C.L. "Butch"
Otter
Governor
Lawerence
Denney
Secretary of
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Lawrence
Wasden
Attorney
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Brandon D
D Woolf
State
Controller,
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SCO > Board of Examiners > Subcommittee Minutes
MINUTES
SUB-COMMITTEE MEETING
STATE BOARD OF EXAMINERS
April 6, 2000 – 9:00 a.m.
Office of State Controller – 5th Floor Conference Room A


Attending: Darrell Manning, Office of the Governor
              David High, Office of Attorney General
              Ben Ysursa, Office of Secretary of State
              Keith Johnson, Office of State Controller

Visitors Attending: Dorothy Heywood, Bureau of Hazardous Materials
              Tim O’Leary, Department of Law Enforcement
              Bruce Krosch, Southwest District Health Department
              Ken Miracle, Board of Veterinary Medicine
              Peggy Haar, State Controller’s Office

    BUREAU OF HAZARDOUS MATERIALSDorothy Heywood, Program Manager
1. Incident 9912291 – Request for authorization to issue deficiency warrants in the amount of $1,650.66 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident on December 29, 1999 in Pocatello, Idaho involving a CIB drug lab incident, pursuant to Idaho Code §39-7110.

2. Incident 9912302 – Request for authorization to issue deficiency warrants in the amount of $1,800.44 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident on December 30, 1999 in Pocatello, Idaho involving a CIB drug lab incident, pursuant to Idaho Code §39-7110.

3. Incident 1999-4227 – Request for authorization to issue deficiency warrants in the amount of $840.86 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident on November 19 and 20, 1999 at Hailey Transfer Station, Blaine County, Idaho involving a paint spill, pursuant to Idaho Code §39-7110.

4. Incident 1999-4377 – Request for authorization to issue deficiency warrants in the amount of $3,821.00 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident on December 2, 1999 at Hwy 30 and 1600 E. Buhl, Twin Falls County, Idaho involving a diesel offload, pursuant to Idaho Code §39-7110.

5. Incident 1999-4518 – Request for authorization to issue deficiency warrants in the amount of $1,287.10 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident on December 13, 1999 in Pocatello, Idaho involving a CIB drug lab incident, pursuant to Idaho Code §39-7110.

6. Incident 1999-4525 – Request for authorization to issue deficiency warrants in the amount of $2,028.31 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident on December 14, 1999 in Idaho Falls, Idaho involving a CIB drug lab incident, pursuant to Idaho Code §39-7110.

7. Incident 1999-4529 – Request for authorization to issue deficiency warrants in the amount of $3,096.10 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident on December 14, 1999 in Pocatello, Idaho involving a CIB drug lab incident, pursuant to Idaho Code §39-7110.

8. Incident 1999-4695 – Request for authorization to issue deficiency warrants in the amount of $2,269.96 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident on December 28, 1999 in Lava Hot Springs, Idaho involving a CIB drug lab incident, pursuant to Idaho Code §39-7110.

9. Incident 1999-4704 – Request for authorization to issue deficiency warrants in the amount of $1,299.22 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous materials incident on December 29, 1999 in Pocatello, Idaho involving a CIB drug lab incident.
      Dorothy Heywood reported all are normal requests for deficiency warrants. Ben Ysursa asked for a status report on recovery of costs. Dorothy said there is some cost recovery in a few cases, but not on the drug labs. Ben asked what happens to money confiscated when the suspect is sent to jail, and if the state is entitled to a portion of it. Dorothy said she will research it. Dorothy asked for advice on closing older cases where no money will be recovered. She was advised to talk to Deputy Attorney General Matt McKeown for his guidance. Darrell Manning made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.


10. IDAHO STATE POLICETim O’Leary, Human Resource Officer
    Request for annual authorization to pay overtime for supervisory and administrative staff for Marijuana Eradication Program and Drug Task Force activities. Funding has been received from the Drug Enforcement Administration, U.S. Forest Service, and the Bureau of Land Management. It is their belief that appropriate management/ supervisory staff presence is imperative to ensure the success of marijuana raids and seizures.
      Tim O’Leary stated this is the annual request for drug raids on U.S. lands. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.


11. SOUTHWEST DISTRICT HEALTH DEPARTMENTBruce Krosch, Administrative Assistant
    Request for authorization to pay 13.0 hours compensatory time for Sandra Hemenway who transferred to Division of Environmental Quality on February 6, 2000. Sandra worked extra hours her last two weeks to alleviate the workload for her replacement and was unable to take the hours off.
      Bruce Krosch reported Sandra Hemenway has transferred to another state agency and they would like to pay the 13.0 hours accrued during her last two weeks. Ben Ysursa said Idaho Code §67-5329 states compensatory time will be forfeited upon termination or transfer and asked if she was promised payment for the overtime. Bruce said the Health District was not aware of the statute but Sandra’s supervisor had approved the overtime. David High said if the time was accrued during an emergency situation, the Board has authorization to pay the compensatory time. Bruce stated Sandra was working on a critical water program that required her completion before she left. Ben Ysursa made a motion to recommend approval on the Consent Agenda because of emergency and unusual circumstances. David High seconded the motion. The motion passed unanimously. It was decided a memorandum will be sent from the State Controller advising state agencies of the Idaho Code §67-5329 statute.
      Peggy Haar asked for clarification in situations where exempt employees request their termination/transfer date be extended to use existing compensatory time. She said in the past she has told them no because of the Idaho Code §67-5329 statute. The Sub-Committee members agreed this is correct.


