
3. Military Division
Request for approval pursuant to Idaho Code §72-928 of payment of worker’s compensation claims for members of the Idaho National Guard, resulting while the soldier was on duty in the amount of $2,443.16.
Resolution: Mr. Goodenough moved to approve item 3 and place it on the consent agenda. Mr. Fulkerson seconded the motion. The motion carried on a unanimous voice vote.
4. Department of Agriculture
Request approval for deficiency warrant spending authority for the following items:
a. Potato Cyst Nematode Survey, Detection and Eradication Program - $250,000.
b. Survey, Detection and Eradication Programs for Pests and Diseases - $75,000.
Total authorization requested for March 1, 2009 through February 29, 2010: $325,000.
Discussion: Mr. Cooper explained that the current request from the Department is over $1 million dollars lower from last year’s request. The funding for item a. will help support the Department’s costs of personnel, etc. This is the State’s portion of dealing with the PCN eradication in Shelley, Idaho, in cooperation with the USDA. Item b. is the usual amount requested for the year, and involves many surveys and tests done around the state.
Mr. Goodenough asked where item b. comes into play and asked why it is not an appropriation process.
Mr. Cooper answered that they have been down the road a few times, but have been turned down each time. Part of the issue is that it is hard to budget for items when it is unclear of what pests or diseases might turn up and increase or decrease the need for funding.
Resolution: Mr. Fulkerson moved to place item 4 on the consent agenda. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.
5. Health and Welfare
Request approval for recognition of assignment as executed by Assignor Business Psychology Associates, Inc. and Assignee Washington Trust Bank, both of Boise, Idaho, for security rights to payment from Idaho Department of Health and Welfare Contract Numbers RC015900 and BC008100 pursuant to Idaho Code §67-1027.
Discussion: Mr. Woolf noted that this item came before the Board in 2006 and other previous years. He also checked with the Department of Administration regarding recognition of assignments. The recognition of assignments that Admin requests approval of are for leases, and this assignment is for a contract, so it is a little different.
Mr. Aiken explained that he represents Washington Trust Bank and Alex Westfall is his client. They have been lending money to Business Psychology Associates for many years and lend $3 million dollars on a revolving line of credit to BPA. In the event that the loan would go down, it is important that the Controller recognize that under the rights of the code the State would need to pay.
Mr. Olsen said he looked at the statue and security agreement and the State of Idaho is protected in the agreement as well.
Mr. Humiston explained that the contracts are regarding substance abuse treatment and mental health. Business Psychology Associates provides good service to the Department and the Department pays BPA on a regular basis.
Resolution: Mr. Olsen moved to approve item 5 and place it on the consent agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.
6. Office of the Attorney General
Request approval pursuant to Idaho Code §67-5302(20) for the use of the Special Overtime Paid (ONL) time code for overtime worked by four Attorney General’s Office investigators while they are performing as certified peace officers in Internet Crimes Against Children (ICAC) cases. The overtime work will be paid from grant funds from the U.S. Department of Justice.
Discussion: Mr. Furey explained they have a federal grant that has been appropriated to the Office of the Attorney General and have spending authority to spend it. The question comes that in order to use it for overtime, it becomes an accounting nightmare in trying to differentiate between this project’s overtime and regular overtime. Mr. Furey said they came to the Controller’s Office to get permission to use the ONL time code to property account for the hours worked. He mentioned that through ICAC, they have found 1,000 computers in Idaho with child pornography on them. Many of the law enforcement agencies which are partners with ICAC are not trained to the level that the office’s investigators are. The real issue is that the money is available to have investigations done, but there are not enough people qualified to do it.
Ms. Orr noted at this time they do not know how much overtime will be involved. It would not be a significant amount, but they do need a separate means to account for it.
Discussion was made whether the item should be on the consent or regular agenda. It is a matter of disclosure.
Resolution: Mr. Goodenough moved to place item 6 on the consent agenda. Mr. Fulkerson seconded the motion. The motion carried on a unanimous voice vote.
7. Office of the Attorney General
a. Notification that Lawrence E. Kirkendall, Attorney at Law, 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 matter of Gary Brown, IC#04-001660.
b. Notification that Paul Madden of the firm of Whiteford, Taylor & Preston, LLP in Baltimore, Maryland, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of consultation, research, and advice on federal tax and regulatory issues related to plan qualification and compliance, as needed and when requested by PERSI.
c. Notification that V. Rafael Stone of the firm of Foster Pepper, PLLC in Seattle, Washington, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representation of PERSI in investment-related transactional matters that include, but are not limited to, PERSI’s private equity and private real estate investments.
8. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of December, 2008.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
|Funds Expended in December, 2008|
|Workers Compensation Claim Costs|
Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of December, 2008.
Estimated expenditure for Petroleum Clean Water Trust Fund
|Funds Expended in December, 2008:|
| Claim Costs|
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.