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
MINUTES
SUB-COMMITTEE MEETING
STATE BOARD OF EXAMINERS
May 6, 1999 - 9:00 a.m.
State Controller's Office - 5th Floor Conference Room A


Attending: Jeff Malmen, Office of Governor
              David High, Office of Attorney General
              Ben Ysursa, Office of Secretary of State
              H. W. Turner, Office of State Controller

Visitors Attending: Debra Shields-Courtsey, Department of Correction
              Karl B. Kutz, Department of Health and Welfare
              Gary Broker, Department of Health and Welfare
              Keith Hasselquist, State Board of Education
              Lois Bear, Department of Law Enforcement
              Ken Miracle, Board of Veterinary Medicine
              Rex Reagan, State Controller's Office
              Peggy Haar, State Controller's Office
              Audrey Musgrave, State Controller's Office


1. DEPARTMENT OF CORRECTION - Debra Shields-Courtsey - Associate Warden
    Request for authorization to pay 80.5 hours compensatory time for Lt. Tim Higgins, who will be moving to an investigative lieutenant position at Central Office. He has been unable to take this time off due to heavy work loads, and his vacation balance is close to maximum accrual. The 10.0 hours EAL can be paid without Board of Examiners approval.
      Lois Bear stated they would like to pay compensatory time earned by Lt. Higgins while working on special projects. He is being transferred to another position at Central Office. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.


2. IDAHO PERSONNEL COMMISSION - Darrell Manning, Division of Financial Management
    Request for authorization that Richard J. Hutchison's vacation pay-off be split between the June 25, 1999 and July 9, 1999 pay days. Mr. Hutchison is retiring from state service effective June 19, 1999. This will allow some of the cost of the new Division of Human Resources to be paid from salary savings in the Personnel Commission FY 1999 budget.

    MINUTES
    SUB-COMMITTEE MEETING
    MAY 5, 1999
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        IDAHO PERSONNEL COMMISSION (continued)

        Darrell Manning was unable to attend for this discussion because of another meeting conflict. He arrived after the request was discussed and acted upon. Jeff Malmen stated this is for the director's pay. David High made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. The motion passed unanimously.

      DEPARTMENT OF HEALTH AND WELFARE - Karl B. Kurtz, Director, and Gary Broker, Administrator, Division of Management Services

    3. Request for authorization to pay overtime for the following employees currently working in the Child Support Program from April 4, 1999 through July 3, 1999. This request is because of a backlog of work caused by a high turnover in staff, the implementation of the ICSES system in December, and the implementation of electronic fund transfer (EFT) for all child support payments this fall .
            Region VI Region IV
            Tom Hughes Mary Susie Freeman
            Leslie Betty Shannon Barnes
            Cheryl Tolman Kelli Leon

            Region V Central Office
            Becky Peterson Don McEldowny
            Phyllis Geisler
            Region III Sherrie Brown
            Deborah Mackay Kirsty White
            Tammy Payne

    4. Request for authorization to pay overtime for the following two additional employees currently working in the Child Support Program from April 4, 1999 through July 3, 1999, as per #3 above.
                Sandy Baker
                Tamela Palmer
        Gary Broker reported requests #3 and 4 are to pay overtime for employees working to clean up case loads before implementation of the electronic fund transfers for child support payments this fall. David High made a motion to recommend approval of #3 and 4. Ben Ysursa seconded the motion. The motion passed unanimously.


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    SUB-COMMITTEE MEETING
    MAY 5, 1999
    Page 3

      DEPARTMENT OF HEALTH AND WELFARE (continued)

    5. Request for authorization to remove the vacation cap for Julie Grunder effective through the end of December, 1999. She is close to the maximum vacation accrual and significant vacation time cannot be granted until two extensive projects are completed.
        Gary Broker stated this request is to remove the vacation cap for Julie Grunder through the end of December, 1999. Jeff Malmen questioned if the requirement to restore the vacation cap in December will be stated in the approval letter, and was advised it will be. David High made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. The motion passed unanimously.


