STATE BOARD OF EXAMINERS
MINUTES – Subcommittee Meeting
November 10, 2009 – 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; Chuck Goodenough, 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: Mark McClaine, Bureau of Homeland Security; Mary Halverson, Bureau of Homeland Security; Bob Wells, Bureau of Homeland Security; Ike Kimball, Department of Health and Welfare; Brent Reinke, Department of Correction; Jodi Osborn, Department of Health and Welfare; Dan Goicoechea, Office of the State Controller, Tim Hurst, Office of the Secretary of State; and Debbie Wonch, Office of the State Controller.
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on October 13, 2009.
Resolution: Mr. Goodenough moved to approve item 1 and place it on the consent agenda. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.
2. Department of Administration
Request for recognition of assignment pursuant to Idaho Code §67-1027 from Shively Investments LLC to Westfield Plaza LLC.
Resolution: Mr. Hammon moved to approve item 2 and place it on the consent agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.
3. Bureau of Homeland Security
Date to Board
|Barge leaking diesel fuel & hydraulic oil into river. In the process of recovering, insurance is involved.||11/3/2009|
|Suspected drug lab in private residence. In the process of recovering. Respective County Prosecutors have been contacted regarding possible addition to responsible parties’ restitution list if convicted.||11/3/2009|
|Tug boat leaking diesel fuel into Lake Pend Orielle. In the process of recovering, insurance is involved ||11/3/2009|
|Vehicle in canal, leaking fuel & oil. In process of recovering, sent to IDOC PO 10/29/2009||11/3/2009|
|Chlorine leak at water treatment plant in Priest River. In the process of recovering, insurance is involved.||11/3/2009|
Discussion: Ms. Halverson noted that the Bureau is working with county prosecutors and responsible parties for drug labs to help pay restitution. Sometimes they will make the responsible party pay for the drug lab cleanup before they are released from jail.
Resolution: Mr. Hammon moved to approve item 3 and place it on the consent agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.
4. Health and Welfare
a. Request to adjust the transfer of funds from the General Fund to the Cooperative Welfare Fund #0220 in response to the Governor’s 3.3% budget holdback. The total budget holdback for the Department of Health & Welfare is $15,255,600, resulting in an adjusted General Fund appropriation of $447,035,500 for SFY 2010. The November and December transfers have been adjusted from the amounts reported in the September 10, 2009 letter to reflect the budget holdback.
Discussion: Mr. Woolf noted that there was a request from the Department last month. Based on the budget holdbacks, the total budget holdback for them was $15,255,600.
Mr. Olsen inquired whether they are taking $15 million less these months than normal due to the holdback.
Mr. Kimball stated that was correct. This request adjusts the general fund appropriation amount for the state fiscal year. The department is applying the reduction of $15,255,600 on a monthly basis between November and the end of the year.
Mr. Hammon noted that should the holdback expire, they would have to change it back. But the odds of that are slim.
Resolution: Mr. Hammon moved to approve item 4 and place it on the consent agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.
5. Office of the State Controller
The Internal Revenue Service increased the federal meal and incidental expense rate on October 1, 2009, from $39.00 per day to $46.00 per day. This item may be voted on at the discretion of the board.
Discussion: Mr. Woolf noted this item was on the agenda last month, but a few questions were asked and was requested to be put on hold until this month. The question from Mr. Goodenough last month was if there was a difference if the state did not increase this rate, and what type of tax impact this may or may not have on an individual. Mr. Woolf contacted the State Tax Commission and found out that yes, an employee could claim the difference. But the unreimbursed meals are reduced by 20%, and the remaining expense is an itemized deduction subject to the 2% of AGI limitation. These limitations and the requirement to itemize the deduction means that many employees would not receive any tax benefit from the unreimbursed expenses.
Mr. Olsen asked if the result of this would be that any state employee, whether they travel in state or out of state would be reimbursed for their meals at the rate of $46 a day.
Mr. Woolf answered that yes, the $46 is the new federal rate. The State Controller’s Office is not requesting this be updated, but is just informing the Board of the federal rate increase.
Mr. Hammon asked if the new rate applied to in state meals as well.
Mr. Woolf responded it was just for out of state meals.
Mr. Hammon said that most out of state travel is for conferences, in which the meals are provided.
Resolution: Mr. Hammon moved to take no action and defer the item until future consideration by the Board may merit it. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.
Discussion: Mr. Goicoechea commented that there is not a lot of travel going on at this time, but the Controller’s Office would be happy to track these numbers and keep the Board apprised of this issue if a direct impact on employees is seen.
6. Ada County
Request for approval pursuant to Idaho Code 18-2507, for the payment of costs incurred by Ada County for the prosecution of State Penitentiary inmates in the amount of $5,977.57.
Discussion: Mr. Woolf said that these are standard charges that are pursuant to an agreement the county has with the state. Ada County will continue to send these to our office whenever they receive the information from the prosecuting attorney’s office.
Mr. Olsen asked why the state deputy attorney generals are not prosecuting these cases.
Mr. Reinke answered that it depends on the locale. When an instance in the county jails occurs, the county it happened in is responsible for prosecuting the inmate.
Resolution: Mr. Hammon moved to approve item 6 and place it on the consent agenda. Mr. Goodenough seconded the motion. The motion carried on a unanimous voice vote.
7. 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 $2,487.21.
Resolution: Mr. Goodenough moved to approve item 7 and place it on the consent agenda. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.
8. Department of Correction
Request to waive $2,215.59 repayment of moving expenses for former employee Judi Gregory who retired prior to fulfilling the three-year requirement for moving expenses.
Discussion: Mr. Reinke explained that Ms. Gregory lived in Texas and the Department asked her to move back to Boise to help develop a workforce plan. Mr. Reinke had already worked with Ms. Gregory in the past for seven years at Juvenile Correction. The problem was that five months before her retirement, she experienced life-threatening health issues. Mr. Reinke requested that she retire early. The Department is asking that $2,215.59 be waived. She was originally planning to stay with the state for another 5 years before her retirement, but that just was not possible; she left in August of 2009.
Mr. Olsen said the Board can exempt employees from the policy based on the nature of their circumstances.
Resolution: Mr. Goodenough moved to approve item 8 and place it on the consent agenda. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.
9. Office of the Attorney General
a. Notification that Anthony M. Valdez, Valdez Law Office, PLLC, 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 case of Dale Snow and Martha Boyer.
b. Notification that Lawrence E. Kirkendall, Attorney at Law, 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 matter of Estelle Lieske.
c. Notification that Mary V. York and Murray D. Feldman of the firm of Holland & Hart, LLP, have been appointed pursuant to Idaho Code §67-1409 as special deputy attorneys general for the purpose of representing and defending the Idaho Transportation Department in legal matters concerning the administrative complaint by the United States Environmental Protection Agency against ITD and Parsons RCI, Inc..
10. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of September, 2009.
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of September, 2009.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in September, 2009:
Workers Compensation Claim Costs
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in September, 2009:
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.