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
November 6, 2003


The regular meeting of the Subcommittee to the State Board of Examiners was called to order at 700 West State Street, Boise, Idaho, at 9:00 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 Steve Allison, Office of the State Controller, as assisting secretary to the subcommittee.

Also present by invitation were Jeff Shinn, Peggy Davis, Gary Ward, Michael Everett, Kelly Nielsen, Joanna Guilfoy, Bobbi Eckerle and Robert Huntley.


· CONSENT AGENDA
1. Minutes—Approved

    Approval of official minutes for the subcommittee meeting of the Board of Examiners on September 4, 2003.

Resolution: Mr. Goodenough moved to approve the minutes as presented. Mr. High seconded the motion. The motion carried with a unanimous voice vote.

· REGULAR AGENDA
2. Idaho State University—Approved

    Request for authorization to reimburse moving expenses as cited in the following table.
        Position
    PCNDepartmentSalaryUp to Amount
      a. Director / Instructor
    Health Occupations / Registered Nursing Program, College of Technology
    $55,000
    $5,000
        b. Asst. Athletic Director / Marketing
    Administration, Intercollegiate Athletics
    $55,000
    $2,750
        c. Asst. Coach
    Women’s Basketball, Intercollegiate Athletics
    $37,000
    $1,850
      d. Instruction / Reference Librarian
    Library
    $34,008
    $2,500


      Position
PCNDepartmentSalaryUp to Amount
    e. Research Assoc. Professor
Institute of Rural Health
(Prior $2,000 approved 5/8/2003; request additional $2,500 for total of $4,500
$65,000
$4,500

    Ratification of the moving reimbursement as approved by buck slip October 6, 2003 and cited in the following table.

        Position
    PCNDepartmentSalaryUp to Amount
      f. Clinical Asst. Professor
    Physician Asst. Studies, College of Health Professions
    $65,000
    $2,000
        g. Visiting Asst. Professor
    Music, College of Arts & Sciences
    $36,000
    $500
      h. Asst. Coach
    Football, Intercollegiate Athletics
    $13,500
    $500
Audience with the Board: Mr. Shinn, Fiscal Officer for the Office of State Board of Education, pointed out the request for additional moving expense reimbursement for the Research Assoc. Professor (e). The additional amount would bring the total to $4,500.

Discussion: Mr. Foltman asked if these requests were similar to those of peer institutions in other states? Mr. Shinn did not know, but offered to investigate and report to the board. Mr. Foltman asked for such information in the future.

Resolution: Mr. High moved to approve items 2(a-h). Mr. Foltman seconded the motion. The motion carried with a unanimous voice vote.

3. Lewis-Clark State College—Approved

    Request for authorization to reimburse moving expenses as cited in the following table.
        Position
    PCNDepartmentSalaryUp to Amount
      a. Chief Technology Officer
    Information Technology
    $70,000 - 75,000
    $5,000
      b. Dean, Academic Programs
    Office of the Provost
    $65,000 - $74,506
    $5,000
Resolution: Mr. Goodenough moved to approve items 3(a-b). Mr. High seconded the motion. The motion carried with a unanimous voice vote.

4. University of Idaho—Approved

    Request for authorization to reimburse moving expenses as cited in the following table.

