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
April 3, 2003
5th Floor Conference Room A
700 W. State Street, Boise, Idaho


The regular meeting of the Subcommittee of the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 9:00 a.m. pursuant to §67-2002, Idaho Code and order of the chair.

The following board members or their representatives were present, constituting all the members: Darrell Manning, Office of the Governor; Dave High, Office of the Attorney General; Chuck Goodenough, Office of the Secretary of State, and Steve Kenyon, Office of the State Controller, as assisting secretary to the subcommittee.

Also present by invitation were Peggy Davis, Reida Bow, Ken Miracle, Tim O’Leary, Joni Booth, Dwight Johnson, Connie Smith, Susan Lowman-Thomas, Richard Jones, Gary Ward, and Ann Heilman

· REGULAR AGENDA
1. Minutes - Approved

    Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on March 6, 2003.

Resolution: Mr. Manning moved to approve the minutes as presented. 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 $2,000 for an Assistant Professor / Clinical Coordinator, anticipated salary $36,000, in the Division of Nursing & Health Sciences at Lewis-Clark State College.

Resolution: Mr. Manning moved to approve the request. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

3. Idaho State University – Approved

    Request for authorization to reimburse moving expenses up to $2,000 for an Assistant Professor, anticipated salary $39,000, in the English & Philosophy Department at Idaho State University.

Resolution: Mr. Manning moved to approve the request. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

4. Boise State University – Approved

    Request for authorization to reimburse moving expenses as noted below for the following positions:
        Position
    PCNDepartmentSalaryUp to Amount
      a. Director
    3197Parking & Transportation Services$65,000$5,000
      b. Supervising Consultant
    1239Safety & Health Consultation Program$55,000$5,000
      c. Assistant Soccer Coach
    1723Athletics$31,500$5,000
      d. Assistant Women’s Basketball Coach
    1720Athletics$47,000$5,000
      e. Assistant Professor
    2010Art Department$40,000$5,000
      f. Assistant Professor
    2013Art Department$40,000$5,000
      g. Assistant Professor
    2014Art Department$40,000$5,000
      h. Academic Advisor
    1408College of Business & Economics$33,000$5,000
      i. Executive Director
    3122Morrison Center$65,000$5,000
      j. Assistant Professor
    2342Management Department$64,000 -75,000$5,000
Audience with the Board: Ms. Davis noted that the Executive Director position would funded through the Morrison Foundation Fund.

Resolution: Mr. Manning moved to approve the requests. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

5. Department of Agriculture – Approved

    Request for authorization to reimburse moving expenses up to $5,000 for a State Veterinarian / Animal Health Administrator in the Department of Agriculture with an anticipated salary range (pay grade Q) at $55,203 - $91,312.

Audience with the Board: Mr. Miracle explained the request.

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

6. Idaho State Police – (a) recommend defer one month pending legal counsel; (b-1) recommend approval by the board to payoff compensatory time; and (b-2) recommend denial by the board to pre-approve accrual and payment

    a. Held 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. Division of Human Resources (DHR) recommends denial of this request per DHR job analysis on March 11, 2003.

Audience with the Board: Mr. O’Leary recapped the request for Mr. St. Claire to work extra time on a special vehicle safety project. He discussed the classification review of Mr. St. Claire’s position.

Discussion: Mr. High noted the questions raised by DHR: 1) if this was an unusual or emergency circumstance and 2) if this were approved, would it create a problem regarding the person’s job classification regarding Federal Labor Standards Act (FLSA).

Mr. O’Leary explained the high priority of the employee’s normal workload, the economics of utilizing this employee to perform the project work rather than for him to train a contractor plus pay the additional fee for that contractor. In addition, he quoted approximately $1,000 for a required security background check for a contractor to work behind the agency’s firewall, remarked about the cost of outsourcing future upgrades if a contractor performed the work, and explained the urgency to complete the special project for public safety needs. Mr. O’Leary estimated 80-100 hours would be required by Mr. St. Claire to complete the project. The subcommittee concluded that the project was not an emergency, but as a whole, it was an unusual circumstance where wise business economics supported utilizing a current state employee for this project.

