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 12, 2016 – 1:30 p.m.
Joe R. Williams Building, 5th Floor Conference Room A

The regular meeting of the Subcommittee to the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 1:30 p.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following members were present: Brian Kane, Office of the Attorney General; Jani Revier, Division of Financial Management; Betsie Kimbrough, Office of the Secretary of State; and Brian Benjamin, Office of the State Controller, as assisting secretary to the subcommittee.
    Also present by invitation were: Wayne Harris, Bureau of Homeland Security; David Fulkerson, Division of Financial Management; Rachelle Vance, Department of Health and Welfare; and Debbie Wonch, Office of the State Controller
    CONSENT AGENDA

    1. Minutes
    Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on March 8, 2016.

    Resolution: Mr. Kane moved to approve item 1. Ms. Kimbrough seconded the motion. The motion carried on a unanimous voice vote.


      REGULAR AGENDA


      2. Bureau of Homeland Security
      ID#
      Description
      Amount
      Comments
      Date to Board
      2015-00243
      Boron Trifluoride
      $1,989.29
      Response to leaking Boron Trifluoride cylinder
      (BANNOCK COUNTY)
      4/7/2016
      TOTAL
      $1,989.29

      Discussion: Mr. Benjamin explained that the request came from the Pocatello Fire Department. The incident occurred at one of the nuclear reactor buildings at Idaho State University. It was an instrument used to monitor neutron release from a reactor was breached and it caused a release of Boron Trifluoride, which is a gas that is hazardous. One person was exposed and was taken to the emergency room. The staff at ISU picked up the instrument and placed it in an exhaust hood and evacuated the building. The response team got there and were able to go in and retrieve the instrument, which was then safe at that time. The building was reopened fairly quickly, and isolated the area in which the accident occurred.

      Resolution: Mr. Kane moved to approve item 2 and place it on the consent agenda. Ms. Kimbrough seconded the motion. The motion carried on a unanimous voice vote.

      Discussion: Mr. Harris noted they should see payment before next week.



      3. Department of Health and Welfare
      Request that $138,701,400 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the 4th Quarter of Fiscal Year 2016. In addition, that $64,450 be transferred from the Drug Court, Mental Health & Family Court Services Fund #0340 to the Cooperative Welfare Fund #0220 during the 4th Quarter of Fiscal Year 2016.

      Resolution: Mr. Kane moved to approve item 3 and place it on the consent agenda. Ms. Kimbrough seconded the motion. The motion carried on a unanimous voice vote.

        4. Military Division
        Ratification of military contract for the following project:
        NGBID-16-C-0014 for State of Idaho Military Division project: FMS 2 Building 7 Roof Repair

        Resolution: Mr. Kane moved to approve item 4 and place it on the consent agenda. Ms. Kimbrough seconded the motion. The motion carried on a unanimous voice vote.

          5. Ada County Clerk
          Request pursuant to Idaho Code §18-2507, for the prosecution of State Penitentiary inmates in the amount of $3,140.39.

          Discussion: Mr. Benjamin noted there had been a discussion in the past concerning the rate in which they bill. There was never a full resolution on that discussion. We fell back to what the Attorney General’s policy provides for when they win a case and request attorneys fees. It doesn’t fit perfectly, but these fees don’t seem to be unreasonable.

          Resolution: Mr. Kane moved to approve item 5 and place it on the consent agenda. Ms. Kimbrough seconded the motion the motion carried on a unanimous voice vote.

          Discussion: Ms. Revier asked if they should develop a policy on what the board will consider reimbursing in attorneys fees.

          Mr. Benjamin commented that a court wouldn’t have a specific amount set. They will just look at it overall and see if it is reasonable. We can use that as our gauge, and then if we don’t think it’s reasonable, we can discuss and research further. The board has the authority to approve all, some, or none of the claim.


          6. Office of the Attorney General
          Request approval to pay $280,000 in attorney’s fees, cost and expense in Idaho Building and Construction Trades Council v. Wasden. It is also requested this claim be submitted to the Constitutional Defense Council for payment from the fund created under Idaho Code 67-6301.

          Discussion: Mr. Benjamin explained that this was a challenge of two statutes. They lost at the district court level. Both were appealed to the 9th circuit. The 9th circuit struck one of them, but vacated the other on jurisdictional grounds. They lost their award of attorneys fees at the district court level to one of their claims. The 9th circuit did say they were entitled to attorneys fees costs on the remaining one that they prevailed on. The fees were negotiated down to $280,000.

          Resolution: Mr. Kane moved to approve item 6 and place it on the consent agenda with a referral to the Constitutional Defense Council for payment. Ms. Kimbrough seconded the motion. The motion carried on a unanimous voice vote.



          INFORMATIONAL AGENDA

          7. Office of the Attorney General
          a. Notification that Paul J. Augustine of the firm of Augustine Law Offices, PLLC, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the State of Idaho, Industrial Special Indemnity Fund, in the matter of Alfredo Morales.

          b. Notification that David B. Hansen of the Law Offices of Raymond W. Shutts in Liberty Lake, Washington, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the State of in the case of Haight v. Idaho Department of Transportation.


          8. State Insurance Fund
          a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of
            February, 2016.
                Estimated expenditure for workers compensation claim costs, dividends and premium refunds
            $14,000,000.00
              Funds Expended in February, 2016:
              Workers Compensation Claim Costs
            $13,009,500.82
              Dividends
            0
              Commission
            0
              Policy Refunds
            199,873.00
              Total
            $13,209,373.82
          b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight drafts for the month of February, 2016.
              Estimated expenditure for Petroleum Clean Water Trust Fund
          $450,000.00
            Funds Expended in February, 2016:
            Payroll
          $48,994.45
            Operations
          8,258.01
            Claim Costs
          51,207.43
            Total
          $108,459.89


          Mr. Kane moved to adjourn the meeting. Ms. Kimbrough seconded the motion. The meeting adjourned at 1:42 p.m.
          Page last updated on 05/11/2016 02:36:18 PM