STATE BOARD OF EXAMINERS
MINUTES – Sub-committee Meeting
September 13, 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 1:30 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; Brian Kane, Deputy Attorney General, and Brandon Woolf, Office of the State Controller, as assisting secretary to the subcommittee.
Also present by invitation were: Mary Marsh, Bureau of Homeland Security; Jarod Dick, Bureau of Homeland Security; Donald Berg, Legislative Services Office; David Fulkerson, Division of Financial Management; Nancy Gollaher, Military Division; Maj. Kedrick Wills, Idaho State Police; Kelly Nielsen, Department of Agriculture; Mike Cooper, Department of Agriculture; Celia Gould, Department of Agriculture; Dan Goicoechea, Office of the State Controller; and Deborah Wonch, Office of the State Controller.
Mr. Hammon requested to add a new item, item #8 from the Department of Agriculture and renumber the rest of the agenda to correspond.
Approval of official minutes for the meeting of the Sub-committee to the Board of Examiners on August 2, 2011.
Resolution: Mr. Hurst moved to approve item 1. Mr. Kane seconded the motion. The motion carried on a unanimous voice vote.
2. Lava Hot Springs Foundation
Request continuance of a lease pursuant to Idaho Code §67-4402.
Discussion: Mr. Woolf noted that the Lava Hot Springs item also requires approval from the Land Board as well.
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.
3. Bureau of Homeland Security
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 Clerk
Date to Board
Suspected Drug Lab
|Suspected Drug Lab in Priest River. Payment demand has been submitted to Responsible Party. Restitution process has been initiated with Bonner County Prosecutor’s Office in the event Responsible Party does not pay. (BONNER COUNTY)||09/13/2011|
Request for approval pursuant to Idaho Code §18-2507 for the prosecution of State Penitentiary inmates in the amount of $24,656.90.
Resolution: Mr. Hurst moved to approve item 4 and place it on the consent agenda.
Discussion: Mr. Hammon noted that the supporting documents have been reviewed.
Mr. Woolf distributed the history of the payment amounts, and explained that the Department of Correction has the responsibility of the payment.
Resolution: Mr. Kane seconded the motion. The motion carried on a unanimous voice vote.
5. Military Division
Request approval for cash compensation of overtime to all state professionals and administrative personnel deployed to assist on state or federally declared disasters according to Idaho Code §67-5328(3)(c).
Discussion: Mr. Hammon noted that this applies beyond just the Military Division; other state employees are called upon during a disaster.
Ms. Gollaher explained that this request is approved annually. In the past once the Military Division has gotten approval from the Board of Examiners they change the employee’s FLSA code to “S” which allows them to be paid overtime. If the state was not paying the overtime and the employees were accruing it, they would not be reimbursed for the overtime when it is actually used. In order to keep overtime costs in alignment with the disaster, Military is asking for special approval to pay out the overtime as it is earned. If it were accrued, they are not incurring that expense, and could not ask for a reimbursement. It has to be an expense at the time for the federal government to reimburse.
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. Legislative Services Office
Request for approval pursuant to Idaho Code §67-5328(3)(c) to pay the comp time balance of an employee.
Discussion: Mr. Berg explained that they had a senior managing auditor retire in April. They lost several key individuals and had to shuffle tasks around. They then had an unannounced quality control review and hosted five people for two weeks as they reviewed LSO’s audit function. These reviews only take place every 6 or 7 years, and it absorbed the managers in the process. The staff member on the lead for this was unable to take any time off two weeks prior to the review, the two weeks of the review, and two weeks after the review. Then, the lead auditor on the CAFR auditing team went on maternity leave for 12 weeks. The deadline for auditing the CAFR is approaching and they are unsure of meeting the due date. He explained that the only other option would be to pay off the manager’s comp time balance.
Mr. Hammon said it falls under the “unusual” category.
Mr. Hurst asked how much control she has over her work schedule.
Mr. Berg answered that he sets and manages her schedule. They have a new manager in training, but it will take awhile until he gets up to speed. They cannot assign the CAFR work to someone else because each employee is specialized in different areas.
Mr. Hurst said he does not want people to create their own “unusual” circumstance just so they can get paid for it.
Mr. Berg said this is the culmination of having to do more with less. He said his next choice is that they slow the CAFR audit process down. Instead of getting it done by the November timeframe it would be slowed down and have it completed in December. This is a one-time event. Under normal circumstances this staff member would end the summer with a comp time balance of zero and a vacation balance well below the maximum to prepare for the next CAFR season. This is an ongoing normal process. The employees manage their balances every year to prepare for the CAFR audit.
Mr. Hammon asked if it was just this one employee who needed the balance paid.
Mr. Berg said yes, this auditor is the only one, and it would be a payoff of roughly 140 hours.
Resolution: Mr. Kane moved to place item 6 on the regular agenda. Mr. Hammon seconded the motion. The motion carried with Mr. Kane and Mr. Hammon voting in the affirmative, and Mr. Hurst casting a negative vote. Mr. Hurst stated he wanted to have the item placed on the consent agenda.
7. Idaho State Police
Request approval for the payment of overtime pursuant to Idaho Code §67-5328(3)(c) for the remainder of FY2012 for individuals in specific class codes.
