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
June 5, 2003
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 9:03 a.m. pursuant to §67-2002, Idaho Code and by order of the chair.

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

Also present by invitation were Keith Hasselquist, Carol Joyce, Gary Broker, Richard Gummersall, Gary Ward, Michael Cooper, Kelly Nelson and William Robbins.


· CONSENT AGENDA
1. Minutes - Approved

    Approval of official minutes for the meeting of the subcommittee to the Board of Examiners on May 8, 2003.

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

· REGULAR AGENDA
2. University of Idaho – Approved

    Request for authorization to reimburse moving expenses for the following as noted below:
        Position
    DepartmentSalaryUp to Amount
      a. Assistant Professor
    Letters, Arts & Social Sciences$38,000 -$41,000$1,000
        b. Visiting Asst. Professor, Voice
    School of Music$35,000$1,000
        c. Visiting Asst. Professor, Saxophone
    School of Music$35,000$1,000
        d. Visiting Asst. Professor
    Sociology$35,000$,1000
      e. Visiting Asst. Professor
    Justice Studies$35,000 - $40,000$1,000

Discussion: Mr. Goodenough questioned if the visiting professors brought federal funds with them and Mr. High asked for review of the policy regarding paybacks and terms of employment. Mr. Hasselquist explained that the absent U of I professors, whom the visiting professors were replacing, may be working on projects with such funding and that the visiting professors’ terms of employment satisfied the State Moving Policy payback requirements.

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

3. Boise State University – Approved a-c; Recommended approval of d-e to the board

    Request for authorization to reimburse moving expenses for the following as noted below:
    Position
    PCNDepartmentSalaryUp to Amount
      a. Director Environmental Health/Associate Professor
    2331Health Studies$55-60,000$5,000
      b. Director of Developmental Mathematics
    3506Mathematics Department$40,000$5,000
      c. Department Chair/Associate Professor
    2387College of Engineering$65,000$5,000
      d. President
    1101Boise State University$183,000$20,000
      e. Cheryl Schrader, New Dean
    2483College of Engineering$125,000Original approval 3/6/03 for $5,000; request additional $10,000 for a total of $15,000
Resolution: Mr. High moved a) to approve a-c and to recommend approval of d-e to the board. Mr. Goodenough seconded approval of a-c and Mr. Foltman approved the motion for d-e. The motions carried with unanimous voice votes. Mr. High recommended that BSU have a representative at the regular board meeting to respond to any potential questions.

4. Idaho State University – Approved

    Request for authorization to reimburse moving expenses for the following as noted below:
        Position
    DepartmentSalaryUp to Amount
      a. Assistant Lecturer (1 FTE)
    English & Philosophy$26,264$500
        b. Visiting Assistant Professor (1 FTE)
    Physics$38,000$500
      c. Assistant Clinical Professor (1 FTE)
    Communications Science$44,844$3,000

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

5. Idaho Department of Health & Welfare – Approved

    Request for authorization to reimburse moving expenses for the following as noted below:
        Position
    DepartmentSalaryUp to Amount
      a. Colleen Miller-Tuckett, Children’s Mental Health Clinician
    IDHW, Salmon, IdahoNA$400
      b. Jerry Lee, Attorney
    IDHW, Attorney General’s OfficeNA$5,000
Resolution: Mr. High moved to approve the request. Mr. Foltman seconded the motion. The motion carried with a unanimous voice vote excepting Mr. Goodenough who abstained.

In addition upon Gary Broker’s announcement of his retirement, Mr. High moved to officially thank Mr. Broker for his fine work and many years of service to the state and IDHW. Mr. Foltman seconded the motion. The motion carried with a fervent unanimous voice vote.

6. Idaho Department of Parks & Recreation – Approved

    Request for authorization to reimburse moving expenses up to $5,000 for a P & R Manager 3 position (pay grade L) with IDPR in Athol, Idaho

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

7. State Superintendent of Public Instruction – Approved

    Request for authorization to reimburse moving expenses up to $5,000 for Mr. Pat White who will join the SDE staff no later than September 15, 2003 as the new Coordinator of Mathematics and Science Improvement. Mr. White’s salary, benefits and expenses will be supported by federal funds through Title II of the No Child Left Behind act.

