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
March 4, 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 9:02 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 Marty Peterson, Peggy Davis, Dr. Amy Moll, Gary Ward, Tim O’Leary, and Jeff Seward.


· CONSENT AGENDA
1. Minutes–Approved

    Approval of official minutes for the subcommittee meeting of the Board of Examiners on February 5, 2004.

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


· REGULAR AGENDA
2. University of Idaho–Items 2.a-q: no board action required; items 2.r-y: Recommend approval by the board
    Request for authorization to reimburse moving expenses as cited in the following table. The following requests were received prior to publication of the new moving policy.
        Position
    PCNDepartmentSalaryUp to Amount
      a. Assistant Professor
    4536Geography
    $40,000
    $5,000
        b. Asst. Volleyball Coach
    8497Athletics
    $20,000
    $5,000
        c. Controller
    7515Finance/Admin
    $95,000
    $5,000
        d. Vice President
    6580Finance/Admin
    $130,000
    $5,000
        e. Academic Coordinator
    9032.01Residences
    $35,000
    $5,000
        f. Assistant Professor, Dairy
    1905Animal Vet. Sci.
    $60,008
    $5,000
        g. Professor & Chair
    3020Elec. Comp. Eng
    $100,000
    $5,000
        h. Chair
    0290Statistics
    $86,000
    $5,000
        i. Assistant Professor
    0104Communications
    $40,000
    $5,000
        j. Assistant Professor
    0853Plant Science
    $58,905
    $5,000
        k. Asst. Professor
    2681Mathematics
    $45,000
    $5,000
        l. Asst. Professor
    4824Interior Design
    $45,000
    $5,000
        m. Asst. Professor
    1059Aberdeen R&E Ctr.
    $53, 684
    $5,000
        n. Associate Professor
    4468College of Law
    $80,500
    $5,000
        o. Visiting Assistant Professor
    2810College of Ed
    $44, 000-
    50, 000
    $5,000
        p. Assistant/Associate Professor
    9385College of Ed
    $44, 000
    $5,000
      q. Director -- Teaching, Learning and Leadership
    2670College of Ed
    $75,000
    $5,000

Audience with the Board: Mr. Peterson explained that items a-q were submitted to the Board after the effective date of the new State Moving Policy, yet prior to its publication. He believed that all of these fell within the Board’s new policy of agency determination.

Resolution: The subcommittee agreed to apply the new policy granting agency discretion for these moving requests. No board action required.


    r. Request for authorization to reimburse moving expenses up to $10,000 for Dr. Jon Van Gerpen. The Subcommittee of the State Board of Examiners had given approval for up to $5,000 for this open position on August 7, 2003. Dr. Van Gerpen will be moving from Ames, Iowa to Moscow and his moving expenses will be paid from local services fund.

Audience with the Board: Mr. Peterson noted that last August the subcommittee approved up to $5,000 for Dr. Van Gerpen, however the actual moving costs exceeded that amount. Therefore, the University is requesting another $5,000 for a total of up to $10,000 for this move.

Resolution: Mr. High moved to approve item 2r. Mr. Foltman seconded the motion. The motion carried with a unanimous voice vote.


    Request for authorization to allow additional reimbursement of moving expenses as cited in the following table. All of these coaches were granted approval for specified amounts by the Subcommittee of the State Board of Examiners on February 3, 2004.
        Position
    PCNDepartmentSalaryAdditional AmountTotal Up to Amount
      s. Nick Holt, Head Coach
    8550Athletics
    $135,012.80
    $5,000
    $10,000
        t. Jeff Mills, Asst. Coach
    8559Athletics
    $70,012.80
    $5,000
    $10,000
        u. Nate Kaczor, Asst. Coach
    8554Athletics
    $70,012.80
    $5,000
    $10,000
        v. Joel Thomas, Asst. Coach
    8558Athletics
    $70,012.80
    $1,500
    $6,500
        w. Chad Brown, Asst. Coach
    8555Athletics
    $35,006.40
    $2,500
    $6,000
        x. Jason Eck, Asst. Coach
    8551Athletics
    $40,019.20
    $2,700
    $6.700
      y. James Cregg, Asst. Coach
    8556Athletics
    $50,003.20
    $1,800
    $6,800

Audience with the Board: Mr. Peterson recalled that items 2.s-y were presented as a lump sum approval last month, but the subcommittee approved each individual up to $5,000. At this time, the University requests approval for higher moving allowances for these individuals based on the actual moving bids reported to the institution.