    6. Request for authorization to pay compensatory time to the following employees of the Information and Technology Services Division accrued over the last 26 months. Because of a heavy workload and vacancies, vacation balances are reaching accrual limits.
                John Krause 166.3 hours
                Barbara Wade-Maness 98.5 hours
                Marti Manly 132.3 hours
                Patti Stevenson 142.0 hours
                Tom Waters 39.5 hours
        Gary Broker stated the IT Service Division has lost approximately 33 employees in the last two years and these employees have been required to work overtime. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.


    7. Request for authorization for a one time bonus in an amount equal to the excess accrued vacation leave beyond the limits established by Idaho Code for the following employees. The vacation limit will be restored at 336.0 hours following payment.
                Vacation balances as of April 30:
                Gary Broker 579.50
                Billie Schell-Ruby 424.60
                Larry Tippets 483.60
                William Uhrig 507.20

    MINUTES
    SUB-COMMITTEE MEETING
    MAY 5, 1999
    Page 4

      DEPARTMENT OF HEALTH AND WELFARE (continued)

        Karl Kurtz stated the four individuals have been placed on projects that require they cannot take sufficient amounts of vacation to reduce the balances to the maximum. Ben said these amounts have accrued from past years and could possibly be considered as "grandfathered". He said he did not want to set a precedent by paying the amounts but the employees have not been able to keep up with the schedule provided to reduce their vacation balances. Ben said he had discussed this with Larry Kirk and some Sub-Committee members and feels perhaps this is the best way to resolve the longstanding problem. Jeff Malmen asked what happens after the excess vacation leave is paid and balances are back to 336.0 hours. Karl stated they will be accruing zero vacation leave until they have reduced the balances below 336.0 hours. Jeff also questioned the #5 request to remove Julie Grunder's vacation cap and how it will be restored. He was advised the December date will be entered into the EIS Payroll System and her vacation cap will be restored at that time. Jeff Malmen made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. The motion passed unanimously.


    8. IDAHO STATE UNIVERSITY - Keith Hasselquist, Chief Fiscal Officer
      Request for authorization to pay moving expenses from University funds in the amount of $9,500.00 for the position of Dean, Student Affairs.
        Keith Hasselquist stated this is for moving expense reimbursement for Douglas Covey for a vice president level position. David High made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. The motion passed unanimously.

      DEPARTMENT OF LAW ENFORCEMENT - Lois Bear, Human Resource Specialist, Sr.

    9. Request that the waiver of the $1,000 limit on bonuses be extended to all state agencies. The Department of Health and Welfare received Board of Examiners approval on 4-13-99 for waiver of $1,000 bonus limit for the remainder of FY 99 and FY 2000 until 9-30-99. It was stipulated that only one bonus per employee be provided in FY 2000, and that only workers who received a performance review that exceeded expectations or better would be eligible for such bonuses.




    MINUTES
    SUB-COMMITTEE MEETING
    MAY 5, 1999
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      DEPARTMENT OF LAW ENFORCEMENT (continued)
        Lois Bear stated they would like the waiver of the $1,000 bonus limit be extended to all state agencies. It would be under the same conditions as the Department of Health and Welfare's April request and would be for one time only. Ben Ysursa said he felt all agencies should be treated equally. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.


    10. Request for authorization to pay a $4,000 IT bonus to Don Peterson, who is supervisor of the IT function of the Idaho Law Telecommunications System (ILETS) section. His title, ILETS Field Training Coordinator, is not a normal IT position.
        Lois Bear reported this position is not considered an IT position, but he actually supervises IT employees. Jeff Malmen questioned if this information is forwarded to Pam Ahrens, and was advised the information is always being sent to her for inclusion on her Master List. Ben Ysursa made a motion to recommend approval on the Consent Agenda. Jeff Malmen seconded the motion. The motion passed unanimously.
    11. Request for authorization to pay 110.0 hours accrued compensatory time for Mr. Michael Key, IT Manager, accrued between July 1, 1998 through April 6, 1999. Because of the demands associated with the Y2K issue, it would be very difficult to significantly reduce these hours prior to the end of this fiscal year without negatively impacting department operations and resources.
        Lois Bear stated Michael Key was required to work overtime because of the Y2K issue. Jeff Malmen made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.
    12. Request for authorization to pay up to $5,500 to PERSI on behalf of Corporal Steve Hobbs, who was seriously injured by gunshot while on patrol in June of 1991. He was not eligible for disability retirement and could not perform the duties of a State Trooper. He has been working as a "School Resource Officer" in the Rupert area but is unable to continue in this kind of assignment. The $5,500 will "buy back" some previous eligible time for Hobbs and he can go on disability retirement.



