STATE BOARD OF EXAMINERS
MINUTES – Subcommittee Meeting
December 8, 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: Brian Kane, Office of the Attorney General; Jani Revier, Division of Financial Management; Betsie Kimbrough, 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; Marsi Woody, Idaho State Police; Kedrick Wills, Idaho State Police; and Debbie Wonch, Office of the State Controller.
Approval of official minutes for the meeting of the Subcommittee to the Board of Examiners on November 17, 2015.
Resolution: Mr. Kane moved to approve item 1. Ms. Kimbrough seconded the motion. The motion carried on a unanimous voice vote.
2. Bureau of Homeland Security
Date to Board
Response to diesel release caused by overturned tanker truck (LEWIS COUNTY)
Response to oil release into river
Response to release of sulfuric acid caused by MVA (BANNOCK COUNTY)
Discussion: Mr. Benjamin explained that the first incident was from the Lewiston Fire Department, which was a response to a diesel fuel spill on Highway 12. A semi-truck’s pup trailer overturned and spilled 1,800 gallons of fuel. Lewiston has an agreement with Pullman, WA to help supplement their crew with Pullman responders. The second incident was a release of oil in the St. Joe River near St. Maries.
Mr. Harris commented that he received some supplemental information from the EPA coordinator in Seattle. Next month will be a second part to this request. In July of this year, there was a truck hauling used oil, which was from a company that services logging trucks. The driver of this truck accelerated too quickly, and the oil container flew off the back end and landed in town. The company spent $6,000 on the clean-up. DEQ was satisfied with the clean-up, and storm drains were checked. Then during Labor Day weekend, more oil was spotted, but no one knew where the oil was coming from. They did check storm drains at the time, and everything that they knew of was clean. The individual that knew the St. Marie’s storm drain system retired, and the city does not have maps of the drain layout. It ended up being a sump pump that had over 100 gallons of oil that no one knew about. They found an entire storm drain system they did not know existed, which was the source of the leak. They Coast Guard’s oil analysis lab assisted and took a sample of the oil from all of the incidents, and confirmed it was the same oil product. A responsible party has now been identified.
Ms. Revier asked if the responsible party was the truck company or the city, who missed knowing about an entire storm drain system. If the city had known about the storm drain, the oil would not have made it to the river.
Mr. Harris answered that this is an on-going discussion. This information was just produced last night. The EPA spent over $100,000 between the two responses, and the business owner spent around $11,000.
Mr. Benjamin noted that the third incident was a release of sulfuric acid on I-15 by Pocatello. It was an accident involving several vehicles.
Resolution: Mr. Kane moved to approve item 2 and place it on the consent agenda. Ms. Kimbrough seconded the motion. The motion carried on a unanimous voice vote.
3. Department of Environmental Quality
a. Request in accordance to Senate Bill 1163, that $750,000.00 be transferred from the Water Pollution Control Fund #0200 to the Environmental Remediation Fund #0201 on January 20, 2016.
b. Request in accordance to Senate Bill 1163, that $3,876,600.00 be transferred from the General Fund to the Department of Environmental Quality Fund #0225 during the third quarter of FY16.
c. Request in accordance to Senate bill 1163, that $90,207.00 be transferred from the Water Pollution Control Fund #0200 to the Department of Environmental Quality Fund #0225.
d. Request in accordance to Senate Bill 1163, that $479,400.00 be transferred from the Public Water System Supervision Fund #0191 to the Department of Environmental Quality Fund #0225 during the third quarter of FY16.
Resolution: Mr. Kane moved to approve item 3 and place it on the consent agenda. Ms. Kimbrough seconded the motion. The motion carried on a unanimous voice vote.
4. Office of the Attorney General
Request approval of claim for attorney’s fees and costs of $57,406.80 in Coeur d’ Alene Tribe v. Denney.
Resolution: Mr. Kane moved to approve item 4 and place it on the consent agenda with the recommendation to send to the Constitutional Defense Counsel. Ms. Kimbrough seconded the motion. The motion carried on a unanimous voice vote.
5. Idaho State Police
Request approval pursuant to Idaho Code §67-5302(20) to allow for the utilization of agency funding to pay for ONL overtime as patrol shifts are worked for the remainder of FY2016.
Discussion: Mr. Wills commented that they have 24 open positions in the trooper pay class right now, and another 16 that are new hires in training. ISP is able to pay this with a one-time salary savings of those open positions, totaling around $500,000.
Mr. Kane asked what the reason is for the unfilled positions.
Mr. Wills responded that many of them are in training and at the POST academy, and then in field training. It takes several months to get them trained and able to cover the shifts. Also, there has been a retention issue in Coeur d’ Alene. They have found that some troopers will leave and begin working for Washington agencies, due to the close proximity and improved pay.
Resolution: Mr. Kane moved to approve item 5 and place it on the consent agenda. Ms. Kimbrough seconded the motion. The motion carried on a unanimous voice vote.
6. Office of the Attorney General
Notification that Anthony M. Valdez of the firm of 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, Industrial Special Indemnity Fund, in the matter of Margaret Thomas.
7. State Insurance Fund
a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of
b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight drafts for the month of October, 2015.
Estimated expenditure for workers compensation claim costs, dividends and premium refunds
Funds Expended in October, 2015:
Workers Compensation Claim Costs
Estimated expenditure for Petroleum Clean Water Trust Fund
Funds Expended in October, 2015:
Mr. Kane moved to adjourn the meeting. Ms. Kimbrough seconded the motion. The meeting adjourned at 1:51 p.m.