        Position
    PCNDepartmentSalaryUp to Amount
      a. Assistant Director
    New Student Services
    $32,177 - $34,000
    $500
        b. Postdoctoral Fellow
    Biological Sciences
    $48,000 - $51,000
    $5,000
        c. Academic Coordinator
    International Programs
    $32,000 - $34,000
    $1,500
        d. Postdoctoral Fellow
    Fish & Wildlife
    $34,000 - $36,000
    $500
        e. Marketing / Recruitment Coordinator
    University Residences
    $38,000 - $42,000
    $5,000
        f. Temporary Instructor
    Engineering—Boise
    $43,000 - $45,000
    $5,000
        g. Asst. Professor
    Philosophy
    $40,000 - $43,000
    $5,000
        h. Asst. Professor
    Plant, Soil, Entomological Science
    $45,000 - $50,000
    $5,000
        i. Director of Development
    College of Law
    $25,000 - $30,000
    $5,000
        j. Postdoctoral Researcher
    Microbiology, Molecular Biology, Biochemistry
    $30,000 = $40,000
    $5,000
        k. Asst. Professor, Creative Writing
    English
    $39,000 - $41,000
    $5,000
        l. Asst. Professor, Rhetoric/Composition
    English
    $37,000 - $41,000
    $5,000
        m. Asst. Research Geologist
    Idaho Geological Survey
    $40,000 - $50,000
    $5,000
        n. NIH Postdoctoral Fellow
    Animal Veterinary Science
    $28,000 - $35,000
    $5,000
      o. Postdoctoral Research Scientist
    Forest Resources
    $40,000 - $42,000
    $1,000
Audience with the Board: Ms. Ewert expressed regret that Marty Peterson was unable to attend the meeting and requested on his behalf approval of the submitted requests.

Resolution: Mr. Foltman moved to approve items 4(a-o). Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

5. Boise State University—Approved

    Request for authorization to reimburse moving expenses as cited in the following table.
        Position
    PCNDepartmentSalaryUp to Amount
      a. Parking Manger
    3514Parking & Transportation
    $38,000
    $5,000
        b. Asst. Professor
    2547Chemistry
    $45,000
    $5,000
        c. Professor
    2543Material Science & Engineering
    $60,000 - $75,000
    $5,000
        d. Professor
    2544Material Science & Engineering
    $60,000 - $75,000
    $5,000
        e. Asst. Professor
    2003Art
    $40,000
    $5,000
        f. Asst. Professor
    2238Psychology
    $40,000
    $5,000
        g. Asst. Professor
    2233Psychology
    $40,000
    $5,000
        h. Asst. Professor
    2495Psychology
    $40,000
    $5,000
        i. Asst. Professor
    2088Criminal Justice
    $40,000
    $5,000
        j. Asst. Professor
    2087School of Social Work
    $48,000
    $5,000
        k. Asst. Professor
    2523Political Science
    $41,000
    $5,000
        l. Head of Cataloging & Online Catalog
    1607Albertson’s Library
    $50,000
    $5,000
        m. Developer Analyst, Student Applications
    1256Office of Information Technology
    $43,000
    $5,000
        n. Telephone Systems Engineer
    3003Office of Information Technology
    $40,000
    $5,000
      o. PeopleSoft Application Systems Analyst
    3055Office of Information Technology
    $56,000
    $5,000

    p. Request for authorization to amend reimbursement for moving expenses for Dr. Use Reischl, Director of the Center for Health Policy, by adding $2,800 more for reimbursement of moving expenses. Dr. Reischl was approved for $5,000 on June 6, 2002 and was reimbursed $2,200 of that amount. He was unable to move his entire household before the approval expired due to his wife’s previous commitment to complete her teaching contract with the University of South Florida in Tampa. She was unable to relocate before July 1, 2003. Dr. Reischl’s salary is $60,000; PCN number is 3096.


Audience with the Board: Ms. Davis stated that items a-o are requests for approval before offering moving reimbursements to candidates and item p is an amended reimbursement due to a delay in utilizing full amount of an approved moving expense reimbursement previously approved by the board.

Discussion: Mr. Foltman inquired if there was a year limit to utilize an approved moving reimbursement amount and for item p exceeding a year, did the board need to reauthorize any reimbursements? Ms. Ewert replied that none existed in Idaho code or policy, but agencies tended to follow IRS standard, which she believed was a year. The subcommittee discussed item p not exceeding the original approved allowance.

Resolution: Mr. High moved to approve items 5(a-o) and item 5(p) provided the total reimbursement did not exceed the maximum of the originally approval. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

6. Legislative Services Office—Approved

    Ratification of the moving expense reimbursement as approved by buck slip on October 9, 2003 for Shree Sundaresan, IT Programmer Analyst, Sr., for up to $1,000.