Discussion: Mr. High remarked that last month the subcommittee lacked directives from the Board regarding exemptions to the new policy and what the Board members wished to review directly. Hence, they only approved the policy maximum. Mr. Foltman acknowledged that these are reasonable requests for recruitment and retention of valued staff. Mr. Goodenough asked a few questions about individual bids.

Resolution: Mr. Foltman moved to recommend approval by the board and to review with each board member what moving issues were of concern to them. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

3. Boise State University–Recommend approval by the board

    Request for authorization to reimburse moving expenses up to $15,000 for Dr. Peter Meullner, Associate Professor of Materials Science and Engineering, PCN 2543. Dr. Meullner’s annual salary will be $72,000. Originally this position was approved for $5,000 on November 6, 2003. Dr. Meullner’s family will be relocating from Zurich, Switzerland. An additional $5,000 is requested for moving expenses; an additional $5,000 for airfare. All moving expenses will be paid from the Micron Foundation grant.

Audience with the Board: Ms. Davis briefed the subcommittee on the circumstances of Dr. Meullner’s move from Switzerland. Dr. Moll commented that Dr. Meullner was an outstanding candidate with strong research background and was well published. She noted that the move would be paid through the Micron Foundation Grant.

Discussion: Mr. Foltman asked if Dr. Meullner was recruited from Europe or had he been in the United States? Dr. Moll answered that Dr. Meullner was in Europe during recruitment, but had been at MIT and completed a post-doctorate in the United States about seven years ago. Mr. Foltman noted that this was an unusual international recruitment and wondered how Dr. Meullner connected with this job opening? Dr. Moll said that he had responded to job advertisements, but BSU did not seek this particular candidate.

Resolution: Mr. Goodenough moved to recommend approval for item 3. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

4. Bureau of Hazardous Materials, Division of Military, Executive Office of Governor–Recommend approval by the board and approval to write-off 4.e

    Request for authorization to issue deficiency warrants for reimbursement of response costs incurred during February 2004 pursuant to Idaho Code §39-7110.
    ID #
    Description
    Amount
    Comments
    Date to Board
      a. 2004-0264
    Drug Lab
    $1763.85
    Drug Lab breakdown
    2-10-04
      b. 2003-5396
    Drug Lab
    1584.59
    Drug Lab breakdown
    2/19/04
      c. 2003-4747
    Spill
    767.71
    SUV drove into lake
    2/23/04
      d. 2003-5129
    Drug Lab
    939.00
    Drug Lab breakdown
    3/1/04
      e. 2003-4477
    Hazmat
    1535.96
    Ammonia leaking at ice rink
    1-28-04
    Total
    $6591.11
Audience with the Board: Mr. Ward summarized the incidents and noted a letter from General Kane requesting the Board to forgive item 4.e. He also remarked about an individual who had called requesting a payment schedule to pay for a drug lab cleanup.

Discussion: Mr. Foltman inquired if there were any policy guidelines about forgiving a debt? Mr. Kenyon referred to General Kane’s letter. Mr. Goodenough requested an actual signature on the letter requesting the write-off of this debt.

Resolution: Mr. Foltman moved to recommend approval of item 4 including the write-off of 4.e provided the General sign the write-off request letter. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

5. Idaho State Police–Recommend approval by the board

    Request for authorization to pay Lt. Jack Catlin a portion of his accrued 71 hours of compensatory time. Lt. Catlin is the sole access as the “controlling agent” for a confidential informant in a major drug trafficking investigation. The department anticipates that Lt. Catlin will continue to accrue additional time and will not be able to take any time off in the near future.

Audience with the Board: Mr. O’Leary explained the circumstances involving a local investigator and an ongoing drug trafficking case. He noted a shortfall in personnel at the department and the expediency of keeping Lt. Catlin involved in this case.

Discussion: Mr. Foltman questioned in the request was for only a portion of the accrued 71 hours or the entire amount. Mr. O’Leary replied that fiscal analyses of available funds hindered that decision until yesterday: the department wishes to pay the full 71 hours. Mr. Foltman wondered about future overtime accrual by this individual. Mr. O’Leary answered that they anticipate another six months for this case, but he was not able to guarantee how long the case would last.

Mr. Goodenough asked Ann Heilman, Director of Division of Human Resources, for any comments. Ms. Heilman acknowledged the unusual circumstances of this request and the maximum of vacation accrual as well.

Mr. Foltman questioned the open-ended additional accrual of overtime with this situation. Mr. O’Leary affirmed that this was a request only for the currently accrued 71 hours.

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

Mr. High asked for some guidelines regarding overtime / compensatory time payoffs for unusual or emergency circumstances. Mr. Kenyon suggested examples to define unusual or emergency circumstances. Ms. Heilman and Mr. Kenyon volunteered to develop some guidelines. The subcommittee voiced agreement to establish a review committee involving SCO and IDHR to develop some case-by-case guidelines for overtime / compensatory time payoffs in unusual or emergency circumstances.

