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
MINUTES
SUB-COMMITTEE MEETING
STATE BOARD OF EXAMINERS
September 9, 1999 – 9:00 a.m.
Office of State Controller - 5th Floor Conference Room A

Attending: David Tolman, Office of Governor
              David High, Office of Attorney General
              Chuck Goodenough, Office of Secretary of State
              Steve Allison, Office of State Controller

Visitors Attending: Ray Greene, Department of Fish and Game
              Marty Peterson, University of Idaho
              David Lloyd, Dep AG, Department of Health and Welfare
              Jim Dickinson, Ada County
              Gary Broker, Department of Health and Welfare
              Robert W. Ginkel, Idaho State Lottery
              Carol Hickman, Idaho State Lottery
              Larry Kirk, Legislative Services
              Mary Riedner, Bureau of Hazardous Materials
              Dorothy Heywood, Bureau of Hazardous Materials

1. DEPARTMENT OF FISH AND GAMERay Greene, Personnel Manager
    Request for authorization to give a $1,000.00 bonus to employees recognized as “employee of the year” even if they have previously received a bonus in the same fiscal year for some other reason.
      Ray Greene reported they would like to reward employees who have been recognized as “employee of the year” with a $1,000.00 bonus but in some cases the employee is unable to receive the full bonus because they have previously received a bonus in the same fiscal year. David High made a motion to recommend approval on the Consent Agenda. Chuck Goodenough seconded the motion. The motion passed unanimously.


2. UNIVERSITY OF IDAHOMarty Peterson
    Request for authorization to reimburse moving expenses up to $7,500 for Dr. Paul McCawley, from Springfield, Virginia to Moscow. Dr. McCawley is being hired as Associate Director of Cooperative Extension and Associate Dean of the College of Agriculture, effective October 18, 1999.
      Marty Peterson reported they would like to pay moving reimbursement for Dr. McCawley for $7,500 which is over the $5,000 limit. Chuck Goodenough made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.


    DEPARTMENT OF HEALTH AND WELFARE

3. Ken Deibert, Administrator, Idaho State School and Hospital; and David Lloyd, Deputy Attorney
    General
    Request for authorization to offset $48,112 from monies due to Ada County, pursuant to Idaho Code §67-1026. The department’s basis for the claim is that the Idaho State School and Hospital incurred these costs, which were paid entirely out of general funds, due to the County’s failure to obtain the release of David Andrew Orr who had been restored to competence to proceed in his criminal trial.
      This item was deferred at the request of Gary Broker. Jim Dickinson from Ada County and David Lloyd, Deputy Attorney General, attended the meeting. They will seek an alternative approach to this issue.


4. Gary Broker, Administrator, Division of Management Services
    Request for authorization to remove the vacation cap for Judy Boothe effective through the end of the current fiscal year (June 30, 2000). She is at maximum vacation accrual and significant vacation time cannot be granted until the Family Oriented Community Users System (FOCUS) is fully implemented and operational statewide.
      Gary Broker reported Judy Boothe has been involved with the implementation of FOCUS over the last year and they would like to remove her vacation cap because she will not be able to take vacation until the system becomes operational. David High made a motion to recommend approval on the Consent Agenda. Chuck Goodenough seconded the motion. The motion passed unanimously.


5. Request for authorization to pay 167.0 hours compensatory time for Lori Rood accrued during the implementation of a new claims processing system. Lori is also at her vacation limit and is unable to take time off.
      Gary Broker reported they would like to pay Lori Rood’s compensatory time, accrued during the implementation of the new claims processing system, which is now operational. David Tolman made a motion to recommend approval on the Consent Agenda. David High seconded the motion. The motion passed unanimously.

