STATE BOARD OF EXAMINERS
December 5, 2002 – 9:00 a.m.
Office of State Controller – Fifth Floor Conference Room A
Attending: Brian Whitlock, Office of Governor
Chuck Goodenough, Office of Secretary of State
Brett DeLange, Office of Attorney General
Keith Johnson, Office of State Controller/Steve Kenyon
Visitors Attending: Marty Peterson, University of Idaho
Keith Johnson, Acting Secretary for the Board of Examiners, called the meeting to order at 9:00 a.m. acknowledging Kathy Ewert as temporary assistant to the board secretary.
Keith Hasselquist, State Board of Education
Peggy Davis, Boise State University
Carol Joyce, Boise State University
Ann Heilman, Division of Human Resources
Michael Brown, Idaho Fish and Game
Gary Ward, Bureau of Hazardous Materials
Kathy Ewert, State Controller’s Office
Brandi Thomas, Department of Correction
Jon Sowers, Department of Correction
UNIVERSITY OF IDAHO – Marty Peterson
1. Request for authorization to reimburse moving expenses up to $2,000 for the following open position:
Postdoctoral Researcher College of Engineering - Boise
2. Request for authorization to reimburse moving expenses up to $5,000 for the following open positions:
Director Women’s Center
Assistant Women’s Basketball Coach Athletics
Research Assistant Professor Food Science and Toxicology
Marty Peterson explained that each position would be under the $5,000 limit and invited questions. Mr. Whitlock moved to approve items 1-2; Mr. Goodenough seconded the motion. The motion passed unanimously.
IDAHO STATE UNIVERSITY – Keith Hasselquist, State Board of Education
3. Request for authorization to reimburse moving expenses up to $5,000 for the following position:
Senior Lecturer Engineer/Geosciences
Keith Hasselquist noted this individual’s anticipated salary to be about $82,000 and requested up to $5,000 for moving expenses. Mr. Whitlock moved to approve item 3; Mr. Goodenough seconded the motion. The motion passed unanimously.
LEWIS-CLARK STATE COLLEGE - Keith Hasselquist, State Board of Education
4. Request for authorization to reimburse moving expenses for the following positions and amounts:
Head Women’s Volleyball Coach $1,000
Technical & Industrial Technologies Division
Assistant Professor $1,500
Social Sciences / Social Work
Assistant Professor $1,500 - $2,000
(State funding – title IV-E)
Natural Sciences / Biology
Assistant Professor $2,000
Keith acknowledged the lower requests for Lewis-Clark State College. Mr. Goodenough moved to approve item 4; Mr. DeLange seconded the motion. The motion passed unanimously.
BOISE STATE UNIVERSITY - Peggy Davis, Boise State University
5. Request for authorization to reimburse moving expenses up to $5,000 for the following positions:
Assistant/Associate Professor Special Education
Assistant Professor Bilingual Education/ESL
Assistant Professor Curriculum and Instruction
Assistant Professor Bilingual Education/ESL
Assistant Professor Curriculum and Instruction
Department Chair Elementary Education and Specialized Studies
Associate Professor Reading Education
Instructor/Assistant Professor Department of Nursing
Head Women Ski Coach Athletics
Peggy Davis summarized the nine moving requests, each up to the $5,000 limit. Mr. Whitlock moved to approve item 5; Mr. Goodenough seconded the motion. The motion passed unanimously.
GOVERNOR – Brian Whitlock, Executive Office of the Governor
6. Request for authorization to reimburse moving expenses up to $5,000 for Deputy Chief of Staff and Director of Intergovernmental Affairs for relocation to Washington, D.C.
Mr. Whitlock explained the governor’s added responsibilities as the chairman of the National Governor’s Association and explained that Gary Smith had been working on intergovernmental affairs from Boise. The governor anticipated moving Mr. Smith to Washington D.C. to avoid weekly commutes. Mr. Goodenough questioned if the state moving policy helped pay for employees to move out of the state of Idaho? Mr. Whitlock cited the precedence of Ron McMurray, Idaho Department of Commerce, who currently serves in a Washington D.C. office and his moving expenses were reimbursed. Mr. Goodenough moved to approve item 6; Mr. DeLange seconded the motion. The motion passed unanimously.
