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
MINUTES
SUB-COMMITTEE MEETING
STATE BOARD OF EXAMINERS
Thursday, March 4, 1999 - 9:00 a.m.
Office of State Controller - 5th Floor Conference Room A



Members Attending: Jeff Malmen, Office of Governor
              David High, Office of Attorney General
              H. W. Turner, Office of State Controller
              Ben Ysursa, Office of Secretary of State

Visitors Attending: Kelly Nielsen, Department of Agriculture
              Craig Wiedmeier, Department of Fish and Game
              Tim O'Leary, Department of Law Enforcement
              John McAllister, Department of Labor
              Ken Winkler, State Liquor Dispensary
              Brad Foltman, Division of Financial Management
              Robin Haley, State Tax Commission
              R. Troy Mortensen, System Tech
              Larry Buell, Department of Health and Welfare .
              Peggy Haar, State Controller's Office
              Audrey Musgrave, State Controller's Office



1. DEPARTMENT OF AGRICULTURE - Kelly Nielsen, Fiscal Officer
    Request for authorization for deficiency warrant spending for the following with spending authority to carry forward from Fiscal Year 1999 to Fiscal Year 2000:
          Grasshopper Control Program $49,000.00
          Mormon Cricket Control Program $ 600.00
          Survey Program for Pests and Diseases $70,000.00
      Kelly Nielsen reported this is their annual request for spending authority for controlling pests for 1999 calendar year. David High asked if all funds were spent each year and Kelly said, no, that is why they request authorization to carry the funds forward to the next fiscal year. Jeff Malmen made a motion to recommend approval on the consent agenda. David High seconded the motion. Passed unanimously.


2. DEPARTMENT OF FISH AND GAME - Craig Wiedmeier, License Section Supervisor
    Request for relief from payment of $25,187.75 for 1996 licenses sales for Max Green d.b.a. Green's Will-o-way, Preston, Idaho. The vendor filed bankruptcy in March 1996 and criminal charges have been filed against Mr. Green with the local prosecuting attorney. The local prosecuting attorney has refused to file charges against Mr. Green. This was discussed at the September 30, 1998 Sub-Committee meeting and was delayed for further investigation until the Attorney General's Office could report back.
      Craig Wiedmeier reported Deputy Attorney General Dallas Burkhalter has reviewed the request and is asking for relief of payment in the amount of $25,187.75. Ben Ysursa made a motion to recommend approval on the Consent Agenda. Jeff Malmen seconded the motion. Passed unanimously.

    DEPARTMENT OF LAW ENFORCEMENT - Tim O'Leary, Human Resource Officer

3. Request for authorization to pay compensatory time for the following supervisors of the Idaho State Police, accrued between July 1, 1998 through February 6, 1999. The employees are supervisors in various capacities and the nature of their work will not allow much flexibility to take off accumulated hours.
      Saundra DeKlotz 29.5 hours Steve Rashke 100.8 hours
      Ralph Powell 40.0 hours Dave Cordova 65.5 hours
      Danny Bunderson 40.1 hours Clyde Kaffenberger 30.0 hours
      Curt Exley 32.5 hours Pat McDonald 43.5 hours
      Bob Lee 117.0 hours Robert Lockett 85.0 hours
David Rich 118.1 hours Glen Schwartz 89.0 hours
      Duane Sammons 96.0 hours Byron Diehl 29.0 hours
      Mike Fosbury 100.5 hours Ken Albrecht 26.0 hours
      Tim O'Leary reported they would like to pay compensatory time for Idaho State Police supervisory employees who are at, or near, vacation leave maximum allowed. They do not foresee the employees taking the time off in the near future. Ben Ysursa mentioned the Board is reluctant to approve payment of compensatory time for under 25 hours and some employees are close to 25. David High made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. Passed unanimously.


4. Request for authorization to pay overtime during calendar year 1999 for supervisory and administrative staff for the Idaho Marijuana Eradication Program. Funding has been received from the Drug Enforcement Administration, U.S. Forest Service, and the Bureau of Land Management.
      Tim O'Leary stated this is the annual request to pay overtime for supervisory and administrative staff involved in the marijuana eradication program. This is funded entirely through federal funds. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. Passed unanimously.