6. IDAHO STATE LOTTERY – Robert W. Ginkel, Director; and Carol Hickman, Management
                    Assistant
    Request for authorization to remove the vacation caps for the following employees working in the Information Systems Department on the Y2K system conversion project effective September 1999 through February 2000:
            Becky Schoeder, Deputy Director for Information Systems
            Teresa Froehlke, IT Systems Analyst Supervisor
            Marjie Goar-Keeney, IT Programmer Analyst Senior
            Denise Witcher, IT Programmer Analyst
            Victor Smith, IT Information Systems Tech
      Bob Ginkel reported they would like to remove the vacation caps for a six months period for employees involved in a Y2K compliance project. David Tolman made a motion to recommend approval on the Consent Agenda. Chuck Goodenough seconded the motion. The motion passed unanimously.


7. LEGISLATIVE SERVICESLarry Kirk, Supervisor, Legislative Audits
    Request for authorization to pay compensatory time earned for the following employees accrued while fulfilling one-time office duties in addition to regular job assignments. Both Don and Kathleen are vital to the Health and Welfare audit which must be completed for the federally-required single audit to be issued before the required date. Sheila’s use of compensatory time would disrupt the operations of Legislative Services and a temporary worker would probably be hired.
                Don Berg 51.0 hours
                Kathleen Watkins 39.0 hours
                Sheila Ison 36.0 hours
      Larry Kirk reported they would like to pay the accrued compensatory time for the three employees because they are unable to take the time off. David High made a motion to recommend approval on the Consent Agenda. Chuck Goodenough seconded the motion. The motion passed unanimously.

    BUREAU OF HAZARDOUS MATERIALSMary Riedner and Dorothy Heywood
8. Incident 980925 - Request for authorization to issue deficiency warrants in the amount of $866.43 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Pocatello, Idaho on September 24, 1998, pursuant to Idaho Code § 39-7110.

9. Incident 990101 - Request for authorization to issue deficiency warrants in the amount of $1,540.00 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Pocatello, Idaho on January 19, 1999, pursuant to Idaho Code § 39-7110.

10. Incident 990102 - Request for authorization to issue deficiency warrants in the amount of $1,826.43 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Blackfoot, Idaho on January 21, 1999, pursuant to Idaho Code § 39-7110.

11. Incident 990103 - Request for authorization to issue deficiency warrants in the amount of $926.33 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Downey, Idaho on January 23, 1999, pursuant to Idaho Code § 39-7110.

12. Incident 990104 - Request for authorization to issue deficiency warrants in the amount of $1,730.03 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Pocatello, Idaho on January 26, 1999, pursuant to Idaho Code § 39-7110.

13. Incident 990201 - Request for authorization to issue deficiency warrants in the amount of $1,287.08 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Pocatello, Idaho on February 3, 1999, pursuant to Idaho Code § 39-7110.

14. Incident 990205 - Request for authorization to issue deficiency warrants in the amount of $1,807.59 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Blackfoot, Idaho on February 10, 1999, pursuant to Idaho Code § 39-7110.

15. Incident 990313 - Request for authorization to issue deficiency warrants in the amount of $3,457.03 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Idaho Falls, Idaho on March 13, 1999, pursuant to Idaho Code § 39-7110.

16. Incident 990314 - Request for authorization to issue deficiency warrants in the amount of $791.94 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Coeur d’Alene, Idaho on March 14, 1999, pursuant to Idaho Code § 39-7110.

17. Incident 990315 - Request for authorization to issue deficiency warrants in the amount of $254.06 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Coeur d’Alene, Idaho on March 15, 1999, pursuant to Idaho Code § 39-7110.

18. Incident 990317 - Request for authorization to issue deficiency warrants in the amount of $1,124.08 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Pocatello, Idaho on March 17, 1999, pursuant to Idaho Code § 39-7110.

19. Incident 990325 - Request for authorization to issue deficiency warrants in the amount of $869.56 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Rathdrum, Idaho on March 25, 1999, pursuant to Idaho Code § 39-7110.

20. Incident 990331 - Request for authorization to issue deficiency warrants in the amount of $1,031.63 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Kellogg, Idaho on March 30, 1999, pursuant to Idaho Code § 39-7110.

21. Incident 990417 - Request for authorization to issue deficiency warrants in the amount of $1,467.84 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Bannock County, Idaho on April 17, 1999, pursuant to Idaho Code § 39-7110.

