Fannie Rhodes $452.00 $162.29
Nicholas Roesler $179.00 $131.57
On August 12, 2011, the Claims Board initially reviewed 17 similar claims. For each claim, employees listed various items of personal property that he or she kept at the office. DOC reviewed the claims and, following review, DOC recommended that each and every item of personal property listed be reimbursed, subject only to the standard IRS depreciation schedule.
State Risk Management generally does not provide coverage for employee personal property "except as needed for legitimate state business purposes as determined and agreed to in writing in advance by the agency risk manager." Given the wide variety of personal property that was listed for reimbursement, the Claims Board questioned whether all of it was actually work related. Because of the Risk Management policy and the Claims Board's questions, the Claims Board asked DOC to confirm the work related nature of the personal property. The Board specifically asked DOC to decide which personal property items could be characterized as having a legitimate state business purpose. DOC responded by affirming that every item listed by each claimant was legitimately work related.
S903
Based solely on DOC's affirmation that all claimed property is legitimately work related, the Board concludes the claims should be paid in the reduced amounts recommended by DOC, 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)(b), Stats. The Board further reaffirms the precedent set forth in its December 13, 1977, decision of the claim of Karen Gruba, that state employees not be reimbursed for the loss of "personal property brought to their work station for their convenience and enjoyment," and states that the payment of these claims is not intended to serve as future precedent for similar claims.
The Board concludes:
That the following identified claimants are denied:
Richard Wood
Michael T. Davis
James A. Newson
Joey Davis
R.D. Black
That decision of the following claims is deferred to a later date:
Kelle & Brian Dorn
Tramell Starks
Antonio D. Johnson
John & Bonnie Weiglein. The claimants and DOT appeared before the Board and indicated they are in the process of finalizing a resolution to both claims. The Board directed DOT to contact Claims Board staff regarding the status of this matter prior to the next Claims Board meeting.
That payment of the below amounts to the identified claimants from the following statutory appropriations is justified under S 16.007, Stats:
Dated at Madison, Wisconsin this 12th day of October, 2012.
Steve Means
Gregory D. Murray
Brian Hagedorn
Representative of the Governor
lena c. taylor
Senate Finance Committee
patricia strachota
Assembly Finance Committee
__________________
State of Wisconsin
Government Accountability Board
October 16, 2012
The Honorable, The Senate:
The following lobbyists have been authorized to act on behalf of the organizations set opposite their names.
For more detailed information about these lobbyists and organizations and a complete list of organizations and people authorized to lobby the 2011-2012 session of the legislature, visit the Government Accountability Board's web site at
http://gab.wi.gov/.
Graul, Mark American Cancer Society
Cancer Action Network (ACS CAN)
Julius, Buddy New Resources Consulting,
LLC
Petersen, Eric J Physicians Plus Insurance
Corporation
Sheridan, Michael Wisconsin State AFL-CIO
Stephenson, Sean American Cancer Society
Cancer Action Network (ACS CAN)
Also available from the Wisconsin Government Accountability Board are reports identifying the amount and value of time state agencies have spent to affect legislative action and reports of expenditures for lobbying activities filed by organizations that employ lobbyists.
Sincerely,
kevin kennedy
Director and General Counsel
