STATE BOARD OF EXAMINERS
MINUTES – Sub-committee Meeting
July 12, 2011 – 1:30 p.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 1:31 p.m. pursuant to Idaho Code §67-2002 and by order of the chair.
The following members were present: Wayne Hammon, Division of Financial Management; Tim Hurst, Deputy Secretary of State; Steven Olsen, Deputy Attorney General, and Brandon Woolf, Office of the State Controller, as assisting secretary to the subcommittee.
Also present by invitation were: Jarod Dick, Bureau of Homeland Security; Mary Marsh, Bureau of Homeland Security; Mick Nance, Idaho State Police; Maj. Kedrick Wills, Idaho State Police; Rachelle Vance, Department of Health and Welfare; Clay Smith, Office of the Attorney General; David Fulkerson, Division of Financial Management; Brian Kane, Office of the Attorney General; and Deborah Wonch, Office of the State Controller.
Approval of official minutes for the meeting of the Sub-committee to the Board of Examiners on June 14, 2011.
Resolution: Mr. Hurst moved to approve item 1. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.
2. Bureau of Homeland Security
Date to Board
HazMat – Suspected Drug Lab
|Response to suspected drug lab. Demand letter sent to identified suspect, and restitution process has been initiated with Kootenai County Prosecutor. (KOOTENAI)||07/12/2011|
Haz Mat – Unknown Substance
|Response to a letter threatening the inclusion of a hazardous substance at government facility. Demand letter sent to identified responsible party, and restitution process initiated with Bannock County Prosecutor. (BANNOCK)||07/12/2011|
HazMat – Fuel Spill
$4,489.29 |Response to a fuel spill on Interstate. 30-Day demand letter sent to responsible party (commercial vehicle). (ELMORE) (PAYMENT RECEIVED 07/05/2011)|
Resolution: Mr. Hurst moved to approve item 2 and place it on the consent agenda. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.
3. Department of Health and Welfare
Request that $168,171,750 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the first quarter of Fiscal Year 2012. In addition, it is also requested that $63,275 be transferred from the Drug Court, Mental Health & Family Court Services Fund #0340 to the Cooperative Welfare Fund #0220 during the first quarter of Fiscal Year 2012.
Discussion: Mr. Hammon commented that DFM staff reviewed this item and it seemed to be in order.
Resolution: Mr. Olsen moved to approve item 3 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
4. Secretary of State
Request pursuant to Idaho Code 73-212 that the Board approve the annual distribution list for the Idaho Code and its supplements.
Discussion: Mr. Hurst explained now that the code is available on-line, there are not as many requests for the hard copies. The total number is 987 sets of the Idaho Code that are distributed.
Resolution: Mr. Olsen moved to approve item 4 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
Discussion: Mr. Olsen inquired of the cost of distribution. Mr. Hammon noted that they bill the agencies.
5. Military Division
Ratification of military contracts:
a. NGBID-11-C-0006 for project of reroofing Reroof Building 813.
b. NGBID-11-C-0008 for project 1502 Longbow Power Upgrade.
c. NGBID-11-C-0009 for project MATES POV Asphalt Repair.
Resolution: Mr. Hurst moved to approve item 5 and place it on the consent agenda. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.
6. Idaho State Police
Request approval according to Idaho Code 67-5302(20) for the list of grants, projects, and agreements for overtime shifts worked by Idaho State Police employees.
Discussion: Mr. Nance explained that this is a repeat from the previous fiscal year. The only change is that the Special Olympics item has been taken off the list.
Mr. Hurst inquired of the status of the over-limit loads project.
Mr. Nance answered that they are escorting the loads for the safety of the citizens.
Mr. Hurst asked if the New Plymouth loads have started.
Mr. Nance said yes, ISP is standing by to escort those loads.
Mr. Hammon asked if it is anticipated that the FBI item that was reported zero last year could need reimbursement in Fiscal Year 2012.
Mr. Nance answered yes. He also mentioned Garvee East is finished and they are onto Garvee West now. There have been over 5,000 citations so far. The working relationship with ITD has been great and is saving lives.
Resolution: Mr. Hurst moved to approve item 6 and place it on the consent agenda. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.
7. Attorney General
Request for approval according to Idaho code 44-2601-2605 the payment for attorney’s fees in the amount of $54,349.80 in the case of Daien v. Ysursa.
Discussion: Mr. Kane explained that they lost the Daien case where the Attorney General’s Office was defending the State of Idaho’s requirement that presidential signature gatherers be residents of the state of Idaho. The court disagreed and awarded attorney’s fees against the office in the amount of $54,349. They opposed the original attorney fee request of $94,000 and it was lowered. The state owes this money and has no mechanism to pay for it. Mr. Kane requested that this be approved as a valid claim against the state. The claim will probably go to the Constitutional Defense Fund, which is the only mechanism a check can be cut this year without having to wait for the legislature to come back in session. The second issue is that the Attorney General’s Office has drafted a sample statute that is open for discussion for how to address this situation in the future. It would be good to see an amount like $200,000 be put into a fund with a continuous appropriation for the Board of Examiners to pay attorney’s fees, particularly against the constitutional officers.
Mr. Hammon said he discussed this with the Governor and is in agreement that there ought to be another way. Right now the Constitutional Defense Fund appears to be the only avenue to pay for this claim.
Mr. Kane said interest is already due on this.
Mr. Hurst asked if the Attorney General’s Office has a special litigation fund this could fall under.
Mr. Kane responded that the special litigation fund was specifically created to help defray the costs of litigation in which the state is plaintiff, not being defensively postured.
Mr. Olsen said the dilemma present is that there is not one fund designed to handle this kind of expense. The litigation fund is designed more to handle out of pocket expenses that are incurred by the office when prosecuting cases on behalf of the state, as opposed to paying for costs that incurred while defending a case.
Mr. Kane said there are at least two other cases that are likely to come before the Board. They are working to not have them come to this level and would like to find a solution.
Mr. Hammon asked whether the total dollar amount could potentially be more than what was specified in the letter.
Mr. Kane answered that the longer the bill is delayed in getting paid, more interest could accrue.
Mr. Hammon said the Board of Examiners has to recognize it is a valid claim against the state. Then the item can go on to the Constitutional Defense Fund.
Resolution: Mr. Hammon moved to approve item 7 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
8. Office of the Attorney General
a. Notification pursuant to Idaho Code 59-512 that Criminal Investigator Michael Steen, an employee of the Office of the Attorney General, has accepted additional outside employment at the Idaho POST Academy. Mr. Steen will teach courses relevant to law enforcement on an as-needed basis.
b. Notification that Paul J. Augustine of the firm of Augustine Law Office, PLLC, has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the State of Idaho, Industrial Special Indemnity Fund, in the case of James O’Brien.
9. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of May, 2011.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in May, 2011:
Workers Compensation Claim Costs
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in May, 2011:
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.