22. Incident 990425 - Request for authorization to issue deficiency warrants in the amount of $521.59 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Bannock County, Idaho on April 25, 1999, pursuant to Idaho Code § 39-7110.

23. Incident 990429 - Request for authorization to issue deficiency warrants in the amount of $2,051.44 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Pocatello, Idaho on April 29, 1999, pursuant to Idaho Code § 39-7110.

24. Incident 990511 - Request for authorization to issue deficiency warrants in the amount of $1,124.24 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Cataldo, Idaho on May 11, 1999, pursuant to Idaho Code § 39-7110.

    The Bureau of Hazardous Materials is still in the process of locating the responsible party in the following cases. In drug lab cases the responsible party may be difficult to determine and equally difficult to locate after the incident. The potential for cost recovery in these cases is extremely limited.

25. Incident 981203 - Request for authorization to issue deficiency warrants in the amount of $1,721.56 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Pocatello, Idaho on December 2, 1998, pursuant to Idaho Code § 39-7110.

26. Incident 981229 - Request for authorization to issue deficiency warrants in the amount of $298.51 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on November 19, 1998, pursuant to Idaho Code § 39-7110.

27. Incident 990129 - Request for authorization to issue deficiency warrants in the amount of $109.04 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on January 29, 1999, pursuant to Idaho Code § 39-7110.

28. Incident 990202 - Request for authorization to issue deficiency warrants in the amount of $1,002.10 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Chubbuck, Idaho on January 26, 1999, pursuant to Idaho Code § 39-7110.

29. Incident 990210 - Request for authorization to issue deficiency warrants in the amount of $168.04 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on January 14, 1999, pursuant to Idaho Code § 39-7110.

30. Incident 990211 - Request for authorization to issue deficiency warrants in the amount of $1,004.24 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in New Meadows, Idaho on January 11, 1999, pursuant to Idaho Code § 39-7110.

31. Incident 990213 - Request for authorization to issue deficiency warrants in the amount of $241.22 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Boise, Idaho on January 19, 1999, pursuant to Idaho Code § 39-7110.

32. Incident 990224 - Request for authorization to issue deficiency warrants in the amount of $434.48 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Nampa, Idaho on February 24, 1999, pursuant to Idaho Code § 39-7110.

33. Incident 990311 - Request for authorization to issue deficiency warrants in the amount of $1,267.74 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in St. Marie’s, Idaho on March 11, 1999, pursuant to Idaho Code § 39-7110.

34. Incident 990320 - Request for authorization to issue deficiency warrants in the amount of $952.36 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident on Hwy 52; Milepost 48 near Sweet, Idaho on March 20, 1999, pursuant to Idaho Code § 39-7110.

35. Incident 990323 - Request for authorization to issue deficiency warrants in the amount of $574.19 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Coeur d’Alene, Idaho on March 23, 1999, pursuant to Idaho Code § 39-7110.

36. Incident 990326 - Request for authorization to issue deficiency warrants in the amount of $526.33 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Post Falls, Idaho on March 26, 1999, pursuant to Idaho Code § 39-7110.

37. Incident 990327 - Request for authorization to issue deficiency warrants in the amount of $790.86 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident on I-15 at Milepost 68.5 Northbound, Idaho on March 27, 1999, pursuant to Idaho Code § 39-7110.

38. Incident 990329 - Request for authorization to issue deficiency warrants in the amount of $1,733.10 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Menan City, Idaho on March 27, 1999, pursuant to Idaho Code § 39-7110.

39. Incident 990330 - Request for authorization to issue deficiency warrants in the amount of $2,158.32 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in the Bingham County Landfill, Idaho on March 30, 1999, pursuant to Idaho Code § 39-7110.

40. Incident 990408 - Request for authorization to issue deficiency warrants in the amount of $494.69 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident on Hwy 55, Idaho on April 8, 1999, pursuant to Idaho Code § 39-7110.