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

8. Bureau of Hazardous Materials, Division of Military, Executive Office Of Governor – Recommended approval to 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
      2003-0635
    Drug Lab
    2948.65
    Typical
      2003-1056
    Drug Lab
    1545.36
    Typical
    Total
    $4494.01
Resolution: Mr. Foltman moved to recommend approval of the request to the board. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

9. Department of Agriculture – Recommended approval to the board

    Request approval for deficiency warrant spending authority for $250,000 for infestation control by the Grasshopper/Mormon Cricket Control Program and $70,000 for detection surveys in the Survey Programs for Pets and Diseases. These requests cover the period from July 1, 2003 to June 30, 2004.

Discussion: Michael Cooper, Acting Administrator for the Grasshopper/Mormon Cricket Control Program, acknowledged the Division of Financial Management’s (DFM) request to start requesting deficiency warrants on a fiscal year basis. He updated the subcommittee on the status of the infestation and beginning efforts of abatement in Mayfield and Mountain Home as well as monitoring in Lincoln, Gooding and Oneida Counties. Mr. Foltman inquired about this year’s request as compared to previous years to which Mr. Cooper noted a slight increase and explained participation with grower groups.

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

10. State Controller’s Office – Recommended approval to the board

    Request for recognition of agreement with Balukoff Lindstrom & Co., P.A. to provide the Legislative Services Branch audit as of and for the year ended June 30, 2003. The audit will begin on approximately October 6, 2003. Services will be billed and payable monthly with the gross fee, including expenses, not to exceed $13,000.

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

11. Idaho Industrial Commission – Recommended approval to the board

    Request for authorization to dispose of four large power files through electronic auction. It is estimated to cost approximately $5,000 per filing machine to disassemble, haul and reassemble. As such, these are not easy items to sell or donate. Therefore, the commission would like to try E-Bay to sell the power files.

Discussion: Mr. High inquired if electronic auctions were doable today. Kathy Ewert, Aid to the Secretary of the Board of Examiners, noted the passage of H013aa that removed the statutory limit of public auction (as define in law) and enabled the Board of Examiners to set policy and procedures for disposal of surplus state personal property. At that time, an amendment to the State Surplus Personal Property Policy was being drafted to comply with the new law. This draft amendment will be presented to the board next month to define the procedures enabling electronic auctions.

Resolution: Mr. Goodenough moved to recommend approval of the request to the board provided the sale is postponed until after July 1, 2003 and comply with the new law enacted in H013aa. Mr. Foltman seconded the motion. The motion carried with a unanimous voice vote.

12. State Department of Education - Withdrawn

    Request for authorization to dispose of five 1996 Yamaha Virago XV250’s, that have been used in the Idaho STAR motorcycle rider training program, by trade-in the motorcycles for two new Honda CB250’s with a willing local dealer. The motorcycles have had hard use, which will probably reduce the low Blue Book value, which is approximately $1,300 each.

13. Department of Administration - Recommended approval to the board
    Request for recognition of assignment as executed by Assignor Nosmada Investments, Salt Lake City, Utah and Assignee Bielec Industrial Complex, Inc., Coeur d’Alene, Idaho, for a real property lease regarding the State of Idaho by and through the Idaho Department of Health and Welfare as ‘Lessee’ and Lessee’s occupancy of 823 Park Centre Boulevard, Nampa, Idaho, pursuant to Idaho Code § 67-1027.

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

14. Attorney General - Recommended approval to the board

    a. Notification that Michael J. Kane of the firm of Kane & Tobiason has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho, Board of Professional Engineers and Professional Land Surveyors in the matter of Rolland Mullinix.

    b. Notification that Kirsten A. Ocker, Attorney at Law, has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of a) completing the original work assignment for the development of a comprehensive draft set of basic standardized legal forms for use by all Child Support attorneys; 2) preparing, drafting, revising, and submitting completed drafts of Standardized Paternity/Establishment Legal forms; 3) assisting and advising Deputy Attorney General Cheryl Meade and other support staff in the preparation of other necessary standardized legal forms drafts; and 4) assisting in the development of a procedure for use testing of the forms.

    c. Notification that Mitchell W. Brown of the firm of Racine, Olson, Nye, Budge & Bailey 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 Campbell v. Idaho Transp. Dep’t. et al., Case No. CV-2W3-2104-OC; State File No. 2001-0938-001.

    d. Notification that Frank J. Dykas of the firm of Dykas, Shaver & Nipper has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of providing legal counsel and services to the State of Idaho as to intellectual property rights related to Idaho Commemorative Coins authorized by Idaho Code § 67-1223.

    e. Notification that Richard H. Greener of the firm of Cosho, Humphrey, Greener & Welsh has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of providing legal advice and counsel to the Idaho Potato Commission concerning certain professional services malpractice.

    f. Notification that Jeffrey M. Wilson of the firm of Wilson & McColl, Chtd. has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of representing Celina Sturgis, a co-defendant of the State of Idaho and former state employee, in the case of Karr v. Bermeosolo, et al., Case No. CVOC-0108325D; State File No. 2001-1107-001.

    g. Notification that Randall A. Peterman of the firm of Moffatt, Thomas, Barrett, Rock & Fields 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 Allison Mills, Inc. Bankruptcy Case No. 03-40767.


