STATE BOARD OF EXAMINERS
MINUTES – SUBCOMMITTEE MEETING
700 W. State Street, Boise, Idaho
5th Floor, Conference Room A
July 6, 2006
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: Brad Foltman, Governor’s Office; Chuck Goodenough, Office of the Secretary of State; Dave High, Office of the Attorney General; and Patrick Hodges, Office of the State Controller, as assisting secretary to the subcommittee.
Also present by invitation were: Ken Miracle, Department of Agriculture; Michael Cooper, Department of Agriculture; Joni Booth, Department of Commerce and Labor; Jay Engstrom, Department of Commerce and Labor; Lisa Robbins, Department of Commerce and Labor; Karl Tueller, Department of Commerce and Labor; Craig Bledsoe, Office of the Attorney General; Richard Humiston, Department of Health and Welfare; Dan Steckel, Division of Human Resources; Olivia Craven, Commission of Pardons and Parole; Tom Beauclair, Department of Correction; Paul Panther, Department of Correction; Bryn Field, Office of the State Controller; Brandon Woolf, Office of the State Controller; Garry Lough, Office of the State Controller; Deb Finkbeiner, Office of the State Controller.
Discussion: Mr. Foltman said he had a question about item 8 on the informational agenda dealing with moving policies and procedures. He is not convinced the statute is any different than the current policy and doesn’t believe the statute is absolutely necessary.
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on June 8, 2006.
Mr. Dan Steckel of the Division of Human Resources mentioned that it’s in the statute that DHR has a rule, and agreed with Mr. Foltman that it probably shouldn’t be in the rule at all. Mr. Steckel said DHR probably shouldn’t have a rule, but right now they must have one.
Mr. High noted he saw the draft in terms of dollar limits and otherwise they will rely on the Board of Examiners’ policy to decide what items are allowed. He believes it’s a reasonable plan and DHR might want to do it just because the legislature has asked them to.
Mr. Foltman said DFM is welcome to provide comment independent of what the Board feels.
Resolution: Mr. Foltman moved to approve item 1. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.
2. Department of Administration
Request for recognition of assignment pursuant to Idaho Code §67-1027 from Charles Goodman to Keith and Glenda Bernhardt.
Resolution: Mr. Goodenough moved to place item 2 on the consent agenda. Mr. High seconded the motion. The motion carried on a unanimous voice vote.
3. Department of Health and Welfare
a. Request for approval to continue to pay compensatory and on-call time worked by medical staff at state institutions for Fiscal Year 2007. This request would be for the following specific job classes:
b. Request for approval to continue the practice of “FLSA coverage” for approximately 90 staff in three institutions, including the following job classes:
Physician, Psych Specialty
Physician, Clinical Director – Institution
Physician, Medical Director
Clinical Specialist (Nurse Practitioner)
c. Request for $136,539,200.00 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the first quarter of Fiscal Year 2007.
Nurse, Registered Senior
Nurse, Registered Manager
Nursing Services Director
Nursing Services Director- SHN/ISVH
Discussion: Mr. Foltman asked Mr. Richard Humiston of the Department of Health and Welfare if those overtime hours that are worked and not paid have plans for additional payment in the future.
Mr. Humiston answered that those have been taken off.
Mr. Goodenough inquired if part b. was new for the Board of Examiners.
Mr. Humiston remarked that there was a study in 1998 but they haven’t found any documentation on its approval. It has been a long-standing practice and the veterans’ homes are doing it too, but the Department of Health and Welfare would like some sort of formal approval. It is difficult to find and keep registered nurses employed and to be able to pay them as covered employees.
Mr. Steckel noted the Department of Health and Welfare needs to explore a way to bring the nurses to time and one half, such as the implementation of retention bonuses, shift differential, etc.
Mr. Foltman stated there are other nurse classifications. The Board of Examiners and the Department of Health and Welfare need to be unified, and it would be helpful if DHR gave a report at a later date.
Mr. Humiston commented one of the problems the Department of Health and Welfare has is compensating employees working overtime with ones not working overtime. It’s not a regular occurrence and it rewards those who are actually working overtime based on the number of hours they are working.
Mr. High announced Mr. Steckel can determine if the Board of Examiners has authority to grant an exception to the statute.
