STATE BOARD OF EXAMINERS
June 6, 2002 – 9:00 a.m.
Office of State Controller – Fifth Floor Conference Room A
Attending: Brian Whitlock, Office of Governor
Ben Ysursa, Office of Secretary of State
Dave High, Office of Attorney General
Keith Johnson, Office of State Controller
Mike Cooper, Department of Agriculture
Ken Miracle, Department of Agriculture
Marty Peterson, University of Idaho
Becky Henke, State Board of Education
Carol Joyce, Boise State University
Marion Demer, State Controller’s Office
Tim O’Leary, Idaho State Police
Becky Harris, Idaho State Police
Joni Booth, Department of Labor
Susan Lowman-Thomas, Veterans Services
Richard Jones, Veterans Service
Bernard Bufford, Veterans Services
Lynn McAuley, Correctional Industries
David Fulkerson, Correctional Industries
Judi Gregory, Department of Juvenile Corrections
Gary Ward, Bureau of Hazardous Materials
DEPARTMENT OF AGRICULTURE – Mike Cooper, Bureau of Feed & Plant Services; Ken Miracle, Human Resource Officer
1. Request for authorization for additional deficiency warrant spending authority in the amount of $300,000 for the 2002 Grasshopper/Mormon Cricket Control Program. The Board of Examiners approved $150,000 on February 12, 2002 and this additional funding request would bring the total to $450,000.
Mike Cooper reported they are asking for additional spending authority in the amount of $300,000 for the Mormon Cricket Control Program. This will bring the total to $450,000. Ben Ysursa recommended approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.
2. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses in the amount of $400.00 for the Engineer-in-Training position, Engineering Services Section in Pocatello, moving from Utah to Pocatello.
Ken Miracle reported they would like to reimburse the engineer position in the amount of $400.00 to offset some moving expenses. Brian Whitlock recommended approval by the Sub-Committee. Ben Ysursa seconded the motion. The motion passed unanimously.
UNIVERSITY OF IDAHO – Marty Peterson
3. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $5,000 for the following open positions:
4. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $600.00 for the following open position:
Position Department Amount
Director, Benefit Services Human Resources 1,000
Assistant Professor Materials & Metallurgy 5,000
Information Systems Technician Conferences and Events
5. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $2,000 for the following open position:
Assistant Men’s Basketball Coach Athletics
Marty Peterson reported they are requesting moving expense reimbursement up to $5,000 for Items #3, 4, and 5. Brian Whitlock made a motion to recommend approval by the Sub-Committee. Ben Ysursa seconded the motion. The motion passed unanimously.
IDAHO STATE UNIVERSITY – Becky Henke, State Board of Education
6. Request for authorization to reimburse additional moving expenses of $2,500 for the position of Assistant Professor in the Department of Pharmacy Practice and Administrative Sciences, for a total of up to $7,500. The Sub-Committee approved $5,000 moving expenses reimbursement on March 7, 2002. The University is prepared to offer this position to a candidate at the level of Associate Professor.
7. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $5,000 for the following positions, which are currently undergoing the search and recruiting process for the academic year 2002-2003:
Becky Henke reported they are requesting additional moving expenses of $2,500, for a total of up to $7,500, for the Assistant Professor position. Becky said the applicant is pregnant and unable to do a lot of the moving. Ben Ysursa questioned if the additional reimbursement would be within the policy regulations, and not a request for an exception to the policy. Becky will check with Keith Hasselquist and let Phyllis know. Ben Ysursa made a motion to recommend approval on the Consent Agenda with the stipulation from the Board of Education that reimbursement will be within the Moving Policy. Brian Whitlock seconded the motion. The motion passed unanimously. Reimbursement will be within the State Moving Policy regulations.
College of Arts & Sciences
BOISE STATE UNIVERSITY - Carol Joyce
Biological Sciences 1.0 FTE Assistant Professor
College of Health Professions
Communication & Theatre 1.0 FTE Assistant Professor
Geosciences 1.0 FTE Assistant Professor
History 1.0 FTE Assistant Professor
Speech Pathology & Audiology 1.0 FTE Clinical Assistant Professor
Becky Henke stated the request is for reimbursement up to $5,000 for five positions. Brian Whitlock made a motion to recommend approval by the Sub-Committee. Ben Ysursa seconded the motion. The motion passed unanimously.
8. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $5,000 for the following positions:
9. SOUTHEASTERN DISTRICT HEALTH DEPARTMENT – Marion Demer, Bureau of Accounting Operations, Division of Accounting, SCO
Position Department Amount
Asst Men’s Tennis Coach Athletics 2,000
Asst AD/Academic Advisor Athletics 5,000
Asst Prof/Basic Writing English 5,000
Assoc Prof/English Education English 5,000
Interim Instructor Nursing 5,000
Dir Ctr for Health Pol/Professor MHS College of Health Sciences 5,000
Visiting Asst Professor Music Dept 5,000
Carol Joyce reported the request is for moving expense reimbursement for seven open positions. The first position is for up to $2,000 and the other six positions are up to $5,000. Brian Whitlock made a motion to recommend approval by the Sub-Committee. David High seconded the motion. The motion passed unanimously.
Request for authorization to recognize a FY 2002 miscellaneous expenditure of $104.86 to properly account for funds stolen from the Rotary account in 1999. This would require changing the amount listed on the reconcilement form, under “cash on hand” from $540.00 to $565.14 reflecting the petty cash overage of $25.14. The Rotary account would once again balance to the original amount of $4,000.
Marion Demer spoke on behalf of the Southeastern District Health Department. She stated that $130.00 was stolen in 1999 from a cash box in a locked file cabinet. The Health District is requesting authorization to recognize the $130.00 miscellaneous expenditure to bring the Rotary Account into balance. David High made a motion to recommend approval on the Consent Agenda. Ben Ysursa questioned if the police were notified of the theft. Marion will check with the Health District and let Phyllis know. Ben seconded the motion with the stipulation the police were notified of the theft. The motion passed unanimously. The Health District later notified the SCO that the theft was reported to the police.
10. IDAHO STATE POLICE – Tim O’Leary, Human Resource Officer
Request for authorization to pay accrued compensatory time for the following employees:
11. DEPARTMENT OF LABOR – Joni Booth, Financial Executive Officer
Don Wykhoff, Forensics Lab Manager/Pocatello 110.0 hours
Michael Anthony, Forensic Scientist/Pocatello 27.0 hours
Ben Clements, IT System Programmer 89.6 hours
Larry McGhee, POST Coordinator/Meridian 25.0 hours
John Turnbull, POST Coordinator/Meridian 58.0 hours
John Parmann, POST Regional Training Coordinator 70.0 hours
Tim O’Leary introduced Becky Harris from Idaho State Police, and said she may be attending some Sub-Committee meetings. Tim reported the request is to pay comp time for six employees. Ben Ysursa made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.
Request for approval to use Penalty and Interest monies under Idaho Code 72-1348(b) for the following:
1) $18,000 for 2001/2002 membership dues to the National Association of State Workforce Agencies (NASWA).
2) Final Fiscal Year 2002 state matching and supplemental funds for the Idaho Rural Partnership in the amount of $25,000. This will be the last use of Penalty and Interest funds for this purpose.
3) Up to $20,000 per year to assist the Division of Professional Technical Education’s Career Information System (CIS).
4) Department of Labor facility costs:
a. Up to $400,000 for completion of the remodel of the Department’s Lewiston Job Service office. The Board previously authorized $700,000 for this project, which was started in 1998.
b. Up to $150,000 for maintenance and upgrading of the HVAC system at the Department’s Canyon County Job Service office.
c. Up to $65,000 for re-roofing the Department’s Boise Job Service office.
Joni Booth reported they are requesting authorization to use the Penalty and Interest Fund for four items and said this is normal use of the funds. Brian Whitlock made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. The motion passed unanimously.
VETERANS SERVICES - Susan Lowman-Thomas, Senior Human Resource Specialist
12. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $5,000 for the position of administrator, Idaho State Veterans Home in Lewiston.
Susan Lowman-Thomas introduced Richard Jones, administrator of Veterans Services, and Bernard Bufford. She said item #12 is a request to reimburse moving expenses up to $5,000 for the new administrator in Lewiston. Ben Ysursa made a motion to recommend approval by the Sub-Committee. David High seconded the motion. The motion passed unanimously.
13. Request for authorization to lift the vacation accrual cap for six (6) months for Patrick Teague, Veterans Services Program Supervisor. This employee is required to attend many activities sponsored by veterans’ groups including holiday celebrations honoring veterans, quarterly meetings and annual conventions. The department will continue to work with the employee to ensure that earned leave is taken.
