12. Laurie Tank of Waupun, Wisconsin, claims $250.00 for damage to the her personal vehicle caused by an accident which occurred while she was traveling to a work related activity. The claimant was on her way to present certified copies of DOC records at the Federal Courthouse in Madison. The claimant was driving on a one-way street looking for a place to park and made a right-hand turn into a parking lot. As she turned into the lot, another vehicle struck her car on the passenger side. Her insurance covers all but her $250 deductible. She requests reimbursement for this amount. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
13. Franklin Meats, Inc. of Franklin, Wisconsin, claims $320.00 for damages related to the failure of a DATCP inspector to appear for a scheduled animal slaughter. The claimant's business, Franklin Meats, may not slaughter animals to sell for meat unless a DATCP inspector is present. In December 1995 the claimant had a two day slaughter scheduled on December 27 and 28. A DATCP inspector was scheduled to be present on both days. The claimant had 131 animals to slaughter over the two days. On December 27, the DATCP inspector told the claimant she could not come for the second day of slaughter because she had to take a vacation day or she would "lose" it. The claimant called DATCP to see if another inspector could be scheduled, however, there was no inspector available. The claimant was not able to finish slaughtering all 131 animals in one day and had to send 10 hogs and 8 goats to another meat processor to be butchered. The claimant would have received $20 per hog and $15 per goat if he had been able to slaughter the animals. He requests reimbursement of $320 for these losses. The Board concludes the claim should be paid in the amount of $320.00 based on equitable principles. The Board further concludes, under authority of s.
16.007(6m), Stats., payment should be made from the Department of Agriculture, Trade and Consumer Protection appropriation s.
20.115(1)(a), Stats.
14. Mark W. Hunter of DePere, Wisconsin, claims $315.00 for the cost of a cellular phone which was stolen from a locked, state owned vehicle parked at the Public Defender's Office in Green Bay. The cellular phone was purchased by the claimant's girlfriend because a credit card number was required for the purchase agreement. The claimant was the one who carried and used the phone. The claimant needed the phone because he was often inaccessible because of the travel requirements of his job as an Assistant State Public Defender. The claimant has not turned in bills for his calls because he purchased a flat-rate of time on the phone which was not reimbursable on an expense voucher. The claimant used the state vehicle in question several days before the phone was discovered missing and he left the car locked. Two other SPD employes used the car after the claimant and both have indicated they locked the vehicle. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
15. Ernest Salathe of Darlington, Wisconsin, claims $328.60 for repairs to a boat that was damaged at a state park. In June 1996 the claimant was boating at Yellowstone Lake State Park. As he came along side the dock, his boat was scratched by a nail sticking out of the side of the dock. At the time of the accident the boat was only three weeks old. The claimant requests reimbursement for the repair costs to fix his boat. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
16. David Horzewski of Fitchburg, Wisconsin, claims $97.02 for cost of sunglasses lost while he was on duty as a conservation warden. On July 1, 1995, the claimant was patrolling the Yahara River. He was wearing a pair of Ray Ban sunglasses that he had purchased to protect his eyes from harmful ultraviolet rays. Sunglasses are not provided for wardens. The claimant stopped a boater to issue a citation. During his contact with the boater he removed his sunglasses, which he always does when dealing with the public in order to assure good communication. He placed the sunglasses on the gunwale of the boat; an eleven inch wide, flat surface with a raised edge on both sides. The only other place to put the sunglasses would have been on the floor of the boat, where they might have been easily stepped on by either the claimant or the other warden in the boat. During the course of issuing the citation he accidentally knocked the sunglasses into the river. After he finished with the boater, he attempted to retrieve his glasses but could not find them. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
17. Kerry Hochstatter of Mukwonago, Wisconsin, claims $123.90 for replacement of the front grill on her vehicle. The claimant is employed at the Ethan Allen School for Boys. On August 18, 1995, after finishing her shift, the claimant discovered that the front grill on her vehicle had been stolen while the vehicle was parked in the school parking lot. The claimant is certain that the grill was not missing when she arrived at work that morning because she does a visual check of her vehicle every morning before she leaves Milwaukee. The claimant believes that she should be reimbursed because the parking lot is state property. The claimant's insurance covers $23.90 of the damage, leaving an uninsured balance of $100.00. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