6. Ada County Prosecutor–Recommend approval by the board

    Request for authorization to pay $12,536.61 for the cost of closed cases handled by the Ada County Prosecutor dealing with the prosecution of State Penitentiary inmates for calendar year 2003. Legislative Services Office has audited this claim and recommends payment in the amount of $12,532.61.

Discussion: Mr. Foltman noted that this was not a question of paying these types of claims, but the timing of the request and payment.

Resolution: Mr. Goodenough moved to recommend approval of item 6. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

7. Office of the State Treasurer–Present on the regular agenda

    Request for approval to issue the fiscal year 2004 Tax Anticipation Notes.

Resolution: Mr. High moved to place item 7 on the regular agenda of the Board. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

8. Idaho Transportation Department–Recommend approval by the board

    Request for recognition of assignment as executed by Assignor Promark, Inc. and Assignee Bitterroot Valley Bank, both of Lolo, Montana, for contractual obligations of the Idaho Department of Transportation, State of Idaho, regarding the assignment of all rights of payment for Projects IMG-0005(123) and IMG-0006(110), District 5 and 6 Pavement Striping, pursuant to Idaho Code §67-1027.

Resolution: Mr. High moved to recommend board approval of item 8. Mr. Foltman seconded the motion. The motion carried with a unanimous voice vote.

9. Department of Fish and Game–Recommend approval by the board

    Request for a six (6) month extension of the maximum allowable time to sell the primary residence of Lester McDonald, Sportsman Relations Coordinator, Idaho Department of Fish and Game. Mr. McDonald was relocated June 2002 from Council to Nampa and subsequently relocated to McCall June 2003. His has been unable to sell his Council home due to the depressed market and typically slow sales in the winter months. The department hopes this extension will allow Mr. McDonald the opportunity during spring and summer months to sell his home and complete his move to McCall.

Audience with the Board: Mr. Seward noted a unique request in which a enforcement officer based in Council was relocated to Nampa in 2002. The employee had difficulty selling his home in Council and later a position opened in McCall. He then transferred to McCall in 2003. Due to depressed market in Council, the department requests an additional 6 months for the employee to sell his home.

Discussion: Mr. Foltman asked if the employee was living in Council and commuting? Mr. Seward said he has been commuting to both Nampa every 2-3 days, and now is commuting to McCall. Mr. Foltman inquired what would happen if the home continued to be unsold after six months. Mr. Seward said the employee would have to make an employment decision. He further expounded on the poor market conditions in Council.

Resolution: Mr. High moved to recommend approval of item 9. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

10. Military Division, Executive Office of the Governor

    Ratification of four situational clarifications of State Travel Policy sections covering meals and refreshments for agency meetings, pursuant to February 2004 directive by the Subcommittee of the State Board of Examiners.

Discussion: The subcommittee noted that the recommendations followed the State Travel Policy. Ms. Heilman inquired if this was a problem. Mr. Kenyon replied that this was an internal agency debate. The subcommittee requested moving the item to the information agenda for the Board.

· INFORMATIONAL AGENDA
11. Attorney General

    Notification that Ronald D. Christian 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 case of Defendant A [Petitioner] v. Idaho State Bar, Idaho Supreme Court Docket No. 30376.

12. Legislative Services Office
    Notification that the Legislative Audits, Legislative Services Office, has completed a requested review of appropriations, expenditures and records of the Board of Examiners (442) for fiscal years ended June 30, 2001, 2002, and 2003.

13. 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 February 2004.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $15,000,000.00
      Funds Expended in January 2004
      Workers Compensation Claim Costs
    9,414,248.36
      Dividend
    4,642,258.41
      Commissions
    25,397.77
      Policy Refunds
    182,779.33
      Total
    $14,264,683.87
    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 February 2004.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in January 2004:
      Payroll
    82,577.87
      Operations
    7,788.68
      Claim Costs
    133,807.59
      Total
    $224,174.14

· New Business
Discussion: Mr. High commented on a potential bill for the State Board of Examiners to pay legal fees associated with certain civil rights cases before a federal court. The subcommittee discussed options for a process to pay these claims in a timely manner and from what fund. Mr. Kenyon commented about Ada County claims that may be held for a year before payment due to insufficient appropriation to pay all claims. Mr. Foltman noted little support for deficiency warrant authority. He thought this issue may be introduced this session, but more realistically, it may be addressed next year.


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 9:45 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.

    Page last updated on 07/13/2006 01:33:10 PM