The UW recommends denial of this claim. The UW states that the 10/12/00 appointment letter set forth additional terms of the contract, stating in part, "Enclosure A describes the privileges and benefits of this appointment…Please read this information carefully as it sets forth obligations and conditions to which you are agreeing in accepting this appointment." Enclosure A stated, "You will be a member of the Academic Staff and entitled to privileges and benefits as outlined in the Academic Staff Rules…" The UW states that the Academic Staff Rules are contained in the ASPP, which states in section 2.04, "Initial fixed term appointments…shall include a period of evaluation of at least six months…during which appointee may be dismissed at the discretion of the individual making the appointment and without right of appeal. The duration of the period shall be specified in the appointment letter. If the appointment letter does not specify the period of evaluation, the evaluation shall be for a period of six months." The UW alleges that the claimant's supervisors became concerned about his performance during the first six months of his employment. They further learned that CCH would not be extending the claimant's temporary hospital privileges and that the claimant had not obtained permanent hospital privileges as required by his contract. The UW believes that the offer and appointment letters provided the claimant with proper notice of the probationary period. The UW believes that it was incumbent upon the claimant to carefully read all documents relating to the conditions of his employment contract and that he failed to do so. The UW therefore believes that there has been no breach of contract as the claimant alleges.
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.
23. Lyndon Weberg of Tuscon, Arizona claims $548.75 for attorney's fees allegedly incurred because of incorrect information given to him by DETF. The claimant states that some time prior to October 2001, he called DETF's toll free hotline to find out how to get his ex-wife removed as a beneficiary on his disability annuity. The claimant alleges that DETF told him that he needed to obtain an attorney and get a Qualified Domestic Relations Order (QDRO). He also alleges that DETF told him his monthly annuity amount would increase as a result of the removal of his ex-wife, but that he would not be able to name a new beneficiary. The claimant states that he retained an attorney and sought a QDRO based on DETF's statements. The claimant alleges that a number of months then passed, during which DETF told him they were recalculating his monthly annuity. DETF allegedly then told the claimant that everything he had been told earlier was incorrect—his monthly annuity would not increase and he would be able to name a new beneficiary. The claimant alleges that he hired the attorney solely because of what DETF told him, which later turned out to be incorrect. The claimant also points to the fact that he has since been given the same incorrect information by staff at the DETF hotline.
DETF does not feel it is appropriate to specifically advise the Claims Board regarding payment of this claim, since the board does not have the authority to pay the claim from DETF funds and any payment would therefore have to be made from Claims Board funds. DETF points to the fact that the claimant is apparently unclear as to precisely when he made the phone call regarding he QDRO. DETF phone logs show four calls prior to October 2001. A June call and an August 2nd call were from the claimant and a July call was from the claimant's current employer, all three calls relating to other issues. On August 13 the claimant's attorney called and asked to discuss the claimant's account. He was told that DETF could not discuss the claimant's records without the appropriate release but the attorney and DETF staff did discuss, in general terms, how the filing of a QDRO could affect an annuity. DETF phone logs show a call from the claimant on October 30, 2001, relating to the filing of a QDRO. DETF admits that during this call the hotline staff gave the claimant incorrect information regarding how the QDRO would affect his annuity. However, DETF believes that, based on the phone logs and other documents, it appears that the claimant hired his attorney prior to the conversation in which he received incorrect information, which occurred on October 30. The QDRO was signed on October 23 and the claimant's attorney had called on the same subject in August. Although the phone logs could be incorrect, DETF has found no evidence of an earlier call discussing the QDRO, as the claimant alleges. Furthermore, DETF points to the fact that the billing submitted by the claimant from his attorney indicates past due balances going back over a number of months, which seems to indicate that the majority of the work performed by the during May and June ($356.25), and July ($135.00). Although a DETF employee did discuss QDROs in general terms with the claimant's attorney in August 2001, DETF believes that it is unfortunate that the claimant's attorney did not obtain the appropriate release. If he had done so, he would have been able to discuss the specifics of the claimant's annuity prior to obtaining the QDRO.
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.
24. Terri L. Nielson/Tech Trak Consulting of Reedsburg, Wisconsin claims $10,842.00 for reconsideration of her claim, which was previously denied by the board on December 7, 2001. There was a mistake made in processing the claim and the claimant was not afforded an opportunity to respond one of the memos from DOA. Because of this error, the claimant requested that the board reconsider the claim based on the additional information submitted in response to the DOA memo. DOA declines to issue any additional response and stands by its original submissions.
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. (Members Rothschild and Albers not participating.)
The Board concludes:
1. The claims of the following claimants should be denied:
Donald Smith Myron Edwards
Lynn Kirschbaum Berrell Freeman
Michael Barnhardt Dennis Gonzalez (5 claims)
Don Charles Diet z Eugene L. Schupbach
Mary Redlinger Donald Wollheim
Carolyn Carty Lyndon Weberg
Terri L. Nielson/Tech Trak Consulting
Alphoncy Dangerfield
2.
Payment of the following amounts to the following claimants from the following appropriations is justified under s.
16.007, Stats:
Inc.
Coop.
Dated at Madison, Wisconsin this __29__ day of October 2002.
Alan Lee, Chair
Representative of the Attorney General
John E. Rothschild, Secretary
Representative of the Secretary of Administration
Amanda Schaumburg
Representative of the Governor
Kevin Shibilski
Senate Finance Committee
Sheryl Albers
Assembly Finance Committee
State of Wisconsin
Ethics Board
November 5, 2002
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 2001 session of the legislature, visit the Ethics Board's web site at
http://ethics.state.wi.us/
Kraemer, Kenneth G. Wisconsin Pipe Trades Association
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 organizations that employ lobbyists.
Sincerely,
Roth Judd
Director
__________________
State of Wisconsin
Office of the Governor
October 28, 2002
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint Conway
, Dr. Steven R.,
of Athens, as a member of the Chiropractic Examining Board, to serve for the interim term ending July 1, 2005.
Sincerely,
SCOTT McCALLUM
Governor
Read and referred to committee on Health, Utilities, Veterans and Military Affairs.
__________________
State of Wisconsin
Revisor of Statutes Bureau
November 1, 2002
To the Honorable, the Senate:
The following rules have been published:
Sincerely,
GARY L. POULSON
Deputy Revisor
__________________
The committee on Labor and Agriculture reports and recommends:
Relating to Wisconsin works.
No action taken.
Relating to employer medical certification requirements under the long-term disability insurance (LTDI) program.
No action taken.
David Hansen
Chairperson
__________________
for the Month of October 2002
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Fitzgerald, for Brendon Blank, on the occasion of achieving 4-H's highest award, The 4-H Key Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Moen, for Robert Bosold, on the occasion of receiving the CALS Honorary Recognition Award.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Decker, for the D. C. Everest School District, on the occasion of all the administration, staff, students and community, on the induction of the new D. C. Everest Middle School.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Panzer, for Erik S. Deutsch, on the occasion of earning and attaining the rank of the Eagle Scout Award.
S821
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Hansen, for Kyle De Villers, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Rosenzweig, for William J. Duren, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Erpenbach, for Joyce (Gust) Endres, on the occasion of her years of dedicated service to the State of Wisconsin.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Harsdorf, for J. Andrew Finster, on the occasion of his Eagle Scout Initiation.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Panzer, for Matthew Friedemann, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Legislature on the motion of Senator Fitzgerald, for Jennifer Grebel, on the occasion of achieving 4-H's highest award, The 4-H Key Award.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Rosenzweig, for Kurt Healy, on the occasion of earning and attaining the rank of the Eagle Scout Award.