DIVISION OF HUMAN RESOURCES – Ann Heilman, Division of Human Resource on behalf of Dr. Nick Hallett, Chairman, Endowment Fund Investment Board
7. Request for authorization to reimburse moving expenses up to $5,000 for the new Manager of Investments for the Endowment Fund Investment Board.
Ann Heilman described their successful nationwide search for a new Manager of Investments for the Endowment Fund Investment Board and requested approval to offer the standard reimbursement up to $5,000 for moving expenses. Mr. Whitlock moved to approve item 7; Mr. DeLange seconded the motion. The motion passed unanimously.
8. Notification that Randall A. Peterman 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 the State of Idaho, Idaho Department of Agriculture, in a bankruptcy adversary proceeding (Hopkins v. Agri-Store Co., et al., U.S. Bankruptcy Court, District of Idaho (Twin Falls), Adversary Proceeding #02-6289).
9. Notification that Phillip S. Oberrecht of the firm of Hall, Farley, Oberrecht & Blanton has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of providing legal advice and counsel to the Idaho Industrial Commission related to surety bonds for self-insured employers.
10. Notification that Wynn R. Mosman of the firm of Mosman Law Offices 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 before the Idaho Industrial Commission of Kenneth Cox v. City of Sandpoint, SIF No. 200105593; IC No. 01-503230.
11. Notification that Greg H. Bower, James K. Dickinson, and Sherry A. Morgan of the Ada County Prosecutor’s Office have been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorneys general for the purpose of representing the State of Idaho and the Idaho State Police in a property forfeiture case.
12. Notification that Wynn R. Mosman of the firm of Mosman Law Offices has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho and the State Insurance Fund in the case of Marianna Ponce v. Kootenaie Tribal Develop. Corp., SIF No. 20010126; IC No. 01-003183.
13. Notification that Wynn R. Mosman of the firm of Mosman Law Offices has been appointed pursuant to Idaho Code § 67-1409 as a special deputy attorney general for the purpose of representing the State of Idaho and Idaho Industrial Commission in the case of Knopes v. Ray J. White & Sons, Inc., SIF No. 200216156; IC No. 02-015803.
14. Notification that Jay F. Rosenthal of the Boise County Prosecuting Attorney’s Office 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 Moscow Police Department case No. 02-02879 - alleged misappropriation of client trust monies by Craig W. Mosman.
Mr. Johnson cited that items 8-14 were notifications from the attorney general’s office. Mr. Whitlock requested unanimous consent to move items 8-14 to the consent agenda of the board. There being no objection, it was so ordered.
IDAHO FISH & GAME DEPARTMENT – Michael Brown, Idaho Fish and Game Department
15. Request approval to write off an outstanding balance due of $24,675.44 to the Idaho Fish & Game Department from license vendor David Tonn, d.b.a. Dave’s Husky Sport Shop. The department has spent the last several years attempting to recover this payment without resolution through negotiations with Mr. Tonn directly
Michael Brown requested permission to write off the outstanding balance of $24,675.44 since both the Nez Perce County and Ada County prosecuting attorneys declined to prosecute. He believed this was based on lack of intent. From the documentation before him, Mr. Goodenough noted that the attorney general’s office advised the department to take the matter to a collection agency. Mr. Brown said that the department’s attorney general suggested a write off since the individual had claimed bankruptcy. Mr. Goodenough asked if Mr. Tonn had claimed or filed bankruptcy? Mr. Brown replied that papers had been filed.
Mr. DeLange remarked that some people frequently say that they are going to file for bankruptcy, of which ten percent actually do. Further, of these less than half are discharged. He affirmed the benefits of employing a collection agency and asked if that was considered? Mr. Brown said that it was considered but no agency hired. Mr. DeLange asked why not? Mr. Brown did not know.
