STATE BOARD OF EXAMINERS
MINUTES – Subcommittee Meeting
September 14, 2010 – 1:30 p.m.
Joe R. Williams Building, 1st Floor Bureau of Occupational Licenses, The Idaho Room
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; Steve Olsen, 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; David Fulkerson, Division of Financial Management; Brad Compton, Department of Fish and Game; John McAllister, Department of Labor; Katie Lamm, Department of Labor; Brian Zimmerman, Idaho State Police; Marsi Woody, Idaho State Police; Dan Goicoechea, Office of the State Controller; Steve Wilson, Office of the State Controller; and Deb Wonch, Office of the State Controller.
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on August 10, 2010.
Resolution: Mr. Olsen moved to approve item 1 and place it on the consent agenda. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.
2. Bureau of Homeland Security
a. Update on Hazardous Material Cost Recovery Items
b. Haz Mat Deficiency Warrant Report
Discussion: Mr. Olsen asked if Ms. Marsh would give an explanation for the payment of medical monitoring expenses for the rate of $20 per hour, adding up to $640.
Date to Board
Haz Mat/Mercury spill
|Mercury spill at a private residence. Ada County.||9/7/2010|
$3,742.50 Haz Mat incident on I-84 MP 171 EB near Jerome. Insurance company is involved.
RP paid in full 8/30/2010
|Poisoning of domestic animals and humans. Bonneville County. ||9/7/2010|
|Suspected Drug Lab in a private residence. County Prosecutor’s Office contacted concerning addition to restitution list. Bonner County. ||9/7/2010|
|Overturned semi-truck resulting in spill of chemicals in transit. Reimbursement from owner/insurance company likely. Elmore County.||9/7/2010|
Ms. Marsh said that it appears as though they are getting paid normal wages plus the $20 per hour flat rate on top of it. The $20, however, does not go to the employee, but to the Department. A physical is required of each hazardous materials technician every year in order for them to respond to a hazardous materials incident. The $20 per hour cost goes into a fund to help cover the physicals.
Mr. Hurst asked what a physical costs.
Ms. Marsh answered that it costs $600-$1,000 per person. Most of the hazmat teams have 40-50 technicians.
Mr. Olsen said it seems like a reasonable expense.
Mr. Hammon asked on incident 114 if they had identified the responsible party.
Ms. Marsh said that the responsible party was the property owner.
Mr. Dick responded that the property owner denied accountability for it and his attorney indicated there was no incident for them to respond to. But the incident is being investigated by the prosecutor and is seeking restitution. Their attorney stated it was an overreaction by the neighbors, and is denying there was any hazardous incident with the poisoned meat at all.
Resolution: Mr. Hammon 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. Military Division
Ratification of military contract NGBID-10-C-0005 for State of Idaho Military Division project: Repair Roof Building 557.
Resolution: Mr. Hammon 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
Request for approval pursuant to Idaho Code 18-2507, for the payment of costs incurred by Ada County for the prosecution of seven State Penitentiary inmates in the amount of $4,946.90.
Resolution: Mr. Hurst moved to approve item 4 and place it on the consent agenda. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.
5. Idaho State Police
a. Request permission to pay ONL for multiple detectives, a non-commissioned supervisor, and administrative support staff.
b. Request to pay straight time plus overtime, mileage, and meals for support for Valley County Sheriff’s Office, as well as maintenance of roadblocks in areas near the Hurd Complex Fire.
c. Request to add “Other Federal Agencies” to the approved list of grants, projects, and agreements for overtime shifts worked by Idaho State Police employees.
Discussion: Mr. Olsen asked if the ONL expenditures have already been incurred.
Ms. Woody explained that the Hurd Fire has been incurred and the Marshal’s Office is halfway through with their investigation.
Mr. Olsen noted that these were both incidents that needed an immediate response for assistance.
Ms. Woody noted that the Marshal’s Office asked for help the day of the last month’s subcommittee meeting. The ONL has already been coded and they will be getting paid this Friday. Items a. and b. are 100% reimbursed through federal entities.
Mr. Hammon said he understands why ISP wants to ask for item c. and to avoid this situation of going back in time to approve something that happened previously, but he said he is not sure the real solution is a blanket approval, or what would be better.
Ms. Woody said they are trying to get blanket coverage for some of the federal agencies. On the list ISP has, US Forest Service is listed, but it was strictly for marijuana eradication. And now recently they asked for assistance with security for the Hurd Fire. She said that each year they have to supply how and where the money was spent. Every grant is listed.
Mr. Hammon said the Board would want to be of assistance if someone came and asked for money, but then the Board would be obligated to do whatever “big brother” wanted. It is more of a question of policy.
Mr. Hurst questioned what if the federal government asked the Board to do something the Board did not want to do. The director of ISP could potentially go rouge and do something the Governor did not approve of, but the director could do it anyhow.
Mr. Olsen asked Ms. Woody if it is a burden for ISP to ask the Board for permission each time.
Ms. Woody answered that it is not a problem.
Mr. Hammon said that to strictly follow the policy, the Board should deny this request for a. and b. and should make the agency pay it out of their own budget. They have taken action without authority. We need to avoid this problem in the future.
Mr. Olsen noted with an emergency fire, they need the approval immediately. He suggested it might be safer staying with the same procedure.
Ms. Woody commented that most of these are for public safety issues for Idaho citizens.
Mr. Olsen said the statute does not say “prior approval”. It just requires approval of the appointing authority and the Board of Examiners. He said that so long as the employees have not been paid, then it might be okay that the employees have already done the work.