The subcommittee discussed the open-ended nature of the accrual request. Mr. O’Leary assured the subcommittee that he estimated no more than 100 hours of accruable compensatory time for this project. Second, the subcommittee affirmed that a state employee could not be a state employee and employed contractor for the same agency in the same reporting period. Third, Ms. Heilman, DHR Administrator, recognized these special projects in state government and pondered bonus or temporary merit pay to compensate these employees for their extra work rather than with paid compensatory time. She also noted management’s responsibility to allocate staff according to priorities of the department and the current limitations on budget and staff. Fourth, the subcommittee requested legal counsel on FLSA exemption for governmental employees and the guidelines for annual salaried verses hourly wage employees. Fifth, the subcommittee agreed that board decisions did not set precedence through individual case rulings since the board by nature is an exception body. Sixth, Ms. Heilman suggested that the board not approve overtime pay in advance as it implies hourly wages. Mr. O’Leary noted that this federal grant extends through October 2003. Seventh, Mr. Kenyon noted that potentially short-term commendable pay could be used to address this request. Eighth, Mr. O’Leary commented about unique federal guidelines regarding billing hours for grant projects and he would seek clarification regarding this project.

Resolution: Mr. High moved to defer this request for one month pending legal counsel regarding FLSA. Mr. Manning seconded the motion. The motion carried with a unanimous voice vote.


    b. Request authorization (1) to payoff an accrued, 78 hours of compensatory time for Wayne Sharp, ISP CAD Administrator, and (2) to pre-approve accrual and payment of any additional compensatory time that may be accrued during the calendar year of 2003 by Mr. Sharp.

Resolution: Mr. Manning moved (1) to recommend approval by the board to payoff the accrued 78 hours of compensatory time, but (2) recommend denial by the board to pre-approve accrual and payment of compensatory time not yet earned. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

7. Department of Labor – recommend approval by the board

    Held 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. Notice sent on March 10, 2003 to DFM and JFAC regarding this request per subcommittee recommendation.

Audience with the Board: Ms. Booth noted the request and Mr. Johnson expressed no objections from JFAC.

Resolution: Mr. Manning moved to recommend approval by the board. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

8. Department of Administration – recommend approval by the board

    Request for authorization to write off $49.34 from the Division of Public Works’ petty cash in rotary account #0803 for the Department of Administration. Approximately ten years ago, an incident was documented at the Division of Public Works where this sum of petty cash was stolen. The incident was reported and investigated, however, the department did not notify the Board of Examiners requesting a write off of the amount. Currently, the Division of Public Works petty cash account is being closed and the department wishes to write off this amount.

Audience with the Board: Ms. Smith explained the history of this request and asked for approval.

Resolution: Mr. High moved to recommend approval by the board. Mr. Manning seconded the motion. The motion carried with a unanimous voice vote.

9. Division of Veterans Services – recommend denial by the board

    Request for authorization to pay 15.4 hours of compensatory time accrued during the pay period from February 16 through March 1, 2003 for Donita Christensen, Director of Nursing Services, who is FLSA classified as Executive Exempt. Ms. Christensen has been filling in as a registered nurse at the Idaho State Veterans Home in Pocatello because of an acute nursing shortage in order to ensure compliance with federally mandated 24-hour registered nursing coverage. The Division is confident that this request is an anomaly rather than an ongoing accrual of overtime hours.

Audience with the Board: Ms. Lowman-Thomas described the extreme shortage of nurses in Eastern Idaho, the high cost of hiring temporary registered nurses, the emergency coverage due to staff sickness or scheduling problems and this employee’s desire to be paid for these hours at $410 rather than taking time off.

Discussion: Mr. Goodenough inquired about steps to hire more nurses, which was being addressed through recruiting efforts with DHR. Ms. Heilman questioned paying such a small amount of compensatory hours instead of taking the time off and suggested for exempt employees that bonus pay or bonus pay waivers may be in order until the shortage of registered nurses was abated. The subcommittee agreed that the circumstances merited an emergency situation, but were reticent to solve the problem by allocating hourly pay for compensatory time to an exempt employee and paying off less than 25 hours of accrued compensatory time. The subcommittee asked Ms. Heilman to review the situation and present alternatives to the subcommittee next month to address this problem.

