We have completed a financial audit of the State of Wisconsin Educational Communications Board (ECB) Radio Network to meet our audit requirements under s.
13.94, Wis. Stats., and as requested by ECB to fulfill the audit requirements of the Corporation for Public Broadcasting. The Corporation requires audited financial statements of public broadcasting entities to determine future funding levels.
ECB, which is an agency of the State of Wisconsin, operates a radio network of 12 FM stations and 1 AM station, as well as a television network of 5 digital stations and 5 analog stations. The Radio Network received $8.3 million in support and revenue during fiscal year 2003-04, including state support, member contributions, funding from the Corporation for Public Broadcasting, and various other grants.
Our audit report contains the ECB Radio Network's financial statements and related notes for the period July 1, 2003, through June 30, 2004. We were able to issue an unqualified independent auditor's report on these statements. However, we identified concerns with ECB's capital asset accounting procedures and new capital asset system, which ECB has begun to address.
We appreciate the courtesy and cooperation extended to us by ECB staff during the audit.
Sincerely,
JANICE MUELLER
State Auditor
State of Wisconsin
Department of Administration
December 15, 2004
The Honorable, The Legislature:
This report is transmitted as required by s.
20.002(11)(f), Wisconsin Statutes, (for distribution to the appropriate standing committees under s.
13.172(3), Wisconsin Statutes), and confirms that the Department of Administration found it necessary to exercise the "temporary reallocation of balances" authority provided by this section in order to meet payment responsibilities and cover resulting negative cash balances during the month of November 2004.
On November 1, 2004, the
Medical Assistance Trust Fund cash balance closed at its intramonth low of a negative $191.7 million. The fund's negative cash balance continued through November 30, 2004 when the fund's cash balance closed at a negative $187.8 million. The deficit is due to federal revenues falling short of estimates included in
2003 Wisconsin Act 33.
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On November 1, 2004, the
Agricultural Chemical Cleanup Fund cash balance closed at a negative $5.0 thousand. The fund's negative cash balance continued until November 26, 2004, when the fund's cash balance closed at a positive $9.0 thousand. The negative balance was due to the difference in the timing of revenues and expenditures.
On November 17, 2004, the Tuition Trust Fund cash balance closed at a negative $13.0 thousand. The fund's negative cash balance continued through November 30, 2004, when the fund's cash balance closed at a negative $14.0 thousand. The negative balance was due to the difference in the timing of revenues and expenditures.
The Medical Assistance Trust Fund, the Agricultural Chemical Cleanup Fund, and the Tuition Trust Fund shortfalls were not in excess of the statutory interfund borrowing limitations and did not exceed the balances of the funds available for interfund borrowing.
The distribution of interest earnings to investment pool participants is based on the average daily balance in the pool and each fund's share. Therefore, the monthly calculation by the State Controller's Office will automatically reflect the use of these temporary reallocations of balance authority and, as a result, the funds requiring the use of the authority will effectively bear the interest cost.
Sincerely,
MARC J. MAROTTA
Secretary
Referred to joint committee on Finance.
State of Wisconsin
Department of Health and Family Services
December 17, 2004
The Honorable, The Legislature:
Enclosed is the 2004 annual report of the Wisconsin Council on Physical Disabilities. Preparation and distribution of the report is required by section 46.29(1)(f) of the state statutes.
If you have questions about the report, please contact Dan Johnson at 608-267-9582. Mr. Johnson is Director of the state Office for Persons with Physical Disabilities, the unit to which the Council is administratively attached.
Sincerely,
HELENE NELSON
Secretary
University of Wisconsin System
December 13, 2004
The Honorable, The Legislature:
The 1999-2001 State of Wisconsin Biennial Budget,
1999 Wisconsin Act 9, included a provision to change the University of Wisconsin System's appropriation for tuition and fee revenues (Academic Student Fees, Fund 131) from an annual, sum certain appropriation to a continuing appropriation.
Wisconsin Act 9 required the Board of Regents to report annually, beginning on December 15, 2000, the amount by which actual expenditures in the previous fiscal year, in this case, 2003-04, exceeded the amount in the schedule for that appropriation in the previous fiscal year. That report, including the purposes for which the additional revenues were spent and the amount spent for each purpose, is attached. The Board of Regents approved this report for submission at its December 10, 2004 meeting.
