10. Lashone Jackson of Boscobel, Wisconsin claims $160.00 for the full cost of a television allegedly improperly destroyed by DOC staff. The claimant is an inmate at Wisconsin Secure Program Facility (WSPF). When he transferred to WSPF from Fox Lake Correctional Institution (FLCI) in October 2006, his television was packed by FLCI staff and sent along with his other property to WSPF. FLCI made no note of any damage to the TV on the claimant's property inventory. When WSPF staff examined the TV several weeks later, they noticed that it was damaged and WSPF staff told the claimant that he would have to mail out the TV. The claimant states he filed an inmate complaint as soon as he was informed of the damage. He argued that he should not have to destroy the TV and requested reimbursement for the cost to repairing it. His complaint was denied and he appealed that denial. The claimant states that he eventually won his appeal and WSPF was found liable for the damage. The claimant then discovered that WSPF staff had destroyed his television while his appeal was pending. The claimant alleges that this action was in violation of WSPF's policy #530.02, and that he should have been given the opportunity to send the TV out for repair. The claimant states that he never consented to the destruction of his TV and because he only received $40 reimbursement from DOC, he does not have the financial resources to purchase a new TV. The claimant states that the original purchase price was approximately $200 and he requests reimbursement of the remaining $160 from DOC.
DOC recommends denial of this claim. DOC does not dispute that it appears that the claimant's television was damaged while under DOC staff control. DOC states that it has a policy governing compensation to inmates for property damage by DOC. This policy establishes a fair and uniform manner of reimbursement. DOC states that, although the claimant was unable to provide a receipt for his TV, the department took his word that he purchased the TV for approximately $200 in 1998 or 1999. DOC's Property Depreciation Schedule allows 10 useful years of life for TVs, therefore they are depreciated at 10% annually. Because the television was eight years old at the time of the damage, DOC depreciated it 80% and reimbursed the claimant $40. This reimbursement was reviewed and affirmed through the inmate complaint process and the department does not believe the claimant is entitled to any further reimbursement.
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.
11. Mark T. Smith of Boscobel, Wisconsin claims $18.88 for the cost of items purchased from canteen but not allowed. The claimant is an inmate at the Wisconsin Secure Program Facility (WSPF). The claimant purchased items from the canteen on July 23, 2007. The claimant alleges that he only requested one birthday card on this order but that he was charged for 11 cards and then he was not allowed to keep any of the cards. The cards were destroyed and the claimant was not given the option to mail them out. The claimant points to WSPF's Segregated Status Inmate Handbook, which states, “You are prohibited from purchasing items from the canteen for the purpose of sending items out of the institution with the exception of greeting cards." The claimant therefore believes that DOC should have given him the option to send the cards out, instead of destroying them. The claimant also purchased items on July 31, 2007. The claimant believes that this order should not have been filled, because he was demoted on that same date. The claimant states that money was taken from his account but he was not allowed any food items ordered. The food items were destroyed and he was not given the option to mail them out. The claimant alleges that WSPF is the only institution that does not allow inmates to mail out food items that are designated as contraband. The claimant again points to the SSI Handbook which states, “If you are demoted it will be your responsibility to have food items discarded that are not allowed in the lower level. No food items will be stored or shipped." The claimant interprets this statement to mean that his only option for getting rid of disallowed food is to eat it, which would make no sense. The claimant notes that he never received a contraband receipt for his food items and he believes that DOC staff consumed or re-sold the food instead of destroying it.
