C.L. "Butch"
Otter
Governor
Lawerence
Denney
Secretary of
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D Woolf
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SCO > Board of Examiners > Subcommittee Minutes
MINUTES
SUB-COMMITTEE MEETING
STATE BOARD OF EXAMINERS
Thursday, April 8, 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: Joanna L. Guilfoy, Deputy Attorney General, Dept of Administration
              Larry Osgood, Division of Public Works
              Pat Frischmuth, Bureau of Disaster Services
              Gary Broker, Department of Health and Welfare
              Sandra Laws, Department of Lands
              Ranae Sanders, Department of Water Resources
              Evelyn Thomas, Deputy Attorney General, Department of Labor
              Tim O'Leary, Department of Law Enforcement
              Ted Spangler, State Tax Commission
              Robin Haley, State Tax Commission
              Carol Hickman, Idaho Lottery
              Bill Bishop, Bureau of Hazardous Materials
              Ann Hausken, Bureau of Hazardous Materials
              Gino White, State Controller's Office
              Peggy Haar, State Controller's Office
              Audrey Musgrave, State Controller's Office
              Rose Wrenn, State Controller's Office
              Jan Gawith, Jan's Cafeteria

    DEPARTMENT OF ADMINISTRATION - Joanna L. Guilfoy, Deputy Attorney General; Larry Osgood, Administrator, Division of Public Works; and Pat Frischmuth, Bureau of Disaster Services

1. Request for approval of an executed amendment to the Milo Creek Memorandum of Understanding between the Department of Administration, Division of Public Works and Bureau of Disaster Services, that has also been approved by the cities of Wardner and Kellogg and Shoshone County. The Board approved the original Memorandum of Understanding in May of 1998.
      Joanna Guilfoy reported the amendment to the Milo Creek Memorandum of Understanding will continue the reconstruction of the containment system in the original contract so the project can be completed. Ben made a motion to recommend approval on the Consent Agenda. David High seconded the motion. Passed unanimously.

2. Request for approval of Recognition of Assignment as executed by Assignor Ronald W. Van Auker, Meridian, Idaho and Assignee MSR North Associates, Boise, Idaho, for lease agreement for space at 3125 Shoshone, Boise, Idaho, used by Department of Correction; lease agreement for space at 3092 Elder Street, Boise, Idaho, used by Department of Health and Welfare; and lease agreement for space at 3056 Elder Street, Boise, Idaho, used by Department of Law Enforcement.
      David High made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. Passed unanimously.
    DEPARTMENT OF HEALTH AND WELFARE - Gary Broker, Administrator, Division of Management Services

3. Request for authorization to pay 149.8 hours compensatory time for Corine Horton, Developmental Disabilities Supervisor, accrued from spring 1996 through September 1998 when she assumed additional responsibilities when an employee became ill with cancer and underwent treatment. Corine's vacation balance is near the maximum allowed and she is unable to take the time off.
      Gary Broker stated the employee is at her vacation maximum and unable to take the time off. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. Passed unanimously.

4. Request for waiver of the $1,000 limit on bonuses for the remainder of FY99 and FY 2000 until September 30, 1999, per Idaho Code § 67-5309C(b)(iii) and § 59-1603(7). The waiver request would allow for all increases to be included in the employees July 7 paychecks.
      Gary Broker stated this request to waive the $1,000 bonuses limit is to ease the paperwork process to EIS. He said this would raise the limit on approximately 200 employees until September 30, 1999 after the paperwork is processed. In addition to the processing of the 3% CEC for FY 2000, they will distribute the employer savings from the 1999 PERSI rate reduction as temporary bonus increases based on merit. The bonuses will not exceed $6,000 for IT and non-IT employees. Jeff Malmen asked how performance reviews are categorized. Gary reported outstanding, exceeds, and meets expectation. He said the bonuses would be given based on satisfactory performance. Ben Ysursa asked if other agencies have expressed an interest in waiving the bonus limit. Jeff Malmen stated he has heard of some and will probably actually see more. Jeff Malmen made a motion to recommend approval on the Regular Agenda that FY 2000 will be a one-time bonus, not two bonuses in FY 1999, and would apply to only outstanding or exceeds job performance categories. David High seconded the motion. Passed unanimously.