Resolution: Mr. Goodenough moved to deny the request. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

10. Bureau of Hazardous Materials, Division of Military, Executive Office Of Governor – recommend approval by the board

    Request for authorization to issue deficiency warrants for reimbursement of response costs incurred during March 2003 pursuant to Idaho Code 39-7110.
    ID #
    Description
    Amount
    Comments
      a. 2003-0073
    Drug Lab
    975.75
    Typical
      b. 2003-0166
    Drug Lab
    1002.30
    Lab in a vehicle
      c. 2003-0177
    Drug Lab
    833.32
    Typical
      d. 2003-0191
    Drug Lab
    440.98
    Typical
      e. 2003-0364
    Drug Lab
    166.92
    Typical
      f. 2003-0285
    HAZMAT
    1452.22
    Chemicals found on canal bank
      g. 2003-0546
    Drug Lab
    3300.57
    Nazi Type drug lab
    h. 2002-4288
    Hazmat
    2500.00
    Vapor cloud release from leaking valve
    Total
    $10,672.06
Audience with the Board: Mr. Ward explained the “Nazi” type drug lab contained more hazardous materials than the normal drug lab scene and was a slang descriptor for this case.

Resolution: Mr. Goodenough moved to recommend approve by the board. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

11. Ada County Sheriff – recommend approval by the board to pay pro rata per FY03-04 appropriations

    Held request for reimbursement of costs incurred 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. The subcommittee deferred this claim for one month pending resolution of the FY2003 budget holdback.

Resolution: Mr. Goodenough moved to recommend approval by the board to pay pro rata amounts available from the FY03 appropriation and pay the balance in the FY04 appropriation. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

12. Ada County Prosecutor - recommend approval by the board to pay pro rata per FY03-04 appropriations

    Held request for reimbursement of costs for 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. The subcommittee deferred this claim for one month pending resolution of the FY2003 budget holdback.

Resolution: Mr. Goodenough moved to recommend approval by the board to pay pro rata amounts available from the FY03 appropriation and pay the balance in the FY04 appropriation. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

13. Attorney General – recommend approval by the board

    a. Notification that Col. James A. Bevis, IDARNG, Staff Judge Advocate, Idaho Army National Guard, has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho Military Division in contract matters.

    b. Notification that Wynn R. Mosman of the firm of Mosman Law Offices 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 case of Carpenter v. Community Action Agency, IC# 01-507436; SIF No. 200108917.

    c. Notification that Kent W. Foster of the firm of Holden, Kidwell, Hahn & Crapo has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho, Department of Fish & Game, regarding water rights associated with the Hooray Ranch.

    d. Notification that Wynn R. Mosman of the firm of Mosman Law Offices 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 case of Basnett v. George E. McCallum, IC# 02-519314: SIF No. 200214949 and Richter-Wild v. Womens Center, Inc., IC# 98-008666; SIF No. 980004333.

    e. Notification that Wynn R. Mosman of the firm of Mosman Law Offices 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 case of Christensen v. Crites Moscow Growers, Inc., IC No. 01-513010; SIF No. 200113228 and Christensen v. Crites Moscow Growers, Inc., IC No. 02-520359; SIF No. 200215706.

    f. Notification that Rinda R. Just, Attorney at Law, has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of representing the interests of the Public Employees Retirement System of Idaho in the contested case before the Retirement Board of Barbara Kramer v. PERSI, Case No. CC03-01.

    g. Notification that G. Richard Bevan of the firm of Hollifield and Bevan has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho, Child Support Services.

    h. Notification that Steven J. Tobiason of the firm of Kane & Tobiason, LLP, 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 case of State of Idaho v. Boldman, Case No. H0201194.


Resolution: Mr. Manning moved to recommend approval by the board of the notifications. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

14. Department of Administration - 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 on Projects IMG-0005(166) and IMG-0006(109), District 5 and 6 Pavement Stripping, pursuant to Idaho Code § 67-1027.

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

· INFORMATIONAL AGENDA
15. State Insurance Fund

    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of March 2003.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $15,000,000.00
      Funds Expended in February 2003
      Workers Compensation Claim Costs
    $8,381,809.55
      Dividend
    $2,879.92
      Commissions
    $22,838.98
      Policy Refunds
    $174,003.41
      Total
    $8,581,531.86
    b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of March 2003.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in February 2003:
      Payroll
    $55,499.81
      Operations
    $199,406.37
      Claim Costs
    $131,788.91
      Total
    $386,965.09

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 10:10 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.
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