2001 - 2002 LEGISLATURE
April 18, 2001 - Introduced by Representative Albers, cosponsored by Senator
Shibilski, by request of Claims Board. Referred to Joint committee on
1An Act relating to: expenditure of $10,097.23 from moneys appropriated to the
2department of administration in payment of a claim against the state made by
3Jodi Dabson Bollendorf.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $10,097.23 from moneys appropriated to the
department of administration (DOA) for the 1999-2001 fiscal biennium to pay the
salaries and fringe benefits of district attorneys and state employees in the offices
of district attorneys and certain other related costs in payment of a claim against
DOA made by Jodi Dabson Bollendorf. The claimant is employed by the state as an
assistant district attorney in Rock County. In January 1999, the claimant received
notice from the Board of Attorneys Professional Responsibility (BAPR) that an ethics
grievance had been filed against her relating to alleged false statements that she
made to the circuit court at a sentencing hearing. The claimant retained private
legal counsel to represent her during an investigation of the complaint conducted by
BAPR. In November 1999, the administrator of BAPR found no violation by the
claimant of the rules of professional responsibility and dismissed the complaint. The
claimant claimed reimbursement for $10,097.23 in attorney fees which she incurred
in the matter.
Under s. 895.46 (1), stats., the state must either provide representation or pay
attorney fees for a state employee who is a defendant in an action or proceeding
arising with respect to a matter within the scope of employment, if the employee
gives timely notice to his or her department head. Under s. 165.25 (6) (a), stats., the
attorney general may appear for any state employee in a matter brought before an
administrative agency at the request of the employee's department head. In the
instant case, the claimant did not notify DOA and DOA did not request
representation by the attorney general. However, the claims board recommended
payment of this claim on July 13, 2000, based upon equitable principles. See 1999
Senate Journal, pp. 704-705.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB333, s. 1
Claim against the state.
There is directed to be expended from 2
the appropriation under section 20.475 (1) (d) of the statutes, as affected by the acts 3
of 1999 and 2001, $10,097.23 in payment of a claim against the state made by Jodi 4
Dabson Bollendorf, Janesville, Wisconsin, as reimbursement for attorney fees 5
incurred in defending herself in the investigation of an ethics grievance filed against 6
her with the Board of Attorneys Professional Responsibility in 1999. Acceptance of 7
this payment releases this state and its officers, employees, and agents from any 8
further liability resulting from expenses incurred by the claimant in defending 9
herself in this investigation.