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HomeMy WebLinkAbout19910322.docx Minutes of Decision Meeting March 22, 1991 - 10:00 a.m. In attendance: Commissioners Joe Miller, Ralph Nelson and Marsha H. Smith; staff members Mike Gilmore, Gary Richardson, Bill Winiger, Bob Smith, Barb Porter and Myrna Walters. Items from the March 22, 1991 Agenda were discussed as follows. 1.  Adoption of Computer Software Policy. Bill Winiger recommended adoption of this Policy..  Basically what it entails is at the present time the Commission would be responsible if someone brought in software that is not licensed.  This statement transfers that liability to the person that brings in the software that is not licensed.  It should be served on every employee.  It is a protection for the Commission. Commissioner Miller questioned the first sentence of the policy statement.  Should "only from legitimate sources" be added? Mike Gilmore said it couldn't hurt anything. Commissioner Smith said she thought we should call them division directors in the statement rather than department directors. Agreed. Commissioner Miller questioned No. 4 - Disciplinary Action.  Would it be better to say disciplinary action period or in accordance with something? **Decided to just say disciplinary action period. Commissioner Miller asked about No. 5.  Wondered if we want to more carefully define relationship between Commission and employee who violates copyright law?  How would that come up?  Would someone file a complaint? Mike Gilmore said inspections are made. Bill Winiger gave example.  Said they have the right to come in on this. Mike Gilmore said Tort Claim Act draws line on intentional tort. -2- Commissioner Miller asked - are we the licensee or are the employees? Bill Winiger thought the agency is now. Gary Richards said he thought they were licensed to the individual.  Explained that pagemaker is registered to him. After discussion was decided it should be made know that a name is put on when it is put on the system. Commissioner Miller asked if there was a chance the Commission could be liable for access of the employee? Mike Gilmore said he investigated this.  State employees are liable but not the state.  Is unlikely the state will be zinged. Bill Winiger said he proposed it be adopted with suggested amendments and that it be distributed to staff and have them sign saying they have seen it. Commissioner Miller asked that Mike Gilmore work with Barb Porter on putting together a statement. Mike Gilmore suggested each division should have these regs in a binder. Gary Richardson suggested employees be given the brochure on computer software policy.   2.  Request for authority to transfer $40,000 from OCE to Capital Outlay to purchase needed computer equipment. Bill Winiger explained the $40,000 transfer request - $5,000 is for ports.  Second problem is backup.  Spoke to unattended backup that can be set to work at night.  Would save Ed Howell 45 minutes a day and will allow people to get on the computer earlier in the morning.  Would highly recommend that Commissioners approve purchase of the $18,000 piece of equipment.  Third item is:  would propose trading in the old Wang Classics.  Total of all of this comes to approximately $40,000.  Propose taking $40,000 out of utilities operating expenses.  There is $100,000 in there now.  Reason it is there is we have not used it for consultants.  Propose to move that $40,000 now. Commissioner Smith asked about the money for the rail consultants? Bill Winiger said that money is in Regulated Carrier Division. -3- Mike Gilmore said the lawsuit would maybe be $10,000 additional. Bill Winiger asked Commissioners about buying an automobile at this time.  As of this date still have $15,000 or $20,000, so money would be available even if we have to move some down for the lawsuit.  Is proposing purchase of another automobile out of this budget.  Gave update on cars currently owned. Commissioner Nelson suggested rotating cars.  Was not sure we need a new car. Commissioner Miller said we don't need one if we only kept 2 cars here in Boise. Bill Winiger suggested having individuals use their own cars.   Commissioner Miller suggested the Commissioners think about the car decision for now.  Asked about computer money - what did commissioners think? Commissioner Nelson said he thought it was a lot cheaper to upgrade what we have rather than going to a new system. Commissioners okayed the $40,000 transfer of funds. 5.  Belinda Anderson's March 15, 1991 Decision Memorandum re:  Case Nos. GNR-T-90-8, GNR-T-91-1, GNR-T-91-3 -- Request for Exemption from Consumer Rules. Commissioner Miller said he thinks he agrees generally that jails and prizons are so much different it would be difficult to deal with them in payphone rules generally and from a process point of view will need to make opportunity available for additional comment and information from counties, etc.     Commissioner Nelson said it raises a lot of questions in his mind, especially when counties get money back into their funds.   Commissioner Smith said she thought it should be separated from other payphones.  Payphone on the corner is different from payphone in Ada County Jail. Commissioner Nelson said it is your only option in the jail. -4- Commissioner Miller said that raises question of what to do with these three companies in the meantime.  Could do nothing and let them operate how they are going to operate or grant exemption on temporary basis hoping that the ultimate decision after rulemaking would be to get them back into compliance.  