18. CNA Insurance Companies of Milwaukee, Wisconsin, claims $363.80 for worker's compensation payments made to an employe of J.P. Cullen & Sons, the claimant's insured. The employe, Jason Schlough, was working at a job site at Mendota Mental Health Institute when he came in close contact with a MMHI employe who had whooping cough. Because of this exposure, he was required to miss one week of work. The claimant paid the above amount to cover lost wages and requests reimbursement from the state. Based on its long-standing policy regarding subrogation claims, the Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
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19. CNA Insurance Companies of Milwaukee, Wisconsin, claims $489.07 for worker's compensation payments made to an employe of J.P. Cullen & Sons, the claimant's insured. The employe, Kenneth Reeves, was working at a job site at Mendota Mental Health Institute when he came in close contact with a MMHI employe who had whooping cough. Because of this exposure, he was required to miss one week of work. The claimant paid $365.57 for lost wages and $123.50 for medical bills and requests reimbursement from the state. Based on its long-standing policy regarding subrogation claims, the Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
20. Carl Petersen of DePere, Wisconsin, claims $272.37 for medical bills for treatment of injuries incurred in an accident at Wisconsin State Fair Park. The claimant was visiting SFP on August 13, 1992, to attend a concert. The Claimant was a passenger in a SFP tram which tipped over. The claimant was thrown to the ground and dragged some distance. His medical bills totaled $762.40, $272.37 of which was uninsured. The Board concludes the claim should be paid in the amount of $272.37 based on equitable principles. The Board further concludes, under authority of s.
16.007(6m), Stats., payment should be made from the State Fair Park appropriation s.
20.190(1)(h), Stats.
21. Randall Franzke of Little Chute, Wisconsin, claims $327.60 for medical bills incurred when the claimant was injured in a tram accident at SFP. The claimant was visiting the park on August 13, 1992, when the SFP tram he was riding in tipped over, spilling him to the ground and dragging him some distance. The claimant has not submitted bills to his insurance company, Aetna Insurance. Aetna has indicated that they would pay 70% ($229.32) towards the claimant's medical bills if he were to submit a claim. This would leave an uninsured balance of $98.28. The Board concludes the claim should be paid in the reduced amount of $98.28 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the appropriation s.
20.190(1)(h), Stats.
The Board concludes:
1. The claims of the following claimants should be denied:
Thomas VanRooy Rob & Suzanne Saletra
Barb Abelmann Poornima Srinivas
Gary Stelpflug Plach GM & Chrysler, Inc.
Donald Nerenhausen and Associates
Mews Companies, Inc.
Brevak Construction Charles E. Crook
Laurie Tank Mark W. Hunter
Ernest Salathe David Horzewski
Kerry Hochstatter CNA Insurance Companies
2. Payment of the following amounts to the following claimants is justified under s.
16.007, Stats.:
Scott Kaun $ 200.00
Franklin Meats, Inc. $ 320.00
Carl Petersen $ 327.60
Randall Franzke $ 98.28
Dated at Madison, Wisconsin this 18 th day of December, 1996.
Alan Lee, Chair
Representative of the Attorney General
Edward D. Main, Secretary
Representative of the Secretary of Administration
Brian Burke
Senate Finance Committee
Ben Brancel
Assembly Finance Committee
Stewart Simonson
Representative of the Governor
State of Wisconsin
Investment Board
January 1, 1997
The Honorable, The Legislature:
Attached is the Investment Board's annual report to the Legislature on investment goals and strategies, as provided under section
25.17(14g) of the Statutes. Objectives for each of the major funds managed by SWIB are described and significant changes since our last report are noted.
The Board currently manages over $35.5 billion for the Wisconsin Retirement System (WRS), the ninth largest public pension fund in the U.S. and the 20th largest public or private pension fund in the world. The Board also manages over $4.6 billion in cash balances of state agencies, local governments and the WRS in the State Investment Fund (SIF).
Our investment objectives remain fundamentally the same from year-to-year. A long-term focus guides the investment strategy for the Retirement System trust funds, in keeping with their long-term obligations. Broadly diversified portfolios reduce market risk in these funds. Safety of principal and liquidity are emphasized for SIF, reflecting its shorter-term cash-management objectives.
Key points of note in this report:
•
Management of the Fixed (or balanced) Retirement Trust Fund follows a disciplined, long-term approach to the allocation of assets among various markets (such as stocks, bonds, loans and real estate). Experience suggests that this approach is more likely to continue to produce needed rates of return over time that a strategy which attempts to enter or leave the markets at the peaks or lows ("market timing").
