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
October 6, 2005


The regular meeting of the Subcommittee to the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 9:03 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; Dave High, Office of the Attorney General; and Patrick Hodges, Office of the State Controller, as assisting secretary to the subcommittee.

Also present by invitation were: Michael Cooper, Department of Agriculture, Tom Dayley, Department of Agriculture, Kelly Nielsen, Department of Agriculture; Joni Booth, Bureau of Hazardous Materials; Kathy Opp, Idaho Department of Lands; Pam Nielsen, Division of Human Resources; Dan Steckel, Attorney General’s Office; Brandon Woolf, State Controller’s Office, Bryn Field, State Controller’s Office

CONSENT AGENDA

1. Minutes

    Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on September 8, 2005.

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


REGULAR AGENDA

2. Department of Health and Welfare

    Request for approval to transfer $117,388,500 from the General Fund to the Cooperative Welfare Fund #0220 during the second quarter of FY06.

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


3. Division of Financial Management – Brad Foltman, Administrator
a. Request for approval to transfer $100,000 from the state General Fund to the Disaster Emergency Account per EXECUTIVE ORDER NO. 2005-21 and Disaster Proclamation ID-06-2005.
b. Request for approval to transfer $150,000 from the state General Fund to the Disaster Emergency Account per EXECUTIVE ORDER NO. 2005-21 and Disaster Proclamation ID-06-2005.
    Audience with the Board: Mr. Foltman said the executive orders and proclamation referred to in item three set a limit of $250,000 to meet this disaster. Mr. Foltman said item a and b consume that $250,000. Mr. Foltman said they anticipate more money will be needed, but they are taking a closer look to determine when reimbursements can be made. One percent of state general fund, $2.2 billion, is available if additional transfers are necessary. Mr. Foltman said he is not aware if, or when, additional requests will be made, but for informational purposes, this item was reported to the Board of Examiners.

    Resolution: Mr. Foltman moved to relocate item 3 to the informational agenda. Mr High seconded the motion. The motion carried on a unanimous voice vote.


4. Department of Agriculture – Patrick A. Takasugi
    Request for approval for deficiency warrant spending authority for the Potato Tuberworm Survey, Detection and Eradication Program, and the Brown Garden Snail Survey, Detection and Eradication Program.

    Audience with the Board: Michael Cooper said Tuberworms have been in the Columbia basin for the last few years, and have recently become a problem. Mr. Cooper said last summer the University of Idaho and the Potato Commission put Tuberworm traps across the state as part of a pilot survey. Mr. Cooper said the Department of Agriculture needs to conduct a more extensive survey in order to get ahead of the Tuberworm problem.

    Mr. Cooper said the Brown Garden Snail is an evasive species found at the Botanical Gardens. Mr. Cooper said it is possible that nearly 60 community members have the Brown Garden Snail in their own yards.

    Discussion: Mr. Foltman asked if Tuberworm trapping is a personnel cost or contracted out. Mr. Cooper said the Department of Agriculture will use a combination of both. Mr. Cooper said some summer trappers will be utilized as seasonal temporary personnel and some new employees will be hired in eastern Idaho.

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


5. Bureau of Hazardous Materials, Division of Military, Executive Office Of Governor – Mary Halverson

    Request for authorization to issue deficiency warrants for reimbursement of response costs pursuant to Idaho Code §39-7110.

    Audience with the Board: Joni Booth said the ID # on the last item was incorrect and should be changed from 2005-2059 to 2005-2459.

    Resolution: Mr. Goodenough moved to approve item 5. Mr High seconded the motion. The motion carried on a unanimous voice vote.

    ID #
    Description
    Amount
    Comments
    Date to Board
      2005-1754
    Diesel Spill / HazMat
    298.94
    Incident on Upper Black Lake Road in St. Maries, involving an overturned dump truck that was leaking diesel. Incident date: 5/20/05
    9/19/05
      2005-1810
    Fuel Leak / HazMat
    1482.50
    Incident in Tensed, ID, involving a diesel spill at the refueling card lock on Hwy. 95, mp 382. Incident date: 5/24/05
    9/19/05
      2005-1829
    HazMat
    2329.97
    Incident in Bayview, ID, involving a sinking boat that was leaking fuel and oil into Lake Pend O’reille. Incident date: 5/26/05
    9/19/05
      2005-1878
    Diesel Spill / HazMat
    538.88
    Incident in Meridian involving a diesel spill that went down a drain leading to Ten-Mile Creek. Incident date: 5/29/05
    9/19/05
        2005-1936
    Diesel Spill / HazMat
    1832.40
    Incident in Priest River involving an overturned logging truck that spilled an estimated 70-75 gallons of diesel and 20 gallons of oil that ran into an overflow drain. Incident date: 6/1/05
    9/19/05
        2005-1940
    Drug Lab
    1173.93
    Suspected drug lab found at 1172 B St., #4 in Plummer. Incident date: 6/2/05
    9/19/05
      2005-1943
    Drug Lab
    1033.41
    Suspected meth lab found at 3208 N. 17th in Coeur d’Alene. Incident date: 6/2/05
    9/19/05
      2005-1952
    HazMat
    3757.01
    Incident in Bear Lake involving an unknown substance in a 55-gallon drum. Unknown responsible party. Incident date: 6/2/05
    9/19/05
    2005-2025
    Drug Lab
    728.44
    Suspected meth lab found at 814 Pup Paw in Priest River. Incident date: 6/6/05
    9/19/05
    2005-2036
    Drug Lab
    457.24
    Suspected meth lab found at 1261 Crenshaw in Kuna. Incident date: 6/7/05
    9/19/05
    2005-2048
    Drug Lab
    2322.95
    Suspected drug lab found at 727 S. Substation Rd., in Emmett. Incident date: 6/8/05
    9/19/05
    2005-2052
    Diesel Spill / HazMat
    2025.51
    Incident in Kendrick, involving a collision between a logging truck and pick-up truck that caused 60-75 gallons of diesel to spill. Incident date: 6/9/05
    9/19/05
    2005-2059
    HazMat
    1595.61
    Incident in Cassia County near exit 237 on I-84 – unknown chemical had been dumped into a gravel pit on BLM land. Responsible party unknown. Incident date: 7/5/05
    9/19/05
    TOTALS
    $19,576.79
INFORMATIONAL AGENDA

