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
March 6, 2003
5th Floor Conference Room A
700 W. State Street, Boise, Idaho


The subcommittee meeting of the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 9:02 a.m. by Steve Allison, assistant to the secretary of the Board of Examiners.

The following board members or their representatives were present, constituting all the members: Brad Foltman, Office of the Governor; Dave High, Office of the Attorney General; and Chuck Goodenough, Office of the Secretary of State.

Also present by invitation were Cynthia Hill, Marty Peterson, Peggy Davis, Gary Broker, Ken Miracle, Gary Ward, Tim O’Leary, Liza Carberry, Joni Booth, Mike Cooper, Kelly Nielsen, Ann Heilman and Mike Gilmore.


· REGULAR AGENDA
1. Minutes – Approved (a) and recommended (b) to consent agenda for the board

    a. Approval of minutes for subcommittee meetings on February 6, 2003, January 9, 2003 and December 5, 2002.

    b. Approval of minutes for regular board meeting on February 11, 2003, January 14, 2003 and December 10, 2002.


Resolution: Mr. High moved to approve the subcommittee minutes and to recommend the board minutes to the consent agenda. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

2. Lewis-Clark State College – Approved

    Request for authorization to reimburse moving expenses up to $5,000 for a Dean, School of Technology, Academic Affairs, from appropriated funds. The anticipated salary for this position is $70,000 - $74,000 and the college hopes to fill the position by July 1, 2003.

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

3. Idaho State University – Approved (a-n)

    Request for authorization to reimburse moving expenses for the following open positions:
      Position
    DepartmentSalaryAmount
      a. Director
    Academic Outreach, College of Arts & Sciences$38,000$2,000
        b. Assistant Professor
    Biological Sciences, College of Arts & Sciences$39,000$2,000
        c. Assistant Professor
    Biological Sciences, College of Arts & Sciences$39,000$2,000
        d. Assistant Professor
    Communication & Theatre, College of Arts & Sciences$39,000$2,000
        e. Assistant Professor
    English & Philosophy, College of Arts & Sciences$39,000$2,000
        f. Postdoctoral Researcher
    Geosciences, College of Arts & Sciences$38,000$750
        g. Assistant Professor
    History, College of Arts & Sciences$39,000$2,000
        h. Assistant Professor
    History, College of Arts & Sciences$39,000$2,000
        i. Assistant Professor
    Mass Communications, College of Arts & Sciences$39,000$2,000
        j. Assistant Professor
    Mathematics, College of Arts & Sciences$39,000$2,000
        k. Assistant Professor
    Music, College of Arts & Sciences$39,000$2,000
        l. Assistant Professor
    Sociology & Social Work, College of Arts & Sciences$39,000$2,000
        m. Assistant Professor
    Finance, College of Business$75,000$5,000
      n. Internal Medicine Faculty
    Family Practice Residency, College of Health Professions$151,000$5,000
Resolution: Mr. High moved to approve items 3 (a-n). Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

4. University of Idaho – Approved (a-o and r-v) and recommended (p-q) to consent agenda for the board

    Request for authorization to reimburse moving expenses for the following currently open positions:
      Position
    DepartmentSalaryAmount
        a. Dairy Scientist
    Animal Veterinary Science – Twin FallsNot cited$5,000
        b. Assistant Professor
    MathematicsNot cited$5,000
        c. Assistant Football Coach
    AthleticsNot cited$5,000
        d. Assistant Athletic Director
    AthleticsNot cited$5,000
        e. Assistant Vice President
    Facilities & OperationsNot cited$5,000
        f. Assistant Professor
    Counseling & Testing CenterNot cited$5,000
        g. University Counsel
    President’s OfficeNot cited$5,000
        h. Assistant Professor
    Geological SciencesNot Cited$5,000
        i. Postdoctoral Fellow
    Center for Advanced Microelectronics / Biomolecular ResearchNot Cited$5,000
        j. Director of Development
    College of Letters, Arts, & Social SciencesNot Cited$5,000
        k. Manager, Parking & Transportation
    Conferences and EventsNot Cited$5,000
        l. Director of Major Gifts
    Office of DevelopmentNot Cited$5,000
        m. Supervisor, Food Toxicology Center
    Food Science and ToxicologyNot Cited$5,000
        n. Superintendent / Associate Professor
    Southwest Idaho Research & Extension CentersNot Cited$5,000
        o. Visiting Assistant Professor of Piano
    Lionel Hampton School of MusicNot Cited$5,000
        p. Dean
    College of ScienceNot Cited$10,000
        q. Dean
    College of Agricultural & Life SciencesNot Cited$10,000
        r. Assistant Football Coach (2nd position)
    AthleticsNot Cited$5,000
        s. Assistant Professor
    Dairy Nutrition, Animal Veterinary ScienceNot Cited$5,000
        t. Assistant Professor
    Theriogenology, Animal Veterinary ScienceNot Cited$5,000
        u. Assistant Professor
    Agriculture Economics & Rural SociologyNot Cited$5,000
        v. Extension Educator
    Community Development, Teton CountyNot Cited$5,000
Audience with the Board: Mr. Peterson noted the two dean positions exceeding $5,000 and explained the length of this list reflected early retirements offered by the university.

