STATE BOARD OF EXAMINERS
MINUTES – Sub-committee Meeting
November 8, 2011 – 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; Brian Kane, Deputy Attorney General, and Brandon Woolf, Office of the State Controller, as assisting secretary to the subcommittee.
Also present by invitation were: Jarod Dick, Bureau of Homeland Security; David Fulkerson, Division of Financial Management; Joni Booth, Department of Labor; John McAllister, Department of Labor; Toni Shores, Department of Labor; Nick Leonardson, Department of Labor; Mike Doxtator, Department of Labor; Keith Bybee, Legislative Services Office; Shelby Kerns, Division of Financial Management; and Deborah Wonch, Office of the State Controller.
Approval of official minutes for the meeting of the Sub-committee to the Board of Examiners on October 11, 2011.
Resolution: Mr. Kane moved to approve item 1. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.
2. Bureau of Homeland Security
Resolution: Mr. Kane 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.
Date to Board
Suspected Drug Lab
|Suspected drug lab in private residence. (PAYETTE COUNTY)||11/08/2011|
Suspected Drug Lab
|Suspected drug lab in private residence. (BONNER COUNTY) ||11/08/2011|
|Overturned commercial vehicle resulting in propane spill. Insurance company is involved. (ONEIDA COUNTY)||11/08/2011|
3. Military Division
Request for approval pursuant to Idaho Code §72-928 of payment of worker’s compensation claims for members of the Idaho National Guard, resulting while the soldier was on duty in the amount of $2,526.33.
Discussion: Mr. Woolf noted that this compensation will expire May 20, 2013.
Resolution: Mr. Kane 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. Military Division
Ratification of military contracts:
NGBID-12-C-0001 for Snake River Training Facility Water Tank Repair.
NGBID-12-C-0002 for Repair Parking Lot – Building 669.
Resolution: Mr. Kane 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. Ada County Sheriff
Request for approval pursuant to Idaho Code §31-2219, and Idaho Code §31-3203, for prisoners sentenced to ISCI and transported to the Ada County Jail upon a Judgment of conviction or a Return on a Board Warrant for July 2011 though September 2011.
Discussion: Mr. Woolf commented that the numbers have been reviewed and are accurate. The Department of Correction will pay the claim.
Mileage at $.40 per mile…$1,315.32
Mileage at $.25 per mile…$1,732.64
Total of Claim:…$3,047.96
Resolution: Mr. Kane moved to approve item 5 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
6. Division of Financial Management
Review and discuss Board policy regarding authorization of spending from the “Penalties and Interest” account at the Idaho Department of Labor.
Discussion: Mr. Hammon said the Governor asked for this item to be placed on the Board agenda discussing Penalties and Interest expenditures.
Ms. Kearns explained it is set up in code that way. The fund is perpetually appropriated to the director with the written consent of the Board of Examiners.
Mr. Hammon said he could not find anything that says it is a one-time appropriation. Last month the Department requested an ongoing request and the Board approved it one time. The Department does have spending authority from the Board of Examiners for ongoing things. The Governor is not bringing a recommendation.
Mr. Tim Hurst said it gives the appearance that Labor is going around the budgeting process by appropriating funds from this account. The code does say “for any lawful purpose” but it goes on to give examples of situations that are not regular operating expenses.
Mr. Kane said he is leery of perpetual appropriations because the constitution says the legislature’s authority over the budget is plenary. By doing this Labor is tying the hands of future legislatures because they are saying we have already appropriated this money, and therefore the legislature does not necessarily have discretion over that, which as a legal premise, is not defensible. Is this something the legislature would have approved, or are you avoiding going through the legislative procedure? If the circumstance is something that is foreseeable and we can plan for it, the request needs to go through the legislative process. Things like this should be the exception, not the rule.
Mr. Hammon said the Board needs to have a discussion with Labor and keep them in the loop on any new rules and criteria. There has not been a single perpetual appropriation approved since Governor Otter has been in office.
Mr. McAllister said they will do whatever the Board and legislature wishes.
Mr. Kane inquired of the fund’s balance.
Mr. McAllister answered $3 million before the October approval.
7. Office of the Attorney General
a. Notification that Murray D. Feldman of the firm of Holland & Hart, LLP, has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the Idaho Transportation Department in the case of Clark Fork Pend Oreille Coalition, Inc., v. Idaho Transportation Department.
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 case of Roberts v. State of Idaho.
c. Notification that Richard K. Linville, Prosecuting Attorney with the Gem 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 case of Rayl G. Waldner Real Property Forfeiture.
8. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of September, 2011.
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of September, 2011.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in September, 2011:
Workers Compensation Claim Costs
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in September, 2011:
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.