STATE BOARD OF EXAMINERS
MINUTES – Subcommittee Meeting
April 14, 2009 – 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: Wayne Hammon, Division of Financial Management; Chuck Goodenough, Deputy Secretary of State; Steve Olsen, Deputy Attorney General, and Brandon Woolf, Office of the State Controller, as assisting secretary to the subcommittee.
Also present by invitation were: Mary Halverson, Bureau of Homeland Security; Marsi Woody, Idaho State Police; Col. Jerry Russell, Idaho State Police; Richard Humiston, Department of Health and Welfare; Ike Kimball, Department of Health and Welfare; David Fulkerson, Division of Financial Management; Brent Reinke, Department of Correction; Terri Tomisser, Department of Correction; Mark Poppler, Tax Commission; Zach Rodriguez, Division of Veterans Services (via telephone); and Scott Phillips, Office of the State Controller.
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on March 10, 2009.
Resolution: Mr. Goodenough moved to approve item 1 and place it on the consent agenda. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.
2. Bureau of Homeland Security
Date to Board
|Vials of radium found at private residence |
|Mobile drug lab (in a P/U Truck)|
$2,222.81 (total is minus the $90.42
|Drug lab in private residence |
Resolution: Mr. Hammon moved to approve item 2 and place it on the consent agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.
3. Idaho State Police
Request approval to allow discretion by the agency head to relax the twenty month requirement or extend the length of the qualifying time frame to a case-by-case basis for employees for an additional six months who may have received any real estate assistance under the State Moving Policy and Procedures. This item was requested to be held for a month until this meeting.
Discussion: Mr. Woolf apologized to ISP for a mistake staff made in accidentally approving of this item from the March agenda. The item had not been approved by the Board and was asked to be deferred until this April meeting for further analysis.
Col. Russell explained that Maj. Dan Thornton from Twin Falls was transferred to the Boise Headquarters Office. He signed the Moving Agreement in November of 2007 and placed his Twin Falls home for sale at that time. His house was put on the market and it is still on the market with Assist2Sell. His 20 months is coming up in July of this year and ISP is concerned because of the tough economic times that they might not be able to meet the 20 month time frame. ISP is requesting to relax the 20 month requirement and extend the qualifying time to make it a case-by-case basis by the director.
Mr. Hammon commented that what is concerning is how does the board know that the economy and housing markets are the cause for his house not selling. He asked what assurances do we have that the home is reasonably priced and that he has done what he can to sell it. If we are looking at a broad, general approval, how would we know that each case would have those assurances?
Col. Russell explained that the officer was promoted in October of 2007 and in November he had his house listed at $304,900 with Magic Valley Realty. The price was reduced in the spring of 2008 to $299,900. In May of 2008 the house was relisted with Assist2Sell and has a current asking price of $275,000. The subdivision where the house is has less than thirty homes. The other homes for sale in his subdivision are priced accordingly. There have been some sells: a divorce/short sell, a bankruptcy/repo, and a regular sale. There are currently three homes for sale in the subdivision at this time. One home has been on the market for over two years. Mr. Thornton appears to have taken a good faith effort on this.
Mr. Hammon said the Board of Examiners would want to know the individual circumstances about each case. It probably should not be delegated to an agency director. The full board would want to look at each case on a case-by-case scenario. Twenty months is a long time for a house to be on the market. When the policy was put into place, it was probably never anticipated that a house could sit vacant for more than 20 months.
Mr. Olsen said this is a decision that would be best made for the Board of Examiners, rather than the Subcommittee. It seems like a case-by-case evaluation would be a better approach than a blanket three years. The policy and procedures would need to be reviewed to see if it is possible for the Board of Examiners to make an exception to the policy. Mr. Olsen asked that if the 20 months is not extended, then the person falls out of eligibility to receive the relocation assistance? What benefit could Mr. Thornton get if he’s able to continue under this policy?
Ms. Woody answered that based on the appraisal of his home he was given $21,000. If he does not sell his home within the 20 months, then he will have to return that money.
Mr. Olsen noted that if this item were to go before the regular Board, then there would also need to be proposed changes to the policy and procedures. The Board could first consider the policy changes and then could decide on the circumstances on this gentleman’s case.
Mr. Hammon responded that maybe with Mr. Woolf’s help we could draft an amendment with careful wording that addressed an economic hardship. If the Board adopted that policy change, then Col. Russell could present to the Board their situation.
Resolution: Mr. Olsen moved to place this on the regular agenda and draft a policy amendment with the idea that it would be presented at the upcoming Board meeting. Col. Russell should also include a replacement request specific to this individual case and include Mr. Thornton’s signature with the specifics of his request. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.
4. Department of Correction
a. Request permission to use the pay code ONL for staff working with the FBI, for staff escorting an inmate to a family funeral, and for staff supervising inmate fire crews.
b. Update on out of state inmate placement.
Discussion: Dir. Reinke explained the request and said that the Department is asking for their annual permission to use the pay code ONL. Pertaining to item b. the Department has an inmate move scheduled in the next couple of weeks and will be bringing back 130 to Idaho. The balance of the out of state inmates will be back in state by the first of August.