41. Incident 990419 - Request for authorization to issue deficiency warrants in the amount of $555.98 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Payette, Idaho on April 19, 1999, pursuant to Idaho Code § 39-7110.

42. Incident 990510 - Request for authorization to issue deficiency warrants in the amount of $652.67 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Kootenai County, Idaho on May 10, 1999, pursuant to Idaho Code § 39-7110.

43. Incident 990521 - Request for authorization to issue deficiency warrants in the amount of $609.68 for reimbursement of response costs incurred when emergency response teams assisted in a CIB drug lab incident in Coeur d’Alene, Idaho on May 20, 1999, pursuant to Idaho Code § 39-7110.
      Mary Riedner apologized for the delay in submitting these requests because of a personnel situation. Director Bill Bishop’s cover letter also explains the tardiness. Mary corrected the amounts for three items, #11 to $926.33; #14 to $1,807.59; and #30 to $1,004.24. Mary asked the Sub-Committee members for guidance on how to handle response teams that respond to an incident without a specific request, but expect to be paid. After discussion it was decided the Hazardous Materials director should meet with Ada County and come to an agreement, possibly either to only come when requested, or to show up 100% of the time.

      David High asked if personnel costs are for overtime incurred during an incident. Mary stated that Boise is large enough they have personnel to handle fire stations while employees are responding to the incidents. Other cities do not have adequate personnel and must call in back up employees to cover the fire stations. David asked about the statute which says the military division shall review all claims and make recommendations to the Board of Examiners within 120 days after termination of the incident. Mary cited personnel problems in their office as a reason for the tardiness, and also that the Board of Examiners did not hold an August meeting.

      The problem of not being able to locate and recover costs from some responsible parties was discussed. David High suggested possibly prosecutors could make it a condition of probation that incremental costs be recovered from the responsible party.
      Chuck Goodenough said he still has a problem with the 120 days response time. After discussion it was decided to ask Matt McKeown, Deputy Attorney General for the Military Division, to prepare an Attorney General’s opinion interpreting Idaho Code §39-7110. If the Attorney General’s letter is not received in time for the Board of Examiners meeting, items #24, #42 and #43 will be included on the Consent Agenda because they meet the 120 day response time. The other items will be deferred for review of other means of payment. If Matt McKeown’s letter is received by September 14 and indicates it is okay to submit to the Board for approval, all the items could be included on the Consent Agenda. The motion was made by David Tolman and seconded by Chuck Goodenough. The motion passed unanimously.


44. DEPARTMENT OF ADMINISTRATION
    The Department of Administration has updated the IT classification list, which was previously approved by the Board of Examiners for the temporary removal of the $1,000 bonus cap for IT related classifications. Several classifications (25) are not in use at this time, however no agency indicated these classifications could be removed. The only classification recommended for removal from the list is Data Entry Operator as these positions have now been reclassified to the office support series. The list also includes 32 new classifications, the majority being non-classified. There are now a total of 232 Information Technology related classifications (including those not currently in use) on the list. The Board may want to approve this updated list.
      David Tolman stated he felt Board approval for removal of bonus caps for IT related classifications should be carefully reviewed based on legislative action last session. He feels there are other classifications who are also having recruitment problems and hesitates to recommend approval of additional IT classifications. David High said the IT classifications were approved by the Board because of recruitment problems, but felt that was a bad solution to bad management. He suggested the new Division of Human Resources and DFM may want to review the issue, but doesn’t feel we should expand on the IT list at this time. David High said in order to send a message the request could be deferred and force some discussion. David Tolman suggested amending all the classifications so there is an end date, possibly June 30, 2000. Chuck Goodenough made a motion to defer the request. David high seconded the motion. The motion passed unanimously.


45. STATE CONTROLLER
    Request for an interpretation of the following State Moving Policy section. Doug Pendleton, Controller of Idaho State University, inquired if an “academic year” of nine months would be interpreted as one year for purposes of interpreting this section of the policy.