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

15. Secretary of State - Recommended approval to the board

    Request for authorization pursuant to Idaho Code § 73-212 to distribute the Idaho Code and its supplements as listed in the Idaho Code 2003 Annual Distribution List.

Resolution: Mr. Foltman moved to recommend approval of the request. Mr. High seconded the motion. The motion carried with a unanimous voice vote excepting Mr. Goodenough who abstained.

16. Board of Examiners – Recommend move to informational agenda for the board with explanation

    Emergency request to create and approve a budgetary contingency plan.

Discussion: Mr. High explained that no action was needed as a plan was in place this year and they did not anticipate any special action. Mr. Foltman concurred affirming that DFM would seek Board of Examiners involvement if necessary. Mr. Kenyon suggested moving this item to the informational agenda.

Resolution: Mr. Foltman moved to recommend DFM submit a letter regarding the contingency plan to the Board of Examiners and to move this item to the informational agenda. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.



· INFORMATIONAL AGENDA
17. Conference of Public Health Districts
    Notification that the distribution of SB1194 (negative supplemental) was approved at the Conference of District Directors’ meeting on May 14, 2003 and will be distributed between the districts as follows:
      District
    State General Fund Amount
      a. District 1 (includes $3,200 for Aquifer)
    $ -49,976
    b. District 2
    $ -33,005
    c. District 3
    $ -50,287
    d. District 4
    $ -74,183
    e. District 5
    $ -44,571
    f. District 6
    $ -46,137
      g. District 7
    $ -44,141
      Total
    $-342,300

18. State Tax Commission – Recommend approval on consent agenda and clarification to ratify action
    Publication of request for transfer of $11,000,000.00 from the general fund into the state refund account such that tax refunds could be paid timely. This request was routed by buck slip on May 23, 2003 and approved by a quorum vote of Secretary of State Ysursa and Attorney General Wasden.

Discussion: Responding to an inquiry about the buck slip approval, Mr. High explained that the Board of Examiners, as a constitutionally created body, was exempt from the Open Public Meetings Law (I.C. 67-2341 to 67-2347); yet the Board traditionally adhered to this law since the public officials belong to this board strongly support this law. Additionally, there is nothing in this law that prohibits the buck-slip procedure and the act distinguishes formation of public policy and business to be done in open meetings from an administrative act carrying out that public policy i.e. the transfer of funds. Mr. Foltman concurred about this being an authorized technical adjustment following procedural precedence. Mr. High advised that a buck slip approval be ratified at subsequent open public meetings of the board.

Resolution: Mr. Goodenough moved this item to the consent agenda and to recommend ratification of the transfer. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

19. State Controller’s Office

    Presentation of a study on moving reimbursements paid to employees at Idaho college and universities. The report provides information necessary to identify general trends and queries in the current state moving policy. It also offers some possible solutions for these issues based on practices in other states and institutions of higher education.

Discussion: Mr. Kenyon noted a request from Ann Heilman, Administrator of the Division of Human Resources, to hold this item, along with work on compensatory time issues, until next month pending further discussion. Mr. Hasselquist inquired if the universities would be involved. Mr. High suggested an informal, collaborative review with the college and universities, SCO, the Division of Human Resources and others. Mr. Hasselquist agreed to help with this effort.

20. State Insurance Fund

    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of May 2003.

        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $15,000,000.00
      Funds Expended in April 2003
      Workers Compensation Claim Costs
    $7,721,646.48
      Dividend
    $4,153.00
      Commissions
    $19,725.86
      Policy Refunds
    $170,554.81
      Total
    $7,916,080.15
    b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of May 2003.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in April 2003:
      Payroll
    $55,606.63
      Operations
    $22,416.80
      Claim Costs
    $164,918.47
      Total
    $242,941.90

There being no further business before the board and on motion duly made and seconded, THE MEETING OF THE SUBCOMMITTE TO THE STATE BOARD OF EXAMINERS WAS ADJOURNED at 9:38 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.
    Page last updated on 07/13/2006 01:50:12 PM