6. Attorney General

    a. Notification that P. Jeffrey Archibald of the firm of Archibald Consumer Law Office in Madison, Wisconsin 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 the investigation of, refund and settlement negotiations arising out of, and, if necessary, in a litigation filed against some or all of the members of the pharmaceutical industry related to the industry’s use of “average wholesale price” drug price methodology.

b. Notification that Marty M. Raap, Deputy Prosecuting Attorney with the Kootenai 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 presenting oral argument before the Idaho Supreme Court in the referenced case.
c. Notification that Geoffrey S. Yarema of the firm of Nossaman, Guthner, Knox & Elliott in Los Angeles, California, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho, Idaho Transportation Department in the implementation of the Connecting Idaho GARVEE Program.

    7. State Controller’s Office
      Notification of closure of rotary fund 0875 for the Idaho Department of Corrections effective September 29, 2005.


    8. EideBailly
      Notification that EideBailly will audit the basic financial statements, of Legislative Services Branch for the year ended June 30, 2005 pursuant to Idaho Code §67-2027.

    9. Department of Lands

      Notification of payment of 35 employees for overtime when FLSA code changed. The total cost is $7,696.

      Discussion: Mr. Foltman asked if the 35 employees mentioned in item 9 changed jobs or were incorrectly coded. Mr. Foltman also asked if this case was part of an earlier proposal that reclassified certain individuals.

      Pam Nielsen said this was a separate issue that came about because of new FLSA code changes that occurred last summer. Ms. Nielsen said it caused a statewide review of all classified positions, which affected nearly 100 employees statewide. The Department of Lands had the majority of those 100 people. Ms. Nielsen said when employees changed they paid out overtime separately, whether they were paid time and a half or strait time. Ms. Nielsen said this was not done for the 35 state employees mentioned.

      Mr. Goodenough asked who sent the memo to the board. Ms. Nielsen said she sent the memo to the board as an information item, and apologized for the lack of formal communication.

      Dave High asked if the employees at the other state agencies had been paid.

      Dan Steckel said last August the feds came out with new regulations for the FLSA classification. The state found there were about 100 employees affected and 60 of those employees were from the Department of Lands. Mr. Steckel said 35 of the 60 employees at lands had balances that should have been paid off at that time. Mr. Steckel expects the 40 employees impacted at other agencies were paid, but asked Brandon Woolf if he knew the answer. Mr. Woolf was unaware if the 40 employees had been paid.

      Mr. High said it might be worth verifying whether or not the other state employees had been paid.

      Mr. Foltman asked if any legal issues were involved with the Department of Lands situation.

      Mr. Steckel said the Department of Lands was under no legal obligation to pay the 35 employees.

      Mr. Goodenough said it seemed odd that a quarter of the employees affected by this situation came from the Department of Lands. Mr. Goodenough asked if there was a perceived reason for this concentration.

      Mr. Steckel said 60 employees were firefighters who were misclassified. They were classified as covered employees, and should have been classified as professional. Mr. Steckel said the bulk of the 60 employees had jobs that caused them to perform non-firefighting duties more than 50 percent of the time. Mr. Steckel said this was the problem, they spend most of their time performing administrative duties and not being on the line.

      Pam Nielsen said these people are the resource managers, rain managers, foresters, lands resource managers etc. who also do firefighting.

      Mr. Goodenough asked if the 60 employees were considered professional or administrative. Ms. Nieslen said the 60 employees were considered professional.

      Mr. Woolf said the Controller’s Office recommended, out of courtesy, that the Department of Lands inform the board of their special Board of Examiners FLSA code. This code allows lands to pay overtime, when needed, to their exempt employees. Mr. Woolf said it is used mostly for firefighting. Mr. Woolf said Department of Land’s comp time proposals should be distinguished as a separate situation from the firefighting situation when they come before the board.

      Mr. Foltman said it looked like they were taking care of the issue.

      Mr. Goodenough asked if looking into this situation was an ongoing process. Ms. Nielsen said their review was complete.

      Mr. Foltman asked if the Department of Lands had the money needed to pay back the employees affected by the situation. Ms. Nielsen confirmed that they did.

      Mr. Goodenough asked for a letterhead communication.


    10. State Insurance Fund
    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of September 2005.

          Estimated expenditure for workers compensation claim costs, dividends and premium refunds
      $20,000,000.00
        Funds Expended in August 2005
        Workers Compensation Claim Costs
      9,584,091.06
        Dividend
      357.00
        Commissions
      22,281.46
        Policy Refunds
      459,271.30
        Total
      10,066,000.82
      b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of September 2005.
          Estimated expenditure for Petroleum Clean Water Trust Fund
      $750,000.00
        Funds Expended in August 2005:
        Payroll
      64,015.69
        Operations
      38,010.93
        Claim Costs
      134,461.95
        Total
      236,488.57

    Additional Discussion: Mr. High requested military contracts be placed on the consent agenda for ratification by the Board of Examiners.

    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 9:30 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 01:22:49 PM