19. George N. Scheifen of Milwaukee, Wisconsin claims $123.38 for refund of interest and penalties assessed on his 1993 sales tax return. The claimant, a first time business owner, did not receive his sales tax report form for 1993 because the Department of Revenue had him listed under an incorrect address. When he filed his personal income tax returns, the error was discovered and the claimant filed his sales tax return. The claimant was assessed penalties and interest because of the late filing. On August 2, 1994, the claimant received a delinquent tax notice for payment of the interest and penalties. The claimant's accountant contacted the DOR and protested that the interest and penalties were excessive. Ross Brown, a DOR revenue agent, agreed with him and said that he would take care of it. On October 3, 1994, the claimant received another delinquent tax notice. The claimant's accountant again contacted Mr. Brown at DOR, who seemed surprised that the problem was not yet cleared up. Mr. Brown again assured the accountant that he would take care of it. The claimant received delinquent tax notices again in November and December of 1994. In December Mr. Brown told the claimant that it was impossible to remove the interest and penalties from the computer at his end. He suggested that the claimant pay the $123.38 and request a refund. The Board concludes the claim should be paid in the reduced amount of $67.89, based on equitable principles. The Board further concludes the claim should be paid from Claims Board appropriation s.
20.505 (4)(d), Stats.
20. Gospel Mennonite School of Almena, Wisconsin claims $780.00 for costs involved in testing the school's drinking water for pesticides. In March 1995, the school received "form 1" from the DNR. This form indicated that the school needed to test their drinking water for pesticide contamination. One week later, the school received "form 2" which omits the pesticide test requirement. The school contacted the DNR and asked if they needed to perform the test. The DNR indicated that since the first form had a more recent date, they should have the test done. On March 28, the school sent a water sample to a laboratory for the test. On April 10, they received a call from the DNR saying that "form 1" was incorrect, and that the test was not needed. The school contacted the laboratory, but the test had already been run. The claimant requests reimbursement for the $780.00 lab fee. The Board concludes the claim should be paid based on equitable principles. The Board further concludes the claim should be paid from Department of Natural Resources appropriation s.
20.370 (2)(ma), Stats.
21. Clifford C. Hill of St. Germain, Wisconsin claims $330.00 for compensation for lost glasses. The claimant is a Limited Term Employe at the State Fish Hatchery in Woodruff, WI. While performing his duties, he accidentally hit himself alongside the head with a pole handle attached to the net he was using. His eyeglasses were knocked off and carried away. The Hatchery Supervisor approved reimbursement for the claimant, however, his claim was later denied because he is an LTE. He requests $330 to cover the cost of his glasses, which are not covered by his insurance policy. The Board concludes the claim should be paid in the reduced amount of $100.00, based on equitable principles. The Board further concludes the claim should be paid from Department of Natural Resources appropriation s.
20.370 (1)(mu), Stats.
22. Arthur J. Fariole of Plymouth, Wisconsin claims $850.00 for back pay and overtime pay related to his job at Kettle Moraine Correctional Institute. The claimant, an inmate at KMCI, has a job sweeping floors in the housing unit in which he resides. The claimant states that he has worked 15 hours per day, 7 days per week for the past 18 months but has only been paid for 6 hours of work per day on weekdays and 5 hours of work per day on weekends. The claimant points to the Administrative Code which states that "Full-time program assignments other than vocational training and school are equivalent to 8 hours a day" [DOC 309.55 (6) (d)]. Therefore, the claimant believes that he is entitled to be paid 8 hours per day and requests $850.00 for back wages. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
23. William Sid DuPree of Oshkosh, Wisconsin claims $25,000.00 for compensation under s.
755.05, Stats., for innocent convicts. The claimant was arrested on August 22, 1984, by the Beloit Police Department and charged with misdemeanor battery as a repeater. The case was prosecuted by A.D.A. Kate Buker. The claimant was convicted by a jury and sentenced to three years in prison on September 13, 1987. The claimant appealed his conviction and the case was reversed and remanded in July 1988. The Rock County District Attorney's office did not re-prosecute the claimant and in 1992 the case was dismissed for failure to prosecute. The appeals court found that the trial court had abused its discretion when admitting evidence of the claimant's past convictions. The trial court had ruled that all 23 of the claimant's past convictions were admissible. The appeals court ruled that many of them were extremely old and should not have been admitted. Because there was no evidence collaborating the testimony of either the claimant or his alleged victim, their credibility was the critical issue and the large number of prior convictions admitted into evidence may have influenced the jury and damaged the claimant's credibility. The claimant points to the fact that the trial judge stated on the record that he believed much of the claimant's testimony. The claimant states that he did not commit battery against the alleged victim. He states that she was grabbing at him in an attempt to initiate sexual activity and that he resisted and rejected her advances. The claimant believes that she attempted to have sex with him in order to later accuse him of rape or that she wanted to kill him and claim that she had acted in self defense because he had raped her. The claimant requests the maximum compensation of $25,000. The Board concludes the claimant has not shown by clear and convincing evidence that he was innocent of the crime for which he was imprisoned and, therefore, the claim is denied.