The continued strength of the domestic market has caused the Fixed Fund to be slightly overweighed in stocks. We rebalance to achieve targeted levels in each asset class. We are making somewhat greater use of index funds in domestic and international equities to complement our predominantly active style of investment and to facilitate rebalancing.
•
We continue to maintain a high degree of liquidity in SIF. With input received from local governments, we reviewed and renegotiated more favorable insurance coverage for the Local Goverment Investment Pool component of the State Investment Fund, effective January 1, 1997.
•
The Board is also in the process of reviewing the program under which SWIB purchases certificates of deposit from qualified Wisconsin banks and thrifts. We are examining steps that might increase demand for the program without impairing SWIB's ability to earn a competitive rate of return. More discussions are planned with banking associations and financial institutions.
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•
As you know,
1995 Wisconsin Act 403 designated SWIB to manage the Tuition Trust Fund for the
EdVest Wisconsin program. We are in the process of developing the investment guidelines for the Fund. The Department of Administration is managing the program, which is scheduled to begin operation this spring.
The development of investment strategy is critically affected by the availability of resources. As we approach the 1997-99 biennial budget deliberations, our most urgent resource need is for a substantial upgrade of our information systems. this need must be addressed if we are to have the portfolio management, accounting and compliance monitoring tools that are essential to stay competitive and properly manage risk. I look forward to the opportunity to discuss this initiative with you.
As provided under
1995 Wisconsin Act 274, we will submit a report to you by March 31 which discusses investment performance through the end of 1996.
Please feel free to contact me if you have any questions about this report or other matters.
Sincerely,
Patricia Lipton
Executive Director
State of Wisconsin
Department of Employment Relations
January 6, 1997
The Honorable, The Legislature:
The Department of Employment Relations, Division of Affirmative Action is very pleased to present the 18th edition of the Affirmative Action Report for Wisconsin State Government for your information.
The report represents the fiscal year July 1995 through June 1996. It includes a summary of the Division's EEO/AA programs and services, key findings and numerous statistical reports which illustrate the status of affirmative action group members (women, racial/ethnic minorities and persons with disabilities) in the classified state service.
We look forward to continuing cooperative efforts in achieving equal employment opportunity in Wisconsin's civil service.
Sincerely,
Gregory C. Jones
Administrator
State of Wisconsin
Department of Administration
December 1996
The Honorable, The Legislature:
Attached is the Department of Administration's annual report to the Council on Small Business, Veteran-owned and Minority Business Opportunities as required by s.
16.75 (4) (a) 5, Wis. Stats.
The report evaluates the performance of Wisconsin's small businesses in submitting bids or proposals to the state and identifies the department's initiatives to encourage small, veteran-owned and minority businesses to participate in the state's purchasing program.
The report shows that the dollars the state spends with Wisconsin small businesses continues to increase.
•
The number of purchase orders placed increased to 92,276 up 3,201 (3.6%) from 1994-95.
•
The dollars awarded to Wisconsin small businesses increased to $319,861,066 up $21,913,680 (7.4%) from 1994-95.
•
The percent of dollars awarded to Wisconsin small businesses, of all state awards, increased to 40.5% from 38.3% for 1994-95.
•
The number of Wisconsin small businesses increased by 1,939 (1.6%) to 121,477.
The report excludes purchase orders to other state agencies as well as orders that are exempt from the purchasing process. It also excludes orders for postage, memberships, telephones, electric power, steam, water, and sewer, as no known Wisconsin small businesses exist to provide these commodities.
The Department of Administration remains strongly committed to working with Wisconsin's small, veteran-owned and minority businesses to increase their competitiveness and participation in the state purchasing program. This commitment is shown by the outreach and assistance activities identified in the report and in the increased share of state dollars ($21 million) awarded to small businesses.
Sincerely,
Mark D. Bugher
Secretary
State of Wisconsin
Department of Administration
December 31, 1996
The Honorable, The Legislature:
I am pleased to submit our annual Minority Business Report for fiscal year 1996. This year's report reflects a new record and increased commitment by state agencies.
State agencies spent $40,906,078 with firms designated as minority businesses.
the Department of Development has continued to expand the number of businesses certified as minority firms. A total of 640 firms have now been certified, a decrease of 13 from the 1994-95 fiscal year.
Forty-two state and quasi-state purchasing offices have awarded at least 5% or more of their purchasing dollars to certified minority businesses.
Not counting firms interested only in financial investments, 51% of the certified minority businesses received contracts for various commodities and services during fiscal year 1995-96.
