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
STATE BOARD OF EXAMINERS
MINUTES – SUBCOMMITTEE MEETING
700 W. State Street, Boise, Idaho
5th Floor, Conference Room A
September 9, 2004


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; Michael McPeek, Office of the Attorney General; and Steve Kenyon, Office of the State Controller, as assisting secretary to the subcommittee.

Also present by invitation were Lelanie Jensen, Mark Agenbroad, Susan Cleverly, Mary Halverson, Military Division; Renee Ashton, Department of Lands; Joanna L. Guilfoy, Deputy Attorney General, Tim Mason, Department of Administration

· CONSENT AGENDA
1. Minutes - Approved

    Approval of official minutes for the meeting of the subcommittee to the Board of Examiners on July 8, 2004. August meeting was cancelled.

Resolution: Mr. Goodenough moved to approve item 1. Mr. Foltman seconded the motion. The motion carried with a unanimous voice vote.

· REGULAR AGENDA
2. Military Division – LeeRae Nelson, Controller
a. Request for approval for payment of workers’ compensation claims for members of the Idaho National Guard resulting while the soldier was on duty in the amount of $5,220.81 pursuant to Idaho Code §72-928.
b. Request for approval for state agencies to pay employees not currently covered by the Fair Labor Standards Act for overtime hours as they are incurred while assisting the State of Florida during the recovery from Hurricane Charley.
Audience with the Board: Lelanie Jensen, Bureau of Homeland Security introduced Mark Agenbroad, Division of Military. Mr. Agenbroad described item 2a to the subcommittee.

Discussion: Mr. Foltman inquired of the chairman if the subcommittee should vote on 2a and 2b separately. Mr. McPeek agreed.

Resolution: Mr. Foltman moved to approve item 2a. Mr. McPeek seconded the motion. The motion carried with a unanimous voice vote.

Discussion: Mr. McPeek inquired as to how new FLSA regulations regarding overtime might impact the boards’ decision. Mr. Kenyon stated that the Division of Human Resources adjusted the status of a handful of employees to bring them in line with the new regulations. He also stated that executive employees are not eligible for overtime payment and that all other employees are eligible. Ms. Jensen stated that the request specifically mentions hurricane Charley, but Idaho will be sending aid for Frances and possibly other hurricanes later in the season. She stated that the request should be amended to request approval for this hurricane season. Mr. Agenbroad stated that this would be best in order to pay costs as they occur. Mr. Foltman stated that Idaho has favored a good-neighbor policy in the past and that the state has entered into agreements with other states to help out. He expressed caution on approving an open-ended agreement and requested a report showing the number of employees and the costs being reimbursed be brought before the board. Mr. Agenbroad stated that it would be helpful to produce such a report to show agencies what will happen and accompany it with a letter of approval from the board stating that it is acceptable to make the necessary changes in the payroll system to allow them to be paid for overtime hours.

Resolution: Mr. Foltman moved to approve item 2b for the purpose of disaster relief through the current hurricane season subject to reporting of costs and number of employees. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.



3. Bureau of Hazardous Materials, Division of Military, Executive Office Of Governor – Gary Ward, Project Manager
    Request for authorization to issue deficiency warrants for reimbursement of response costs incurred during July pursuant to Idaho Code §39-7110.
    ID #
    Description
    Amount
    Comments
    Date to Board
      2004-1472
    Drug Lab
    1934.80
    Drug lab in a residence
    7-14-04
      2004-1999
    Drug Lab
    923.13
    Drug lab in a residence
    8/3/04
      2004-1837
    Drug Lab
    1242.88
    Drug lab in a residence
    8/3/04
      2004-2030
    Drug Lab
    971.68
    Drug lab in a residence
    8/6/04
      2004-2284
    Drug Lab
    992.76
    Drug lab in a residence
    8/16/04
      2004-2080
    Drug Lab
    1033.01
    Drug lab in a residence
    8/16/04/
      2004-1770
    Fuel Spill
    150.12
    Diesel valve bad in basement of bldg.
    8/16/04
      2004-1579
    Oil spill
    1697.86
    Oil discarded improperly onto the ground
    8/18/04
      2004-1864
    Hazmat
    24392.01
    72, 55 gal drums of sodium metal in storage area
    8-26-04
      2004-2534
    Drug Lab
    1722.92
    Mobile drug lab
    8-26-04
      2004-1871
    Fuel Spill
    8468.90
    Semi trailer buckled spilling contents on highway
    9-7-04
    Total
    $43,530.07
Audience with the Board: Susan Cleverly introduced item 3 and expressed that she would be happy to stand for any questions.

Discussion: Mr. Foltman stated that these items seem consistent with the intent.

Resolution: Mr. Foltman moved to approve item 3. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.

4. Ada County
c. Pursuant to Idaho Code §18-2507 the Ada County Clerk of the Distric Court for the State of Idaho requests payment for costs incurred in the prosecution and/or trial of Idaho State Correctional Institution inmates in the amount of $7,588.26.
d. Pursuant to Idaho Code §31-2219 and 31-3203 the Ada County Sheriff requests payment for costs incurred while transporting prisoners of the Idaho State Correctional Institution for court appearances during fiscal year 2004 in the amount of $3,724.56.
Discussion: Mr. Kenyon introduced item 4.

Resolution: Mr. Foltman moved to approve item 4. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.

5. Idaho State Police – Removed

    Request for approval to raise the vacation limit through December 31 for Sergeant Ross Kirtley, Supervisor of the Executive Protection/Capitol Security detail.