Please contact Lynn Paulson at (608) 263-7481, if you have any questions related to this report.
Sincerely,
DEBORAH A. DURCAN
Vice President for Finance
Referred to joint committee on Finance.
State of Wisconsin
Claims Board
December 17, 2004
The Honorable, The Senate:
Enclosed is the report of the State Claims Board covering the claims heard on December 2, 2004.
The amounts recommended for payment under $5,000 on claims included in this report have, under the provisions of s.
16.007, Stats., been paid directly by the Board.
The Board is preparing the bill(s) on the recommended award(s) over $5,000, if any, and will submit such to the Joint Finance Committee for legislative introduction.
This report is for the information of the Legislature. The Board would appreciate your acceptance and spreading of it upon the Journal to inform the members of the Legislature.
Sincerely,
JOHN E. ROTHSCHILD
Secretary
STATE OF WISCONSIN
CLAIMS BOARD
The State Claims Board conducted hearings at the State Capitol Building in Madison, Wisconsin, on December 2, 2004, upon the following claims:
Claimant Agency Amount
The following claims were considered and decided without hearings:
Amount Claimant
Agency
The Board Finds:
1. Steven Avery of Three Rivers, Wisconsin, claims $1,135,991.61 for compensation for wrongful conviction pursuant to §775.05, Stats. The claimant was convicted of the July 1985 rape and beating of a Manitowoc County woman. The victim erroneously identified the claimant as her attacker and, despite the testimony of 16 alibi witnesses, he was sentenced to 32 years in prison. The claimant states that he maintained his innocence at all times and vigorously pursued his defense and all available appeals. In 1995, the claimant requested DNA testing of the fingernail scrapings found on the victim. The tests found DNA that did not belong to the claimant, but were not conclusive and the Circuit Court and Court of Appeals denied the claimant's appeals for post-conviction relief. In 2003 the Innocence Project assisted the claimant in getting another round of DNA testing—this time of the public hairs collected from the victim's "rape exam." Using more advance testing, the tests conclusively proved that the hair did not belong to the claimant, but instead belonged to Gregory A. Allen, whose DNA profile was in the state databank. (Mr. Allen is currently incarcerated for a similar crime, committed after the claimant was wrongfully imprisoned.) In September 2003, the Manitowoc County Circuit Court ruled that this new DNA evidence provided irrefutable proof that the claimant was innocent of the crime for which he was convicted. The Manitowoc County District Attorney stipulated to the claimant's innocence and the claimant was released in September 2003, after serving over 18 years in prison.
The claimant does not believe that the statutory maximum of $25,000 allowed under §775.05, Stats., is sufficient compensation for the 18 years he wrongfully spent in prison. When the claimant entered prison, he was 23 years old and working as an automobile mechanic. The claimant is now 42 years old and has lost more than 18 years of earned income, social security earnings history, and retirement savings. The claimant has consulted with vocational experts, who estimate his lost wages at $799,000, his lost Social Security contributions at $28,300, and his lost retirement earnings at $79,000. In addition, the claimant lost the ability to advance his vocation, including the opportunity to become a partner with his brothers in their family's business. The value of the lost opportunity to advance his vocation is estimated at $190,000. Based on the calculations and analysis performed by the experts consulted by the claimant, he estimates his total financial losses at $1,097,200. The claimant requests that the Claims Board provide him with immediate relief by granting him the maximum statutory compensation of $25,000, and that the board then request an additional $1,072,200 from the state legislature to compensate him for his remaining financial losses.
The claimant states that, as a result of his wrongful incarceration, he incurred $23,791.61 in post-conviction attorneys' fees and expenses. Some of these costs were paid by family and friends, to which the claimant is now indebted, and a portion of the fees are still owing to his attorneys. In addition to these services provided by private attorneys, the Wisconsin Innocence Project provided the claimant with pro bono legal services valued at $15,000. Although the Innocence Project does not charge for its services, the claimant wishes to fairly compensate them for their assistance so that they may use the resources to assist other wrongfully convicted individuals. The claimant therefore requests that the Claims Board award an additional $38,791.61 for his attorneys' fees.