Resolution: Mr. High moved to ratify the buck slip approval for moving reimbursement as submitted. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

7. Bureau of Hazardous Materials, Division of Military, Executive Office of Governor—Recommend approval by the board

    Request for authorization to issue deficiency warrants for reimbursement of response costs incurred during September and October pursuant to Idaho Code §39-7110.
    ID #
    Description
    Amount
    Comments
    Date
      a. 2003-1942
    Diesel Spill
    137.80
    Vehicle accident
    5/28/03
      b. 2003-2477
    Chemical Spill
    392.18
    Aerial contaminant w/exposure
    7/1/03
      c. 2003-2514
    Diesel Spill
    882.89
    Vehicle accident, fuel in waterway
    7/3/03
      d. 2003-3050
    Drug lab
    1242.39
    Typical
    7/31/03
      e. 2003-3367
    Biohazard
    85.64
    Retrieved pkg from police and deliver to lab
    8/17/03
      f. 2003-2188
    Biohazard
    680.85
    Substance on roadway
    6/12/03
      g. 2003-3083
    Drug Lab
    760.74
    Typical
    8/2/03
      h. 2003-1649
    Spill
    2562.73
    Gasoline leaking from underground pipes
    9/12/03
      i. 2003-3543
    Hazmat
    1773.04
    Blasting caps by road
    8/28/03
      j. 2003-3052
    Drug Lab
    374.36
    Typical
    7/31/03
      k. 2003-3530
    Mercury spill
    3958.09
    Large qty of mercury spilled in garage and driveway
    8/27/03
      l. 2003-3156
    Drug Lab
    499.60
    Lab in vehicle
    8/4/03
      m. 2003-3938
    Biohazard
    364.41
    Suspicious powder at tax commission
    9/22/03
      n. 2003-3068
    Biohazard
    50.00
    Unknown powder in an envelope at Jerome County Courthouse
    8/1/03
      o. 2003-4097
    Hazmat
    3236.55
    Unknown substance in river
    10/3/03
    Total
    $17,001.27
Discussion: Mr. Foltman asked the agency to give some description other than “typical” in the future request summaries. Mr. Ward agreed.

Resolution: Mr. Foltman moved to recommend approval by the board on the consent agenda. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

8. Division of Military, Executive Offices of the Governor—Recommend approval by the board

    Request to pay $5,152.35 to the State Insurance Fund for workers’ compensation claims for members of the Idaho National Guard during the quarter ending September 30, 2003 pursuant to Idaho Code §72-928.

Resolution: Mr. High moved to recommend approval by the board on the consent agenda. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

9. Department of Agriculture—Hold for further consideration

    Request to amend the state travel policy to apply an exception to partial day meal or the daily per diem reimbursement limits when state employees are conducting state business for the purpose of promoting trade or commerce. The department suggests the same exception as allowed for official conferences (See Travel Policy citation below).

      State Travel Policy--Appendix B Official Conferences or Conventions

      The above limits upon partial day per diem reimbursements do not apply to official conferences or conventions as described in 11.1 herein whether at the official station or not. As to such conferences or conventions, only the statutory daily limits of I.C. §67-2008 will apply.

Audience with the Board: Mr. Everett described employees of Agriculture and Commerce having to use personal funds to pay for meals above the state per diem amount because they are participating in an agency event for trade and commerce. Most such meals involve international participants with whom more expensive meal accommodations are expected. He also expressed concern about these employees having to personally finance alcoholic refreshments without reimbursement since such refreshments may be a cultural expectation and the state does not reimburse expenditures for alcoholic beverages. He thought this might be something to consider later. This request asked for agency directors to have the authority to identify qualifying events and grant exception to the per diem reimbursement of the state travel policy.

Discussion: Mr. Allison asked if the request was to allow the federal per diem rates or actual costs. Mr. Everett replied that is was for actual costs. Mr. High inquired if a similar authorization had been given to Commerce? Mr. Everett recalled a letter about 12 years ago to Commerce, but was uncertain of its content. Mr. High then asked if this policy adjustment would apply only to international trade and commerce. Mr. Everett agreed and noted that 70% of Idaho’s agricultural products must be exported and must compete in the international marketplace for buyers.

