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 7, 2007– 9:00 a.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 9:00 a.m. pursuant to Idaho Code §67-2002 and by order of the chair.

The following members were present: David Fulkerson, Governor’s Office; Chuck Goodenough,
Office of the Secretary of State; Steve Olsen, Office of the Attorney General; and Patrick Hodges,
Office of the State Controller, as assisting secretary to the subcommittee.

Also present by invitation were: Trent Clark, Idaho Rural Partnership; Senator John McGee;
Kathaleen Gallaher, Legislative Services Office; Mary Halverson, Bureau of Homeland Security;
Lorrie Pond, Bureau of Homeland Security, Dale Dixon, Idaho Rural Partnership; Carl Lohrengel,
Division of Building Safety; Kelly Pearce, Division of Building Safety; Dick Humiston,
Department of Health and Welfare; Joni Booth, Department of Labor; John McAllister,
Department of Commerce and Labor; Larry Johnson, Endowment Fund Investment Board;
Julie Weaver, Endowment Fund Investment Board; Brandon Woolf, Office of the State Controller;
and Jennifer Bonilla, Office of the State Controller.


CONSENT AGENDA

1. Minutes
    Approval of official minutes for the meeting of the Subcommittee to the
    Board of Examiners on May 3, 2007.

    Resolution: Mr. Goodenough moved to approve item 1. Mr. Olsen seconded the motion.
    The motion carried on a unanimous voice vote.

REGULAR AGENDA

2. Bureau of Homeland Security, Division of Military, Executive Office of
Governor

ID #
Description
Amount
Comments
Date to Board
    2007-00009
BioHazard
$2,547.80
Incident at Albertson’s main office at 25- E. Parkcenter in Boise, involving an unknown white powder spilled from an envelope.
5/18/07
    2007-00010
HazMat
$1,514.53
Incident at 855 North Bridge in St. Anthony involving broken bottles found in a high school chemistry classroom. The responsible party is unknown at this time.
5/18/07
    2007-00020
BioHazard
$4,899.05
Incident at the Ada County Courthouse involving an unknown white powder on an envelope. The responsible party is unknown at this time.
5/18/07
    2007-00026
Drug Lab
$2034.51
Incident at 9922 Hackamore in Boise involving a suspected meth lab.
5/18/07
    2007-00034
HazMat
$2,047.81
Incident at 4000 Moody Creek Highway involving an overturned diesel tank pup trailer that had overturned resulting in a diesel spill.
5/18/07
TOTALS
$13,043.70

Discussion: Members discussed the requesting the Office of the Attorney General to mail letters
for payment on Hazmat issues where the offender is known. If there is no response,
then send the issue to a collection agency.

Resolution: Mr. Goodenough moved to approve item 2. Mr. Fulkerson seconded the motion.
The motion carried on a unanimous voice vote.


3. State of Idaho Military Division
In accordance with Idaho Statute 46-714 and 67-5711, request to obtain required
signatures for execution of contract NGBID-07-C-0007 for State of Idaho Military Division
project: FMS 5&6 – Vehicle Exhaust System Upgrade.

Resolution: Mr. Fulkerson moved to approve item 3. Mr. Goodenough seconded the motion.
The motion carried on a unanimous voice vote.


4. State of Idaho Military Division
In accordance with Idaho Statute 46-714 and 67-5711, request to obtain required
signatures for execution of contract NGBID-07-C-0007 for State of Idaho Military project:
Bldg 559 – Renovate C-12 Hangar.

Resolution: Mr. Olsen moved to approve item 4. Mr. Goodenough seconded the motion.
The motion carried on a unanimous voice vote.


5. Conference of Public Health Districts
Request to authorize distribution of FY 2008 state funds and millennium funds.

Resolution: Mr. Fulkerson moved to approve item 5. Mr. Goodenough seconded the motion.
The motion carried on a unanimous voice vote.


6. Idaho Commerce and Labor
Request to use $50,000 Penalty and Interest monies under Idaho Code 72-1348 for use by the
Idaho Rural Partnership (IRP) in Fiscal Year 2008.

Discussion: Mr. Mcallister said that Commerce and Labor has been providing funding annually
for the IRP and the previous funding sources they have used are no longer appropriated.

