STATE BOARD OF EXAMINERS
MINUTES – Subcommittee Meeting
October 12, 2010 – 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; 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; Rachelle Vance, Department of Health and Welfare; Dan Goicoechea, Office of the State Controller; and Deb Wonch, Office of the State Controller.
Resolution: Mr. Hammon moved to amend the agenda to remove item 1 (the Minutes) from the consent agenda and place it on the regular agenda for discussion. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on September 14, 2010.
Discussion: Mr. Hammon offered a correction to the minutes on page 3, item 5 from Idaho State Police. The 5th paragraph from the bottom of the page he asked to be removed and in its place, inserted a handwritten paragraph stating: “Mr. Hammon said the Board would, in most cases, want to be of assistance if a federal agency asked for assistance. However a blanket authorization may obligate the state to do whatever the federal government wanted.” In the next paragraph that begins “Mr. Hurst” Mr. Hammon requested to remove the second sentence. Mr. Hammon also requested to remove the entire last paragraph of page 3, as well as the fourth paragraph on page 4.
Mr. Olsen commented that in regards to the last recommended change, he remembered Mr. Hammon speaking those words. Mr. Olsen asked Mr. Hammon if he had concern about the context.
Mr. Hammon said he believed the next paragraph covers the same material and that he could rework the paragraph to say what he was trying to convey.
Mr. Olsen said he did not see the concern.
Mr. Hammon stated the concern would be if the State Police were to read this, he would want to re-word it more carefully, but that the paragraph itself was not necessary to include.
Mr. Hurst said that he would rather Mr. Hammon reword it. It was the discussion that took place.
Mr. Olsen said he frankly did not take the paragraph negatively.
Mr. Woolf asked if a copy of the audio would be helpful.
Mr. Hammon answered that he thought it was probably what he said, but he wanted to make sure the minutes were captured the way we intended it. Mr. Hammon read aloud what he intended to say in the previous meeting, “Mr. Hammon said that this practice allows the state to pay employees more than they would otherwise earn. The State Police is allowed to use ONL to pay overtime that the employee would otherwise not be eligible for. This is a benefit to the employee.” He said that these are very subtle differences, but this rewording captures it in a way that is more accurate. The first draft of wording it sounds as though the board believes the department is pulling something off on the state, which is not the case.
Resolution: Mr. Hammon moved to approve the minutes with the four changes mentioned above.
Discussion: Mr. Olsen said that his recollection is that these were the accurate comments which were made during the meeting and he did not take them to be inappropriate.
Mr. Hammon said he is afraid of someone four years from now reading these minutes out of context. They are minor changes, but appropriate for the record to stand on its own.
Resolution: Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
2. Bureau of Homeland Security
Discussion: Mr. Hammon asked regarding incident #130 if the responsible party had been identified.
Date to Board
|Suspected Drug Lab in a private residence. No Responsible Party (RP) identified at this time. Boise County.||10/5/2010|
|Chemical intentionally sprayed in a private residence. RP has been sent 30 & 10-Day letters. Prosecutor’s Office has been contacted and restitution paperwork received. Minidoka County||10/5/2010|
| Suspected biological agent mailed to the U.S. Attorney’s Office. FBI is overseeing investigation & identification of RP. Letter requesting notification of identification, and intent to seek restitution, submitted to overseeing FBI Agent. Ada County.||10/5/2010|
|Suspected biological agents mailed to Federal Courthouse & FBI Offices in CDA, ID. FBI is overseeing investigation & identification of RP. Letter requesting notification of identification, and intent to seek restitution, submitted to overseeing FBI Agent. Kootenai County.||10/5/2010|
2010-00136 Haz Mat/Mercury $1,723.24 Mercury spill at local movie theater. Insurance company is involved. RP paid in full – 9/20/2010. |10/5/2010|
|Pipe Bomb attached to a car. 30 & 10-Day Demand Letters submitted to both parties involved. Kootenai County. ||10/5/2010|
|Improvised explosive device found at a storage unit. 30 & 10-Day letters submitted. Working with County Prosecutor ahead of criminal charges for potential addition to restitution list. Nez Perce County. ||10/5/2010|
|Boat fire (and subsequent submersion), resulting in fuel leak in Hayden Lake. Payment arrangements made with RP (15 month plan). Kootenai County.||10/5/2010|
|Suspected Drug Lab in a private residence. 30 & 10 Day letters submitted. Working with County Prosecutor to establish restitution proceedings. Ada County. ||10/5/2010|
|Chemicals leaking from private storage of cans in various states of degradation. Resubmitted 30-Day Letter to RP 10/4/2010 after RP address was confirmed (original sent 9/7/10 was returned as undeliverable). Madison County.||10/05/2010|
Ms. Marsh answered that the Sherriff’s Department does not have a suspect yet.
Mr. Olsen asked about the medical payments on incident #131 and the folks who are listed on the sheet. The document says there were 5 people who worked 7 hours and made $40 an hour of overtime. The second sheet says they each made $50 an hour of overtime.
Ms. Marsh commented that Mr. Olsen was right and that their office missed that error.
Mr. Olsen said that there were several amounts as well as employees on the documents that were crossed out entirely. He asked if there was a reason for items being crossed out and hand-written in different amounts.
Mr. Dick answered that there was an instance where someone did not code their personnel time correctly and accidentally listed the regular time.
Ms. Marsh said that typically if there is a written change to any of the documents, it is something BHS has adjusted and corrected.
Resolution: Mr. Olsen moved to approve item 2 and place it on the consent agenda with the minor change. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
Discussion: Mr. Hammon inquired of incident 2009-237, a mercury spill at a private house which the state is not seeking recovery for. He asked BHS to research the incident and report back next month.
3. Military Division
Ratification of military contracts:
a. NGBID-11-C-0002 for State of Idaho Military Division Project: Building 1502-HVAC upgrade.
b. NGBID-11-C-0004 for State of Idaho Military Division Project: Exterior Lighting Upgrade- SE Gowen Field.
c. NGBID-11-C-0003 for State of Idaho Military Division Project: Building 710 Audio Visual Upgrade.
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. Department of Health and Welfare
a. Request that $111,233,700 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the 2nd quarter of Fiscal Year 2011.
b. Request that $63,275 be transferred from the Drug Court, Mental Health & Family Court Services Fund #0340 to the Cooperative Welfare Fund #0220 during the 2nd quarter of Fiscal Year 2011.
c. Request that $1,498,600 be reverted to the State General Fund.
Resolution: Mr. Hammon moved to approve item 4 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
5. Office of the State Controller
Annual moving expense reports by agency during Fiscal Year 2010.
6. Office of the Attorney General
a. Notification that Paul J. Augustine of the firm of Augustine 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 in the matters of Romey Espinosa and Arthur E. Allen.
b. Notification that Val Siegel, Prosecuting Attorney with the Shoshone County Prosecutor’s Office, 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 State of Idaho vs. Michael C. Ward.
c. 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 in the matter of Ricky Bray.
d. Notification that Daniel D. Taylor of the firm of Dunlap, Taylor & Gosnell-Taylor, PLLC, Jerome, Idaho, has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the State of Idaho Department of Health & Welfare, Child Support Services in child support enforcement actions on an ongoing basis.
e. Notification that Paul J. Augustine of the firm of Augustine 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 in the matter of Jody Gilbert.
7. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of August, 2010.
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of August, 2010.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in August, 2010:
Workers Compensation Claim Costs
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in August, 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.