DOA recommends denial of this claim and does not believe that the claimed costs were presented to the state in a timely manner. DOA does not understand why the claimant delayed for over four years before presenting these costs to the state. DOA believes that this delay and the resulting four-year cumulative billing places an unfair and excessive burden on the state, particularly at a time when the state's ability to seek supplemental resources is essentially non-existent. DOA points to the fact that its December 22, 1992, letter, which served as a Lease Addendum, clearly stated that the security service could be cancelled or renegotiated by the Lessee. DOA therefore believes that the delayed billing denied the state the right to terminate or renegotiate the services as provided for in the First Lease Amendment. DOA also states that the First Lease Amendment states that the Lessor would be reimbursed if the costs exceeded the stated amount "per year for said guard service" which indicates that the agreement for security services was entered into on an annual basis. DOA believes that it is therefore a logical expectation that notification of the excess costs would be annual as well. Finally, it is DOA's position that, pursuant to section 15 of the original Lease, the availability of funds for the 1998 and 1999 costs had lapsed by the time the claimant presented its invoice.
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 Rothschild not participating.)
The Board concludes:
1. The claims of the following claimants should be denied:
Edna and Russell Jeske
Terrance A. Kaucic
Genevieve G. McBride
Tara L. Hoekman
Jeremy S. Daubon
Dennis Gonzalez (2 claims)
M.H. Ranch, Inc.
Heinn/Trend Corporation
2.
Payment of the following amounts to the following claimants from the following appropriations is justified under s.
16.007, Stats:
Megan E. Weinhandl $70.00 20.285(5)(h), Stats.
Dated at Madison, Wisconsin this 6 day of February 2002.
Alan Lee, Chair
Representative of the Attorney General
John E. Rothschild, Secretary
Representative of the Secretary of Administration
Sheryl Albers
Assembly Finance Committee
Amanda Schaumburg
Representative of the Governor
STATE OF WISCONSIN CLAIMS BOARD
The State Claims Board conducted hearings at the Department of Administration Building, St. Croix Room, Madison, Wisconsin, on December 19, 2002, upon the following claim:
Claimant Agency Amount
Frederick Saecker Innocent Convict $25,000.00+
The Board Finds:
The Claims Board referred this claim to a hearing examiner on December 7, 2001. On May 30, 2002, a hearing on the claim was held before Administrative Law Judge Peter C. Anderson of the Division of Hearings and Appeals. Judge Anderson has submitted to the Claims Board a Proposed Decision for the claim as well as a Proposed Decision on the Award of Attorney's Fees and Costs. After consideration of the information submitted, the Board concludes that the evidence is clear, satisfactory and convincing that the prisoner was innocent of the crime for which he suffered imprisonment. The Board concludes that the attached Proposed Decision should be adopted as the decision of the Claims Board and that Frederick Saecker should be paid the amount of $25,000.00 pursuant to section 775.05 (4), Wis. Stats. The Board further concludes that the attached Proposed Decision on the Award of Attorney's Fees and Costs should be adopted as the decision of the Claims Board and that Attorney John D. McKenzie should be paid the amount of $20,000.00 as permitted under section 775.05 (4), Wis. Stats. Under authority of s.
16.007 (6m), Wis. Stats., the Board concludes that these payments should be made from the Claims Board appropriation s.
20.505 (4)(d), Wis. Stats.
Dated at Madison, Wisconsin this __6___ day of January 2003.
Alan Lee, Chair
Representative of the Attorney General
John E. Rothschild, Secretary
Representative of the Secretary of Administration
Sheryl Albers
Assembly Finance Committee
Amanda Schaumburg
Representative of the Governor
The following appointments to the Professional Standard Council for Teachers are continued from the 2001 session.
Jones
, Lakeia,
of Milwaukee, as a member of the Professional Standards Council for Teachers, to serve for the term ending July 1, 2002.
Referred to committee on Education, Ethics and Elections.
ALLEN, RAY, of Madison, as a member of the Professional Standards Council for Teachers, to serve for the term ending July 1, 2004.Referred to committee on Education, Ethics and Elections.
Referred to committee on Education, Ethics and Elections.
Champeau, Ryan,
of Waukesha, as a member of the Professional Standards Council for Teachers, to serve for the term ending July 1, 2003.
Referred to committee on Education, Ethics and Elections.
Coballes-Vega, Carmen, of Oshkosh, as a member of the Professional Standards Council for Teachers, to serve for the term ending July 1, 2005.Referred to committee on Education, Ethics and Elections.
Referred to committee on Education, Ethics and Elections.
Hermening, Kevin,
of Mosinee, as a member of the Professional Standards Council for Teachers, to serve for the term ending July 1, 2003.
Referred to committee on Education, Ethics and Elections.
Lewno, Pat, of Racine, as a member of the Professional Standards Council for Teachers, to serve for the term ending July 1, 2005.Referred to committee on Education, Ethics and Elections.
Referred to committee on Education, Ethics and Elections.
Opelt
, Diane,
of Greenwood, as a member of the Professional Standards Council for Teachers, to serve for the term ending July 1, 2004.
Referred to committee on Education, Ethics and Elections.
Smith-Gross, Muriel, of Milwaukee, as a member of the Professional Standards Council for Teachers, to serve for the term ending July 1, 2003.Referred to committee on Education, Ethics and Elections.
Referred to committee on Education, Ethics and Elections.
Xiong
, Kou Y.,
of Menomonie, as a member of the Professional Standards Council for Teachers, to serve for the term ending July 1, 2004.
Referred to committee on Education, Ethics and Elections.
__________________
State of Wisconsin
Office of the Governor
January 10, 2003
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint Bridge
, Burnie,
of Madison, as a Public Service Commissioner, to serve for the interim term ending March 1, 2003, and for the full term ending March 1, 2009.
Sincerely,
JIM DOYLE
Governor
Read and referred to committee on Energy and Utilities.
State of Wisconsin
Office of the Governor
January 10, 2003
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint Gassman, Roberta,
of Madison, as Secretary of the Department of Workforce Development, to serve for the term ending at the pleasure of the Governor.
Sincerely,
JIM DOYLE
Governor
Read and referred to committee on Economic Development, Job Creation and Housing.
State of Wisconsin
Office of the Governor
January 10, 2003
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint Frank
, Matthew,
of Middleton, as Secretary of the Department of Corrections, to serve for the term ending at the pleasure of the Governor.
Sincerely,
JIM DOYLE
Governor
Read and referred to committee on Judiciary, Corrections and Privacy.
State of Wisconsin