Discussion: Maj. Wills explained that in Forensic Services they had a personnel issue last spring that resulted in the resignation of three scientists; two in Chemistry and one in Toxicology. In addition they had some normal turnover, leaving some open positions. Right now around 87% of the work done in Forensic Services is for other agencies. The scientists are unable to meet the timeframes given since there are fewer people to do the work. They are in the hiring process, but in Forensic Services it takes about a year from the time they are hired until they are actually accredited and certified to practice their trade. The new employees are not of value until about a year. In the criminal justice system of Idaho there are court cases that are backed up. Judges are unwilling to give a continuance, so if Forensic Services are not able to provide this service, it results in court cases being dismissed. Criminals are not brought to trial because the employees cannot process the evidence in time. Maj. Willis explained that they would like to utilize a salary savings for the open positions for the remaining fiscal year 2012 to pay overtime for the scientists they have left.
Mr. Hammon asked if the salary savings would be sufficient to cover the overtime costs.
Maj. Wills answered that is the expectation. They have around $62,000 to date in salary savings in those positions, and also with an additional $15,000 in DNA which is grant money that has been awarded already for overtime. One of the DNA scientists transferred to the Chemistry area and so she is being cross-trained right now, leaving a vacancy in DNA.
Mr. Hammon asked if Maj. Wills could provide an estimate. This is not a one time deal; it is on-going until the end of the fiscal year. It could become expensive.
Maj. Wills commented that they could do it with the existing salary savings because it is the amount they would be paying those scientists who are able to keep the backlog down historically with those positions filled. The $62,000 is gaining every day that those positions are open. They anticipate filling all three positions by December 1, but the new employees will not be of value for quite some time.
Mr. Hammon asked if they could function with a cap of some kind, to avoid making it open-ended.
Maj. Wills responded that Chemistry and Toxicology’s workloads fluctuate so much depending on the cases coming in from other agencies. It is difficult to give more than an estimate. He noted that he could give the board a historical estimate.
Mr. Hammon asked what the current comp balances are of the employees.
Maj. Wills answered that the total for all employees in these classes is 201 hours. None of them are at the cap yet.
Mr. Hurst asked who does the scheduling for the lab employees.
Maj. Wills replied that the individual lab managers in each of the three labs do the scheduling. The lab managers report directly back to Maj. Wills.
Resolution: Mr. Kane moved to place item 7 on the consent agenda. Mr. Hurst seconded the motion.
Discussion: Mr. Kane commented that DNA, toxicology and blood tests are the most critical pieces of evidence you can have within court proceedings.
Mr. Hurst commented that in this situation, the scientists’ deadlines are imposed by outside sources rather than imposed by themselves.
Mr. Hammon said there are employees all across the state with large comp time balances that are not being paid off. He noted that this work is very important, but it is difficult to treat all employees of the state system fairly.
Mr. Kane said the forensic lab is so critical to the state justice system.
Mr. Hammon commented that this does fall under the unusual and emergency circumstances.
Resolution: The motion carried on a unanimous voice vote.
8. Department of Agriculture
Request approval pursuant to Idaho Code §22-2019 for deficiency warrant spending authority for the Potato Cyst Nematode Survey, Detection and Eradication Program.
Discussion: Mr. Cooper explained that in 2006 they found a PCN infestation in Eastern Idaho. They had a deficiency warrant from the state and a lot was reimbursed by the federal government. The feds requested that the state continue to monitor those fields after potato crops. Agriculture began monitoring and sampling in 2009. During that year they encountered two landowners who refused to have the survey done. They have sampled 2,700 acres so far and have released those fields from the monitoring program. They can only sample after a potato crop has been harvested. This year they found two other positive infested fields. They are unsure if they have the infestation locked down, and do not want to get any markets disrupted. This next time they may have to bring search warrants in order to sample the fields belonging to the two uncooperative land owners. The department is asking for $500,000 and hopes to get the sampling finished as quickly as possible before the weather turns. This would be a state expense. He commented that the feds picked up most of the cost and has given Agriculture a grant to work with for awhile. The situation now goes beyond the scope of both of those.
Resolution: Mr. Kane moved to approve item 8 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
Discussion: Mr. Hurst asked how long the sampling will take.
Mr. Cooper answered they will try to get the critical fields done in 2-3 weeks.
Ms. Gould noted that the search warrants are only good for 12 days, so they will need to get a large number of personnel into the fields at one time to complete the sampling.
9. Department of Fish and Game
Update on the relocation extension of David Silcock.
10. Office of the Attorney General
a. Notification that Bridget A. Vaughan, Attorney at Law, has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the State Insurance Fund and the Idaho Department of Correction in the case of Joseph Henry v. Dept. of Corr. & State Ins. Fund.
b. Notification that John P. Coyle of the firm of Duncan & Allen in Washington, D.C., has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the State of Idaho, Public Utilities Commission, in the enforcement action before the Federal Energy Regulatory Commission.
c. Notification that David E. Eash of the firm of Ewing Anderson, PS, in Spokane, Washington has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the Idaho State Tax Commission in legal matters relating to out-of-state collections.
d. Notification that John A. Bailey, Jr. of the firm of Racine, Olson, Nye, Budge & Bailey, Chtd., has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing Idaho State University in the case of Habib Sadid v. Idaho State University.
e. Notification that Scott E. Randolph of the firm of Holland & Hart, LLP, has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the Idaho Commission on Aging and the Idaho Department of Health and Welfare in the case of Bowman v. Idaho Commission on Aging.
11. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of July, 2011.
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of July, 2011.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in July, 2011:
Workers Compensation Claim Costs
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in July, 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.