    MINUTES
    SUB-COMMITTEE MEETING
    MAY 5, 1999
    Page 6

      DEPARTMENT OF LAW ENFORCEMENT (continued)
        Lois Bear stated they would like pre-approval for the PERSI "buy back" so the department can use it as part of a settlement negotiation, if needed. David High asked which Deputy Attorney General is working on this issue but Lois did not have that information. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.


    13. Request for authorization to pay compensatory time for the following Peace Officer Standards & Training (POST) employees accumulated during the past six months because of employee vacancies:
            Doug Graves 70.0 hours
            Debbie Kindelberger 87.0 hours
            Steve Westerberg 71.3 hours
        Ben Ysursa made a motion to recommend approval on the Consent Agenda. Jeff Malmen seconded the motion. The motion passed unanimously.


    14. BOARD OF VETERINARY MEDICINE - Ken Miracle, Human Resource Officer
      Request for authorization to pay 104.0 hours compensatory time for Sheila Jensen, accrued between June 5, 1998 and March 6, 1999. Sheila runs the day-to-day operations of the Board office and performs her increased administrative responsibilities. She continues to remain at the maximum hours allowable for vacation time.
        Ken Miracle stated they appeared before the Sub-Committee a few years ago to request authorization to pay overtime for Sheila Jensen as it was accrued and was advised to request approval after the overtime was accrued. They have filled another position so Sheila should not be required to work as much overtime. David High made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. The motion passed unanimously.





    MINUTES
    SUB-COMMITTEE MEETING
    MAY 5, 1999
    Page 7


    15. STATE CONTROLLER'S OFFICE
      Request for authorization to pay 105.5 hours compensatory time for Norma Clark, IT Systems Analyst Supervisor, Division of Computer Services. She has almost reached maximum vacation accrual limits and is unable to reduce the compensatory time hours.
        Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High second the motion. The motion passed unanimously.


    16. DIVISION OF VETERANS SERVICES - Rex Reagan, SCO
      Request that the Guidelines for the Disposal and Sale of Surplus Personal Property, #5 disposal means, be revised by including organizations that qualify under Section 501(c)(19) Internal Revenue Service. This change would allow state organizations to donate surplus property to our state's nationally chartered veterans service organizations.
        Rex Reagan reported revising the guidelines to include Internal Revenue Service 501(c)(19) in addition to 501(c)(3) for donation of items of diminutive value to a charitable organization. Discussion was held if it should be amended to include all of Section 501(c) but it was decided to limit it to 501(c)(19). Ben Ysursa made a motion to recommend approval on the Consent Agenda. Jeff Malmen seconded the motion. The motion passed unanimously.

      OFFICE OF ATTORNEY GENERAL

    17. Notification that Bentley Stromberg, of the firm of Clements, Brown & McNichols, has been appointed to represent the interests of the University of Idaho in the Matter of Erik Thorson/University of Idaho, Office of Civil Rights Ref. No. 10992044, pursuant to Idaho Code § 67-1409.

    18. Notification that Kirtlan G. Naylor, of the firm of Hamlin & Sasser, has been appointed to represent the interests of the Idaho Public Utilities Commission in the Matter of Rita Scott/Public Utilities Commission, Idaho Personnel Commission, pursuant to Idaho Code § 67-1409.




    MINUTES
    SUB-COMMITTEE MEETING
    MAY 5, 1999
    Page 8

      OFFICE OF ATTORNEY GENERAL (continued)

    19. Notification that John Bujak, attorney at law, has been appointed to represent the Idaho Human Rights Commission during the preparation for and the conduct of a meeting of the Commission to be held in Boise, Idaho on May 1, 1999, pursuant to Idaho Code § 67-1409.