Susan Lowman-Thomas reported they are requesting authorization to lift the vacation cap for six months for Patrick Teague. He is required to attend meetings after hours, weekends and holidays, and the department does not want him to lose vacation leave. Ben Ysursa made a motion to recommend approval on the Consent Agenda to lift the vacation cap until June 30, 2002. David High seconded the motion. The motion passed unanimously.
13B. Request for authorization to pay 832.70 hours accrued compensatory time for Philip Hawkins, Volunteer Services/Activities Coordinator. Mr. Hawkins has not accrued comp time since the arrival of the new administrator in Boise in October 2001. He is encouraged to take leave but he is required to attend many events sponsored by veterans’ groups. He is currently at the maximum vacation accrual limit and is losing vacation.
Susan Lowman-Thomas reported Mr. Hawkins’ comp time was accrued at the Boise Veterans Home during the time significant problems were occurring. She said procedures are now in place so employees do not accrue large amounts of compensatory time. Legislative Services mentioned the comp time balances in their last audit and recommended it be taken care of. Susan said they have the funds to pay the comp time. Steve Kenyon reported Mr. Hawkins has not taken very much leave over the last three years. David High made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. The motion passed unanimously. The Sub-Committee members asked Steve Kenyon to prepare a report showing employees with over 240 hours comp time. Steve will submit it at the July Sub-Committee meeting.
14. CORRECTIONAL INDUSTRIES – Lynn McAuley, Administrator; and David Fulkerson
Request for authorization to pay compensatory time, accrued to take care of several situations due to security, safety, and computer software issues due to the Year 2000 issue, for the following management staff. Correctional Industries is a non-funded state agency and this will have no impact on the general fund. Earned Administrative Leave payoff does not require Board of Examiners approval.
15. DEPARTMENT OF JUVENILE CORRECTIONS – Judi Gregory, Human Resource Officer
Steve Holderman CI Agricultural Products Manager 157.0 hours
Terry Knapp CI Production Manager 112.3 hours
David Fulkerson CI Accounting Manager 194.0 hours
Lynn McAuley reported they are requesting authorization to pay accrued comp time for three employees. Brian Whitlock made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.
Request for authorization of payment of $100,000 to the surviving spouse of William D. Mann who died in the line of duty on March 12, 2002 in a BOA plane crash. Mr. Mann was a Safety & Security Officer working for the Juvenile Corrections Center in Nampa and was responsible for juveniles in state custody, including during transport from one facility to another.
Judi Gregory reported two months ago she attended the April 17 Sub-Committee meeting and requested authorization for payment to the survivors of William Mann. The request was held for further study. David High reported he has researched this request and concluded that William Mann was a correctional officer who was killed in the performance of his study and is eligible for the benefit of the statute. He also concluded that Jay Morris, the Department of Transportation pilot, while killed in the performance of duty and in support of law enforcement efforts, was not himself a peace officer, detention officer, or correctional officer within the meaning of the statute, and is therefore, ineligible for the benefit of the statute. David said the Idaho State Police also came to the same conclusion. Keith Johnson said when he attended the legislative committee meeting the legislative intent was the same as David’s conclusion. David High made a motion to recommend approval on the Regular Agenda. Ben Ysursa seconded the motion. The motion passed unanimously.
16. DEPARTMENT OF TRANSPORTATION – David Tolman, Controller
Request for authorization of death benefits to the family of pilot Jay Morris who was killed March 12, 2002 in a plane accident while transporting a Juvenile Corrections officer and a juvenile prisoner. While the pilot of the plane is not classified as a police officer, or corrections officer, he was performing the duty of transporting a juvenile prisoner.
David Tolman was invited to the Sub-Committee meeting by e-mail, but did not attend. Because of the conclusion by David High on item #15, Brian Whitlock recommended the request from the Department of Transportation to pay death benefits to the family of pilot Jay Morris be tabled.
BUREAU OF HAZARDOUS MATERIALS – Gary Ward
Request for authorization to issue deficiency warrants for reimbursement of response costs incurred, pursuant to Idaho Code 39-7110.