Mr. Foltman remarked that international trade and commerce was increasing and the agency needed flexibility, yet he was concerned with the lack of checks and balances in a simple exemption: who decided that an event is trade or commerce; what qualified as such events; which agencies would be included in the exemption; and the language of the amendment in the policy. He would like to see some review and an amendment to the policy rather than some blanket authority and exemption. Mr. Goodenough asked to see the letter that was written12 years ago. Mr. Everett agreed to find a copy.

Mr. High suggested that SCO, Commerce and Agriculture work together to draft a policy statement for this situation. Mr. Allison suggested that the Fiscal Policy Advisory Committee (FPAC) should coordinate this review and recommend parameters for an amendment or other action. Mr. Everett noted that these expenses account for less than $5,000 per year and said that legislators also have had to personally pay for meals and refreshments while conducting state business. Mr. High inquired if there were any employees currently needing reimbursements? Mr. Everett said no.

Resolution: Mr. Allison recommended holding this issue until December 2003 pending review and recommendations by FPAC and the Department of Agriculture. The subcommittee members agreed.

10. Department of Administration—Recommend approval by the board

    a. Request for recognition of assignment as executed by Assignor Rick Yzaguirre of Eagle, Idaho and Assignee John Wagers, of Boise, Idaho for a real property lease regarding the State of Idaho, by and through the Idaho State Liquor Dispensary as ‘Lessee’ and Lessee’s occupancy of 174 West State Street, Eagle, Idaho, pursuant to Idaho Code §67-1027.

    b. Request for recognition of assignment as executed by Assignor Wallace-Hudson & Associates of Pocatello, Idaho, and Assignee Wallace & Booth Architects, LLC, of Pocatello, Idaho, for a transfer of interest in three (3) DPW Projects pursuant to Idaho Code §67-1027:

      1) DPW Project No. 04090, CSI Scott’s Building Roof Replacement

      2) DPW Project No. 04220, ISU Mech/Tech Building Roof Replacement

      3) Contract for Roofing Architectural Services for FY2004 and Fy2005.


    c. Request for approval of a Memorandum of Understanding (MOU) between the Idaho State Agency for federal surplus property, Division of Purchasing, Department of Administration, and the GAS Property Office pursuant to Idaho Code §67-5740(e).

Audience with the Board: Ms. Guilfoy described each item giving background information on item (c). Ms. Eckerle explained the state’s processes in receiving, warehousing and disposing of surplus federal property in Idaho.

Discussion: Mr. Foltman inquired about item(b) in which the two parties appeared to be closely related. Ms. Guilfoy explained a separation of functions and/or ownership called for the transfer of obligations.

Resolution: Mr. High moved to recommend approval of item 10 by the board. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

11. Attorney General—Recommended as informational item to the board

    a. Notification that Robert E. Bakes of the firm of Moffatt, Thomas, Barrett, Rock & Fields has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing Judge Deborah A. Bail in the case of State of Idaho v. Fourth Judicial Court and District Judge Deborah A. Bail, Idaho Supreme Court Docket No. 29203.

    b. Notification that Andrew Bohrnsen of the firm of Bohrnsen & Stowe in Spokane, Washington, 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 case of Bailey, et al. v. State of Idaho, et al., Case No. CV PI 02-00079.

    c. Notification that Peter C. Erbland of the firm of Paine, Hamblen, Coffin, Brooke & Miller 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 case of Cole v. Estate of Patrick Gleason, et al., Superior Court of Washington, Whitman County, Colfax, Washington, Case No. 032001897.

    d. Notification that Richard A. Skinner of the firm of Skinner Fawcett has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general to provide bond counsel services to the Idaho Water Resources Board in the matter of Water Resource Development Revenue Warrants, Bonds, or Notes Series 2003 (Last Chance Canal Company, Ltd.--Flume Replacement Project).

    e. Notification that Richard A. Skinner of the firm of Skinner Fawcett has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general to provide bond counsel services to the Idaho Water Resources Board in the matter of Water Resource Development Revenue Bonds Series 2003 (Tamarack LLC).

    f. Notification that Mary A. Brauer of the firm of Reinhart, Boerner, Van Deuren, P.C. has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of providing legal advice and counsel related to the Idaho State Board of Education’s Optional Retirement Program.