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DOC recommends denial of this claim. DOC records indicate that at all times relevant to these incidents, the claimant was in disciplinary separation status, which limited the items he could purchase from the canteen. DOC notes that these limits were in place prior to the claimant's July 31, 2007, demotion and that demotion did not change those limits. DOC points to the fact that during this entire period the claimant was not allowed to order food items or birthday cards. The WSPF Segregated Status Inmate Handbook provides that it is the inmate's responsibility to accurately complete his canteen order and that the inmate may receive a conduct report if he orders disallowed items. DOC notes that the canteen order forms are machine-read forms. There is a space to write in the item's description and code and then underneath that space are numbered circles to shade in for the item code and quantity. DOC states that the claimant wrote in the description and code for an item he was allowed and then deliberately shaded the circles with the code for different item, which he was not allowed. The canteen menu for inmates in disciplinary separation does not even contain food items or cards; however, DOC states that it would not have been difficult for the claimant to obtain codes for these items from other inmates. DOC notes that the claimant received a conduct report for these orders. DOC further states that WSPF policy provides that inmates are “not allowed to mail or send out on a visit any items that [are] purchased through the institution canteen." DOC states that the exception for greeting cards noted by the claimant applies to mailing out stamped and addressed cards but that inmates are not allowed to send out blank cards in bulk. DOC notes that these rules were developed to keep inmates from purchasing items at the canteen's low prices and then mailing those items to family members. DOC states that the claimant tried to cheat the system and was caught. DOC believes it is outrageous that he now expects to be 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.
The Board concludes:
That decision is deferred on the following claim at this time:
John and Bonnie Weiglein
That the following claims are denied:
John A. Rupp
City of Eau Claire
Eugene Cherry
Joseph C. Clark
Lashone Jackson
Mark T. Smith
That payment of the below amounts to the identified claimants from the following statutory appropriations is justified under § 16.007, Stats:
Dated at Madison, Wisconsin this 18th day of November, 2008.
Robert Hunter, Chair
Representative of the Attorney General
Nate Zolik
Representative of the Governor
Cari Anne Renlund, Secretary
Representative of the Secretary of Administration
Mark Miller
Senate Finance Committee
Jeffrey Stone
Assembly Finance Committee
__________________
State of Wisconsin
Department of Administration
November 28, 2008
The Honorable, The Legislature:
This report is transmitted as required by s.
20.002(11)(f), Wisconsin Statutes, (for distribution to the appropriate standing committees under s.
13.172(3), Wisconsin Statutes) and confirms that the Department of Administration has found it necessary to exercise the "temporary reallocation of balances" authority provided by this section in order to meet payment responsibilities and cover resulting negative cash balances during the month of October 2008.
On October 1, 2008, the Injured Patients and Families Compensation Fund cash balance closed at a negative $140.8 million. This negative balance continued through October 31, 2008, when the fund's cash balance closed at a negative $137.0 million. The Injured Patients and Families Compensation Fund cash balance reached its intra-month low of a negative $149.5 million on October 9, 2008. The negative balance was due to the transfer of $200 million to the Medical Assistance Trust Fund per
2007 Wisconsin Act 20, and the pending liquidation of fund securities necessary to offset this shortfall.
On October 1, 2008, the Workers Compensation Fund cash balance closed at a negative $1.3 million. This negative balance continued through October 31, 2008, when the fund's cash balance closed at a negative $1.4 million (its intra-month low). The negative balance was due to the difference in the timing of revenues and expenditures.
On October 17, 2008, the Conservation Fund cash balance closed at a negative $57.0 thousand. This negative balance continued through October 30, 2008, when the fund's cash balance closed at a positive $6.4 million. The Conservation Fund cash balance reached its intra-month low of a negative $2.4 million on October 28, 2008. The negative balance was due to a delayed transfer to the fund.
On October 31, 2008, the Mediation Fund cash balance closed at a negative $2.0 thousand (its intra-month low). The negative balance was due to the difference in the timing of revenues and expenditures.
The Injured Patients and Families Compensation Fund, Workers Compensation Fund, Conservation Fund, and Mediation Fund shortfalls were not in excess of the statutory interfund borrowing limitations and did not exceed the balances of the funds available for interfund borrowing.
The distribution of interest earnings to investment pool participants is based on the average daily balance in the pool and each fund's share. Therefore, the monthly calculation by the State Controller's Office will automatically reflect the use of these temporary reallocations of balance authority, and as a result, the funds requiring the use of the authority will effectively bear the interest cost.