BUREAU OF HAZARDOUS MATERIALS REPORT FOR MAY 2002
Gary Ward reported all items are regular requests for deficiency warrants. He said they have contacted the spiller on Item #18 but there is a lawsuit involved. They will pay the regional response team and sort it out. He said they have been collecting quite a bit from the spillers. Brian Whitlock made a motion to recommend approval on the Consent Agenda. Ben Ysursa seconded the motion. The motion passed unanimously.
21. RATIFICATION OF APPROVAL – STATE TAX COMMISSION
Ratification of the June 3, 2002 Board of Examiners approval of the transfer of $12 million from the General Fund into the state refund account so that tax refunds can be paid timely. Pursuant to Idaho Code 63-3067(4) any unencumbered balance remaining in the state refund account on June 30, 2002, in excess of $1.5 million, will be transferred back to the General fund, unless directed otherwise.
Brian Whitlock reported he was contacted by the State Tax Commission to transfer $12 million from the General Fund into the state refund account so tax refunds could be paid. David High made a motion to recommend approval on the Consent Agenda. Brian Whitlock seconded the motion. The motion passed unanimously.
OFFICE OF ATTORNEY GENERAL
22. Notification that Randall A. Peterman of the firm of Elam & Burke has been appointed as a special deputy attorney general for the purpose of representing the State of Idaho in the Jefferson Grain & Seed, Inc. Bankruptcy Matter, Department of Agriculture, pursuant to Idaho Code §67-1409.
23. DEPARTMENT OF HEALTH AND WELFARE – RECOGNITION OF ASSIGNMENT
Request for recognition of assignment as executed by Assignor Heartland Burley, Commercial Partners, Salt Lake City, Utah, and Assignee The Fifth Amendment, Inc., an Idaho corporation, Burley, Idaho, for a lease agreement for space, Lease No. 0455, as extended by Lease Amendment December 1993 and further extended under Lease Amendment/Extension Agreement dated October 14, 1998 for the Department of Health and Welfare’s Burley Field Office Lease, pursuant to Idaho Code 67-1027.
Ben Ysursa made a motion to recommend approval on the Consent Agenda for Items #22 and #23. Brian Whitlock seconded the motion. The motion passed unanimously.
Status report from Steve Kenyon
24. DEPARTMENT OF CORRECTION / CORRECTIONAL MEDICAL SERVICES /
ST. LUKE’S HOSPITAL – Steve Kenyon
Request for payment of outstanding claims in the amount of $15,322.09 to the St. Lukes Regional Medical Center (SLMRC) per Idaho Code 67-1023, as well as the amount of contractual adjustments which appear to have been taken when Correctional Medical Services did not have a contract with St. Lukes.
Steve Kenyon reported that at the April 17, 2002 Sub-Committee meeting the SCO was requested to bring the respective parties together to sort through the material and come to a conclusion. He said for the past two months he has been trying to get the CMS and St. Luke’s attorneys together to discuss the issue. CMS has not been willing to authorize their attorney to attend scheduled meetings or submit information to the SCO. They did say they would be willing to meet June 11, but that would be after the Board of Examiners meeting. Steve said he thought St. Luke’s objective was to exhaust all administrative remedies. Brian Whitlock said he felt two months was long enough and made a motion to deny the claim from St. Lukes so they can exhaust administrative appeal and are free to pursue it further. David High seconded the motion. The motion passed unanimously.
25. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of May 2002.
26. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft or the month of May 2002.
Estimated expenditure for workers $ 10,000,000.00
compensation claim costs, dividends
and premium refunds
Funds Expended in April 2002:
Workers Compensation Claim Costs $ 8,319,900.82
Policy Refunds 154,833.43
Estimated expenditures for $ 750,000.00
Petroleum Storage Tank Fund
Fund expended in April 2002:
ADDED LATER TO THE BOARD OF EXAMINERS AGENDA FOR JUNE 11, 2002
Payroll $ 53,223.72
Claim Costs 128,649.52
Total $ 198,271.02
SECRETARY OF STATE
Request for authorization of the 2002 Idaho Code Annual Distribution List, pursuant to Idaho code 73-212.
STATE TAX COMMISSION – DuWayne D. Hammond, Jr., Chairman
Request for authorization to transfer $7.5 million from the General Fund into the state refund account such that interest expense will be minimized on any tax returned processed after June 15, 2002, pursuant to Idaho Code 63-3067 (2). The Board approved the transfer of $12 million from the General Fund into the state refund account on June 3, 2002.