    DEPARTMENT OF LABOR - John McAllister, Deputy Director

5. Request for authorization to reinstate sick and vacation leave for three employees of the Orofino Job Service Office who were injured in a work-related automobile accident on June 17, 1998. The sick and annual leave taken would be converted to administrative leave and future accident-related leave for these injured employees would be charged entirely to administrative leave.
              Jerry Brown 527.6 sick leave
              34.0 vacation leave
              561.6

              Pat Farrington 140.9 sick leave
              217.8 vacation leave
              358.7

              Maria Gray 74.0 sick leave
              55.8 vacation leave
              129.8
      John McAllister stated five employees of the Orofino Job Service Office were involved in a work-related automobile accident on June 17, 1998. Two were killed, and three critically injured. The employees are recovering and using worker's compensation, sick leave and vacation leave in order to receive 100% of their regular salaries. The department would like to restore the employee's sick and vacation leave balances to the amounts at the time of the accident, and charge to administrative leave. Peggy Haar, Administrator, Division of Statewide Payroll, stated in 1983 an agreement was reached between Idaho Personnel Commission, Office of Group Insurance, Public Employees Retirement System, State Insurance Fund and the State Auditor's Office regarding coordination of benefits and wages for employees on workers compensation leave of absence. It does not allow for any "buy back" or "adjustment" of leave balances. Peggy said there is no basis for reinstating leave, and credited state service, pay issues, and W-2 issues need to be considered. John stated he felt it is a matter of justice because the employees were attending a meeting at the time of the accident. Deputy Attorney General Evelyn Thomas has been researching this situation and has been unable to find a solution. David asked Peggy if reinstating leave would affect W-2's. Peggy stated earning types may be affected but W-2's would not be an issue. She said a precedent may be set if this is approved. She has received requests in the past and has told the agencies leave balances cannot be reinstated. David High suggested holding the request for legal research and review. Ben Ysursa also suggested delaying for thorough review. David asked that Evelyn Thomas contact him and they will review the request.
6. Request for authorization to use $70,000 of Penalty & Interest monies under Idaho Code §72-1348(b) to provide partial funding for a project to educate Idaho employers on Year 2000 computer issues. This project is being operated by TechHelp, Idaho's Manufacturing Extension Partnership Center. The funding will allow TechHelp to conduct these Y2K activities at a reduced cost in order to make them more attractive to small businesses, and to engage in more extensive marketing and outreach to business.

      John McAllister stated they would like to use Penalty & Interest monies to fund seminars around the state to educate small businesses on Year 2000 problems. Ben Ysursa made a motion to recommend approval on the Consent Agenda. Jeff Malmen seconded the motion. Passed unanimously.
7. STATE LIQUOR DISPENSARY - Ken Winkler, Chief Financial Officer
    Request for authorization to temporarily lift the vacation leave cap for the following employees who worked as temporary employees and were later given benefits or hired as full time employees. The Public Employees Retirement System (PERSI) has determined that prior to their classified appointments the employees met the
    benefit eligibility criteria and appropriate transactions are being processed to grant the eligible months of state service, sick leave and vacation hours accumulated during the audited periods. The addition of the eligible vacation hours will cause the employees to exceed the maximum allowable vacation hours.
      Current Add Vac Hours
      Vac Hours Eligible Hrs Total Hrs over Max
      Evelyn Fauley 19.8 193.6 213.4 21.4
      Sandra Campbell 86.2 309.4 395.6 155.6
      Leree Craig 49.8 235.2 285.0 45.0
      Alma Fisk 75.4 283.1 358.5 166.5

      Ken Winkler stated they have four employees whom PERSI has determined to be eligible for benefits. By granting the employees additional vacation leave it will put them over the maximum leave allowed. The agency requested lifting the vacation leave caps, and will work with the employees to reduce the balances. Jeff Malmen made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion contingent that the department will meet or beat the Board of Examiners policy to reduce vacation leave below limits established by law. Motion passed unanimously.


8. LAVA HOT SPRINGS FOUNDATION - Brad Foltman, DFM
    Request for authorization to pay 181.0 hours compensatory time for Mr. Robert I. Meline accrued from February 1997 to October 1997, and February 1998 to December 1998. Mr. Meline will not have time to use the hours before his last day of employment, tentatively scheduled for March 20, 1999.
      Brad Foltman, Division of Financial Management, stated Lava Hot Springs Foundation requested him to represent them at the meeting. Robert Meline will be terminating employment soon and the Foundation would like to pay his compensatory time. Ben Ysursa questioned whether Mr. Meline should receive compensatory time because he is an executive director. Peggy Haar, Administrator, Division of Statewide Payroll, stated Mr. Meline's FLSA code was changed May 10, 1993 to allow him to accrue compensatory time. She also stated EIS records show he has 125.0 hours compensatory time, not 181.0, as requested. Brad Foltman said apparently it was incorrectly coded years ago. David High questioned if it was coded wrong in the first place, then why should he be paid for compensatory time? Ben Ysursa asked if there had been any discussion with Mr. Meline that he would be paid. Brad said he was advised that Mr. Meline was not told he would be paid. David suggested Mr. Meline remain with Lava Hot Springs long enough to use the compensatory time and then terminate employment. Brad suggested they possibly could use administrative leave instead of comp time. David High made a motion to decline the request and not compound the coding error but explore other ways to pay him, such as through administrative leave, if the Lava Hot Springs Foundation chooses. Jeff Malmen seconded the motion. Passed unanimously. Ben Ysursa reminded that Idaho Code states compensatory time is forfeited by employees when terminated from state service.