24. Sarah Laughlin of Ellsworth, Wisconsin claims $492.25 for uninsured medical expenses resulting from an accident at the Sellery Hall dormitory at UW-Madison. The fire extinguisher on the seventh floor hall of the dormitory was broken and a piece of metal was protruding from the case. The claimant fell against the case and seriously cut her hand on the protruding metal. Her medical bills totaled $492.25 and were not covered by health insurance. Health insurance is made available to all UW students prior to enrollment. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and the claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
S424
25. Dov Jelen of Chicago, Illinois claims $703.95 for uninsured medical expenses resulting from an accident at the UW-Madison Art School. The claimant is an art student at the UW. He was helping unload some large sheets of steel for the Art Department when one of the sheets slid loose and cut the claimant's arm. The wound was very severe and accompanied by much loss of blood. The claimant was taken by ambulance to the UW Hospital Emergency Room, where he received treatment. The claimant does not have health insurance. It is not clear whether or not the claimant was specifically instructed to help unload the metal sheets. However, the claimant is part of a group of students who are granted 24 hour access to the art studio. Students with this access are generally expected to help with the maintenance of the studio and to assist whenever necessary with the operation of the studio. It was in this context that the claimant was assisting with the unloading of the sheet metal and was injured. The Board concludes the claim should be paid in the reduced amount of $350.00 based on equitable principles. The Board further concludes the claim should be paid from University of Wisconsin appropriation s.
20.285 (1)(a), Stats.
The Board concludes:
1. The claims of the following claimants should be denied:
2. Payment of the following amounts to the following claimants is justified under s.
16.007, Stats.:
Dated at Madison, Wisconsin this 25th day of October, 1995.
Timothy Weeden
Senate Finance Committee
Ben Brancel
Assembly Finance Committee
Alan Lee
Representative of the Attorney General
Edward D. Main,
Representative of the Secretary of Administration
Stewart Simonson
Representative of the Governor
State of Wisconsin
Office of the Secretary of State
To the Honorable, the Senate:
Sincerely,
Douglas La follette
Secretary of State
State of Wisconsin
Ethics Board
October 24, 1995
To the Honorable the Senate:
At the direction of s. 13.685(7), Wisconsin Statutes, I am notifying you of changes in the Ethics Board's records of licensed lobbyists and their employers.
Organization's authorization of additional lobbyists:
The following organizations previously registered with the Ethics Board as employers of lobbyists have authorized to act on their behalf these additional licensed lobbyists:
Fire Fighters of Wisconsin, Professional
Strohl, Joseph
PrimeCare Health Plan
Tries, John
RAM Center, Inc.
O'Connor, Alice
Solid Wastes Management Assn, National
Hilbert, Lisa
Organization's termination of lobbyists:
Each of the following organizations previously registered with the Ethics Board as the employer of a lobbyist has withdrawn, on the date indicated, its authorization for the lobbyist identified to act on the organization's behalf.
Manufacturers & Commerce, Wisconsin
Theo, Peter 10/20/95
Milwaukee Brewers Baseball Club
Selig-Prieb, Wendy 10/23/95
Selig, Allan 10/23/95
Prieb, Laurel 10/23/95
Hackett, Richard 10/23/95
Bablitch, Stephen 10/23/95
Jentz, Robert 10/23/95
Klauser, David 10/23/95
Bando, Salvatore 10/23/95
Pharmacists Assn, Wisconsin
Theo, Peter 10/23/95
Also available from the Wisconsin Ethics 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 the organizations that employ lobbyists.
Sincerely,
R. Roth Judd
Executive Director
Ethics Board
October 31, 1995
To the Honorable the Senate:
At the direction of s. 13.685(7), Wisconsin Statutes, I am furnishing you with the name of an organization recently registered with the Ethics Board that employs one or more individuals to affect state legislation or administrative rules, and notifying you of changes in the Ethics Board's records of licensed lobbyists and their employers. For the recently registered organization I have included the organization's description of the general area of legislative or administrative action that it attempts to influence and the name of each licensed lobbyist that the organization has authorized to act on its behalf.
Organization recently registered:
Below is the name of an organization recently registered with the Ethics Board as employing one or more individuals to affect state legislation or administrative rules.
Pupil Services Assn, Wisconsin Federation of
We are concerned about areas that affect the delivery of Pupil Services in the public schools, including budgeting, staffing, curriculum and related areas.
Buckley, James
Organization's authorization of additional lobbyists:
The following organizations previously registered with the Ethics Board as employers of lobbyists have authorized to act on their behalf these additional licensed lobbyists:
CARE CPA
Stenger, Scott
Dental Management Services, Inc
Tries, John
Primary Health Care Assn, Wisconsin
Wall, Mari
Organization's termination of lobbyists:
Each of the following organizations previously registered with the Ethics Board as the employer of a lobbyist has withdrawn, on the date indicated, its authorization for the lobbyist identified to act on the organization's behalf.
CARE CPA
Theo, Peter 10/19/95
Effective Property Tax Relief, Wisconsin Coalition for
Theo, Peter 10/24/95
Metropolitan Milwaukee Assn of Commerce
Stitt, Don 10/24/95
Chrnelich, Joe 10/24/95
Hagerup, Chris 10/24/95
Also available from the Wisconsin Ethics 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 the organizations that employ lobbyists.
Sincerely,
R. Roth Judd