That would be the only reservation about giving temporary exemption (making a change later on).   Commissioner Smith said if you gave them an exemption it would say you have jurisdiction rather than doing whatever they want. Mike Gilmore suggested giving temporary and sunsetting the exemptions.  They would be sunsetted on promulgating of rules in inmate case. Commissioner Miller said there was a question of giving them a general acceptance. #5.  Exemption to 9.6 which deals with billing for calls not-accepted.  Apparently two of the companies have that technology and one has trouble in that regard.  Don't have any idea how difficult it would be for that company to comply. Mike Gilmore suggested giving them a strong incentive to comply. Commissioner Nelson said he has concern on #7, phone company could make recipients pay deposit to receive phone calls.  Have a real problem with that. Belinda Anderson said they are currently doing that. Commissioner Nelson said to make them a party to the rulemaking and invite their participation. Commissioner Miller said on the other hand, rulemaking could take 6 months.   Mike Gilmore agreed he thought it might take that long. Commissioner Smith asked if this was just in Idaho? Belinda Anderson said they are not currently doing it in Idaho.  These aren't allowed in our current rules.  Think the deposit requirements are clear, as long as they are aware and that they requested exemption.   **Order should speak to that. -5- Staff was asked if blocking would be an issue then? Eileen Benner spoke to how they could handle that. Belinda Anderson said sometimes it is based on other information. Commissioner Nelson said he didn't think he would go ahead and tell jailer he can do that.  There are no standards. Commissioner Smith said the people they are supervising have already lost their liberty. Mike Gilmore said everyone in the state pen has been convicted, but not so in county jails. Commissioner Nelson said there is a lot of cause for different treatment. Commissioner Miller said for the purpose of the temporary order, how do we want to handle blocking question? Commissioner Nelson said he didn't think we have enough information to say the way they are doing it is wrong but do want to do it in rulemaking. Commissioner Smith said anyone who wants call blocking should be entitled to it. Commissioner Miller said but what about the company making the decision to block calls to non-credit worthy called parties? Commissioner Smith said she wondered if these are calls for which we could say you cannot disconnect for nonpayment.  Then think it is appropriate to have some other credit screens for high bills.  Don't know what options they have. Mike Gilmore said they shouldn't be able to disconnect local services. Commissioner Miller said can leave that area basically unaddressed. Commissioner Smith asked Belinda Anderson why she thought it should be in writing? Belinda Anderson explained why.  Wanted it to be in writing that they requested it rather than because of nonpayment.  Was only way she could think of to track whether it was the consumer request or not. -6- Commissioner Smith said it would be her inclination to not get it in writing. Belinda Anderson said could do it both ways.  Could block jury members, law enforcement, etc but could get waiver for family.  Said she has not gotten a complaint.  It is just what they do in other states. Commissioner Miller said for the interim, lets not do the writing thing. Other question is:  for interim period, what did we decide on billing for calls not answered? Commissioner Smith asked if that was something they asked for exemption from? Belinda Anderson said two want exemption and one said they could do it. Commissioner Miller said Tataka says okay. Belinda Anderson explained, to bill for calls that were not denied.  They time out.   Commissioner Nelson asked how they would know if it is not accepted except by a complaint? Belinda Anderson explained how you would know. Commissioner Miller asked if answer supervision would solve the problem? Commissioner Smith said it would. Eileen Benner explained the difference in "answer supervision" of U. S. West.  Argument of making it a business expense is still valid. Mike Gilmore asked what happens if a 5-year old answer and doesn't know what to do? Belinda Anderson responded. Commissioner Miller said he wondered if we shouldn't identify this as a rules issue.  Think we need more information on it.  In the interim, think we should give them the exemption but tell them it may not last beyond the interim. -7- Commissioner Nelson said he has a lot of questions as to how it works before he says up or down.  Didn't think he could make that decision today. Mike Gilmore asked if difference in exemption should be explained? Bev Barker said we don't let other companies bill for that.   Commissioner Miller suggested when doing the order, some other phrase other than inmate environment be used. Commissioner Smith suggested inmate facility. Commissioner Nelson said he thought we will have to address that definition in the rules.  Suggested institutions of confinement language. Agreed to that. Meeting adjourned.         DATED at Boise, Idaho this       day of May, 1991.                           PRESIDENT                           COMMISSIONER                           COMMISSIONER ATTEST:                               Commission Secretary 0031M