C.L. "Butch"
Otter
Governor
Lawerence
Denney
Secretary of
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Lawrence
Wasden
Attorney
General
Brandon D
D Woolf
State
Controller,
Secretary
SCO > Board of Examiners > Subcommittee Minutes
STATE BOARD OF EXAMINERS
MINUTES – Subcommittee Meeting
May 8, 2003
Joe R. Williams Building, 5th Floor Conference Room A


The regular meeting of the Subcommittee of the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 9:01 a.m. pursuant to §67-2002, Idaho Code and by order of the chair.

The following board members or their representatives were present, constituting all the members: Darrell Manning, Office of the Governor; Dave High, Office of the Attorney General; Chuck Goodenough, Office of the Secretary of State, and Steve Kenyon, Office of the State Controller, as assisting secretary to the subcommittee.

Also present by invitation were Marty Peterson, Peggy Davis, Keith Hasselquist, Judi Gregory, Gary Ward and Ann Heilman.

· CONSENT AGENDA
1. Minutes - Approved

    Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on April 3, 2003.

Resolution: Mr. Manning moved to approve the minutes. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

· REGULAR AGENDA
2. University of Idaho – Approved items a-e

    Request for authorization to reimburse moving expenses for current open positions as follows:
        Position
    DepartmentSalaryUp to Amount
      a. Visiting Asst. Professor
    Philosophy
    $38-41,000
    $5,000
        b. Visiting Asst. Professor, Voice
    Music
    $35-40,000
    $5,000
        c. Asst. Professor, Dairy Nutrition
    Ag & Life Science
    $55-60.000
    $5,000
        d. Asst. Professor, Health Education
    Health, PE, Rec & Dance
    $40-42,000
    $2,000
      e. Postdoctoral Fellow
    Hagerman Fish Station
    $40-42,000
    $2,500

Resolution: Mr. Manning moved to approve the requests. Mr. High seconded the motion. The motion carried with a unanimous voice vote.


3. Boise State University – Approved items a-l

    Request for authorization to reimburse moving expenses for current open positions as follows:
        Position
    DepartmentSalaryUp to Amount
      a. Visiting Professor
    Psychology Department
    $35,000
    $1,600
        b. Visiting Professor
    Psychology Department
    $35,000
    $1,600
        c. Assistant Professor
    Mathematics Department
    $43,500
    $5,000
        d. Visiting Professor
    Department of Political Science
    $35,000
    $1,000
        e. Conference Services Coordinator
    Student Union
    $40,000
    $5,000
        f. Assistant Professor/Instructor
    Department of Nursing
    $34,500
    $5,000
        g. Career Counselor
    Career Center
    $34,029
    $5,000
        h. Associate Athletic Trainer
    Athletics
    $38,675
    $5,000
        i. Assistant Professor
    Mathematics Department
    $52,000
    $5,000
        j. Staff Psychologist
    Counseling & Testing Center
    $36,000
    $5,000
        k. Staff Psychologist
    Counseling & Testing Center
    $31-36,000
    $5,000
      l. Social Worker
    Counseling & Testing Center
    $31-36,000
    $5,000

Resolution: Mr. High moved to approve requests a-l. Mr. Manning seconded the motion. The motion carried with a unanimous voice vote.

4. Idaho State University – Approved a-e; recommended approval by board for f

    Request for authorization to reimburse moving expenses for current open positions as follows:
        Position
    DepartmentSalaryUp to Amount
      a. Assistant Professor
    Health & Nutrition Science, College of Health Prof.
    $38,000
    $2,000
        b. Research Professor
    Institute of Rural Health, College of Health Prof.
    $65,000
    $2,000
        c. Assistant Professor
    PPAS/Pediatrics, College of Pharmacy
    $68,000
    $5,000
        d. Assistant Professor
    PPAS/Pharmacy Admin.
    $68,000
    $5,000
        e. Gov’t. Documents Librarian
        (This position was approved for $2,000 on 11/7/02; now requesting $500 additional for total of $2,500.)
    Library
    $34,000
    $2,500
      f. Athletic Director
    Athletic Administration, Intercollegiate Athletics
    $110,000
    $10,000

Audience with the Board: Mr. Hasselquist explained that the athletic director may be recruited from Boise, Idaho and less than $10,000 may be needed.

Resolution: Mr. High moved to approve requests a-e and to recommend approval by the board for f. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

5. Department of Juvenile Corrections – Approved

    Request for authorization to reimburse moving expenses up to $1,000 for the position of District Liaison, District 2, in Lewiston at an approximate salary of $40,400.

Resolution: Mr. Manning moved to approve the request. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

6. Bureau of Hazardous Materials, Division of Military, Executive Office Of Governor – recommended approval by the board

    Request for authorization to issue deficiency warrants for reimbursement of response costs incurred during April 2003 pursuant to Idaho Code 39-7110.
    ID #
    Description
    Amount
    Comments
      a. 2002-4479
    Hazmat
    $3839.37
    Paint dumped in Jewell Lake
      b. 2003-0643
    Drug Lab
    910.61
    Typical
      c. 2003-0691
    Drug Lab
    395.63
    Typical
      d. 2003-0784
    Drug Lab
    435.05
    Typical
      e. 2003-1075
    Drug Lab
    144.10
    Typical
      f. 2003-1346
    Drug Lab
    1824.48
    Typical
      g. 2003-1390
    Drug Lab
    1473.25
    Typical
    Total
    $9022.49
Audience with the Board: Mr. Ward discussed the unique case at Jewel Lake and the necessity for the late addition of item g to the agenda.