5. DEPARTMENT OF LANDS - Sandra Laws, Personnel Officer
    Request for authorization to add the following job titles to the list of IT classifications approved to receive bonuses over $1,000:
              Geographic Information System Analyst
              Geographic Information System Analyst, Senior
              Geographic Information/Cartography Manager
      Sandra Laws reported they would like to add the job titles to the IT list that qualifies for IT bonuses over $1,000. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. Passed unanimously.


6. DEPARTMENT OF WATER RESOURCES - Ranae Sanders, Human Resource Manager

Request for authorization to add the following two Geographic Information System (GIS) classifications and one Remote Sensing classification to the list of job titles eligible to receive bonuses over $1,000:
              Geographic Information System Specialist
              Water Resource Information Section Manager
              Remote Sensing Analyst, Senior
      Ranae Sanders reported they have three classifications they would like added to the IT list for bonuses over $1,000. Ben Yrsursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. Passed unanimously.


7. DEPARTMENT OF LABOR - Evelyn Thomas, Deputy Attorney General
    (Reviewed at March 4, 1999 Sub-Committee meeting and held for legal research)
    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
      David High reported he met with Evelyn Thomas, Deputy Attorney General, and Peggy Haar, EIS, He said if this request is approved as stated, it would adjust leave balances instead of reinstating leave and converting to administrative leave, which could cause serious administrative issues. David stressed this would only be allowed in serious situations where the department requests the change, and a recording mistake was previously made. The hardship would also need to be extreme for any consideration. Ben Ysursa made a motion to recommend approval on the Consent Agenda for the February 24, 1999 request from the Department of Labor including the wording in David High's letter of April 8 as follows:

        The members of the Sub-Committee believes the Board could approve the request to adjust the sick and vacation leave balances to the amounts stated in the Department of Labor's letter dated February 24, 1999, based upon the following factors: (1) the Department desired to exercise its discretion to grant administrative leave with pay; (2) an error was made in failing to carry out that decision; (3) the Department requested that the State Board of Examiners exercise its discretion to approve the adjustment of records; and (4) failure to correct the error would create an extraordinary and unusual hardship based upon extreme circumstances such as exist in this case. The decision should not be understood to create an expectation of approval of any such request in the future.

      It must be perfectly clear this would not set precedence and only be approved under these extreme circumstances. Jeff Malmen seconded the motion. Passed unanimously.


8. DEPARTMENT OF LAW ENFORCEMENT - Tim O'Leary, Human Resource Officer
    Request for authorization to pay compensatory time to the following Criminalists who have conducted rush analyses on crime scene evidence, attended court proceedings, and worked on case file preparation, accrued from July 1998 to present. Due to current case load and pending analysis, it would be difficult to significantly reduce the hours prior to the end of this fiscal year without negatively impacting operations and resources.
              Aaron Brudenell 114 hours
              Stuart Jacobson 70 hours
              Janet Taylor 22 hours
              Don Wyckoff 46 hours
      Tim O'Leary reported these employees were not covered by blanket approval in January. They have used some of their compensatory time but would like the comp time to be paid in this fiscal year. Jeff Malmen made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. Passed unanimously.

    STATE TAX COMMISSION - Ted Spangler, Deputy Attorney General; Robin Haley, Fiscal Officer

9. Request for authorization to offset debts owed to the State of Idaho from the East Shoshone Hospital District, dba the Silver Medical Center, who has filed a proceeding in the United States Bankruptcy Court for the District of Idaho under Chapter 9 of the U.S. Bankruptcy Code. The District has failed to pay over to the State of Idaho and therefore is indebted to the state for certain taxes listed below:
          To the State Tax Commission $20,042
          To the Department of Labor $ 4,601

      Ted Spangler reported E. Shoshone Hospital District has filed bankruptcy in Chapter 9. He said they failed to pay respective taxes to the Tax Commission and Department of Labor. The E. Shoshone Hospital District is also entitled to receive distributions of sales tax revenues each quarter. The Tax Commission would like offset approval from the Board of Examiners when it offers the motion not to forgive the tax debt to the Bankruptcy Court. David High made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. Passed unanimously.