Mr. Johnson asked if Mr. Tonn agreed that he owed the $24,000? Mr. Brown answered that Mr. Tonn did not agree based upon discussions in meetings with accountants and attorneys. Mr. Goodenough explained that if there was malfeasance giving rise to a debt, then the debt could not be discharged through bankruptcy. He also agreed with the collection agency approach and requested a report of why this could not be utilized.
Mr. DeLange inquired if there was a judgment against Mr. Tonn; Mr. Brown replied negatively. Mr. Whitlock also requested more information and wished the department to pursue a collection agency. Mr. Brown agreed. Mr. Whitlock then questioned what the money represented. Mr. Brown said it involved licenses issued for the Department of Fish and Game in 1996-97 prior to installation of the point-of-sales machine. The debt was arrears that were never paid by the vendor. Mr. DeLange injected that the statute of limitations may apply here. Mr. Brown stated that a five-year statute of limitations influenced the attorney’s concerns about the claim. Mr. DeLange moved to hold item 15 until the January 9 subcommittee meeting. Mr. Whitlock requested a detailed report of negotiations at that time and seconded the motion. The motion passed unanimously.
Request to remove inaccurate credits from the following vendors’ accounts to a current status:
Vendor No. Name Total Amount
16. 2455 Lochsa Lodge $ 612.50
17. 3233 Gateway Lodge $1,986.19
Moving to items 16-17, Mr. Brown explained that these resulted from temporary licenses issued to vendors who did not have a point-of-sale machine. Collections for the licenses entailed remitting the funds with copies of the licenses. Unfortunately, the dollars would be posted but incomplete entries on the license forms hampered completing the license transaction. Thus, these were inaccurate credits, which the department was attempting to remove from the books. Mr. Whitlock inquired if Lochsa or Gateway were contesting these credits? Mr. Brown said they were not. Mr. Whitlock moved to recommend approval of items 16-17; Mr. Goodenough seconded the motion. The motion passed unanimously.
BUREAU OF HAZARDOUS MATERIALS – Gary Ward, Executive Office of the Governor
Request for authorization to issue deficiency warrants for reimbursement of response costs incurred, pursuant to Idaho Code 39-7110.
BUREAU OF HAZARDOUS MATERIALS REPORT FOR OCTOBER 2002
Found in dumpster
Lab in vehicle
Abandoned on BLM land
Two vehicles in police compound
Ruptured fuel tank on truck
Fire at State Lab
Gary Ward noted that all but item 25 were standard requests and explained that they wanted that item noted in the record since the 120-day expiration period was near. He asked to differ item 25, a claim that the state will pay, until January. Mr. Whitlock moved to recommend approval of items 18-24 and to hold item 25 until January. Mr. Goodenough seconded the motion and the motion carried unanimously.
STATE CONTROLLER’S OFFICE - Kathy Ewert, State Controller’s Office
26. Request to correct grammatical error in the Board of Examiners’ Policies and Procedures for Disposal of State Surplus Personal Property and Frequently Asked
Questions as posted on the board’s website. This change does not alter the intent or meaning of the policy.
Kathy Ewert explained that the legislative bill drafters discovered an English slang work “trash” used in the policy and suggested inserting “discard.” She asked if the subcommittee wished this technical correction to be made to the policy without noting a new amendment date on the policy. Mr. Whitlock moved to make this technical correction of the policy without a new amendment date; Mr. DeLange seconded the suggestion. The motion carried unanimously.
DEPARTMENT OF CORRECTION – Brandi Thomas, Human Resources
27. The Idaho Department of Correction requests approval for a cash payoff to Alan Gergen for a balance of 83 hours comp time, which will be used to buy down Mr. Gergen’s PERSI debt of approximately $1,300.00. This debt incurred due to a period of time when his retirement Rule of 80 was changed to Rule of 90.
