STATE BOARD OF EXAMINERS



STATE BOARD OF EXAMINERSMINUTES – Subcommittee MeetingAugust 10, 2010 – 1:30 p.m.Joe R. Williams Building, 1st Floor Bureau of Occupational Licenses, The Idaho RoomThe 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; Betsie Kimbrough, 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: Mary Marsh, Bureau of Homeland Security; Jarod Dick, Bureau of Homeland Security; Jodi Osborn, Department of Health & Welfare; Nancy Gollaher, Military Division; David Fulkerson, Division of Financial Management; Dan Goicoechea, Office of the State Controller; and Deb Wonch, Office of the State Controller.CONSENT AGENDA1. MinutesApproval of official minutes for the meeting of the Subcommittee to the Board of Examiners on July 13, 2010.Resolution: Mr. Hammon moved to approve item 1. Ms. Kimbrough seconded the motion. The motion carried on a unanimous voice vote.REGULAR AGENDA2. Bureau of Homeland Security ID #DescriptionAmountCommentsDate to Board2010-00089Haz Mat$3,508.35 Paid in fullHaz Mat incident at Micron. Insurance company is involved. Paid by responsible party 7/29/20102010-00091Haz Mat$2,311.98Chemical spill in rural Elmore County.8/3/2010TOTAL$2,311.98Discussion: Mr. Olsen noted that the report said there were no injuries, but yet there was a bill for medical treatment for $600. Ms. Marsh explained that the medical monitoring is a contract and is a flat $20 per hour rate for monitoring for every person who is present on-site. Mr. Olsen said that personnel and medical treatment seem different and asked why they are paying personnel costs, as well as for six people to do treatment for medical monitoring. Ms. Marsh explained that under “personnel costs” is where the statutes only allow a certain number of people. The six people doing medical monitoring were working their normal shift. Part of the agreement the state has is to pay the $20 per hour. The $20 is not a wage for the employee, but goes to the fire department for costs like training and providing annual physicals to each person, etc. Mr. Olsen said it might be good to look at ways to restructure the agreement to reflect actual expenses. Mr. Hammon noted that Idaho Code 39-7109 says that it is an eligible cost to seek reimbursement for, but the code does not say anything about a flat rate. It must be a division policy that was set up. Mr. Hammon encouraged BHS to go back and look at the agency policy and determine if it is appropriate.Ms. Marsh answered that they will certainly look into it and will work with the Attorney General’s Office.Ms. Kimbrough asked if they have medical personnel monitoring at every scene.Ms. Marsh answered that it depends on the incident. Mr. Olsen asked BHS to give the board a sense as to the rationale behind this agreement and any ideas to address the board’s concerns and present it at the next meeting.Mr. Hammon said that the board should pay the fee, but the question would be can we change it so that in the future we do not incur this additional expense. Resolution: Mr. Olsen moved to approve item 2 and place it on the consent agenda. Mr. Hammon seconded the motion. The motion carried on a unanimous voice vote.3. Military Divisiona. Request for approval pursuant to Idaho Code §72-928 of payment of worker’s compensation claims for members of the Idaho National Guard, resulting while the soldier was on duty in the amount of $2,514.60. b. Request approval for cash compensation of overtime to all state professionals and administrative personnel deployed to assist on state or federally declared disasters according to Idaho Code §67-5328(3).Discussion: Ms. Gollaher explained that when they have a disaster, in order to get reimbursed from the federal side, the employees cannot accrue overtime. Several employees are not covered under the FLSA code. In order to get reimbursed for those costs the overtime needs to be paid out and not accrued. Every year the Division seeks special permission to get reimbursement and override the FLSA code and change it to “S” so that they can be paid overtime. This is only for overtime related to the disasters—not for the normal course of their job. These costs are reimbursed by FEMA.Resolution: Mr. Hammon moved to approve item 3 a. and b. and place them on the consent agenda. Ms. Kimbrough seconded the motion. The motion carried on a unanimous voice vote.4. Health and WelfareRequest for continued approval to pay overtime, comp and on-call time worked by medical staff up to $70,000 for state fiscal year 2011. The request would be for the following specific job classes:Physician, Psychiatric SpecialtyPhysician, Medical Clinic – InstitutionPhysician, Medical Director – Institution Clinical Specialist (Physicians Assistant)Nurse, Advanced Practice (Nurse Practitioner)Discussion: Mr. Hammon noted that last year this list was reviewed carefully. It was determined at the time that the only other alternative the department had would be to contract with private individuals to provide these services. Contracting with a private individual to just be on-call would be much more expensive than providing on-call hours for Health and Welfare’s own employees. Professionals with that skill level are difficult to recruit to remote locations. This is a continuance of last year’s request.Ms. Osborn noted that it actually does save the state money.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. Ada County Request for approval pursuant to Idaho Code 18-2507, for the payment of costs incurred by Ada County for the prosecution of two State Penitentiary inmates in the amount of $5,219.05.Resolution: Mr. Hammon moved to approve item 5 and place it on the consent agenda. Mr. Olsen seconded the motion. The motion carried on a unanimous voice vote. INFORMATIONAL AGENDA6. Office of the Attorney General a. Notification that James D. Carlson of the firm of Naylor and Hales, P.C., has been appointed pursuant to Idaho Code §67-1409 as Special Deputy Attorney General for the purpose of representing the State of Idaho the matter of Jeff D., et al. v. Kempthorne, et al. b. Notification that Paul J. Augustine of the firm of Augustine Law Offices, PLLC, 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 matter of Bobbie Wahl. c. Notification that Sarah Hallock-Jayne, Chief Deputy Prosecuting Attorney with the Boundary County Prosecutor’s Office, 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 matter of Robert and Janette Baucum Real Property Forfeiture.7. State Insurance Fund a. Estimate of the State Insurance Fund expenses to be paid by sight drafts for the month of June, 2010. Estimated expenditure for workers compensation claim costs, dividends and premium refunds$18,000,000.00Funds Expended in June, 2010:Workers Compensation Claim Costs$9,468,346.52Dividends0Commissions1,610,404.71Policy Refunds818,755.44Total$11,897,506.67 b. Estimate of the Petroleum Clean Water Trust Fund expenses to be paid by sight draft for the month of June, 2010. Estimated expenditure for Petroleum Clean Water Trust Fund$750,000.00Funds Expended in June, 2010:Payroll$64,087.12Operations24,601.94Claim Costs92,728.36Total$181,417.42A 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. ................
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