In addition to his financial losses, the claimant's wrongful imprisonment has caused him enormous emotional and personal suffering. He lost his wife, the ability to develop a relationship with his young children, his freedom, his civil rights and his dignity. He therefore also requests compensation, in an amount deemed appropriate by the board and the legislature, for the emotional injuries he has suffered.
Finally, the claimant requests that the Claims Board set aside its usual policy of not deciding claims while a claimant is pursuing other avenues of relief. Although he has filed a civil rights action in federal court to seek compensation from Manitowoc County, this action seeks compensation on different ground and from different government entities than this current claim. This statutory claim seeks state compensation, regardless of fault, as provided for in §775.05, Stats. After his long imprisonment, the claimant is now destitute and needs prompt compensation in order to begin his life again. The claimant does not believe that there is anything in the language, purpose or history of §775.05, Stats., that justifies making him wait any longer to receive the statutory compensation to which he is entitled.
The claimant therefore requests that the Claims Board (1) directly award $63,791.61—the statutory maximum of $25,000, plus $38,791.61 in attorney's fees; and (2) make a recommendation to the legislature requesting compensation in the amount of $1,072,200 for the claimant's remaining financial losses, plus any additional amount deemed appropriate compensation for the his non-financial injuries and losses.
The Board is constrained by §775.05, Stats., to a maximum of $25,000, plus attorney's fees. The Board therefore concludes the claim should be paid in the amount of $25,000, plus attorney's fees in the amount of $23,791.61, for a total award of $48,791.61. The Board further concludes, under authority of §16.007 (6m), Stats., that payment should be made from the Claims Board appropriation §20.505 (4)(d), Stats. The Board declines at this time to recommend additional payment to the legislature because a legislative committee is presently considering a range of issues concerning innocent convicts. The committee may make recommendations on the issue of compensation for innocent convicts.
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2. Timothy M. Rupiper of Lena, Wisconsin claims $3,603.94 for damage to vehicle and personal property incurred when a tree fell on his truck. The incident occurred on June 24, 2004, while the claimant's truck was parked at Green Bay Correctional Institution where the claimant is employed. The claimant states that the tree was almost entirely rotted away inside, with 10% or less of the trunk still alive when the tree fell. The claimant believes that the Department of Corrections should have been aware of the diseased condition of the tree prior to the incident, because the tree was only 65% leafed out, according to a statement made by the maintenance person who oversaw tree trimming on the grounds. The claimant disputes Corrections' assertion that they would have promptly removed the tree had they know it was diseased. He points to the fact that, although several months have passed since this incident, another tree with obvious signs of disease and dead branches remains right next to the very same parking lot. The claimant states that, at the time of the incident, several immediate supervisors told him that his damages would be covered by the state because the tree was obviously diseased. The claimant also states that, were it not for these assertions, he would have taken additional steps to document the condition of the tree at the time of the incident. The claimant states that he only carried liability insurance on the vehicle, but he does not believe that should be a factor, since he believes that the state is clearly at fault for failing to remove the diseased tree. Finally, the claimant alleges that Corrections has repeatedly provided false information to the Claims Board in its responses to this claim and the claimant believes that Corrections is attempting to deceive the board. The claimant requests reimbursement as follows: $2200 book value for his 1991 Toyota pickup truck, $600 for his fiberglass topper, and $60 for a car seat which was also destroyed. The claimant also requests reimbursement for travel time and expenses incurred pursuing this claim in the amount of $743.94.
The Department of Corrections recommends denial of this claim. The Department apologizes for having provided some incorrect information in its original response to this claim and for any confusion that information may have caused. Despite some confusion regarding whether or not the tree had been recently trimmed prior to the incident, the Department maintains that there was no outward sign of disease or rot and that the tree was leafed out and appeared healthy. The Department states that, had there been any sign of disease, the tree would have been removed. Although it appears that, at the time of the incident, several individuals may have made statements to the claimant in support of paying his claim, none of these individuals had any authority to authorize any payment of the claimant's damages. The Department does not believe that statements of support made by co-workers form any basis for granting this claim. Corrections also states that it has no way of independently confirming the value claimed by the claimant for his vehicle. Furthermore, the Department believes that the claimant bears some responsibility for his loss, due to his failure to maintain insurance coverage for his vehicle. The Department does not believe it had any advance warning that the tree was a danger and does not believe that the claimant has proven any negligence on the part of the state.
The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees and this claim is neither one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