Resolution: Mr. High moved to place items 11(a-f) onto the informational agenda for the board. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

12. Whitepine School District No. 288 (Amended agenda item)—Recommend place on regular agenda without recommendation

    Request to approve a claim for $377,555 to fulfill the statutory grant formula pursuant to the School Safety and Health Revolving Loan Fund. By formula, Whitepine Joint School District #288 should have received $784,000 in subsidies. However, its application was the last one received, and by the time it was processed, the balance of the fund failed to remit the full amount. The School District respectfully requests board approval and recommendation to the Legislature to pay the balance of their allocation with this claim.

Audience with the Board: Mr. High introduced Mr. Robert Huntley, attorney for the school district, and noted that Attorney General Wasden invited this claim to assist Whitepine School District. Mr. Huntley summarized the program, how Whitepine failed to receive its full allotment, and that many supported fulfilling this promise to the district.

Discussion: Mr. High noted that General Wasden favorably supported this claim and suggested placing the item on the regular agenda. Mr. Foltman inquired why this could not be resolved through a budget request of the Department of Education? Mr. High explained that the program provided the funds, yet the funds were insufficient. Therefore, it would require an appropriation for the balance. In the Constitution, the Board of Examiners reviewed all claims, and if valid and lacked an appropriation, the board would submit the claim to the legislature for appropriation. This process would affirm the accuracy of the claim, which would then be presented to the legislature by the board with or without a recommendation for payment. Mr. Foltman inquired if a recommendation from the Department of Education was needed? Mr. High said that is possible, but the Treasurer’s Office originally administered this program.

Resolution: Mr. High moved to place item 12 on the regular agenda without recommendation from the subcommittee. Mr. Goodenough seconded the motion. The motion carried with a unanimous voice vote.

· INFORMATIONAL AGENDA
13. State Controller’s Office—Refer to FPAC for further consideration

    Presentation of comments by target agencies and groups regarding the proposed amendments to the State Moving Policy. A revised draft of the policy is also provided for review and discussion.

14. State Controller’s Office
    Notification of the Endowment Fund Investment Board closing a rotary fund effective October 24, 2003. Any remaining funds were returned to the reserve administrative fund and all related transfer transactions were completed.

15. State Insurance Fund
    a. Notification of the State Insurance Fund estimate of expenses to be paid by sight drafts and prior month’s disbursements for September 2003.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $15,000,000.00
      Funds Expended in August 2003
      Workers Compensation Claim Costs
    9,422,658.87
      Dividend
    0
      Commissions
    23,300.94
      Policy Refunds
    223,922.01
      Total
    $9,669,881.82
    b. Notification of the State Insurance Fund estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft and the funds expended in the prior month of September 2003.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00

      Funds Expended in August 2003:
    Payroll
84,286.99
    Operations
22,332.01
    Claim Costs
204,941.54
    Total
$311,560.54
    c. Notification of the State Insurance Fund estimate of expenses to be paid by sight drafts and prior month’s disbursements for October 2003.
        Estimated expenditure for workers compensation claim costs, dividends and premium refunds
    $15,000,000.00
      Funds Expended in September 2003
      Workers Compensation Claim Costs
    9,167,371.44
      Dividend
    0
      Commissions
    2,073,409.60
      Policy Refunds
    150,918.64
      Total
    $11,391,699.68
    d. Notification of the State Insurance Fund estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft and the funds expended in the prior month of October 2003.
        Estimated expenditure for Petroleum Clean Water Trust Fund
    $750,000.00
      Funds Expended in September 2003:
      Payroll
    58,249.53
      Operations
    6,934.45
      Claim Costs
    178,813.76
      Total
    $243,997.74

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 10:35 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.
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