Resolution: Mr. Hammon moved to approve a. and b. but not item c., with the expectation that when these instances occur, they would be handled in the same manner, and that the director would make a call prior to payment.
Discussion: Ms. Woody noted that they have to code the time ONL at the time the employees work the hours. The code ONL automatically pays the employee time and a half, no matter how many hours in the week they have worked.
Mr. Hammon said they have removed ONL from all other agencies except for the Department of Correction and Idaho State Police. If an employee works 20 hours in the week and gets called out for special duty, he gets paid time and a half even though under normal state procedures he would not be allowed it.
Mr. Woolf commented that it was correct. It came up about 2 or 3 years ago through a legislative audit finding that they were being paid for overtime prior to overtime hours being calculated. ONL helps pay for overtime at the time, and was a statutory guideline put in place.
Mr. Olsen said until there is approval by the Board of Examiners and the appointing authority, ISP could not pay overtime.
Ms. Woody noted that if they do not use ONL at the time, then if they work less than 40 hours a week they might not be able to earn time and a half to pay later. ONL helps get it off the books in that pay period.
Mr. Hammon said that it allows paying people more money than they would normally earn. The State Police is allowed to pay overtime that the employees are not otherwise eligible for. It is a benefit to the employee.
Ms. Woody said this is a volunteer basis. It is up to the employee to volunteer for these incidents and extra shifts if they want to. The paychecks will go out on Friday to these employees. If this request is not approved, the department will need to make some corrections on their time coding.
Mr. Hammon noted that the Board does not meet until next Tuesday to vote on this issue.
Resolution: Mr. Hammon moved to approve items 5 a. and b. and place them on the consent agenda, and not recommend approval for item c.
Discussion: Ms. Woody commented that they could withdraw item c. They just wanted to facilitate a more smoothly running process.
Mr. Olsen said that ISP can change their agenda portion even on the day of the meeting. He advised them to give their deputy attorney general a phone call if something short-notice like this happens in the future.
Resolution: Mr. Olsen seconded the motion.
Discussion: Mr. Hurst said it would be nice if the department had guidance on which projects can be approved or not spend overtime resources on. He noted that he was torn on this issue, and did not have a problem with item c.
Resolution: The motion carried on a unanimous voice vote.
6. Department of Labor
Request approval to use Penalty and Interest monies under Idaho Code 72-1348 for the cost of five facilities updates.
Discussion: Mr. Hurst asked if each of the facility updates fit under “permitted uses”. He noted that he was not sure all of them fit under the policy.
Mr. Olsen read the code phrase that says “for any lawful purpose”. He asked if these funds (in update #1) come to the Department of Labor through one of the mechanisms found in the statute. He asked them to explain the source of money.
Mr. McAllister noted that the money comes from the interest of late charges for taxes, penalties for not paying taxes, and fraud payments, etc. They are penalties and interest on funds owing the state. The last two items they will recover during the term of the lease.
Mr. Hurst commented that when you look at the examples in the statute, it does not seem to fit any of the facility updates listed. He said the first three items on the list he sees more problem with than the last two.
Mr. Hammon commented that they have used this fund for these types of activities in the past. Some have been very random expenses. It is not a slush fund, though, and the director manages it closely.
Mr. McAllister said they have to shut off servers when their air conditioners quit working. The servers generate a lot of heat in the building, and that is a problem, even in the winter.
Mr. Hammon said that it is an old building that the department inherited. They have done a good job of making it work for their needs, but it is not designed for the current purposes.
Mr. Hurst said that he does not question the need for these updates, but he is not familiar with the history with Labor.
Resolution: Mr. Olsen moved to approve item 6 and place it on the consent agenda. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.
7. Department of Fish and Game
Request an extension in the qualifying time of 20 months to 36 months for real estate relocation assistance for Staff Biologist James Teare.
Discussion: Mr. Olsen noted that the home price had been reduced on four occasions and seems to be following the correct process.
Resolution: Mr. Hammon moved to approve item 7 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
8. Department of Fish and Game
Update on the relocation extensions of Greg Wooten and David Silcock.
Discussion: Mr. Woolf noted that Maj. Thornton has retired from the state and ISP is working to recoup his relocation money. He is required to pay it back. Fish and Game, however, do not pay for moving expenses upfront like State Police has done for Maj. Thornton.
Mr. Compton said that the costs are not reimbursed until they are incurred, except for moving vans.
Mr. Hammon said the Board needs to start making plans for what happens in December if Mr. Silcock’s house does not sell and his 36 month extension is up. He asked Mr. Woolf to facilitate a discussion with the subcommittee, Idaho State Police, Department of Transportation, and Department of Fish & Game to discuss this issue.
Mr. Woolf noted that the dates of the extension expiration are coming close. The policy states it is for real estate relocation agreements put in place between April 21, 2009 and December 31, 2010.
Mr. Olsen asked what benefit is it of the employee.
Mr. Woolf said that the policy states up to 20 months then it is known as an investment.
Mr. Olsen asked if the employee suffers any loss by having to pay realtor fees if the house is not sold within 36 months. He also questioned if they have to give any money back after those 36 months. He requested Mr. Woolf to work with Mr. Compton and see what kind of loss, if any, Mr. Silcock would have after his 36 months expire, and if the Board should try to extend it out again.
9. Office of the Attorney General
a. Notification that Anthony M. Valdez of the firm of Valdez Law Office, PLLC, has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the State of Idaho the matter of Thelma Santamaria.
b. 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 the State of Idaho in the matter of Dickerson v. Pocatello Women’s Correctional Center.
10. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of July, 2010.
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of July, 2010.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in July, 2010:
Workers Compensation Claim Costs
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in July, 2010:
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.