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
October 4, 2001 – 9:00 a.m.
Office of State Controller – Fifth Floor Conference Room A

Attending: Brian Whitlock, Office of Governor
        Ben Ysursa, Office of Secretary of State
        Mike Gilmore, Office of Attorney General, representing Dave High
        Keith Johnson, Office of State Controller

Visitors Attending:
        Marty Peterson, University of Idaho
        Keith Hasselquist, State Board of Education
        Bev Mushala, Boise State University
        Tim O’Leary, Idaho State Police
        Gary Ward, Bureau of Hazardous Materials
        Steve Kenyon, State Controller’s Office
        Lou Piccioni, Attorney
    UNIVERSITY OF IDAHOMarty Peterson

1. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $5,000 each for the following open positions:
        Manager, Foundation Operations University Advancement
        Academic/Business Dev. Coordinator UI Boise Center
        Assistant Professor Psychology
        Events Manager Office of Development
        Development Coordinator College of Letters and Science
        Assistant Professor Food Science and Toxicology


    2. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $5,000 for the following open position:
          Associate Gift Planner Office of Development

      3. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $5,000 each for the following open positions:
            Extension Educator/Asst Professor Cooperative Extension-District III, Jerome
            Research Associate Ag Econ and Rural Sociology
            Assistant Professor (Ethnic Amer Lit) English
            Assistant Professor (Rhetoric/Comp) English
            Assistant professor (Creative Writing) English
            Facilities Planner Facilities Management & Operations
            Associate Professor Computer Engineering

            Marty Peterson reported they are recruiting for fourteen positions and are requesting moving reimbursing up to $5,000 each. Ben Ysursa made a motion to recommend approval by the Sub-Committee for items #1-3. Brian Whitlock seconded the motion. The motion passed unanimously.

        4. Request for authorization to reimburse additional moving expenses up to $8,000 for an assistant professor in the Department of Plant, Soil, and Entomological Science in the College of Agriculture. Sub-Committee approval up to $5,000 was given in March 15, 2001 for the position. There are two finalists for this position and they would be relocating from New Brunswick, New Jersey or Saskatooon, Canada to Moscow, Idaho. Payment of moving expenses will be from non-appropriated state funds.

            Marty Peterson stated they are requesting an additional $3,000 for the position. Ben Ysursa made a motion to recommend approval on the Consent Agenda for item #4. Brian Whitlock seconded the motion. The motion passed unanimously.


        5. IDAHO STATE UNIVERSITYKeith Hasselquist, State Board of Education
          SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $1,500 for the following position.

            Assistant Football Coach Athletic Department/Football
            Brian Whitlock made a motion to recommend approval by the Sub-Committee. Mike Gilmore seconded the motion. The motion passed unanimously.

          LEWIS CLARK STATE COLLEGEKeith Hasselquist, State Board of Education
        6. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $2,000 for the following position from appropriated funds, effective approximately July 1, 2002:
            Assistant Professor Division of Literature and Languages

        7. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $2,500 for the following position from appropriated funds, effective approximately July 1, 2002:
            Assistant or Associate Professor Divisions of Literature and Languages/
                                  Social Sciences

        8. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $1,500 each for the following positions from appropriated funds, effective approximately July 1, 2002:
            Assistant or Associate Professor Division of Fine and Performing Arts
                                  2 positions

        9. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $5,000 for the following position from appropriated funds, effective approximately October 1, 2001:
            Athletic Director Athletic Department

          Keith Hasselquist reported they are requesting moving expense reimbursement up to $5,000, or less, for five positions. Ben Ysursa made a motion to recommend approval by the Sub-Committee for items #6-9. Mike Gilmore seconded the motion. The motion passed unanimously.