Resolution: Mr. Goodenough moved to send sub-requests a. and c. of item 3 to the consent agenda, and deferred sub-request b. until further review by the Division of Human Resources. Mr. High seconded the motion. The motion carried on a unanimous voice vote.
4. Department of Agriculture
Request the vacation leave accumulation caps be suspended on Richard Stacey, ISDA Bureau Chief of Shipping Point Inspection, and Michael Cooper, ISDA Bureau Chief of Feeds and Plant Services, through January 31, 2007, pursuant to Idaho Code §67-5334(b).
Discussion: Mr. Foltman said he understands the need for this request, but he is concerned there is no plan to get Mr. Stacey and Mr. Cooper’s comp time hours down to a manageable level after January.
Mr. Ken Miracle of the Department of Agriculture said the comp time balance has to be used up or it’s lost by the end of the year. There will be nematode testing after the harvest season when it is possible to enter the potato fields. He noted the feds and Mr. Lee have been working together, but it will take awhile to get to a sense of normalcy. As of now, the men’s vacation accrual rate actually goes up. The plan is from now until harvest they will take as much time off as they can. Mr. Pat Takasugi, of the Department of Agriculture requested a lift of the cap through January 31, 2007.
Mr. Michael Cooper, one of the ISDA employees affected explained one important issue is the staffing of the emergency office. There are a lot of temporary duty personnel in the USDA stationed in Idaho. Mr. Cooper said he and others had to be available to provide consistency. The USDA is recruiting people for 30 day rotations, and there will be less need for Mr. Cooper and a few others to be involved during this time. It will be September before it is fully in effect.
Mr. Foltman asked that if this item were to be approved with the January date, do they really think it wouldn’t require another evaluation next spring if the nematode becomes more widespread than they thought.
Mr. Cooper confirmed they are mainly using federal personnel, since it is a federal program. He personally has plans in place and thinks it will be okay.
Mr. Foltman asked if the nematode was still in restricted areas.
Mr. Cooper answered there are only one or two townships outside of Idaho Falls that are involved. The instances are staying small so far, and just one more area has filed.
Resolution: Mr. Foltman moved to send item 4 to the consent agenda. Mr. High seconded the motion. The motion carried on a unanimous voice vote.
5. Department of Correction
Request for declaration of emergency to move additional Idaho inmates to an out-of-state facility and to relocate inmates currently in an out-of-state facility which has issues of overcrowding, pursuant to Section 5 of the Department of Correction’s Fiscal Year 2007 appropriation bill, Senate Bill No. 1457.
Discussion: Mr. Foltman believes moving and transporting inmates is very involved.
Mr. Goodenough said in the past, this determination of emergency has been done by the Division of Purchasing. He explained that there is notwithstanding language in the appropriations bill, and asked if Mr. Beauclair intends to get a declaration from purchasing.
Mr. Tom Beauclair, Director of the Department of Correction answered he does not; however, he did notify Ms. Pam Ahrens of the Department of Administration and sent her a letter of request and a copy of this issue. He doesn’t believe it is necessary though.
Mr. Foltman asked if there was some sort of complication because it’s been almost a year that the Department of Correction has been working on a bid with the Division of Purchasing.
Mr. Beauclair said they started working on an RFP awhile ago for out of state. It didn’t appear they needed to travel out of state within a six month time period. After they sent the last group of inmates out, the population exploded. Their 100 bed facility at ISCI keeps getting delayed in building and will be finished by July 28th. Mr. Beauclair went on to say that last year they exceeded their commitment and even the county jails are experiencing capacity problems with their beds. He is not opposed to going to the Division of Purchasing with this issue since it would be easier.
Mr. Goodenough stated that the Declaration of Emergency from the Board of Examiners does not address the issue.
Mr. Foltman asked if the Department of Correction was on schedule with moving inmates on probation and parole.
Ms. Olivia Craven of the Commission of Pardons and Parole declared they are current.
Mr. High said it looks like the Board of Examiners has authority to grant the exemption. The building process is always difficult, and this issue will be viewed as an exception, not as a rule.
Mr. Beauclair agreed and mentioned they have an RFP that will be completed in two weeks. It will be done by September or early October, however the Department of Correction still needs the relief right now.