Discussion: The committee members discussed the history of moving reimbursements based on salary level, some unusual expenditures and the need for salary declarations with requests.

Resolution: Mr. Foltman moved to request salary information along with other pertinent data for all moving reimbursement requests as specified by the State Controller’s Office henceforth. Mr. High seconded the motion. The motion carried with a unanimous voice vote. Further, Mr. Foltman moved to approve items a-r excluding p & q and to recommended p & q to the consent agenda for the board. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

5. Boise State University – Approved (a-c)

    Request for authorization to reimburse moving expenses for the following open positions:
      Position
    DepartmentSalaryAmount
      a. Assistant Professor
    Accountancy$78-82,000$5,000
        b. Dean
    Engineering$125,000$5,000
      c. Department Chair
    Engineering$85-100,000$5,000
Resolution: Mr. Goodenough moved to approve items a-c. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

6. Idaho Department of Health & Welfare – Approved

    Request for authorization to reimburse moving expenses up to $5,000 for a physician / psychiatric specialist at State Hospital North in Orofino, Idaho.

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

7. Department of Agriculture – Approved

    Request for authorization to reimburse moving expenses up to $3,000 for a principal seed analyst at the ISDA Seed laboratory in Boise, Idaho.

Audience with the Board: Mr. Miracle explained difficulties recruiting for this principal analyst position and the importance of offering moving reimbursement.

Resolution: Mr. Foltman moved to approve item 7. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

8. Executive Office Of Governor – recommend (a) to consent agenda for the board

    Request for authorization to issue deficiency warrants for reimbursement of response costs incurred during February 2003 pursuant to Idaho Code 39-7110.
    ID #
    Description
    Amount
    Comments
      a. 2002-0004
    Drug Lab
    $1,214.90
    Mobile lab
    Total
    $1,214.90
Resolution: Mr. High moved to recommend item 8 to the consent agenda. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

9. Idaho State Police – Defer one month pending DHR job audit

    Request for authorization to accrue and immediately pay overtime for Tom St. Claire, IT programmer, who will be working on a federally funded project for the department. There will be no impact on the general fund and no savings if the department were to outsource the project.

Audience with the Board: Mr. O’Leary request prior authorization for Mr. St. Claire to accrue and be paid straight overtime as a professional IT employee.

Discussion: Ann Heilman requested postponement for one month to conduct a job audit since there are possible discrepancies in classifications, i.e. certain IT positions, of which 8 are FLSA covered and eligible for time-and-half overtime and 32 are professional and exempt from overtime. Under her division’s authority and if the audit merited changes, Ms. Heilman may change some positions to FLSA covered, then a waiver by the board might not be necessary as an unusual or emergency circumstances for Mr. St. Claire. The subcommittee discussed the time necessary for this audit and agreed that consistent classification was needed among all IT positions. They also weighed the use of overtime pay as an unusual circumstance for this specific case and Mr. O’Leary explained that Mr. St. Claire did not expect time-and-half for the overtime; just assurance that he would be paid for the additional accrued comp time. Ms. Heilman also noted that Mr. St. Claire currently had 32 hours of comp time and wondered if the subcommittee wished to payoff that accrual. She also expressed concern about the emergency and unusual circumstances of this case and about the potential of setting a precedent. The subcommittee further debated timeliness of the work, use of federal v. state funds to pay for the extra work and the unusual circumstances of the request.