Mr. Dixon said that the IRP is set up by federal and state statutes. The organization was
created to facilitate partnership and collaboration between the federal agencies, tribes, state agencies,
local government, counties, cities, and the private sector. The IRP addresses any number of issues
proactively through partnership. The organization has been active since the early 1990s. Participation
and board members are geographically located throughout the state.

Mr. Olsen asked if this money would be used for operating expenses associated with gathering people together.
Mr. Dixon responded that the money would cover operating the office expenses and one administrative
assistant. The IRP does not run programs, but makes connections between the organizations.

Mr. Fulkerson said it seems like this is an on-going expense with a short-term fix. He asked if there
were any other plans for on-going or private funding.

Mr. Mcallister said there is an effort to get private funds. The request is just to help get the IRP through 2008.

Resolution: Mr. Goodenough moved to approve item 6. Mr. Fulkerson seconded the motion.
The motion carried on a unanimous voice vote.


7. Department of Health and Welfare
Request to continue paying compensory and on-call time worked by medical staff at state
institutions for the following specific job classes: Physician, Psych Specialty; Physician,
Clinical Director-Institution; Physician, Medical Director; Clinical Specialist (Nurse Practitioner).

Discussion: Mr. Humiston explained that the state institutions have psychiatric doctors and
medical doctors. Right now they are able to care for most of the minor medical issues. Medical needs
do not all happen between the hours of eight and five each day. The comp time accrued additionally
by having doctors on call. Health and Welfare does not have to make arrangements with outside doctors
or psychiatrists. The Department has been doing it for five years like this and come to the Board on an
annual basis. If the patients can be treated on campus, it is much more cost-effective and easier.
When someone is on call but does not come in, the policy allows for one hour of comp time for every
12 hour shift worked. Basically they are paid one hour of comp to cover the non-working hours of the day.
If the on-call employee does come in, they are paid for the actual time.

Mr. Olsen asked if it was out of the ordinary to have $100,000 in comp time.

Mr. Humiston replied that it is out of the ordinary. Normally it is about $20,000. People are being
treated now for many more kinds of issues and medical problems than in the past. This hike in
price is the new trend. These are medical emergencies that must be covered on an on-going basis.

Mr. Olsen asked if this is a request for paying comp time that has already been accrued.

Mr. Humiston said that no, it is a request to pay on-going comp time year-to-year.

Mr. Goodenough commented that the request seems very open-ended.

Mr. Olsen said this request might open the door to other folks. The Board of Examiners could have
the agency come back with another request for money should they need more than what they
are awarded today.

Resolution: Mr. Olsen moved to approve item 7 up to $25,000 to the requested job classes
identified, and the Department of Health and Welfare may return to the Subcommittee to request
more. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.

8. Division of Building Safety

Request for exemption to State Moving Policy and Procedures, SBEX Policy No. 442-30 IX paragraph D. II.

Discussion: Mr. Pearce informed members that the section of the moving policy the exemption is
requested for is actually Section 4 and not Section 9. He stated that Mr. Lohrengel was employed as a bureau
chief of the planning bureau for the Division in March of this year. His residence was and still is in Magna, Utah. He wanted to allow his children to finish the school year in Utah before moving. Under the policy provisions,
the Division would be allowed to pay him up to $5,740 for the relocation expenses involved in the move.
Mr. Lohrengel has made weekend trips home to visit his family, and he has brought various household
items back with him on his return trips, and has put them in storage. To this point we have expended $1,018.50, and anticipate there will be approximately $2,960 left of expenses. Those would be $500 for transportation
costs plus more for storage and other costs.

Mr. Olsen said it looks like the Division is seeking reimbursement for personal expenses that would
not normally be covered. Mr. Lohrengel has been saving the state $1,700 by doing some of the work himself,
and not hiring a moving company. It is appreciated when someone saves the state money.

Mr. Hodges said this is very unique. Normally the Board of Examiners allows two trips per move.

Members discussed options of offering incentives to employees who save the State money while moving.

Resolution: Mr. Goodenough moved to approve item 8. Mr. Fulkerson seconded the motion.
The motion carried on a unanimous voice vote.

9. Legislative Services Office
Request approval to pay three Legislative Services Information Technology staff for overtime
accrued during relocation of the Legislature and staff to the Capitol Annex.