9. STATE TAX COMMISSION - Robin Haley, Financial Officer
    Request for authorization to pay the following FLSA exempt employees for compensatory time earned while working on internal Y2K projects from approximately March 1999 through June 1999. Most employees have reached, or are near, their maximum annual leave accrual balances.
        Greg Alder Chuck Pond Steve Wilson
        Linda Janes Ken Repp Celin Damron
        Paul Jenkins Steve Thimsen Renee Marsh
        Sonnia Lane James Watson Kelly Carter
        Tondra Nutt
      Robin Haley stated they would like to pay compensatory time earned for IT related positions` while working on Y2K projects. She said they are requesting approval now instead of after the time is accrued for motivation reasons, and they also would be able to use current 1999 funds instead of 2000. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. Passed unanimously.


10. SYSTEM TECH / DEPARTMENT OF HEALTH AND WELFARE - R. Troy Mortensen, President, System Tech; and Larry Buell, Purchasing Officer, Department of Health and Welfare
    Request from System Tech for an additional $2,215.50 in payment for installation of network communications cabling for the Department of Health and Welfare in Orofino, Idaho. Because of obstacles encountered after the initial proposal of $2,450.00 was submitted on September 1, 1998, an additional $2,215.50 in costs were incurred. The original proposal amount of $2,450.00 has been paid.
      Troy Mortensen stated his company completed a project in Orofino for the Department of Health and Welfare and only received partial payment. They are requesting payment for an additional $2,215.50 that was accrued in addition to the original proposal because not all materials were received on time, etc. Mortensen was told the bidding and estimate process was not followed properly so his company could not be paid. Larry Buell said that a certain Department of Health and Welfare employee did not have authority to grant permission for the additional charges, but that Mortensen was under the impression she could. She also thought there was a contract with the company. Larry said it was not a proper bill but System/Tech actually did the work in good faith. Ben Ysursa questioned why the Department of Health and Welfare did not resolve the situation and why it was presented to the Board of Examiners. Larry said the Department of Health and Welfare felt it would be going outside the contract if paying for the additional charges and that is paid the amount it could without putting it out to bid. Larry said he definitely feels the bill should be paid. David High made a motion to recommend approval on the Consent Agenda. Jeff Malmen seconded the motion. Passed unanimously.

11. OFFICE OF ATTORNEY GENERAL
    Notification that Rex Blackburn, of the firm of Evans, Keane has been appointed to represent the interests of the State of Idaho in the Gomez, et al. v. Spalding, et al., Case No. CIV-91-0299-S0-LMB.
      Ben Ysursa made a motion to recommend approval on the Consent Agenda. Jeff Malmen seconded the motion. Passed unanimously.


12. DEPARTMENT OF TRANSPORTATION
    Request for approval of Recognition of Assignment as executed by Assignor Adair & Sons Construction, Inc., Post Falls, Idaho, and Assignee Idaho Sand & Gravel Co., Nampa, Idaho, for approximate contract sum of $230,000.00 under Contract Nos. ER-3882(102) and ER-3882(103) (State of Idaho Key Nos. 7541 and 7542) consisting of land slide repair to be performed between milepost 60 and milepost 10.0, west of Cambridge, Washington County, Idaho.
      Ben Ysursa made a motion to recommend approval on the Consent Agenda. Jeff Malmen seconded the motion. Passed unanimously.
    13. OFFICE OF ATTORNEY GENERAL
      Notification that Michael J. Kane of the firm of Anderson, Kane & Tobiason has been appointed to represent the interests of the State of Idaho in the J-U-B Engineers, Inc. v. RH2 Engineering, Inc. et al., Board of Registration of Professional Engineers and Professional Land Surveyors Docket Nos. 99.20 (A) and 99.20(B).
        Ben Ysursa made a motion to recommend approval on the Consent Agenda. Jeff Malmen seconded the motion. Passed unanimously.
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