Resolution: Mr. High moved to recommend approval by the board of requests a-g. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

7. Idaho State Police – recommended denial by the board

    Held request for authorization to accrue and immediately pay overtime for Tom St. Claire, IT programmer, who will be working on a federally funded project for the department. There will be no impact on the general fund and no savings if the department were to outsource the project. Division of Human Resources (DHR) recommends denial of this request per DHR job analysis on March 11, 2003. Request held one more month pending FLSA and legal review.

Audience with the Board: Ann Heilman, Administrator, Division of Human Resources, explained a review of FLSA and state laws to the subcommittee. She noted that overtime must be accrued during the unusual or emergency circumstance and projection of such pay is not within the law.

Resolution: Mr. Manning moved to recommend denial by the board of the request. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

8. Division of Military, Executive Office of Governor – recommended approval by the board

    Request to pay $5,151.05 to the State Insurance Fund for workers’ compensation claims of members of the Idaho National Guard during the quarter ending March 31, 2003.

Resolution: Mr. High moved to recommend approval by the board of the request. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

9. Attorney General – recommended referral by the board to Idaho Supreme Court for a recommendation

    Notification that Judge Deborah A. Bail issued a Partial Judgment and Order re Reimbursement for Testing for Heavy Metals (Lead) in Silver Valley Schools for the sum of $9,249.09 to Robert C. Huntley, Special Remedial Master, pursuant to Idaho Schools for Equal Educational Opportunity, et al. v State of Idaho, Case No. 94008.

Discussion: Mr. High explained that this reimbursement request is associated with a previous claim, which the board referred to the legislature and the Idaho Supreme Court for a recommendation. He also noted that, according to Cathy Holland-Smith, Legislative Budget & Policy Analysis, the legislature elected to wait for a Supreme Court ruling regarding the former special remedial master claim. No recommendation has been received to date.

Resolution: Mr. High moved to recommend that the board refer this claim to the Supreme Court for a recommendation. Mr. Manning seconded the motion. The motion carried with a unanimous voice vote.

10. Attorney General – recommended approval by the board

    a. Notification that Wynn R. Mosman of the firm of Mosman Law Offices 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 case of Verdal v. Greg Sheres Studio, Inc., IC No. 98-012411; SIF No. 980005879.

    b. Notification that Wynn R. Mosman of the firm of Mosman Law Offices 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 case of Taylor v. Personal Care, Inc., IC No. 96-037369; SIF No. 9616596.

    c. Notification that David Zaslowsky of the firm of Baker & McKenzie in New York 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 Potato Commission in case of M & M Packaging, Inc. v. Idaho Potato Com’n, U.S. District Court, Southern District of New York, Case No. 02 CV 10096.

    d. Notification that Wynn R. Mosman of the firm of Mosman Law Offices 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 case of Faulkner v. Dep’t of Health and Welfare, IC No. 98-025141; SIF No. 980011492.

    e. Notification that Larry E. Prince of the firm of Holland & Hart has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of providing legal advice, counsel, and consultation related to financial transactions and other transactions between, inter alia, the University of Idaho and the University of Idaho Foundation relating to the Idaho Water Center and the University Place projects.

    f. Notification that John L. King of the firm of Cantrill, Skinner, Sullivan & King 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 case of Thomason v. Idaho Dep’t of Transp., et al., Case No. CV PL 0300183D.

    g. Notification that Wynn R. Mosman of the firm of Mosman Law Offices 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 case of Stromberg v. ECO Analysts, Inc., IC No. 01-517296; SIF No. 200116625.

    h. Notification that Peter C. Erbland of the firm of Paine, Hamblen, Coffin, Brooke & Miller 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 case of Beck v. Speed City Int’l., et al., Case No. CIV 02-0014-N-EJL; State File No. 2000-1080-001.

    i. Notification that Wynn R. Mosman of the firm of Mosman Law Offices 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 case of Milner v. Phils Food City, Inc., IC No. 03-500018; SIF No. 200220466.

    j. Notification that Paul J. Augustine of the firm of Hall, Farley, Oberrecht & Blanton 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 cases of Conrad v. CTC Constr., Inc., IC No. 01-512299; SIF No. 200112697 and Hudson v. Coeur d’Alene Mines Corp., IC No. 01-006381; SIF No. 200103269.


Resolution: Mr. Manning moved to recommend approval by the board of notifications a-j. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

· INFORMATIONAL AGENDA
11. State Insurance Fund

    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of April 2003.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $15,000,000.00
      Funds Expended in March 2003
      Workers Compensation Claim Costs
    $8,386,123.61
      Dividend
    $890.00
      Commissions
    $1,838,880.60
      Policy Refunds
    $163,062.78
      Total
    $10,388,956.99
    b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of April 2003.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in March 2003:
      Payroll
    $55,497.22
      Operations
    $13,508.56
      Claim Costs
    $193,366.61
      Total
    $262,372.39

There being no further business before the board and on motion duly made and seconded, THE MEETING OF SUBCOMMITTEE TO THE STATE BOARD OF EXAMINERS WAS ADJOURNED at 9:21 a.m.





__________/s/ Keith Johnson________________
Keith Johnson, Secretary of the Board and
Idaho State Controller

Minutes of State Board of Examiners or the Subcommittee Meetings

The secretary to the board prepares preliminary minutes as a courtesy for the reader. Preliminary minutes have not been approved by the State Board of Examiners or its subcommittee and do not constitute the official minutes of the meeting. The minutes become official after approval at a subsequent meeting. Should you have any questions regarding these minutes, please contact brdexam@sco.state.id.us or call the Idaho State Controller’s Office at 334-3100.
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