10. Request for authorization to include the following individuals and classifications to the "Exemption from Bonus Cap for Specified Information Technology Personnel" that was approved by the Board of Examiners on November 23, 1998.
              Individuals
              Management Analyst - Jim Whitham
              Management Analyst, Sr. - Sonnia Lane

              Classifications
              Tax County Tech. Support Bureau Chief
              Tax County Tech. Support Section Manager
              IT Data Entry Operator
                Kathryn Davis Loraine Poole
                Mardelle Davison Marilyn Riggs
                Whitney Laursen Nikki Sparkman
                Margaret Mort Karra Stitz
              GIS Analyst and GIS Analyst, Sr.
      Robin Haley reported these individuals and classifications are all IT related and they would like them added to the IT list eligible for bonuses over the $1,000 cap. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. Passed unanimously.

11. Request for authorization to permanently assign a vehicle to Kathryn Nelson, Consulting Appraiser, who is assigned a number of counties she is required to assist and monitor for compliance with Ad Valorem statutes.
      Robin Haley reported they would like to permanently assign a vehicle to a new Consulting Appraiser. She said they currently have eight vehicles assigned to employees. Jeff Malmen made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. Passed unanimously.

12. IDAHO LOTTERY - Carol Hickman, Management Assistant
    Request for authorization to pay 239.0 hours compensatory time for Marjie Goar-Keeney, accrued July 1998 through December 1998, while installing a new accounting system. She is unable to take the time off.
      Carol Hickman reported they would like to pay compensatory time for the programmer analyst, who is unable to take the time off. She said the overtime was accrued while installing a new accounting system. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. Passed unanimously.

13. Incident 980927 - Request for authorization to issue deficiency warrants in the amount of $681.86 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Post Falls, Idaho on September 29, 1998, pursuant to Idaho Code § 39-7110.

14. Incident 980902 - Request for authorization to issue deficiency warrants in the amount of $5,073.75 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Lenore, Idaho on September 2, 1998, pursuant to Idaho Code § 39-7110.

15. Incident 981028 - Request for authorization to issue deficiency warrants in the amount of $1,533.77 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Idaho Falls, Idaho on October 14, 1998, pursuant to Idaho Code § 39-7110.

16. Incident 981031 - Request for authorization to issue deficiency warrants in the amount of $1,205.42 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Pocatello, Idaho on October 29, 1998, pursuant to Idaho Code § 39-7110.

17. Incident 981102 - Request for authorization to issue deficiency warrants in the amount of $878.66 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Nampa, Idaho on November 20, 1998, pursuant to Idaho Code § 39-7110.

18. Incident 981103 - Request for authorization to issue deficiency warrants in the amount of $325.64 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Pocatello, Idaho on November 24, 1998, pursuant to Idaho Code § 39-7110.

19. Incident 981107 - Request for authorization to issue deficiency warrants in the amount of $673.58 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Eagle, Idaho on November 7, 1998, pursuant to Idaho Code § 39-7110.

20. Incident 981117 - Request for authorization to issue deficiency warrants in the amount of $84.10 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on November 17, 1998, pursuant to Idaho Code § 39-7110.

21. Incident 981119 - Request for authorization to issue deficiency warrants in the amount of $71.25 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on November 19, 1998, pursuant to Idaho Code § 39-7110.

22. Incident 981120 - Request for authorization to issue deficiency warrants in the amount of $97.82 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on November 20, 1998, pursuant to Idaho Code § 39-7110.

23. Incident 981127 - Request for authorization to issue deficiency warrants in the amount of $68.74 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on November 27, 1998, pursuant to Idaho Code § 39-7110.

24. Incident 981202 - Request for authorization to issue deficiency warrants in the amount of $107.20 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on December 2, 1998, pursuant to Idaho Code § 39-7110.

25. Incident 981214 - Request for authorization to issue deficiency warrants in the amount of $296.24 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on December 14, 1998, pursuant to Idaho Code § 39-7110.

26. Incident 990100 - Request for authorization to issue deficiency warrants in the amount of $356.31 for reimbursement of response costs incurred when emergency response teams assisted in a hazardous substance incident in Oneida County, Idaho on January 1, 1999, pursuant to Idaho Code § 39-7110.
      Jeff Malmen made a motion to recommend approval on the Consent Agenda for items 13 - 26. David High seconded the motion. Passed unanimously.

