STATE BOARD OF EXAMINERS
MINUTES – Subcommittee Meeting
December 8, 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; Tim Hurst, 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; Jodi Osborn, Department of Health and Welfare; David Fulkerson, Division of Financial Management; Dan Goicoechea, Office of the State Controller; and Deborah Wonch, Office of the State Controller.
Mr. Woolf welcomed Mr. Tim Hurst, a new member of the Subcommittee, replacing Mr. Chuck Goodenough from the Office of the Secretary of State.
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on November 10, 2009.
Resolution: Mr. Hammon moved to approve item 1 and place it on the consent agenda. Mr. Olsen 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 Maynard Alves Land and Livestock Watertower, LLC to James M. Luckman and Alison Luckman.
Resolution: Mr. Hammon 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.
3. Bureau of Homeland Security
Discussion: Ms. Halverson stated that these are all usual incidents. Mr. McClaine is working with county prosecutors to get some drug labs recovered.
Date to Board
|Unknown liquid on a letter at Idaho State tax Commission. In the process of recovering. Should BHS bill the Idaho State Tax Commission?||12/3/2009|
|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.||12/3/2009|
|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. ||12/3/2009|
|Tanker truck wreck, fuel leakage. Insurance company involved, in the process of recovering.||12/3/2009|
Haz Mat/Mercury Spill
|Mercury spill in private residence. In the process of recovering, possible insurance policy payout.||12/3/2009|
|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. ||12/3/2009|
|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. ||12/3/2009|
Mr. McClaine noted that they should have a check for the item 2009-00236 hopefully within ten days. Drug labs are a long, drawn out process.
Resolution: Mr. Olsen moved to approve item 3 and place it on the consent agenda. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.
4. Health and Welfare
a. Request that $104,220,700 be transferred from the General Fund to the Cooperative Welfare Fund #0220 during the third quarter for Fiscal Year 2010.
b. Request that $64,950 be transferred from the Drug Court, Mental Health Court & Family Court Services Fund #0340 to the Cooperative Welfare Fund #0220 during the third quarter of Fiscal Year 2010.
c. Request that $1,816,094 be reverted to the State General Fund in relationship to the Eli Lilly Drug settlement.
Discussion: Ms. Osborne noted that a. is the normal transfer fund that they do quarterly from the General Fund to the Cooperative Welfare Fund. The Department operates mostly on the Cooperative Welfare Fund.
Mr. Hammon explained that the Cooperative Welfare Fund is the Department’s operational fund. The fund is so large, that instead of giving the department all the money on July 1st, the state holds it and keeps the interest from the money and then is transferred in quarterly amounts to the department.
Ms. Osborne stated that for item c., the Federal share has been returned and now the department is returning the $1,816,094 to the General Fund.
Resolution: Mr. Hammon 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. 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 explained that Attorney General Wasden asked the Subcommittee to do more research on this item. The Controller’s Office, along with the Division of Financial Management, put together a spreadsheet containing information from fiscal years 2008, 2009, and 2010 to date. Fiscal Year 2010 was annualized. For instance, fiscal year 2008 had a total of $4.195 million for out-of-state lodging and meals. Mr. Fulkerson is working with Don Berg so that lodging and meals are split with separate codes in the STARS accounting system. The State Controller’s Office has an application called Travel Express. Not all agencies use Travel Express, but of the ones who do, $162,070 was used for meals, and $320,000 was for lodging expenses, for a total of $482,070. The out of state meals equal 34% of that total. They figured that across the board, with agencies who did and who did not use Travel Express, the meals would have been around $253,000. Annualizing fiscal year 2010, the potential increase would be $140,000 for all funds throughout the state. The impact to the General Fund from 2010 would be $23,000 based on the assumptions presented.
Mr. Fulkerson said there are a lot of assumptions. The calculations were all done at the base rate.
Resolution: Mr. Olsen moved to place item 5 on the regular agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
6. Division of Financial Management
Request to amend the current State Travel Policy to delete the reference to “department-sponsored social gatherings” in Section 12 C “Refreshment and Meals for Official Meetings”.
Discussion: Mr. Fulkerson explained that at a recent FPAC meeting, the legislative audit staff brought up an issue with a clause in the Board of Examiners Travel Policy. It referred to department sponsored social gatherings in relation to paying for meals at the home station. There have been conflicts with other agencies as what constitutes a department sponsored social gathering. The easiest way might be to just strike that phrase from the policy, or include that it be only for training and staff meetings.
Mr. Olsen said that it precludes any department sponsored social gathering from having meal reimbursement. It has to be a staff meeting. These particular paragraphs have been problematic in the civil litigation division. The division has depositions, and typically the attorneys themselves will provide some sort of refreshment or beverage. This paragraph has prevented their division from being able to pay for a beverage or snack. Mr. Olsen said that providing refreshments for a deposition is a standard practice in the legal world.
Mr. Hammon noted that maybe at the beginning of section C. it could be defined what an official meeting is.
Mr. Fulkerson recommended that FPAC could rework the policy and could present their changes at a later date, since it is not time sensitive.
Resolution: Mr. Hammon moved to return the policy back to FPAC to revise it and have them bring it back at a later date. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
7. Department of Fish and Game
Request to extend the qualifying time from twenty months to thirty-six months for real estate relocation assistance for Regional Fishery Manager, Joseph Dupont, who responded to an agency initiated request and relocated his home in connection with a job promotion.
Discussion: Mr. Olsen stated that it looks like Mr. Dupont has tried pretty hard to sell his home.
Mr. Hammon asked when Mr. Dupont hit the 20 months mark.
Mr. Woolf answered that it will be in January 2010.
Resolution: Mr. Hammon moved to approve item 7 and place it on the consent agenda. Mr. Hurst seconded the motion. The motion carried on a unanimous voice vote.
8. Office of the Attorney General
a. Notification that Deputy Attorney General Nicole Schafer, has been permitted to accept additional outside employment at the College of Western Idaho in an educational program conducted under the supervision of the State Board of Education. Ms. Schafer will teach a course in criminal evidence law at the College one evening per week beginning the 2010 Spring Semester.
b. Notification that Thomas W. Brooke of the firm of Holland & Knight in Washington, DC, has been appointed pursuant to Idaho Code §67-1409 as a special deputy attorney general for the purpose of representing the state of Idaho before the U.S. Patent and Trademark Office, Trademark Trial and Appeal Board, in the matter of G&T Terminal Packaging, Inc. v. Idaho Potato Commission.
c. Notification that B. Newal Squyres 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 State of Idaho in the case of Lowe v. Idaho Transportation Department.
d. Notification that John J. Burke of the firm of Hall, Farley, Oberrecht & Blanton, PA, has been appointed pursuant to Idaho Code §67-1409 as special deputy attorney general for the purpose of representing the State of Idaho, Idaho Department of Correction, in the case of McCormack v. Hardison.
9. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of October, 2009.
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of October, 2009.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in October, 2009:
Workers Compensation Claim Costs
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in October, 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.