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
November 17, 2015 – 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: Steven Olsen, Office of the Attorney General; Jani Revier, Division of Financial Management; Tim Hurst, Office of the Secretary of State; and Brian Benjamin, Office of the State Controller, as assisting secretary to the subcommittee.

    Also present by invitation were: Wayne Harris, Bureau of Homeland Security; David Fulkerson, Division of Financial Management; and Debbie Wonch, Office of the State Controller.
CONSENT AGENDA

1. Minutes
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on October 13, 2015.

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


REGULAR AGENDA

2. Department of Administration
    Request for recognition of assignment pursuant to Idaho Code §67-1027 from Snow Holdings, LC to Albertsons Companies Inc. (Lessee is the Idaho State Liquor Division.)

    Resolution: Mr. Hurst moved to approve item 2 and place it on the consent agenda. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.


3. Bureau of Homeland Security
ID#
Description
Amount
Comments
Date to Board
2015-00130
Explosive Device
$689.48
Response to an IED discovered in residence. (LATAH COUNTY)
11/12/2015
TOTAL
$689.48
    Discussion: Mr. Benjamin explained that the response was from the Spokane Bomb Squad, and the home was in Julietta. It was a probationer’s home in Julietta. They came to his home to arrest him, and did a search according to his probation agreement. During the search of the residence, they found a type of bomb made out of a CO2 cartridge. They took a photo of it and sent it to the bomb squad. It turned out to be a deadly “cricket” bomb. The squad responded and was able to disable the device and conserve the evidence.

    Mr. Hurst asked if that is the only bomb squad in northern Idaho.

    Mr. Harris answered that it is. There are four squads in the whole state.

    Resolution: Mr. Hurst 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. Ada County Clerk
Request approval pursuant to Idaho Code §18-2507 for costs incurred by Ada County for the prosecution of State Penitentiary inmates in the amount of $2,331.95.

Discussion: Mr. Benjamin explained that these costs include mostly the prosecutor’s time, as well as security for the courtroom, and secretarial work. These are inmates housed at the state facility. R

Resolution: Mr. Hurst moved to approve item 4 and place it on the consent agenda. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.

5. Ada County Sheriff’s Office
Request approval pursuant to Idaho Code §31-2219 and §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 2015 through September 2015 in the amount of $2,943.16.

Resolution: Mr. Olsen 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. Office of the Attorney General
Request approval for settlement of attorneys’ fees claim in Latta v. Otter, et al. in the amount of $34,000 and for payment of court-ordered costs in the amount of $502.70. It is requested that these be submitted to the Constitutional Defense Council for payment from the fund created under Idaho Code §67-6301.

Discussion: Mr. Benjamin distributed a report of the current status of the Constitutional Defense Fund.

Mr. Zanzig commented that this case is now concluded. The only remaining matter to deal with is the final attorneys’ fee request from the plaintiff’s counsel. The plaintiffs have already sought and received orders awarding them fees of two prior occasions; one following the judgement of the district court, and a second time after they prevailed in the 9th Circuit. In those situations we did not agree with the requests that were made, and we imposed them to get the fees reduced. We got reductions amounting to about $140,000 combined in those two requests. This final request comes for the time they spent opposing the petitions for writs of certiorari filed with the US Supreme Court by the Governor’s office and the State. This request was smaller in size and we had some discussion with the plaintiff’s counsel before they filed another motion. They were willing to discount their fees from about $38,400 down to $34,000. In addition, we would avoid having a liability for the costs that they would incur filing their motion with the court. There is also a smaller amount of $502.70 requested to be paid which is the combined total of two court orders that have never been paid, awarding taxable costs; one from the district court and one from the 9th Circuit.

Resolution: Mr. Hurst moved to approve item 6 and place it on the consent agenda. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote.


    INFORMATIONAL AGENDA


    7. Office of the Attorney General
    a. Notification that David W. Cantrill of the firm of Cantrill, Skinner, Lewis, Casey & Sorensen, LLP, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing Sara Thomas and Bill Wellman in the case of Tucker, et al. v. State, et al.

    b. Notification that Bren E. Mollerup of the firm of Benoit, Alexander, Harwood & High, LLP, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the State of Idaho, Industrial Special Indemnity Fund, in the matter of Steven Andrews.

    c. Notification that Bren E. Mollerup of the firm of Benoit, Alexander, Harwood & High, LLP, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the State of Idaho, Industrial Special Indemnity Fund, in the matter of Sidney Smith.

    d. Notification that Bren E. Mollerup of the firm of Benoit, Alexander, Harwood & High, LLP, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the State of Idaho, Industrial Special Indemnity Fund, in the matter of Danial Miller.

    e. Notification that Bren E. Mollerup of the firm of Benoit, Alexander, Harwood & High, LLP, has been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorney General for the purpose of representing the State of Idaho, Industrial Special Indemnity Fund, in the matter of Joseph Powlus.

    8. State Insurance Fund
    a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of
      September, 2015.
          Estimated expenditure for workers compensation claim costs, dividends and premium refunds
      $14,000,000.00
        Funds Expended in September, 2015:
        Workers Compensation Claim Costs
      $10,839,110.39
        Dividends
      0
        Commission
      0
        Policy Refunds
      200,874.07
        Total
      $11,039,984.46
      b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight drafts for the month of September, 2015.
          Estimated expenditure for Petroleum Clean Water Trust Fund
      $450,000.00
        Funds Expended in September, 2015:
        Payroll
      $48,586.98
        Operations
      7,712.51
        Claim Costs
      56,946.52
        Total
      $113,246.01


    Mr. Hurst moved to adjourn the meeting. Mr. Olsen seconded the motion. The meeting concluded at 1:49 p.m.
    Page last updated on 01/06/2016 02:46:22 PM