The Department of Corrections recommends denial of this claim. The department states that during the claimed time periods the claimant was out to court (OCO) and therefore could not have performed his barber duties. DOC records indicate that the claimant was OCO for a portion of both of the pay periods in question but that he was paid wages for the days during those pay periods when he was not OCO. Pursuant to institution policy, inmates can not be paid wages while they are out to court and the department recommends denial of this claim.
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. [Member Sherman not participating.]
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22.
Robert Osowski of Waupun, Wisconsin, claims $40.75 for the full purchase price of television damaged by Department of Corrections' staff. In December 2008, the claimant was transferred from Redgranite Correctional Institution (RGCI) to Waupun Correctional Institution (WCI). The claimant's television, which was in good working order at RGCI, was broken when it was moved to WCI. The claimant notes that the DOC does not deny that the TV was broken while under staff control. The claimant filed an administrative complaint with the department requesting reimbursement for the $116.75 purchase price of the television. The claimant was only reimbursed $76 because the DOC depreciated the value of the TV, which was purchased in 2005. The claimant appealed the depreciation of the television but was denied. The claimant states that the department's depreciation schedule was not effective until April 2006. The claimant alleges that at the time he purchased his TV, DOC policy was to reimburse inmates for the full value of their damaged property. He believes his claim should be evaluated under that policy. He requests reimbursement for the remainder of the purchase price, $40.75.
The Department of Corrections recommends denial of this claim. The department does not deny the television was damaged while under staff control. The DOC states that it has established a policy to fairly reimburse inmates for property damaged by staff. This policy creates a depreciation schedule for various types of property and the claimant was reimbursed according to this schedule. The department notes that the claimant's television was 45 months old and the DOC does not believe the claimant is entitled to be reimbursed for the cost of a brand new TV. The DOC notes that the predecessor rule to which the claimant refers was virtually indistinguishable from the rule under which the claimant was reimbursed. This prior rule was effective June 1, 2004, and therefore would have been in effect when the claimant purchased his television. The department further states that the purchase date of the television is only relevant for determining its depreciated value. It is the date that property is damaged which determines the rule that is in effect pursuant to which an inmate will reimbursed.
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. [Member Sherman not participating.]
The Board concludes:
That the following claims are denied:
Craig G. BucholzJerome Franke
Stephen Kramer
Joseph M. Huber
Michael and Tammy Reynolds
Kim L. Polinski
Timothy Schimmel
William Wachowiak
Dennis and Diana Denman
Milton Smith
Myron E. Edwards (2 claims)
Victor Edmondson
John H. Jones
Jovanni Lopez
Robert Osowski
That payment of the below amounts to the identified claimants from the following statutory appropriations is justified under § 16.007, Stats:
The Board recommends:
Steve Means
Dave Hansen
Cari Anne Renlund
Gary Sherman
Assembly Finance Committee
__________________
State of Wisconsin
Legislative Audit Bureau
September 22, 2009
The Honorable, The Legislature:
As required by s.
39.46, Wis. Stats., we have completed a limited-scope review of the dental education contract between the State of Wisconsin and the Marquette University School of Dentistry for fiscal year (FY) 2006-07 and FY 2007-08. During this period, the State provided tuition aid of $8,753 each to 158 Wisconsin residents enrolled in the undergraduate dental education program in FY 2006-07, and 160 Wisconsin residents enrolled in FY 2007-08, for a total of nearly $2.8 million during the two-year period.
Overall, we found that Marquette University was in compliance with its contract with the State and with requirements set forth in s.
39.46, Wis. Stats. During our review, we confirmed the students for whom Marquette University claimed tuition aid were certified by the Higher Educational Aids Board as Wisconsin residents and were eligible to receive this aid. In addition, Marquette University spent funds from the State only for the undergraduate dental school program, it targeted Wisconsin residents for enrollment in the program, and it promoted minority enrollment.
We appreciate the courtesy and cooperation extended to us by Marquette University staff during our review.
Sincerely,
janice mueller
State Auditor
__________________
State of Wisconsin
Legislative Audit Bureau
September 22, 2009
The Honorable, The Legislature:
As required by s.