      “Individuals who received moving expense reimbursements and voluntarily resign within one year of the beginning date of employment, will be required to pay back 100% of the reimbursement they received. Waivers of any pay back must be approved by the Board of Examiners.”

      Steve Allison said Idaho State University has asked if an academic year of nine months would be interpreted as one year. Chuck Goodenough said the policy says one year and he does not interpret that as nine months. David High said the faculty completes their academic year in nine months and felt it could be interpreted that way. David High made a motion to recommend approval on the Consent Agenda. David Tolman seconded the motion. Chuck Goodenough opposed the motion. This will be on the Regular Agenda for the Board of Examiners meeting.

    OFFICE OF ATTORNEY GENERAL

46. Notification that Robert Faucher of the firm of Holland & Hart has been appointed to represent the state In re Majestic Produce Corp., Case No. 199-10971-260, U.S. Bankruptcy Court, Eastern District of New York, pursuant to Idaho Code § 67-1409.


47. Notification that Thomas F. McFarland, Jr. of the firm of McFarland & Herman in Chicago, Illinois, has been appointed to represent the state in the Union Pacific Railroad Co. – Abandonment Exemption – in Ada County, Idaho, Docket No. AB-33 (Sub-No. 137X), pursuant to Idaho Code § 67-1409.


48. Notification that Thomas D. Kershaw, Jr. of the firm of Emery & Kershaw, has been appointed to represent the state in the Carnell, et al. v. Department of Health and Welfare, Case No. CV-97-2568, pursuant to Idaho Code § 67-1409.


49. Notification that John A. Bailey, Jr. of the firm of Racine, Olson, Nye, Budge & Bailey, has been appointed to represent the state in the Pooley, et al. v. Department of Transportation, et al., Case No. CV-OC-99-01068B, pursuant to Idaho Code § 67-1409.

50. Notification that Peter C. Erbland, of the firm of Paine, Hamblen, Coffin, Brooke & Miller, has been appointed to represent the state in the Goodrick v. Clegg, Case No. 99-35054, pursuant to Idaho Code § 67-1409.
      David High made a motion to recommend approval on the Consent Agenda for Items #46 - #50. David Tolman seconded the motion. The motion passed unanimously.

INFORMATIONAL AGENDA
    51. DEPARTMENT OF ADMINISTRATION
      Appropriation report from Department of Administration on expenditures and agreements by the Bureau of Federal Surplus Property for the period ending June 30, 1999 per the January 20, 1999 Board of Examiners approval and request that a semi-annual report be submitted to the Secretary of the Board of Examiners.
      STATE INSURANCE FUND

    52. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of July, 1999.
        Estimated expenditure for workers $7,500,000.00
        compensation claim costs, dividends
        and premium refunds

      Funds Expended in June 1999:

        Workers Compensation Claim Costs $6,166,206.59
        Dividend 196,319.32
        Commissions (1,272.36)
        Policy Refunds 169,515.55
        Total $6,530,769.10
    53. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft for the month of July 1999.
        Estimated expenditures for $750,000.00
        Petroleum Storage Tank Fund
      Fund expended in June 1999:

        Payroll $ 54,859.61
        Operations 43,186.01
        Continuous Appropriations - Operations 8,930.32
        Continuous Appropriations - PSTF Claim Costs 210,084.75
        Total $317,060.69

    54. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of August, 1999.
        Estimated expenditure for workers $7,500,000.00
        compensation claim costs, dividends
        and premium refunds

      Funds Expended in July 1999:

        Workers Compensation Claim Costs $6,067,226.96
        Dividend 17,394.40
        Commissions 789,940.04
        Policy Refunds 148,619.60
        Total $7,023,181.00

    55. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft for
    the month of August 1999.

        Estimated expenditures for $750,000.00
        Petroleum Storage Tank Fund
      Fund expended in July 1999:

        Payroll $ 56,166.88
        Operations 156,761.74
        Continuous Appropriations - Operations 18,783.00
        Continuous Appropriations - PSTF Claim Costs 168,600.19
        Total $400,311.81
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