STATE BOARD OF EXAMINERS
MINUTES – SUBCOMMITTEE MEETING
700 W. State Street, Boise, Idaho
5th Floor, Conference Room A
August 3, 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 9:01 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; Brian Benjamin, Office of the Attorney General; and Deborah Finkbeiner, Office of the State Controller, as assisting secretary to the subcommittee.
Also present by invitation were: Lorrie Pond, Bureau of Hazardous Materials; and LeRae Nelson, Military Division.
Discussion: Mr. Foltman said he had a few notes to make about the minutes from the last Subcommittee meeting. He clarified that within the first item of the minutes, it says that he doesn’t believe the statute is absolutely necessary. Mr. Foltman would like it to be changed to read that he doesn’t believe the rule to be necessary; the statute is fine for now. Mr. Foltman also pointed out a grammatical error on the last month’s minutes.
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on July 6, 2006.
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
a. Request for recognition of assignment pursuant to Idaho Code §67-1027 from Leadville Partners to Eagle Holdings, LLC.
b. Request for recognition of assignment pursuant to Idaho Code §67-1027 from G. Paul Menyharth to Timothy T. Latta and Irene M. Latta and Ascot, LLC.
Discussion: Mr. Benjamin clarified that the Idaho Liquor Dispensary is currently leasing both leases. The first lease is located in Ketchum and the second lease is located in Boise.
Resolution: Mr. Goodenough moved to place item 2 on the consent agenda. Mr. Foltman seconded the motion. The motion carried on a unanimous voice vote.
3. Ada County Sheriff
Request for approval pursuant to Idaho Code §31-2219, and Idaho Code §31-3203, for prisoners sentenced to ISCI and transported by the Ada County Sheriff upon a Judgment of Conviction or a return on a Board Warrant for June 1, 2005 through May 31, 2006:
Mileage at $.40 per mile---$4,737.48
Mileage at $.25 per mile---$4,943.12
TOTAL OF CLAIM: $9,680.60
Discussion: Mr. Goodenough asked Mr. Benjamin why there were two mileage rates listed.
Mr. Benjamin explained that the statute allows $.40 per mile for the first prisoner being transported, and $.25 per mile for each additional prisoner.
Mr. Foltman said there appears to be a detailed report including the number of prisoners to back up this claim.
Resolution: Mr. Goodenough moved to place item 3 on the consent agenda. Mr. Foltman seconded the motion. The motion carried on a unanimous voice vote.
4. Military Division
a. Request for approval pursuant to Idaho Code §67-5329(3) (now §67-5328) for continuance of cash payment of comp-time earned by the Bureau of Homeland Security personnel and others as assigned and deployed in federally and state declared disasters.
b. Request for approval pursuant to Idaho Code §72-928 for payment of workers’ compensation claims for members of the Idaho National Guard resulting while the soldier was on duty in the amount of $5,523.90.
Discussion on 4 a.: Ms. Nelson asked that sub request a. be broadened to include all state employees that are mission assigned instead of limiting it to military personnel only. She said they met with the board last year regarding this issue. The process is that once the employees have been mission assigned, they must submit their costs to the Bureau of Homeland Security. Ms. Nelson went on to say the federal government tries to reimburse for extraordinary costs. The government will not pay comp-time accrued, but will pay for the reimbursement of comp-time paid.
Mr. Benjamin said the statute speaks to state employees, not just military personnel.
Mr. Foltman inquired if the Subcommittee had received a summary report after the meeting last year to know the number of employees participating in these assignments.
Ms. Nelson answered that the Military Division did not provide a summary report. They are getting overtime reimbursed from FEMA and the state is being made whole for the extraordinary costs. The Military Division often hires temp employees to perform disaster related tasks.
Mr. Foltman asked if the list would be an extensive one.
Ms. Pond said it would not be a large list. They’ve had about six people working full-time. After Hurricane Katrina they sent four or five employees from other state agencies and about two or three from their own agency. Ms. Pond recalled during that time they provided the Military with $30,000 for gasoline to move the troops from place to place.