13.94(1)(dg), Wis. Stats., we have completed a limited-scope review of the dental services grant provided by the Department of Health Services to the Marquette University School of Dentistry for fiscal year (FY) 2006-07 and FY 2007-08. During our review period, Marquette University received general purpose revenue funding of $2.8 million in each year to provide dental services to low-income individuals at clinics in various locations throughout Wisconsin.
Overall, we found Marquette University has developed and implemented adequate procedures to ensure compliance with statutory and grant requirements. In addition, we confirmed that funds provided by the State were expended only for services normally considered a part of comprehensive general dental treatments.
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We note that dental services expenses exceeded revenues by $2.6 million in FY 2006-07, and $2.7 million in FY 2007-08. Marquette University staff indicate that clinic revenues, which include the State's grant as well as patient fees and other revenues, are not intended to cover all costs.
We appreciate the courtesy and cooperation extended to us by Marquette University staff during our review.
Sincerely,
janice mueller
State Auditor
__________________
State of Wisconsin
Legislative Audit Bureau
September 23, 2009
The Honorable, The Legislature:
Earlier this year, the Joint Legislative Audit Committee directed this office to conduct a comprehensive audit of the State's child care subsidy program, Wisconsin Shares, which is administered by the Department of Children and Families (DCF). Our June 2009 letter report on the first phase of that audit identified numerous eligibility, wage verification, and record-keeping problems and estimated that, as a result, $22.5 million in improper subsidy payments had been made in 2008. Our evaluation of the overall effectiveness of child care regulation is ongoing, but we are writing at this time to disclose a serious problem we discovered during the course of our work.
In July 2009, we began to compare the addresses of registered sex offenders to addresses for the sites at which all licensed and certified child care providers care for children. We subsequently found four matches. DCF and the Department of Corrections (DOC), which maintains Wisconsin's Sex Offender Registry, were notified immediately and have confirmed the accuracy of the matches we found in electronic records. They are continuing to follow up and at this point believe that no child was harmed as a result of the situations we identified. However, we could not independently determine whether registered sex offenders had ever been present while care was being provided, and unless procedures are implemented to ensure similar situations do not occur in the future, such a potential will exist.
In response to our findings, DCF issued a memorandum on August 25, 2009, directing state licensing and county certification staff to search an electronic database of registered sex offenders for anyone who applies for licensure or certification as a child care provider.
Our work on sex offender data matches is complete, but we are continuing to compare DCF's information on child care providers, their employees, and other household members with both criminal records maintained by the Wisconsin Department of Justice and records of substantiated cases of child abuse or neglect maintained by DCF. If necessary, we will report our findings separately upon completion of our analyses. We expect that the entire child care regulation evaluation will be completed in December 2009.
We appreciate the courtesy and cooperation of DCF and DOC in completing this analysis.
Sincerely,
janice muller
State Auditor
__________________
Relating to commercial fishing in outlying waters and affecting small business.
Submitted by Department of Natural Resources.
Report received from Agency, September 22, 2009.
Referred to committee on Transportation, Tourism, Forestry, and Natural Resources, September 23, 2009.
Relating to the use of designations or certifications purporting to demonstrate special expertise in the financial or retirement needs of seniors.
Submitted by Insurance Commissioner.
Report received from Agency, September 21, 2009.
Referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, September 23, 2009.
Relating to minor revisions to securities administrative code sections for conformity with Wisconsin securities statutes, filings and securities agent examination matters.
Submitted by Department of Financial Institutions.
Report received from Agency, September 21, 2009.
Referred to committee on Veterans and Military Affairs, Biotechnology, and Financial Institutions,
September 23, 2009.
Relating to statutory residents.
Submitted by Technical College System Board.
Report received from Agency, September 22, 2009.
Referred to committee on Small Business, Emergency Preparedness, Technical Colleges, and Consumer Protection, September 23, 2009.
__________________
By Patrick E. Fuller, chief clerk.
Mr. President:
I am directed to inform you that the Assembly has passed and asks concurrence in:
Assembly Bill 57
Assembly Bill 131
Assembly Bill 138
Assembly Bill 164