Resolution: Mr. High moved to defer item 9 for one month and upon no change in classification, the subcommittee would likely at that time recommend approval on the consent agenda in April. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

10. Office of the State Treasurer – recommend to regular agenda for the board

    Request for authorization to issue the fiscal year 2003 Tax Anticipation Notes.

Resolution: Mr. Goodenough moved to recommend placing item 10 on the regular agenda for the board. Mr. High seconded the motion. The motion carried with a unanimous voice vote.


11. Department of Labor – Defer pending discussion and recommendation from the Joint Finance-Appropriations Committee

    Request for authorization to use up to an additional $50,000 of Penalty and Interest monies in FY03 for Wage and Hour costs pursuant to I.C. 72-1348(b). These additional funds are needed due to the budget holdbacks and the costs incurred in implementing the Farm Labor Contractor Licensing law passed by the legislature last year.

Audience with the Board: Ms. Booth outlined the request before the board.

Discussion: Mr. Foltman noted that this is an appropriation from the general fund in FY03, which the legislature is currently adjusting and felt this matter needed to be placed before the Joint Finance-Appropriation Committee (JFAC) of the Idaho Legislature while in session.

Resolution: Mr. Foltman moved to defer item 11 pending presentation to JFAC and some communication from the legislature addressing this request. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

12. Department of Agriculture – recommend to consent agenda for the board

    Request for authorization to issue deficiency warrant for spending authority to cover the cost of:

    a. Grasshopper/Mormon Cricket Control Program. A 2002 summer survey showed a significant risk of Mormon cricket infestation in southeastern Idaho. Likewise, a grasshopper survey indicated a risk and the need for protection of re-vegetation planting on public lands burned in 2001. The Department would like to conduct a comprehensive nymphal and adult grasshopper survey in Idaho and, if needed, implement control programs in the state in 2003 and beyond. Cost estimates are $50,000 for personnel costs and $200,000 for operating expenses for a total of $250,000.

    b. Survey Programs for Pests and Diseases. The state of Idaho should continue to conduct detection surveys for the export certification of agricultural products and to determine the presence of pests and diseases as early as possible. To accommodate a shift to fiscal year basis instead of calendar year, the department requests $50,000 for personnel costs and $20,000 for operating expenses for a total of $70,000 to cover the period from the date of approval up to June 30, 2003.


Resolution: Mr. Foltman moved to recommend items 12 (a-b) to the consent agenda. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

13. Attorney General – recommended (a) to regular agenda and (b) to consent agenda for the board

    a. Notification pursuant of Article IV, § 18 of the Idaho Constitution of an Order Authorizing Payment, issued by the Honorable Deborah A. Bail on February 6, 2002, regarding payment of compensation of Special Remedial Master Charles Hummel.

Audience with the Board: Mr. High noted the history of the appointment of the Special Remedial Master, the role of the Board of Examiners and Supreme Court in paying for the master’s services since there is no appropriation to pay this bill, and that Judge Bail’s order to pay is currently being contested in court. He introduced Mike Gilmore, Attorney General’s Office, who further explained the State Controller’s position on record that there was no fund from which to pay for this service and that Judge Bail has ordered the Special Remedial Master to cease all further work until there is some resolution regarding his pay.

Discussion: Mr. Foltman noted that this claim might be paid from the Board of Examiner’s appropriation, but that fund is insufficient to pay even claims traditionally approved from that fund, i.e. items 14-15 below, and seriously questioned the ability to pay this bill under the current budget crisis. Mr. High affirmed that there is currently no appropriation to pay this claim and the State has contested this claim before the Idaho Supreme Court. The subcommittee discussed art VII, § 13 regarding drawing money on appropriations; art IV, § 18 regarding the board’s duty to consider and act on claims; and art. V, § 10 providing the Supreme Court has jurisdiction to hear claims against the state and able to recommend to the legislature.