Mr. High advised to coordinate with the Department of Administration so they won’t have any concerns.
Mr. Beauclair replied that he will try to have an approval from the Division of Purchasing.
Mr. Goodenough said if support is granted, he would expect the Secretary to the Board of Examiners to notify the legislature leadership and JFAC.
Resolution: Mr. Goodenough moved to recommend approval of item 5 and place it on the regular agenda. Mr. High seconded the motion. The motion carried on a unanimous voice vote.
6. Commerce and Labor
Request for approval to use Penalty and Interest monies under Idaho Code §72-1348 for up to $100,000 to support the development and implementation of a new statewide program to assist Idaho’s science and technology companies with technology development and commercialization.
Discussion: Mr. High said the state can give grants in certain circumstances where it looks like it is possible. The three circumstances he mentioned are:
1. The money would benefit a larger class of persons, such as aid to families with dependent children where the money itself is providing a societal benefit to a large class.
2. The state has a program where a required application process is required to a class of persons. The grant money would go to people who met certain criteria and were considered to be in the public interest.
3. A scenario without strings. The money would be given to an entity or to other governmental entities. But when dealing with a single entity, they cannot give money just because they like what they do. The entity has to give something in return. Mr. High spoke with Mr. Craig Bledsoe of the Office of the Attorney General about this, and their intention is to do this as a contract with services.
Mr. High doesn’t have any concerns if it happens this way. He asked Mr. Karl Tueller if that states where they stand.
Mr. Tueller of the Department of Commerce and Labor confirmed it was fine.
Mr. Foltman asked Ms. Joni Booth from what type of employer do the source of the penalties and interest come from.
Ms. Booth of the Department of Commerce and Labor answered it is from employers who pay insurance.
Mr. Foltman said he is still concerned that the use of this penalties and interest fund is being used in capacities that seem to be used more freely, not as a grant program, but as a fund that addresses more than what you would expect to see a relationship between revenue and expenditures. The purpose does fit with the intent of saying it serves the state purpose, but at a closer level of detail, does it serve the purpose for which these fines and penalties and interests are accruing in this particular fund.
Ms. Booth commented they have not heard any concerns from employers.
Resolution: Mr. Foltman moved to place item 6 on the consent agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.
10. Secretary of State
Request for authorization under Idaho Code §67-910(3), that the Secretary of State charge the same filing fees under the newly enacted Uniform Limited Partnership Act as were charged under the Limited Partnership Act.
Discussion: Mr. Goodenough said the Legislature passed the Uniform Limited Partnership Act which has no provision for fees. It went through a very contentious drafting process and hopefully it will be taken care of in the first few months. Mr. Goodenough explained they have a low set of fees under the Limited Partnership Act that used to be in place. The fees next year will not be raised, but rationalized. The Board of Examiners has authority under the Secretary of State’s general statute titled 67 chapter 9 to request that the Board of Examiners prescribe the fees which may be changed.
Mr. Foltman inquired if there were changes in fee structure.
Mr. Goodenough said there were no changes.
Resolution: Mr. High moved to place item 10 on the consent agenda. Mr. Foltman seconded the motion. The motion carried on a unanimous voice vote.
7. Attorney General
a. Notification that Philip H. Robinson, Prosecutor with the Bonner County Prosecutor’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 case of Andrew P. Slocum Real Property Forfeiture.
b. Notification that Muriel M. Burke with the firm of Owens & Crandall, PLLC, has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the Idaho Department of Welfare, Child Support Services in child support enforcement actions on an ongoing basis.
8. Public Health Districts
Notification of distribution of State Funds for FY 2007 approved by the Conference of District Directors.
District SB 1435 HB 844 Total
Total 9,587,800 221,900 9,809,700
Appropriation General Appropriation Salary
9. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of June, 2006.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in May, 2006
Workers Compensation Claim Costs
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of June, 2006.
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in May, 2006:
There being no further business before the board and on motion duly made and seconded, THE MEETING OF THE STATE BOARD OF EXAMINERS WAS ADJOURNED at 9:40 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 firstname.lastname@example.org or call the Idaho State Controller’s Office at 334-3100.