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 – Sub-committee Meeting
March 10, 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; 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: David Fulkerson, Division of Financial Management; Laura Steffler, Office of the State Treasurer; LeAnn Sullivan, Office of the State Treasurer; Debbie Wonch, Office of the State Controller; and Renee Holt, Office of the State Controller.


CONSENT AGENDA

1. Minutes
Approval of official minutes for the meeting of the Sub-committee to the Board of Examiners on February 10, 2015.

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


    REGULAR AGENDA

    2. Department of Administration
    a. Request for recognition of assignment according to Idaho Code §67-1027 from Full Circle Investments, LLC to Infinite Investments, LLC. (Military Division, Idaho Army National Guard is Lessee.)

    b. Request for recognition of assignment according to Idaho Code §67-1027 from Northwest Ventures, LLC to Buttars Family, LP. (Idaho State Liquor Division is Lessee.)

    c. Request for recognition of assignment according to Idaho Code §67-1027 from Hubert Stein dba Edson’s LLC to Dale Watson. (Idaho State Liquor Division is Lessee.)

    Resolution: Mr. Kane 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. Ada County Clerk
      Request pursuant to Idaho Code §18-2507, for the prosecution of State Penitentiary inmates in the amount of $22,475.71.

      Discussion: Mr. Benjamin noted that this item had been tabled last month. He explained that of these two claims, one of them resulted in a jury trial, which resulted in a larger amount. The billable rate for the prosecutor time is $140 per hour. When speaking with the Attorney General’s Office, it was explained that there was not a written policy which set the rate. The rate was established in their civil division, but the criminal division uses it as well. It’s not a quantifiable calculation. When compared to the Attorney General's attorney fee policy, the $140 falls below an attorney of 20 or more years of experience, but ahead of an attorney with 11-20 years of experience.

      Ms. Revier asked if the board does not have a standard, can we hold the folks seeking reimbursement to something besides what they have given us?

      Mr. Benjamin said that the appropriation this will come out of is already in the Department of Correction’s budget. The Board of Examiners must approve the claim before Corrections can pay the claim. Nothing in the statute establishes what attorney’s fees rate we would accept or would not accept. The Board of Examiners has discretion as to what they think is a reasonable claim.

      Ms. Revier asked what happens if we do not approve, or approve this at a lower amount?

      Mr. Benjamin said that the Board of Examiner’s authority trumps it. If we were to accept less than what they have presented, there should be a discussion on what a reasonable rate would be.

      Mr. Hurst questioned the claim’s cost. He would like to see some justification between the cost and the charge.

      Ms. Revier said there is not a good formula.

      Mr. Benjamin said that prior claims like this the board has approved were at the $140 per hour rate.

      Mr. Kane said that generally attorneys start at $125 per hour. He asked if the board should be paying an hourly rate as the state, or should the board be paying what it costs to pay the employee rate. He said the board probably will have to approve this, but possibly should look at changing the statute.

      Mr. Benjamin said that we could set what we think is a reasonable rate, and anything above it should have an exception.

      Mr. Kane and Mr. Benjamin will work on creating a policy.

      Resolution: Mr. Kane 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. Office of the State Treasurer

      Request pursuant to Idaho Code §63-3201 to issue tax anticipation notes that will not exceed 75% of the anticipated income or revenue from taxes during FY2016.

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




      INFORMATIONAL AGENDA


      5. Office of the Attorney General
      a. Notification that Eric J. Belfi and Rachel Avan of the firm of Labaton Sucharow, LLP, in New York, have been appointed pursuant to Idaho Code §67-1409 as a Special Deputy Attorneys General for the purpose of representing the State of Idaho, Public Employee Retirement System of Idaho (PERSI), in litigation brought by PERSI against Petroleo Brasileiro SA (Petrobras).

      b. Notification that Robert F. Smith of the firm of Smith, Freed & Eberhard, PC in Portland, Oregon, 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 Clark v. Idaho State Industrial Commission, et al.

      c. Notification that Paul J. Augustine of the firm of Augustine Law Offices, 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 Tracy Wright.

      d. Notification that Erin E. Tomlin, Prosecuting Attorney for the City of Moscow, 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 Loe Thang Sr. and Tonya Ngo Real Property Forfeiture.

      e. Notification that Tevis W. Hull, Deputy Prosecutor with the Boundary 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 matter of Luis Lorca-Merono III Real Property Forfeiture.


      6. State Insurance Fund
      a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of
        January, 2015.
            Estimated expenditure for workers compensation claim costs, dividends and premium refunds
        $14,000,000.00
          Funds Expended in January, 2015:
          Workers Compensation Claim Costs
        $11,150,259.44
          Dividends
        0
          Commission
        3,515,368.88
          Policy Refunds
        182,288.50
          Total
        $14,847,916.82
      b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight drafts for the month of January, 2015.
          Estimated expenditure for Petroleum Clean Water Trust Fund
      $450,000.00
        Funds Expended in January, 2015:
        Payroll
      $66,356.87
        Operations
      189,870.25
        Claim Costs
      33,156.85
        Total
      $289,383.97


      Mr. Kane moved to adjourn the meeting at 1:44 p.m. Mr. Hurst seconded the motion.
      Page last updated on 05/18/2015 02:51:00 PM