Resolution: Mr. High moved to recommend Item 13(a) for the regular agenda with a written summary of the subcommittee’s recommendations: a) there is no appropriation to pay this claim and it is a contested claim and b) recommend board defer to Idaho Supreme Court with respect to the recommendation to be made to the Idaho Legislature. Mr. Foltman seconded the motion. The motion carried with a unanimous voice vote.


    b. Notification that Paul J. Augustine of the firm of Blackburn & Jones 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 cases of Trapp v. Bonner County, IC No. 00-038651, SIF No. 200018476; Grove v. Sch. Dist. 101, IC No. 01-501913, SIF No. 200104547; and Taranda v. Rick C. Hay, IC No. 02-522203; SIF No. 200216983.

Resolution: Mr. Foltman moved to recommend item 13(b) to the consent agenda. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

14. Ada County Sheriff – Defer pending final approval of FY03 holdbacks

    Request for reimbursement of costs incurrent in the transport of ISCI prisoners by the Ada County Sheriff upon a Judgment of Conviction or a return on a Board Warrant for calendar year 2002 in the amount of $6,299.68. Legislative Services Offices has audited this claim. They found one exception in the amount of $500.02 and recommend payment in the amount of $5,799.66.


15. Ada County Prosecutor – Defer pending final approval of FY03 holdbacks
    Request for reimbursement of closed cases handled by the Ada County Prosecutor dealing with the prosecution of State Penitentiary inmates through December 31, 2002 in the amount of $2,812.70. Legislative Services Office has audited this claim. They found no exceptions and recommend payment in the amount of $2,812.70

Audience with the Board: Mr. Allison summarized items 14-15 and explained that the current appropriation of the Board of Examiners was insufficient to pay both claims in full. He noted that the State Controller’s Office had historically prorated claims and paid portions from two fiscal year appropriations.

Discussion: The subcommittee discussed the uncertainty of the current fiscal year appropriation and various options to pay these claims.

Resolution: Mr. Foltman moved to defer items 14-15 pending final approval of FY03 holdbacks and would likely proceed at that time by prorating the claims. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

16. Department of Administration – recommended (a-b) to consent agenda for the board

    a. Request for recognition of assignment as executed by Assignor Olson & Associates Architects, P.A., of Nampa, Idaho, and Assignee Insight Architects, P.A., of Boise, Idaho, for a transfer of interest in four (4) DPW Projects: DPW Project #96-460, Secured Care Unite Addition and Remodel, Idaho State Veterans Home; DPW Project #97-214, New Tennis Facilities, Boise State University; DPW Project #00-501, Remodel, Capital Park Plaza; and DPW Project #01-040, Remodel, Civil Litigation Office Space pursuant to Idaho Code § 67-1027.

    b. Request for recognition of assignment as executed by Assignor Sundance Investments Limited Partnership of Boise, Idaho, and Assignee IRET Properties, of Minot, North Dakota, for a real property lease regarding the State of Idaho, by and through the Idaho Department of Health and Welfare as ‘Lessee’ and Lessee’s occupancy of 1700 Westgate Drive (aka 7790 Fairview Avenue), Boise, Idaho, pursuant to Idaho Code § 67-1027.


Resolution: Mr. High moved to recommend items 16 (a-b) to the consent agenda. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

· INFORMATIONAL AGENDA
17. State Insurance Fund

    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of February 2003.
      Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $15,000,000.00
    Funds Expended in January 2003
    Workers Compensation Claim Costs
    $9,740,104.84
    Dividend
    $3,690,217.88
    Commissions
    $17,358.66
    Policy Refunds
    $161,037.16
    Total
    $13,608,718.54
    b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of February 2003.
      Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
    Funds Expended in January 2003:
    Payroll
    $80,447.73
    Operations
    $7,110.62
    Claim Costs
    $144,266.83
    Total
    $231,825.18

There being no further business before the subcommittee and on motion duly made and seconded, THE MEETING OF THE SUBCOMMITTEE OF THE STATE BOARD OF EXAMINERS WAS ADJOURNED at 10:10 a.m.




__________/s/ Keith Johnson________________
Keith Johnson, Acting Secretary of the Board and
Acting 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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