12. BOARD OF VETERINARY MEDICINEKen Miracle, Human Resource Officer
    Request for authorization to pay Sheila Jensen for 100.5 hours compensatory time accrued during the last six months while drafting and redrafting language changes in the veterinary law that will accommodate new national requirements. Also, at the Board’s legal counsel request, Sheila drafted new language to help clarify confusing sections of the present law, provide new definitions, and draft rules for the Board’s certification program for veterinary technicians.
      Ken Miracle reported they appeared before the Sub-Committee previously to request a blanket approval to pay overtime for Sheila Jensen as it was accrued, and was advised to request approval after the overtime was worked. Ken said Sheila has worked 100.5 hours the last six months and they are requesting authorization to pay the overtime. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.


13. ADA COUNTY PROSECUTOR
    Request for reimbursement of closed cases handled by the Ada County Prosecutor dealing with the prosecution of State Penitentiary inmates for 1999 in the amount of $11,069.12, pursuant to Idaho Code §18-2507. Legislative Services Offices has audited this claim, found one exception in the billing by the prosecuting attorney, and recommend payment in the amount of $11,366.62.
      David High made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. The motion passed unanimously.


14. ADA COUNTY SHERIFF
    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 1999 in the amount of $4,615.40, pursuant to Idaho Code §31-2219 and 31-3203. Legislative Services Offices has audited this claim, found two exceptions of incorrect mileage rates and one month with incorrect calculations, and recommend payment in the amount of $4,622.68.
      Ben Ysursa made a motion to recommend approval on the Consent Agenda. Darrell Manning seconded the motion. The motion passed unanimously.


15. LAVA HOT SPRINGS FOUNDATION
    Request for approval of lease between the Lava Hot Springs Foundation as Lessor and John L. and Joan Bocek as Lessee, pursuant to Idaho Code §67-4402. This lease was approved by the Lava Hot Springs Foundation Board of Directors at its January 19, 2000 meeting. The parcel of ground was previously leased by the same party in 1982 and approved by the Board of Examiners on January 26, 1982, and this is an update of terms and conditions of the existing lease.
      David High made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. The motion passed unanimously.


16. DEPARTMENT OF TRANSPORTATION
    Request for approval of Recognition of Assignment as executed by Assignor Emery Bros., Filer, Idaho, and Assignee Idaho Asphalt Supply, Inc., Idaho Falls, Idaho, for Project # ST-3110 (627), Upper Mann’s Creek.

      Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.

    ATTORNEY GENERAL

17. Notification that Michael C. Moore of the firm of Moore, Smith, Buxton & Turcke has been appointed as a special deputy attorney general for the purpose of representing State Treasurer Ron G. Crane in the Idaho Endowment Fund Inv. Bd. v. Crane, Supreme Court No. 26304, pursuant to Idaho Code § 67-1409.

18. Notification that Daniel L. Spickler, Attorney at Law, has been appointed as a special deputy attorney general for the purpose of representing the Idaho State Department of Health and Welfare in the Atkinson v. Dep’t of Social and Health Services, State of Idaho, et al., Case No. CIV-99-0215-N-EM, pursuant to Idaho Code § 67-1409.

19. Notification that Peter C. Erbland of the firm of Paine, Hamblen, Coffin, Brooke & Miller has been appointed as a special deputy attorney general for the purpose of representing the Idaho State Department of Health and Welfare in the Storck v. Dep’t of Health and Welfare, et al., Case No. CV-00-22626, pursuant to Idaho Code § 67-1409.

20. Notification that Stephen R. Drake of the firm of Moffatt, Thomas, Barrett, Rock & Fields has been appointed as a special deputy attorney general for the purpose of representing the Idaho State Board of Professional Engineers and Professional Land Surveyors in the Loucks v. State of Idaho Bd. Of Prof. Eng’rs and Prof. Land Surveyors, Case No. CV-OC-0001414D, pursuant to Idaho Code § 67-1409.

21. Notification that Bentley G. Stromberg of the firm of Clements, Brown & McNichols has been appointed as a special deputy attorney general for the purpose of representing the Idaho State Board of Education and the Board of Regents of the University of Idaho in the Finn v. State Bd. Of Educ. and Bd. Of Regents of the Univ. of Idaho, et al., Case No. CV-00-00134, pursuant to Idaho Code § 67-1409.
      Ben Ysursa made a motion to recommend approval on the Consent Agenda for items 17-21. David High seconded the motion. The motion passed unanimously.

    STATE INSURANCE FUND

22. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of March 2000.
      Estimated expenditure for workers $7,500,000.00
      compensation claim costs, dividends
      and premium refunds

    Funds Expended in February 2000:

      Workers Compensation Claim Costs $ 6,293,824.97
      Dividend 49,388.17
      Commissions
      Policy Refunds 224,951.17
      Total $ 6,568,164.3l

23. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft for the month of March 2000.

      Estimated expenditures for $750,000.00
      Petroleum Storage Tank Fund
    Fund expended in February 2000:

      Payroll $ 54,856.01
      Operations 24,759.79
      Claim Costs 217,584.00
      Total $297,199.80






A request from Secretary of State Pete Cenarrusa was received April 7, 2000 asking that his letter be included on the April 11, 2000 Board of Examiners Consent Agenda. Ben Ysursa received approval from David High and Darrell Manning to include on the agenda.

Request for authorization to exceed the vacation limit of 288.0 hours until December 31, 2000 for Martha F. Vickers, Senior Programmer Analyst, while crucial data base conversions are taking place, pursuant to Idaho Code § 67-5335.
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