Sincerely,
michael l. morgan
Secretary
Referred to joint committee on Finance.
__________________
State of Wisconsin
Department of Administration
December 1, 2008
The Honorable, The Legislature:
The Department of Administration has issued its contractual service purchasing report for Fiscal Year 2008 pursuant to 16.705(8), Wis. Stats. This report also includes information on cost-benefit analyses produced by state agencies and campuses during FY08.
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Again this year, state agencies reduced contracting costs. State agency contracting decreased by 5%, from $345.1 million in FY07 to $326.9 million in FY08. However, when combined with University of Wisconsin System contracting costs, overall state contracting increased by 7% in FY08, from $419.6 million in FY07 to $449.6 million in FY08. This is the first increase in overall contracting costs since FY04.
In addition, this report provides a summary of the more than 293 cost-benefit analyses prepared by state government in FY08. State agencies and campuses are required to conduct a cost-benefit analysis prior to each proposed contractual service procurement over $25,000.
The Department of Administration is committed to improving ways to provide quality services to Wisconsin citizens as efficiently and cost effectively as possible and we will continue to work on these efforts in our state contracting process.
If you have questions about this report, please contact James Langdon, Deputy Administrator, DOA Division of Enterprise Operations, at 608-267-2715.
Sincerely,
michael l. morgan
Secretary of Administration
Referred to joint committee on Finance.
__________________
The committee on Commerce, Utilities and Rail reports and recommends:
Relating to electrical construction.
No action taken.
Jeffrey Plale
Chairperson
__________________
Motions Under Senate Rule 98 and Joint Rule 7
for the Month of November 2008
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Kanavas, for James Raymond Barrett, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Grothman, for Lester and Bonnie Bartel, on the occasion of being named Grafton's Outstanding Citizens of the Year for 2008.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Lazich, for Gregory James Bluma, 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 Schultz, for Gene Breihan, on the occasion of his years of service with the Platteville Fire Department protecting his friends, family and neighbors from fire for 50 years.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Darling, for Donald and Rose Marie Briar, on the occasion of celebrating their 50th Anniversary.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Erpenbach, for Ty Christensen, 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 Lena C. Taylor, for Bishop Sedgwick Daniels, on the occasion of his election to the General Board of Bishops.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Darling, for Bradley Alan Devereux, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Cowles, for Alexander Dickinson, 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 Vinehout, for Sharon Folcey, on the occasion of her retirement after years of distinguished service as Executive Director of the Sparta Chamber of Commerce.
A certificate of commendation by the Wisconsin Legislature on the motion of Senator Harsdorf, for Ms. Mary Halada, on the occasion of her contributions and commitment to the University of Wisconsin-River Falls.
A certificate of commendation by the Wisconsin Legislature on the motion of Senator Ellis, for Erik Hammerberg, 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 Nick Hamilton, 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 Glenn Harper, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Schultz, for Andrew Heindl, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Grothman, for Sue Mayer and Mardy McGarry, on the occasion of being named Citizens of the Year for 2008.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Lazich, for Geraldine Mayotte, on the occasion of being the recipient of the 2008 East Troy Family and Community Resource Center Outstanding Citizen of the Year Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Lazich, for Rebecca Meyer, on the occasion of being selected as a finalist for the Presidential Award for Excellence in Mathematics and Science Teaching.
A certificate of commendation by the Wisconsin Senate on the motion of Senator Erpenbach, for Justin Miller, on the occasion of earning and attaining the rank of the Eagle Scout Award.
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A certificate of commendation by the Wisconsin Legislature on the motion of Senator Ellis, for Nathaniel Murken, on the occasion of earning and attaining the rank of the Eagle Scout Award.
A certificate of congratulations by the Wisconsin Senate on the motion of Senator Schultz, for Benjamin Murphy, on the occasion of earning and attaining the rank of the Eagle Scout Award.