Discussion: Mr. Goodenough stated that in between the legislative sessions, the capitol is not
the busiest place on earth and asked why the IT staff were not able to work down their comp time hours.

Ms. Gallager said that their staff does not have the opportunity to take summers off like they used to,
and LSO has a number of staff carrying large comp time balances. It has become almost predicable that
the IT people will have more comp time occasions worked because they are integrating new technology
into the building which was not designed for technology. LSO is under a deadline in that the construction
phase will be completed by September. The committee chairman planned to be in the building quite a bit,
and LSO has to have the whole network system operational by then. The work that the IT people did to
prepare for moving the system over that particular weekend was incredible. It was a huge and unusual
period of IT activity. They have limited opportunities to take that time off. LSO’s seasoned mover of the
team has for the past four years continually bumped up to the maximum vacation time and has comp time
too, and never has an opportunity to take a vacation. Being able to compensate them for those hours which
they completed that unusual move would be worth it to manage the additional hours of comp. The last time
LSO asked to pay off comp balances was 10 years ago.

Mr. Goodenough said this request has a lot of implications for other agencies that have been moving
from the capitol. Those agencies might ask for the same request.

Resolution: Mr. Goodenough moved to approve item 9. Mr. Fulkerson seconded the motion.
The motion carried on a unanimous voice vote.


10. Endowment Fund Investment Board
Requesting approval of payment of investment management fees from the General Fund for
fiscal year 2008 as per the federal Morrill Act related to the Agricultural College endowment.

Discussion: Mr. Johnson explained that the federal government granted land to endow the
Agricultural College at the University of Idaho funding of public institutions. For the Agricultural
College there was a restriction in legislation in 1863 which said that the expenses of managing the
land and any funds generated from the land will be paid for by the State. The State agreed to pay
those expenses and continued to do that for years, until people forgot that it was a requirement. It
was not a requirement for other endowments, but it was for this one specific endowment. Modern
investment portfolio practice is to charge the portfolio for the feeds for its management. Now there is
a potential claim against the general fund that would be owed to the Agricultural College fund. The
Investment Board’s question was should they allow this potential claim to continue to grow, or hold
it at its current level.

Mr. Olsen asked the amount of the request.

Mr. Johnson said that next year they expect to incur about $280,000.

Mr. Fulkerson said it seems to be more of a supplemental legislative issue.

Members discussed the Endowment Fund Investment Board’s request and came to the decision
that there is not authority to grant their request because there are not funds appropriated for the issue.

Resolution: Mr. Olsen moved to respectfully deny item 10. Mr. Goodenough seconded the motion.
The motion carried on unanimous vote.


INFORMATIONAL AGENDA

11. Attorney General

    a. Notification that Peter C. Erbland, of the firm Paine Hamblen, LLP, 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 case of Ihmaid, et al v. State of Idaho et. al.

    b. Notification that Matthew C. Williams, Prosecuting Attorney with the Valley County Prosecuting
    Attorney’s Office, 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 case of Brad George Frankland
    and/or K.P.F. Construction, Inc. Real Property Forfeiture.

    c. 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 case of Levi Roberts, IC#00-035995 and 03-014845; SIF#2007-1824.

    d. Notification that Richard A. Hearn of the firm of Racine, Olson, Nye, Budge & Bailey, Chtd., had
    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 case of Crystal v. State of Idaho, et al.

    e. Notification that Stephanie Atig, an employee of the Idaho Attorney General’s Office, pursuant to Idaho
    Code §59-512, has been approved to accept additional outside employment at Boise State
    University (University) in an educational program conducted under the supervision of the State Board of Education.

12. State Insurance Fund
    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for
    the month of May, 2007.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $18,000,000.00
      Funds Expended in April, 2007
      Workers Compensation Claim Costs
    11,320,583.38
      Dividend
    00
      Commissions
    0
      Policy Refunds
    425,932.02
      Total
    $11,746,515.40
    b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight
    draft for the month of May, 2007.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in April, 2007:
      Payroll
    67,308.24
      Operations
    19,673.45
      Claim Costs
    209,585.13
      Total
    296,566.82


      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.

      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.

    Page last updated on 07/13/2007 12:38:23 PM