STATE BOARD OF EXAMINERS
MINUTES – Sub-committee Meeting
February 10, 2015 – 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: Brian Kane, Office of the Attorney General; Jani Revier, Division of Financial Management; Tim Hurst, Office of the Secretary of State; and Brian Benjamin, Office of the State Controller, as assisting secretary to the subcommittee.
Also present by invitation were: Wayne Harris, Bureau of Homeland Security; David Ronhovdee, Idaho Correctional Industries; David Fulkerson, Division of Financial Management; Dan Goicoechea, Office of the State Controller; and Renee Holt, Office of the State Controller.
Approval of official minutes for the meeting of the Sub-committee to the Board of Examiners on January 6, 2015.
Resolution: Mr. Kane moved to approve item 1. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
2. Department of Administration
a. Request for recognition of assignment according to Idaho Code §67-1027 from McMillan Owners, TIC to Holiday Partners, LLC. Lessee is Idaho State Liquor Division.
b. Request for recognition of assignment according to Idaho Code §67-1027 from The Development Company to JJKH 1, LLC. Lessee is Idaho Department of Correction, Probation and Parole.
Resolution: Mr. Hurst moved to approve item 2 and place it on the consent agenda. Mr. Kane seconded the motion. The motion carried on a unanimous voice vote.
3. Bureau of Homeland Security
Discussion: Mr. Benjamin explained the first incident was about 80-100 pounds of explosive dynamite in poor condition. They removed it to a safe location and detonated the explosives, which took two days to complete.
Date to Board
|Response to dynamite discovered along creek. (Boise County)|
Unknown White Powder
|Response to unknown white powder discovered in unclaimed bag. (Madison County)|
Mr. Benjamin explained the second incident was an unknown white powdery substance found in a backpack at BYU-Idaho in Rexburg. Idaho Falls Haz Mat team responded. They took the backpack and did some testing on the powder; it was determined that it was 99.2% match for gym chalk.
Mr. Kane asked about the status of BYU-Idaho’s recovery.
Mr. Harris stated that it is complicated. He sent the school a letter, being the obligated party. They disputed the letter. Mr. Harris got in touch with the responding officer who was on scene at the time and asked if they knew who owned the bag. The police department refused to cooperate, and said they would not give the name of the student without a court order. They said the student should not be responsible for this, and that the Idaho Falls Fire Department overreacted. Mr. Harris is working on this situation.
Mr. Hurst stated he is unsure the student should be liable for the expenses for having climbing chalk in his backpack.
Mr. Harris said that Homeland Security identified BYU-Idaho as the responsible party for the costs because they were who called about the powder. In conversation with the Attorney General’s Office, it was concluded that if this bag were unattended and turned into lost and found at the airport, this same response would have happened.
Mr. Hurst asked if they can do a field test on site.
Mr. Harris responded that in order to conduct a field test, they have to take appropriate precautions. They have to assume for the worst and hope for the best. In this instance, Rexburg Police were on scene first, then Madison County Fire, then the Idaho Falls Haz Mat team responded. With this case, Idaho Falls’ respondents were off-duty and each had to be called in to the scene.
Mr. Hurst said we should try to recover from BYU-Idaho.
Mr. Kane commented that we have to pay for every response to baby powder or climbing chalk; it reflects a system that is broken.
Mr. Goicoechea stated that it is a tough call. For the person calling authorities about the suspicious substance, it is a perceived danger. He posed the question will the fire departments quit responding to these situations if they know they will not see reimbursement.
Resolution: Mr. Kane moved to approve item 3 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
4. Department of Environmental Quality
a. Request in accordance to House Bill 615 that $260,800.00 be transferred from the Air Quality Permitting Fund #0186 to the Department of Environmental Quality Fund #0225 during the 3rd quarter of Fiscal Year 2015.
b. Request in accordance to House Bill 615 that $472,200.00 be transferred from the Public Water System Supervision Fund #0191 to the Department Environmental Quality Fund #0225 during the 3rd quarter of Fiscal Year 2015.
c. Request in accordance to House Bill 615 and 645 that $3,680,900.00 be transferred from the General Fund to the Department of Environmental Quality Fund #0225 during the 3rd quarter of Fiscal Year 2015.
Resolution: Mr. Kane moved to approve item 4 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
5. Ada County Sheriff’s Office
Request for approval pursuant to Idaho Code §31-2219, and Idaho Code §31-3203, for prisoners sentenced to ISCI and transported to the Ada County Jail upon a Judgment of Conviction or a Return on a Board Warrant for October 2014 through December 2014 in the amount of $3,082.92.
Resolution: Mr. Hurst moved to approve item 5 and place it on the consent agenda. Mr. Kane seconded the motion. The motion carried on a unanimous voice vote.
6. Ada County Clerk
Request pursuant to Idaho Code §18-2507, for the prosecution of State Penitentiary inmates in the amount of $22,475.71.
Discussion: Mr. Kane asked how the rates are set for prosecution. He said the rate seems high. For risk cases they hire attorneys at $125 per hour, and for the inmate prosecution, the attorneys are charging $140 per hour.
Mr. Benjamin commented that he would find out how the rates are set or determined.
Resolution: Mr. Hurst moved to table item 6 and revisit it next month. Mr. Kane seconded the motion. The motion carried on a unanimous voice vote.
7. Idaho Correctional Industries
Request an exemption from the State Surplus Property Policy for the sale of license plate embossing machinery to Washington Correctional Industries.
Discussion: Mr. Benjamin explained that Correctional Industries does not want this machinery to fall into the wrong hands that could end up making counterfeit license plates. The value is high enough where if it is not sold directly to a State of Idaho agency, local agency or federal agency, they would have to advertise it for competitive bid. Correctional Industries is seeking an exception to the policy. They do have an interested buyer, which is Washington Correctional Industries. There is not anything in the surplus property policy that provides for state to state. The last line of the policy says that the Board of Examiners must approve any exceptions to these guidelines. This policy needs to be updated. It was last updated in 2003.
Mr. Hurst inquired to the value of the machine.
Mr. Ronhovdee answered the value is between $5,000 - $10,000.
Resolution: Mr. Kane moved to approve item 7 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
8. Idaho State Police - Withdrawn by Idaho State Police
Request approval pursuant to Idaho Code §67-5732A to sell a 2009 GMC truck from Idaho State Police surplus to the local Internal Revenue Service office.
9. Office of the Attorney General
a. Notification that David S. Jensen of the firm of Parsons Behle, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the Public Employee Retirement System of Idaho (PERSI) in the case of ACHD v. Holiday Partners, LLC, et al.
b. Notification that Paul J. Augustine of the firm of Augustine Law Offices, PLLC, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose representing the State of Idaho, Industrial Special Indemnity Fund, in the matter of Nezira Lilic.
c. Notification that Merlyn W. Clark and Steven F. Schossberger of the firm of Hawley, Troxell, Ennis & Hawley have been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorneys General for the purpose representing the State of Idaho, Department of Administration with regard to an investigation of the procurement and execution of Idaho Education Network (IEN) contracts by the Department to ENA and Quest, new CenturyLink, and the Department’s certifications to receive federal E-Rate funds.
d. Notification that E. Scott Paul, Prosecuting Attorney with the Lincoln County Prosecutor’s Office, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose representing the State of Idaho in the matter of Thomas M. Garcia Real Property Forfeiture.
10. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight drafts for the month of December, 2014.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in December, 2014:
Workers Compensation Claim Costs
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in December, 2014:
Mr. Kane moved to adjourn the meeting at 2:00 p.m. Mr. Hurst seconded the motion.