10. Mark Brown of Boscobel, Wisconsin claims $19.66 for the value of ordered canteen items confiscated and destroyed by the Department of Corrections. The claimant is an inmate at Wisconsin Secure Program Facility. The claimant states that in November 2006 he was given a canteen menu and was verbally told by the guard that he could order items off that menu. The claimant ordered $19.66 of food and hygiene items from the canteen menu. When the ordered items were about to be delivered, a guard told the claimant that he was not allowed to have the items and confiscated them. The claimant requested that he be allowed to send out the items but the DOC denied that request and destroyed the items. The claimant believes that he should have been allowed to send out his items and requests reimbursement for the destroyed property.
The DOC recommends denial of this claim. The DOC states that the claimant has been in program segregation status and has been a Step Program inmate since July 2006. The Step Program has a limited canteen menu. The DOC states that the claimant ordered items that he was not allowed to have from a menu clearly labeled "High Risk Offender Program." The DOC states that he was well aware of his Step Program status and that he knew he must order from the menu labeled "Step Inmates". The DOC further states that it is the inmate's responsibility to order from the correct menu. The DOC destroyed the items because, pursuant to institution policy, inmates are not allowed to send out any items purchased from the canteen.
The Board concludes the claim should be paid in the amount of $19.66 based on equitable principles. The Board further concludes, under authority of §
16.007 (6m), Stats., payment should be made from the Department of Corrections appropriation §
20.410 (1)(a), Stats.
11. Mark Brown of Boscobel, Wisconsin, claims $61.70 for the value of items allegedly missing from his property. The claimant states that in December 2003, while an inmate at Oshkosh Correctional Institution, he ordered twice from the institution canteen (on December 8th and December 22nd). On December 25th the claimant was placed into temporary lock-up and his property was taken from him. The claimant alleges that when he was released from temporary lock-up and his property was returned, the majority of his canteen property, mostly food items, was missing. The claimant requests payment of the value of the missing items.
The Department of Corrections recommends payment of this claim in the reduced amount of $8.04. The DOC states that the property inventory completed on December 25th, when the claimant was placed in temporary lock-up, shows no canteen food items, though numerous non-edible items are listed. The DOC states that if food items had been in the claimant's property, they would have been noted on the inventory list along with the other property. The DOC does acknowledge that the property inventory form is irregular in that does not contain the claimant's signature. However, the DOC points to the fact that it is impossible to know how quickly the claimant consumed the food items he purchased. The DOC therefore recommends the claimant be reimbursed for half of the food items from his December 22nd canteen purchase, which amounts to $8.04.
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.
12. Mark Brown of Boscobel, Wisconsin, claims $48.63 for the unreimbursed value of a damaged television set. The claimant's television was moved when he was transferred from Racine Correctional Institution to Wisconsin Secure Program Facility. No damage was noted to television when it was packed at RCI, however there was damage to the TV when it arrived at WSPF. The Department of Corrections depreciated the TV at 10% per year and only reimbursed the claimant $112. The claimant does not believe this depreciation is fair, as he would be charged full value for any DOC property he damaged. The claimant paid $159.75 for the TV and requests reimbursement for the remaining value plus $0.88 tax, for a total of $48.63.
The DOC recommends denial of this claim. The DOC has established policies to reimburse inmates for damaged property in a fair and uniform manner. Pursuant to the DOC Internal Management Procedure Property Depreciation Schedule, TVs are considered to have a total of 10 useful years and are therefore depreciated at 10% annually. The claimant paid $159.75, which was rounded to $160. The TV was three years old and was therefore depreciated 30%. The DOC notes that the claimant never filed any appeal protesting the depreciation of the TV at the time the decision was made. The DOC does not believe the claimant is due any additional payment.
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.
13. Shirell Watkins, Sr. of Boscobel, Wisconsin, claims $108.55 for the unreimbursed value of a damaged television set and fan. In October 2003, the claimant was transferred from Green Bay Correctional Institution to the Wisconsin Secure Program Facility. Staff at GBCI packed the claimant's property, including a TV and fan, neither of which were noted as damaged. In 2006, during a routine property check of the WSPF warehouse, it was noted that both the fan and the TV were damaged. The claimant objects to the fact that the Department of Corrections depreciated the fan by 50% and the TV by 40% when calculating the reimbursement value. The claimant does not believe this depreciation is fair, as he would be charged full value for any DOC property he damaged. The claimant also objects to the fact that the DOC deducted 5% sales tax from the TV purchase. The claimant alleges that he did not pay any sales tax on the TV purchase. The claimant was reimbursed $149 by the DOC and requests payment of an additional $108.55 to cover the full purchase price of his fan and TV.
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The DOC recommends denial of this claim. The DOC has established policies to reimburse inmates for damaged property in a fair and uniform manner. Pursuant to the DOC Internal Management Procedure Property Depreciation Schedule, both fans and TVs are considered to have a total of 10 useful years and are therefore depreciated at 10% annually. The Schedule also indicates that if no receipt is available, an item is assumed to be 5 years old and that taxes and shipping & handling should not be included in the base price for reimbursement. There was no receipt for either the TV or the fan. The cost of the TV was $235.50 minus 5% for sales tax. The age of the TV was determined from the claimant's trust account statement, which showed the payment for the TV. The TV was four years old and was therefore depreciated 40%, for a reimbursement of $136. The age of the fan was unknown, so it was depreciated at 50% for a reimbursement of $13. The DOC reimbursed the claimant according to its standard policy and does not believe that there are any equitable grounds to grant him any additional payment.
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.
The Board concludes:
That the claims of the following claimants should be denied:
Fred and Leslie Schweinert
David E. Johnson
Audio Contractors, LLC
Steven J. Graf
Todd Burow (14 claims)
Tomas Barajas
Mark Brown ($61.70)
Mark Brown ($48.63)
Shirell Watkins, Sr.
That payment of the following amounts to the following claimants from the following statutory appropriations is justified under s. 16.007, Stats:
The Board recommends:
Payment of $10,317.93 to Klemme Brothers Well Drilling for damages relating to well drilling costs, and that this payment be taken from Department of Natural Resources appropriation § 20.370 (4)(mq), Wis. Stats.
Dated at Madison, Wisconsin this 11th day of June, 2007.
Robert Hunter
Chair, Representative of the Attorney General
John E. Rothschild
Secretary, Representative of the Secretary of Administration
Nate Zolik
Representative of the Governor
Jeffrey Stone
Assembly Finance Committee
