STATE BOARD OF EXAMINERS
MINUTES – Sub-committee Meeting
August 12, 2014 – 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 1:30 p.m. pursuant to Idaho Code §67-2002 and by order of the chair.
The following members were present: Brian Kane, Office of the Attorney General; David Fulkerson, Division of Financial Management; Tim Hurst, Office of the Secretary of State; and Brian Benjamin, Office of the State Controller, as assisting secretary to the subcommittee.
Also present by invitation were: Jackson Gray, Idaho Military Division; Kay Christensen, 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 July 8, 2014.
Resolution: Mr. Hurst moved to approve item 1. Mr. Kane seconded the motion. The motion carried on a unanimous voice vote.
2. Military Division
Ratification of military contracts for the following projects:
NGBID-14-C-0021 for project: OCTC-DOL Warehouse 2014.
NGBID-14-C-0023 for project: OCTC Vehicle Storage Facility.
Resolution: Mr. Kane moved to approve item 2 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
Discussion: Mr. Hurst commented that these two projects could have come to the meeting instead of being buck slipped. He said he believes they should either follow the process of coming to the board meeting, or have the law amended.
Mr. Benjamin noted that Clayton Anderson had previously explained the bids only stay open for a short period of time. That is why he wanted to have the buck slip go around in case it was getting close to the 30 days and there wasn’t an opportunity to get to a meeting.
Mr. Jackson explained that last year they had 17 projects come through the buck slip process at one time. They do not get the full allotment upfront from the government. They have a short timeframe to execute federal dollars within the state.
The buck slip process helps move the contracts through faster. Coming to the board normally adds 2-6 weeks to get final approval; by that time, federal dollars could be lost.
Mr. Hurst said the contracts require two signatures for approval instead of three. If buck slips are a meaningless process, the legislature should remove the statute stating the contracts need to be approved by the Board of Examiners.
Mr. Gray said they have a liaison with the legislature, and is working on adjusting the process.
Mr. Benjamin said maybe the board could set up an approval process where the contract just needs to be approved by DFM or the Controller.
Mr. Fulkerson asked if there were many projects over the $100,000 threshold.
Mr. Jackson answered that there are between 15 and 20 projects that are over $100,000 per year. The federal financial limit is $750,000.
Mr. Kane said he would like to talk to Attorney General Wasden about this.
Mr. Fulkerson noted this should be a discussion item on next month’s agenda.
3. Office of the Secretary of State
Request approval pursuant to Idaho Code §73-212 for the annual distribution list for the Idaho Code and its supplements.
Discussion: Mr. Kane asked if someone checks to see if people need this many copies.
Mr. Hurst answered that they do check the list, and this year distributed to 15 fewer contacts.
Resolution: Mr. Kane 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. Ada County Sheriff
Request for approval pursuant to Idaho Code §31-2219 and §31-3203, for prisoners sentenced to ISCI and transported to the Ada County Jail upon a Judgment of Conviction or a Return on a Board Warrant for April 2014 through June 2014 in the amount of $3,225.60.
Resolution: Mr. Hurst moved to approve item 4 and place it on the consent agenda. Mr. Kane seconded the motion. The motion carried on a unanimous voice vote.
5. Office of the Attorney General
Request approval pursuant to Idaho Code §67-1409(1) for the list of attorneys recommended by Attorney General Wasden to provide legal services to the State of Idaho, Department of Administration’s Risk Management Program.
Discussion: Ms. Christensen explained that the original list was made in 1995. The most recent list was updated in 2004, and lists people who are deceased. They did an RFQ as required by the statute and published it online and in the state bar journal. Around 50 applicants responded to the notice and were in good standing with the bar. All applicants have at least five years in practice.
Mr. Hurst asked how many attorneys are actually used from the list.
Ms. Christensen responded that it depends on the amount of risk cases. Roughly 20-25 are allocated to lawyers. There are no guarantees anyone on the list will get hired for a case. They pick a lawyer based on geographical location too, and are only going to be paid $150 per hour.
Resolution: Mr. Kane moved to approve item 5 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
6. Office of the Attorney General
a. Notification that Paul J. Augustine of the firm of Augustine Law Offices, PLLC, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the State of Idaho, Industrial Special Indemnity Fund, in the matter of Robert A. Nesbit.
b. Notification that Mark R. Petersen of the firm of Snake River Law, PLLC, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the Idaho Department of Health & Welfare, Child Support Services in the child support enforcement actions on an ongoing basis.
7. 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 drafts for the month of June, 2014.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in June, 2014:
Workers Compensation Claim Costs
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in June, 2014:
Mr. Hurst moved to adjourn the meeting at 2:04 p.m. Mr. Kane seconded the motion.