Mr. Hammon commented that at this time using the ONL code seems like the simplest, straightforward way. These are abnormal duties that do not occur regularly and are paid for and need to be coded separately. The Division of Financial Management is in support of this request.
Resolution: Mr. Hammon moved to approve item 4 a. and b. and place it on the regular agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.
5. Department of Health and Welfare
Request that $72,338,190 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the fourth quarter of Fiscal Year 2009. The total budget holdback as proposed for the Department of Health and Welfare is $90,228,500. Plus an additional holdback of $75,000, which results in an adjusted General Fund amount of $496,974,400 for SFY 2009.
Discussion: Mr. Humiston noted that the numbers in the request are accurate for as of today.
Resolution: Mr. Hammon moved to approve item 5 and place it on the consent agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.
6. Division of Veterans Services
Request special approval to sell the Veterans Cemetery’s surplus dump truck utilizing the free internet classified service Craig’s List instead of publishing the legal notice in the Idaho Statesman.
Discussion: Mr. Rodriguez explained that the Idaho Statesman has a five day processing period before the notice of sale can be posted in the publication. It would be beneficial to their agency if they could post a selling notice immediately and save time. The dump truck was originally purchased for $6,000 and the resale value on it right now is $2,500.
Mr. Olsen asked if Veterans Services wants to auction this item at a particular date.
Mr. Rodriguez answered that they were planning on advertising the truck and then taking sealed bids. Interested buyers could visit the truck and look it over and then it would go to the highest bidder.
Mr. Goodenough asked if that plan satisfies the requirements for selling the truck according to policy.
Mr. Olsen commented that according to law and the policy and procedures, it is required to advertise for the specified amount of time in a newspaper of general circulation. The amount of time the item has to be advertised is dependent on the original cost of the truck. From a policy standpoint, it would be beneficial to do both. The Board does not have the capacity to do something different than what the law requires.
Mr. Hammon noted that there is nothing in statute prohibiting the use of using the internet for advertising, but an agency may not choose the internet in lieu of advertising in a newspaper.
Mr. Rodriguez suggested that maybe a statute could be changed to accept the use of advertising through the internet in lieu of using the newspaper. Many more people see an ad online than they do with a local newspaper. Mr. Rodriguez explained about a recent incident with the Idaho Statesman of an ad mix-up that cost them several additional days of not being advertised or shown.
Mr. Olsen said it is a good point. There was a recent Idaho Supreme Court decision has ruled that you do not need to advertise in the Idaho Statesman itself, but a local area paper would suffice.
Resolution: Mr. Olsen moved item 6 to be denied. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.
7. Tax Commission
Request pursuant to Idaho code 63-3067(2) to pre-approve the transfer of $20 million from the general fund to the state refund account so that tax refunds can be paid timely. The pre-approval would be authorization to borrow the money between May 1, 2009, and June 15, 2009, if needed.
Disucssion: Mr. Poppler said the Tax Commission has been watching the balance for the last couple of months. The last time this happened was in 2004. Another time was in 2003. The first time it happened they were not even aware of it; checks just quit processing. This time with the economy down, the Commission is anticipating this problem happening and they have been very deliberate and slow in the refund process. Even so, the Commission is probably sitting on about $20 million in refunds. They anticipate by the end of this fiscal year, that we will just squeak by. Mr. Poppler explained that their refunds have to be paid by June 15th. That is when they anticipate borrowing $20 million, and would then pay back the loan by June 30th. By law, any balance in that fund over $1.5 million goes back.
Resolution: Mr. Hammon moved to approve item 7 and place it on the consent agenda. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.
8. Office of the Attorney General
a. Notification that Lawrence E. Kirkendall, Attorney at Law, 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 the matter of Pamela Cly.
b. Notification that Anthony M. Valdez, Valdez Law Office, 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 in the matters of several Idaho Correctional inmates.
c. Notification that Susan K. Servick, Attorney at Law, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho, Idaho Transportation Department, in any appeal from a hearing officer’s decision filed pursuant to the authority of Idaho Code §18-8002A, Automatic License Suspension Program.
d. Notification that John A. Bailey, Jr. of the firm of Racine, Olson, Nye, Budge & Bailey, Chtd., 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 the matter of Max Sanchez.
e. Notification that Cheri Bush, Attorney at Law, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of providing a legal review of the referenced claims, including summaries of the claims and an assessment of whether the claims support any liability apportionable to the Idaho Industrial Special Indemnity Fund.
9. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of February, 2009.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in February, 2009
Workers Compensation Claim Costs
Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of February, 2009.
A meeting agenda will be available at the Idaho State Controller’s Office, 700 West State Street, Boise, Idaho, two (2) working days before the meeting.
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in February, 2009:
If you have questions or would like to arrange auxiliary aides or services for persons with disabilities, please contact the Idaho State Controller’s Office at (208) 334-3100. Accommodations for auxiliary aides or services must be made no less than five (5) working days in advance of the meeting.
The CONSENT AGENDA addresses routine items the board may approve without discussion.
The REGULAR AGENDA addresses policy and program items the board may wish to discuss prior to making a decision.
The INFORMATION AGENDA provides information only.
The agendas are subject to change and the Board may move an item from one agenda to another.