6. Department of Lands
    Request for approval of reimbursement rates for use of department employees personal animals as follows:

    Horses $32 per day, $16 per half day

    Stand-By Time $19 per day, $9.50 per half day

    Horse Trailers $26 per day plus mileage for pickup


Audience with the Board: Renee Ashton introduced item 6 and stated that these rates are based on what was approved for the Department of Fish and Game.

Resolution: Mr. Goodenough moved to approve item 6. Mr. McPeek seconded the motion. The motion carried on a unanimous voice vote.

7. Department of Health & Welfare

    Request for approval to transfer the 1% Temporary Increase from General Fund in the amount of $871,500 to the Cooperative Welfare Fund #0220.

Discussion: Mr. Foltman stated that Health and Welfare operates out of the Cooperative Welfare Fund and the appropriation was given to the General Fund. He stated that the actual expenditures were within the appropriated amount.

Resolution: Mr. Foltman moved to approve item 7. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.

8. Department of Administration – Joanna L. Guilfoy, Deputy Attorney General

    Request for advance approval of an assignment of a lease to be entered into with Siemens Building Technologies, Inc. related to the installation of certain energy cost saving measures in the Capitol Mall and Idaho Falls and Lewiston state office buildings pursuant to IC §67-1027.

Audience with the Board: Joanna L. Guilfoy introduced item 8. Tim Mason explained the nature of the agreement and the reasoning for bringing this item before the board.

Discussion: Mr. McPeek inquired how performance contracts work and who guarantees the payments. Mr. Mason stated that if the performance is not achieved, Siemens will guarantee payment of the difference. Mr. Foltman inquired if there were other similar performance contracts the state is engaging in. Jim stated that two other large performance contracts are in place at ISU and BSU. Ms. Guilfoy stated that this was a unique contract because of the bonding and payment situation.

Resolution: Mr. Goodenough moved to approve item 8 to the regular agenda. Mr. Foltman seconded the motion. The motion carried on a unanimous voice vote.



· INFORMATIONAL AGENDA
9. Attorney General
    Notification that Kendal A. McDevitt with the Ada 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 State v. Osborn, S. Ct. No. 30092; Ada County Case No. H0200794.

    Notification that Peter C. Erbland of the firm of Paine, Hamblen, Coffin, Brooke & Miller 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 Mica Bay Property Owners Ass’n, et al. v. Idaho Transp. Dep’t, et al., Case No. CV-04-3064.

    Notification that Mary V. York of the firm of Holland & Hart 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 Nelson/McAlvain Jt. Venture v. State of Idaho, et al., Case No. CV-02-06883D.

    Notification that Mary V. York of the firm of Holland & Hart 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 Environmental Protection Agency/Idaho Transportation Department, ITD Project No. DHP-NH-CM-5110(119) (Mica Bay).

    Notification that Robert L. Shaver of the firm of Dykas, Shaver & Nipper 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 Idaho Preferred Trademark.

    Notification that Sheryl L. Musgrove with the Ada 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 State v. Howard, S. Ct. No. 30883.

    Notification that Anne-Marie Kelso with the Payette 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 Real Property Forfeitures.

    Notification that Shamoil Shipchandler of the firm of Covington & Burling in Washington, DC 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 Matter of Decertification of the Idaho State School and Hospital.

    Notification that Thomas S. Williamson, Jr. of the firm of Covington & Burling in Washington, DC 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 Matter of Decertification of the Idaho State School and Hospital.

    Notification that Michael J. Kane of the firm of Kane & Tobiason 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 Siegert v. State of Idaho, Dep’t of Transp., Case No. CV_OC_0405469D.

    Notification pursuant to Idaho Code §59-512 that Deputy Attorney General Ralph Blount will be teaching a course in Criminal Procedure at Boise State University.


10. State Controller’s Office
    Notification of closure of rotary fund 0873 for the Department of Agriculture effective July 15, 2004.

    Notification of closure of rotary fund 0874 for the Idaho State Treasurer’s Office effective June 30, 2004.

    Notification of closure of rotary fund 0850 for the Governor’s Office effective June 30, 2004.

    Notification of closure of rotary fund 0814 for Public Health District II effective June 25, 2004.

    Notification of closure of rotary fund 0869 for the Department of Transportation effective June 30, 2004.

    Notification of closure of rotary fund 0816 for Public Health District IV effective August 5, 2004.


11. State Treasurer’s Office
    Notification of status and changes in Rotary Funds. Due to fraudulent activity, Wells Fargo will only accept responsibility for accounts using positive pay. Each rotary account will have its own bank account ($300-400 per year), each agency will be responsible for any loss that may occur

12. State Insurance Fund
    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of July.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $15,000,000.00
      Funds Expended in June:
      Workers Compensation Claim Costs
    $ 8,746,819.13
      Dividend
    3,673.98
      Commissions
    2,342,086.44
      Policy Refunds
    195,307.43
      Total
    $ 11,287,886.98
    b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of July.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in June:
         
      Payroll
    $ 60,459.88
      Operations
    16,038.55
      Claim Costs
    119,502.00
      Total
    $ 196,000.43
    c. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of August.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $15,000,000.00
      Funds Expended in July:
      Workers Compensation Claim Costs
    $ 8,914,052.01
      Dividend
    0
      Commissions
    46,675.42
      Policy Refunds
    204,926.40
      Total
    $ 9,165,653.83
    d. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of August.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in July:
         
      Payroll
    $ 88,367.02
      Operations
    19,965.26
      Claim Costs
    155,060.58
      Total
    $ 263,392.86


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 9:50 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 brdexam@sco.state.id.us or call the Idaho State Controller’s Office at 334-3100.
    Page last updated on 07/13/2006 01:41:06 PM