          BOISE STATE UNIVERSITYBev Mushala
        10. SUB-COMMITTEE APPROVAL - Request for authorization to reimburse moving expenses up to $5,000 for the following positions:

          Position Department Salary
            Assoc Prof – Const Mgmt College of Engineering 65,000
            Assoc Prof – Elec/Computer College of Engineering 60,000
            Assoc Prof – Nursing Department of Nursing 47,000
            Assoc Prof – Nursing Department of Nursing 49,500
            Assoc Prof – Nursing Department of Nursing 49,500

            Bev Mushala reported they are requesting reimbursement up to $5,000 for the five positions. Brian Whitlock made a motion to recommend approval by the Sub-Committee. Ben Ysursa seconded the motion. The motion passed unanimously.
        11. Request for authorization for additional moving expenses of $1,233.11 for Mr. John Ringle, Director of Student Housing, to be paid out of local funds. Initial expenses of $5,000 were approved May, 2001.


        12. Request for authorization for additional moving expenses of $690.00 for Mr. Robert Gregory, Assistant Football Coach, to be paid out of local funds. Initial expenses of $5,000 were approved December, 2000.
            Bev Mushala stated #11 and 12 are for additional moving expenses. They have previously been approved for up to $5,000 reimbursement. Brian Whitlock made a motion to recommend approval on the Consent Agenda for items #11 and 12. Ben Ysursa seconded the motion. The motion passed unanimously.

        13. IDAHO STATE POLICETim O’Leary, Human Resources Officer

          Request for authorization to pay accrued compensatory time for the following employees, accrued as a result of the extraordinary demands created by the preparation for and service during the Western Governor’s Association meeting in Coeur d’Alene.
            Vacation Balance Comp Balance
            Captain Danny Bunderson 273.2 43.3
            Lieutenant Bob Lee 334.9 125.5
            Captain Wayne Longo 282.1 85.1
            Captain Dave Kane 280.2 58.9
            Captain Clark Rollins 306.5 48.5
            Captain Ed Gygli 139.4 56.5
            Captain Craig Peterson 226.2 23.0
            Captain Ed Rankin 319.4 99.5
            Lieutenant Steve Richardson 325.5 107.0
            Lieutenant Duane Sammons 336.0 55.0
            Major Kevin Johnson 320.6 116.0
            Tim O’Leary reported the compensatory time was accrued in preparing for and during the Governor’s Association meeting in Coeur d’Alene. Some hours were also accrued for a few employees who stayed for the NASACT Conference. Brian Whitlock asked if he could receive a list of overtime and cost analysis for all officers and Tim will furnish him a list. Brian Whitlock made a motion to recommend approval on the Consent Agenda. Mike Gilmore seconded the motion. The motion passed unanimously.

          BUREAU OF HAZARDOUS MATERIALSGary Ward
            Request for authorization to issue deficiency warrants for reimbursement of response costs incurred, pursuant to Idaho Code 39-7110.
            ID #
            Description
            Amount
            Comments
            Taken to BOE
            14. 2001-2496
            Drug Lab
            $ 1,226.79
            10/2/2001
            15. 2001-2605
            Drug Lab
            $ 102.32
            10/2/2001
            16. 2001-2736
            Drug Lab
            $ 106.55
            10/2/2001
            17. 2001-3002
            Drug Lab
            $ 2,533.13
            10/2/2001

              Gary Ward reported the four items are routine requests. Ben Ysursa made a motion to recommend approval on the Consent Agenda. Brian Whitlock seconded the motion. The motion passed unanimously.
            18. VOCATIONAL REHABILITATION

              Request for recognition of assignment as executed by Assignor Thomas L. Edmark, President, Edmark Motors, Inc., and The Thomas & Helen Edmark Trust, both of Caldwell, Idaho for a real property lease regarding the State of Idaho, by and through the Department of Vocational Rehabilitation as Lessee and Lessee’s occupancy off Suite AT, Bldg A, 3110 E. Cleveland Blvd., Caldwell, Idaho, pursuant to Idaho Code 67-1027.
                Ben Ysursa made a motion to recommend approval on the Consent Agenda. Brian Whitlock seconded the motion. The motion passed unanimously.