    20. Notification that Candy Wagahoff Dale, of the firm of Hall, Farley, Obserrecht & Blanton, has been appointed to represent the interests of the Idaho Department of Labor in the Matter of Maria Gonzalez Mabbutt, U.S. Department of Labor, Directorate of Civil Rights, DCR Complaint No.: 96-ID-003, pursuant to Idaho Code § 67-1409.
        Jeff Malmen made a motion to recommend approval on the Consent Agenda for items #16-19. David High seconded the motion. The motion passed unanimously.


    6. DEPARTMENT OF HEALTH AND WELFARE
      Peggy Haar, Administrator, Division of Statewide Payroll, raised the question of item #6 request from the Department of Health and Welfare to pay compensatory time. The records in the Division of Statewide Payroll System show different amounts than requested so will be paid according to EIS records:

    H & W Hours EIS Hours
            John Krause 166.3 168.0
            Barbara Wade-Maness 98.5 83.5
            Marti Manly 132.3 132.8
            Patti Stevenson 142.0 141.0
            Tom Waters 39.5 0
        David High made a motion to recommend approval for payment of overtime hours on the Consent Agenda to the extent confirmed by the State Controller's Office Payroll System. Jeff Malmen seconded the motion. The motion passed unanimously. The Department of Health and Welfare will be notified of the inconsistencies in hours.






    MINUTES
    SUB-COMMITTEE MEETING
    MAY 5, 1999
    Page 9

    INFORMATIONAL AGENDA
      STATE INSURANCE FUND

    21. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of April, 1999.
        Estimated expenditure for workers $7,500,000.00
        compensation claim costs, dividends
        and premium refunds
      Funds Expended in March 1999:
        Workers Compensation Claim Costs $7,324,951.68
        Dividend ( 540,123.59)
        Policy Refunds 329,717.42
        Total $7,114,545.51


    22. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft for the month of April 1999.
        Estimated expenditures for $750,000.00
        Petroleum Storage Tank Fund
      Fund expended in March 1999:
        Payroll $ 49,209.66
        Operations 9,044.02
        Continuous Appropriations - Operations 45,388.91
        Continuous Appropriations - PSTF Claim Costs 22,376.19
        Total $126,018.78



    23. BUREAU OF HAZARDOUS MATERIALS
      The Bureau of Hazardous Materials has provided copies of graphic representations and a synopsis of the increase in numbers of clandestine drug labs in the State of Idaho for your review.




    MINUTES
    SUB-COMMITTEE MEETING
    MAY 5, 1999
    Page 10


    24. FOR YOUR INFORMATION - MOVING REIMBURSEMENT SITUATION - Hal Turner
      The State Controller's Office was contacted by an employee of Juvenile Corrections, who was paid $3,000 in moving expenses to move from Virginia. She evidently feels she is working in a hostile environment and decided to resign her position effective April 30, 1999. She will begin employment with the Department of Correction on May 3, 1999. She has learned she must repay her moving expense reimbursement because she voluntarily resigned and was not employed by Juvenile Corrections for a year, in accordance with policy. She questioned if this must be repaid because she is still in state employment status. This office advised her the Board of Examiners establishes the policy and it is up to the state agencies to enforce it. She was told this issue probably needs to be addressed by the two agencies, and if they would like to request a waiver of the reimbursement, one should be submitted to the Board of Examiners. She does not think Juvenile Corrections desires to be amicable in this matter and indicated she plans to hire an attorney.
        Hal stated this is to be a "heads up" for informational purposes only and not for any action by the Sub-Committee at this time. This issue could arise later before the Sub-Committee. Ben Ysursa said as a matter of good policy before agencies pay new employees moving expense reimbursements the employment contract should contain a statement explaining "pay backs" requirements in case of voluntary resignations within one year, referencing the established policy and filed with the Board of Examiners. Jeff Malmen asked that something be drafted to that effect for review at the next Sub-Committee meeting for possible distribution to all state agencies. Hal said he would provide.
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