Mr. Foltman commented that it would be helpful and would make the record complete to have a summary of the employees, their agency, the resources used, for what disaster, and the amount of money or time taken.
Ms. Pond declared the list would be easy to provide because the temporary employees kept very good records.
Mr. Benjamin asked how it is determined that the employees are mission assigned.
Ms. Nelson answered that the employees are chosen for a certain skill or task, and are assigned by the Bureau of Homeland Security.
Ms. Pond commented that they have copies of all mission assigned duties.
Ms. Nelson said each person is accounted for and is given assignment for a very specific disaster.
Mr. Benjamin noted that his only concern is that DFM and the Governor’s office are both comfortable with the cash flow that could result from this claim.
Mr. Foltman replied that the Governor’s office does see the reports on occasion and the level of activity that takes place.
Resolution on 4 a.: Mr. Foltman moved to send item 4 a. to the consent agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.
Resolution on 4 b.: Mr. Goodenough moved to send item 4 b. to the consent agenda. Mr. Foltman seconded the motion. The motion carried on a unanimous voice vote.
8. Bureau of Homeland Security, Division of Military, Executive Office of Governor
Request for authorization to issue deficiency warrants for reimbursement of response costs pursuant to Idaho Code §39-7110.
Discussion: Mr. Goodenough questioned the meaning of the “prilled green material” included in the third incident listed.
||Description||Amount||Comments||Date to Board|
||HazMat||$7,069.27||Incident on Highway 28, milepost 120 near Salmon involving a semi truck rollover, spilling approximately 500-800 gallons of diesel.|
Incident date: 3/9/06
||HazMat||$11,904.23||Incident at Lake City High School in Coeur d’Alene, involving a Mercury spill. A student had brought in several vials of Mercury that he had obtained from a dentist office. The Mercury was shared with many other students which caused quite extensive contamination.|
Incident date: 3/22/06.
||HazMat||$166.64||Incident in Elmore County at mile post 74 involving a prilled green material was found on the highway by Idaho State Police. Spiller is unknown.|
Incident date: 3/31/06
||Drug Lab||2,727.99||Incident in Viola, Idaho involving a suspected meth lab.|
Incident date: 4/4/06
Ms. Pond explained it was a bumpy green material that had substance to it. The material found on the highway was spilled by an unknown person.
Resolution: Mr. Goodenough moved to send item 8 to the consent agenda. Mr. Foltman seconded the motion. The motion carried on a unanimous voice vote.
5. Fiscal Policy Advisory Committee
Notification that the IRS has published new rules in how long an employee can wait to turn in an expense report. There is a safe harbor of 60 days for the employee to substantiate or account for expenses after they are paid or incurred, but the regulations also provide a periodic statement rule that gives an employee 120 days to substantiate additional expenses after receiving a statement from the employer showing any excess amounts, or to return any amounts to which they were not entitled.
6. Attorney General
a. Notification that Alfred E. Barrus, Prosecutor with the Cassia 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 the case of Rosa N. Ochoa Real Property Forfeiture.
b. Notification that Robert D. Williams with the firm of Quane Smith, LLP, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the Acting Director of the Idaho Department of Insurance (Department), Shad Priest, in his capacity as Statutory Liquidator in the case of Prestridge, et al. v. Searle, et al.
c. Notification that J. Kevin West with the firm of Hall, Farley, Oberrecht & Blanton, PA, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of conducting certain legal research for the State of Idaho, Idaho Department of Administration, and the Office of Group Insurance (Department).
d. Notification that Peter J. Johnson with Johnson Law Group in Spokane, Washington 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 Worzala v. Idaho State Police, et al.
e. Notification that Richard A. Hearn of the firm of Racine, Olson, Nye, Budge & Bailey, Chtd., 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 Davis v. Idaho Transportation Department, et al.
7. 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 June, 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 June, 2006:
Additional Discussion: Mr. Foltman commented that in last month’s Subcommittee meeting, a discussion took place about approving overtime codes for nurses, which was deferred to DHR. Mr. Foltman spoke to Mr. Dan Steckel of DHR and they are not yet ready to bring back findings about the recommendation.
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 9:29 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
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