            19. OFFICE OF ATTORNEY GENERAL
              Notification that Cynthia J. Larsen and Margaret H. Gillespie of the firm of Orrick, Herrington & Sutcliffe as special deputy attorneys general for he purpose of representing the State of Idaho and Michael McLaughlin, Judge of the Fourth District Court of the State of Idaho in the Boyd v. McLaughlin, et al, Case No. CV 012-6490 CAS AIJx, pursuant to Idaho Code §67-1409.
                Ben Ysursa made a motion to recommend approval on the Consent Agenda. Brian Whitlock seconded the motion. The motion passed unanimously.


            20. SUB-COMMITTEE
              Review status of John Olmsted’s claim.

                Keith Johnson stated negotiations for a potential settlement in the John Olmsted claim have been proceeding. Brian Whitlock reported that following the last Sub-Committee meeting he visited with John Olmsted’s attorney, Lou Piccioni. Brian said there is some sentiment that if the case were litigated, the state could win. He said there are a number of issues the agency and John Olmsted did not agree on, and Brian felt we needed to pursue some settlement. He looked at Mr. Olmsted’s hourly rate of pay of $5.19 at the time of accrual and came up with $8,900. Brian was concerned that settling and assigning number of hours and rate of pay would set a precedent, however he thinks if we were to enter into some settlement a figure could be set with no hour of pay or rate, and it would satisfy the state. Brian discussed this with the attorney by phone, and the attorney countered with $12,000. Mr. Olmsted would be willing to sign a confidential agreement.

                Mike Gilmore said that when Phil Batt became Governor he stated there would be no confidential agreements, and Governor Kempthorne has not repealed that decision. The question of which agency would pay the settlement was asked. Steve Kenyon reported that a letter from the Assistant Attorney General in the 1976 settlement stated that, “it is their opinion that the fund appropriated to the operations of the said agency should be liable for payment of the salary claims.” Tim O’Leary from Idaho State Police said if ISP had to pay the claim he assumed they would find the money through salary savings and not filling positions.

                Brian said he would discuss payment of the claim with Colonel Strickfaden, Director, Idaho State Police, and Peggy White, Deputy Attorney General based on the precedent that ISP cover the settlement.

                Lou Piccioni stated he feels John Olmsted has come down a great deal but could live with the settlement. He does not feel this would set a precedent.

                Brian Whitlock made a motion to recommend approval on the Consent Agenda for a $12,000 settlement with Mr. Olmsted, contingent on working out details with Idaho State Police, who would be the payer. Mike Gilmore seconded the motion. The motion passed unanimously.

                Steve Kenyon reported that he has been reviewing the issue that arose from the Rachel Gilbert claim regarding commissioners accruing vacation and sick leave. He feels the Idaho Code should be amended to state that full time commissions are considered annual employees and not entitled to accrue compensatory time, vacation, or sick leave. They would receive credited state service. This would affect the Public Utilities, Tax and Industrial Commissions. The question of how to deal with sick leave at time of retirement is still an issue. Steve said he wanted to present this to the Sub-Committee to receive their comments before taking it to the Commissioners. Suggestions were to check how judges are treated and see if they have put in for retirement sick leave benefits. Also changing the code so the commissioner’s sick leave balances remain on the books until they retire or are hired at a state agency. Elected officials statute may need to be clarified.

                Steve also mentioned he is reviewing the payment of compensatory time for administrators and plans to present it to the Sub-Committee at the next meeting. He feels payment should be focused on FLSA code and not titles. Idaho is the only state that allows non-classified employees to receive payment for comp time.

            INFORMATIONAL AGENDA
              STATE INSURANCE FUND

            21. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of September 2001.
                Estimated expenditure for workers $10,000,000.00
                compensation claim costs, dividends
                and premium refunds

              Funds Expended in August 2001:

                Workers Compensation Claim Costs $ 7,279,641.93
                Dividend 245.80
                Commissions 30,396.77
                Policy Refunds 160,305.05
                                    Total $ 7,470,589.55

            22. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft or the month of September 2001.

                Estimated expenditures for $750,000.00
                Petroleum Storage Tank Fund
              Fund expended in August 2001:

                Payroll $ 77,819.37
                Operations 25,470.83
                Claim Costs 120,470.83
                Total $ 223,761.03
            Page last updated on 07/13/2006 02:49:40 PM