Jon Sowers, Administrator for the Department of Correction, explained that employee Alan Gergen incurred a PERSI debt of approximately $1300.00 due to a period of time when his retirement Rule of 80 was changed to Rule of 90. Mr. Gergen has requested cashing out his comp time of 83 hours at $1563.00 to help pay this debt.
Mr. Whitlock asked if there were five employees with this situation? Mr. Sowers agreed. He noted that one had paid his balance but the other three had not requested any considerations regarding their debts. Mr. Whitlock inquired if the other three believed the balance to be the state’s obligation. Mr. Sowers said that they did not; they simply had not come forward and asked for comp time hours to apply toward their debts. He noted that one had very little comp time, another had about $300, but no one else had requested any type of assistance. Mr. Whitlock inquired about the other employees’ situations? Brandi Thomas, Human Resources at Department of Corrections, summarized each employee’s situation and efforts to satisfy the debts within the time limitations. Mr. Sowers further affirmed efforts to help the employees satisfy these debts.
Mr. Whitlock asked if Mr. Gergen would be satisfied with this arrangement? Mr. Sowers responded that to the best of his knowledge Mr. Gergen would be satisfied. PERSI is still calculating the balance and the original approvals were reviewing the gain-sharing laws and return on investments for Mr. Gergen’s retirement account.
Mr. Whitlock inquired if there was precedence for using comp time for this purpose? Steve Kenyon, State Controller’s Office, replied that he was not aware of any, but the statutes said that the Board of Examiners could authorize this only in unusual or emergency circumstances. The question was did this fit the unusual classification? Since this situation was outside of the employees’ control, the board had allowed the state to pay the interest. He explained that this cash out would not qualify as pre-tax.
Mr. DeLange questioned what kind of precedence would this create for other agencies and employees in a switch between these two rules? Mr. Sower asserted that this was relatively rare and had mitigating circumstances, but it could occur again.
Mr. Goodenough inquired if this involved switching in and out peace officer status? Mr. Sower explained that all were by statute correctional instructors in the prison, but administratively they were switched in error when the academy moved from the prison. Mr. Kenyon expounded upon the switch and that only police officers working in law enforcement qualified for the Rule of 90. This was part of a group clean up of such classifications some time ago.
Ann Heilman inquired if a bonus waiver could be employed here since 83 hours is about two weeks of the employee’s benefits and the mistake was outside his control? Mr. Whitlock replied that this PERSI share was the employee’s responsibility one way or another and this would be an acceptable way to use his benefits. The state had agreed to cover the interest incurred since it was outside their control. Ms. Heilman then asked if the $1300 was the difference between the retirement contributions of the two rules? Mr. Sower agreed and noted that Mr. Gergen agreed with this payoff plan. He added that Mr. Gergen was paying the difference out of his own pocket, but the state was covering the accrued interest. Mr. Kenyon said this action would save the state interest money.
Mr. Whitlock moved to recommend approval of item 27; Mr. Goodenough seconded the motion. The motion passed unanimously.
DEPARTMENT OF CORRECTION - Don Drum, Support Division Administrator
28. The Idaho Department of Correction reported the actual moving expenses totaling $2,620.35 for Susan Fujinaga, the new Deputy Administrator for Management Services. The Board of Examiners’ subcommittee had approved up to $5,000 for this move on September 5, 2002.
29. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of November 2002.
Estimated expenditure for workers $ 10,000,000.00
compensation claim costs, dividends
and premium refunds
Funds Expended in October 2002:
Workers Compensation Claim Costs $7,478,023.96
Policy Refunds 132,094.86
30. Estimate of the Petroleum Storage Tank Fund expenses to be paid by sight draft or the month of November 2002.
Mr. Johnson acknowledged the informational items and asked for any necessary actions or further business. He adjourned the meeting at 9:35 a.m..
Estimated expenditure for $750,000.00
Petroleum Storage Tank Fund
Fund expended in October 2002:
Claim Costs 114,904.16