27. STATEWIDE CONTRACT FOR AIR TRAVEL - Gino White, State Controller's Office
    At the February 16, 1999 Sub-Committee meeting the Department of Labor questioned if the State Travel Policy should be amended in view of the statewide contract with Southwest Airlines by the Department of Administration. This question was reviewed by Gino White of the State Controller's Office and it was determined there is no need to change the travel policy at this time. If lower airline ticket rates are made available, state agencies may purchase tickets at the lower rate in lieu of utilizing the group statewide travel vouchers under the statewide contract.
      Gino White reported the Department of Administration's statewide contract to buy group tickets was perceived by the Department of Labor to be in conflict with the State Travel Policy to purchase the lowest and most reasonable fares. Gino said the contract allows agencies to buy the lower rate tickets. Department of Labor gives employees travel advances which include money for airline tickets. They can use a purchase card from the Department of Administration, or if the traveler prefers, they can provide a signed travel advance form at the counter to purchase the airline ticket. Gino said there is no need to change the Travel Policy at this time but he plans to continue to research this issue.

28. OFFICE OF ATTORNEY GENERAL
    Notification that Merlyn W. Clark, of the firm of Hawley, Troxell, Ennis & Hawley has been appointed to represent the interests of the Idaho Board of Correction in the performance of legal work in documenting the additional agreements between the Idaho Board of Correction and Corrections Corporation of America, pursuant to Idaho Code § 67-1409.
      Ben Ysursa made a motion to recommend approval on the Consent Agenda. Jeff Malmen seconded the motion. Passed unanimously.

29. ADA COUNTY PROSECUTOR
    Request for reimbursement of closed cases handled by the Ada County Prosecutor dealing with the prosecution of State Penitentiary inmates for 1998 in the amount of $1,749.65, pursuant to Idaho Code § 18-2507. Legislative Services Offices has audited this claim, found the amount correct, and recommends payment of $1,749.65.

30. 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 1998 in the amount of $3,746.28, pursuant to Idaho Code § 31-2219 and § 31-3203. Legislative Services Office has audited this claim, found two incorrect mileage rates and one month with incorrect calculations, and recommends payment of $3,741.92.
      Ben Ysursa made a motion to recommend approval on the Consent Agenda for items 23 and 30. David High seconded the motion. Passed unanimously.


31. JAN'S CAFETERIA - Jan Gawith, Manager, Jan's Cafeteria
    Request for reassessment of rates allowed for refreshments for official meetings per the State Travel Policy.

      Jan reported she has supplied catering for state agencies for 14-15 years. She said wages and food costs have gone up but, catering costs have not. She felt the state refreshment policy allowance should be increased. Ben Ysursa said he thought this to be a reasonable request. Ben Ysursa made a motion to recommend approval on the Regular Agenda to alter rule 12.C.1.d of the State Travel Policy which currently states not to exceed 50% of the allowable partial days meal reimbursement amount for breakfast. The new amount would eliminate the percentage and establish a fixed dollar maximum amount ($5.00) as shown:
        Current: 12.c.1.d. The total per attendee cost of the refreshments does not exceed 50% of the allowable partial day meal reimbursement for breakfast, per refreshment break, pursuant to Appendix B.

        Proposed: 12.C.1.d. The total per attendee cost of the refreshments, per refreshment break, will not exceed $5.00 which is the allowable partial day reimbursement amount established for breakfasts, pursuant to Appendix B.
      David High seconded the motion. Passed unanimously

INFORMATIONAL AGENDA
    STATE INSURANCE FUND

32. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of March, 1999.
      Estimated expenditure for workers $7,500,000.00
      compensation claim costs, dividends
      and premium refunds

    Funds Expended in February 1999:
      Workers Compensation Claim Costs $5,358,931.90
      Commissions (28.04)
      Policy Refunds 395,660.54
      Total $5,754,564.40

33. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft for the month of March 1999.
      Estimated expenditures for $750,000.00
      Petroleum Storage Tank Fund
    Fund expended in February 1999:
      Payroll $ 50,039.06
      Operations 157,541.03
      Continuous Appropriations - Operations 27,812.82
      Continuous Appropriations - PSTF Claim Costs 201,694.72
      Total $437,087.63



REGULAR AGENDA

34. STATE TREASURER'S OFFICE
    Request for authorization to issue tax anticipation notes in an amount not to exceed $1,194,352,500.00. These notes would be issued prior to June 30, 2000, as necessary and pursuant to the provisions of Chapter 32 of Title 63, of the Idaho Code.
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