Wisconsin Legislature: 2011-01-12 Senate Journal

4. David R. Turnpaugh of Milwaukee, Wisconsin claims $18,682.89 for attorney's fees and compensation as an innocent convict pursuant to § 775.05, Stats. In March 2006, the claimant was convicted of one count of Prostitution in violation of § 944.30(1), Wis. Stats., and one count of Bail Jumping in violation of § 946.49(1)(a), Wis. Stats. The claimant was sentenced to 60 days in Milwaukee County Jail for the prostitution charge and ultimately served three days in custody and 57 days on electronic monitoring. The claimant served 12 months probation for the Bail Jumping charge. In September 2006, the claimant appealed his conviction on the grounds that there was insufficient evidence to support the prostitution charge. The Court of Appeals ruled in his favor and reversed the conviction. In 2007, the Circuit Court entered a judgment of acquittal on both counts and ordered that the claimant be reimbursed by Milwaukee County and the DOC. The claimant requests $5,000 compensation pursuant to § 775.05, Stats., for the time he served on both counts. While on electronic monitoring, the claimant was only allowed to leave his residence for work-related activity. He states that this restriction had a substantial negative impact on his computer networking business, of which he was the sole employee. The claimant also requests $13,682.89 reimbursement for attorneys' fees relating to his initial defense, appeal and Claims Board claim.

The Milwaukee County District Attorney's Office believes that the jury transcripts from the claimant's original conviction speak for themselves. The DA's Office has no recommendation regarding this claim.

The Board concludes that the claimant has not presented clear and convincing evidence that he was innocent of the crime for which he was convicted. The Board further concludes that the claimant has failed to show that he was imprisoned, under the meaning of s. 775.05, Wis. Stats., as a result of this conviction.

S25 5. Robert Lee Stinson of Milwaukee, Wisconsin claims $115,000 compensation as an innocent convict pursuant to § 775.05, Stats., and $14,000 attorney's fees on behalf of the Innocence Project for the 200 hours spent on his case at a rate of $70 per hour. In November 1984, the body of Ione Cychosz was found in Milwaukee. Ms. Cychosz had been beaten to death and there were numerous bitemarks on her body. In December 1985, the claimant was tried and convicted of Ms.Cychosz's murder. There were no witnesses against him and the only physical evidence was expert witness testimony purporting to "match" the claimant's dentition to the bitemarks found on the victim. The claimant notes that this bitemark "match" testimony was obviously incorrect, even at the time of his trial. It is plain from the images used at the trial that the claimant was missing a tooth where the perpetrator had an intact tooth and that the claimant had a tooth where the perpetrator was missing a tooth. The claimant's trial attorney failed to raise this obvious flaw in the bitemark testimony. Furthermore, the claimant notes that modern forensic odontology has debunked the bitemark analysis techniques used by the experts at the claimant's trial. After his conviction, the claimant obtained a reexamination of the bitemark evidence using more modern forensic odontological techniques. This new analysis actually excluded the claimant as a possible perpetrator. The claimant also requested DNA analysis of blood and saliva samples found on the victim's clothing. The State Crime Lab found and examined eight samples and conclusively excluded the claimant as the source of all eight samples. The claimant has always professed his innocence, stating that at the time of the murder he was at a party with friends, a story which has been corroborated by no less than five people, one of whom is a City of Milwaukee Police Officer. In January 2009, based on the new bitemark analysis and DNA evidence, the circuit court vacated the claimant's conviction and sentence. In July 2009, the State dismissed all charges against him. Finally, in May 2010, the DNA of convicted murderer Moses Price was matched to the scene and Mr. Price confessed to the murder of Ms. Cychosz. The claimant requests reimbursement for 23 years wrongfully spent in prison at the statutory reimbursement of $5,000 per year ($115,000).

The Milwaukee County District Attorney's Office very strongly supports Mr. Stinson's claim.

The Board concludes that there is clear and convincing evidence the claimant was innocent of the crime for which he was convicted and that pursuant to s. 775.05, Stats., the claim should be paid in the amount of $25,000.00, from the Claims Board appropriation s. 20.505(4)(d), Stats. The Board believes that this maximum amount of compensation allowed under s. 775.05, Stats., is not adequate in this case and therefore also recommends to the Legislature an additional payment to the claimant of $90,000.

6. Bill Karrels of Port Washington, Wisconsin claims $1,150.92 for damage to a field caused by DNR warden's vehicle. On Thanksgiving Day 2009, the claimant found a conservation warden's truck mired in one of his farm fields. The warden told the claimant he was conducting hunting patrols and that he had followed vehicle tracks into the claimant's field and his vehicle became stuck in the wet soil. The warden's truck was towed out of the field but there were deep ruts remaining in the field. The claimant believes the wet conditions should have been obvious to the warden because there was standing water in the field. The claimant states that this field (1.3 acres) was seeded with alfalfa. The claimant states that the wet conditions and heavy, clay soil in the field did not allow him to just fill in the ruts but that he had to plow under and replant the entire field because of the damage. The claimant requests reimbursement for costs relating to preparation of the field ($88.71), fertilizer ($338.32), seed ($107.64), loss of the first cutting of the field ($536.25), and 4 hours additional labor and time to prepare this claim ($80).

DNR believes the claim should be paid in the reduced amount of $300. The department states that the warden involved in the incident was conducting routine patrols during the gun deer season when he discovered what appeared to be fresh tire tracks entering the claimant's field and traveling towards a wooded area. The warden entered the field, following the already existing tire tracks but approximately 22 yards into the field the truck became stuck in the soft soil. DNR notes that another individual had already driven into the field and caused damage, therefore all of the damage is not attributable to the department. DNR also questions whether it was necessary for the claimant to replant the entire field, when only about 10% of the field was damaged. DNR also believes that several of the cost estimates provided by the claimant are either too high or unnecessary. The department does acknowledge that there was some damage caused by this incident but believes that given the pre-existing damage and the limited area of the damage that the claimant should be reimbursed in the reduced amount of $300.

The Board concludes the claim should be paid in the reduced amount of $300.00 based on equitable principles. The Board further concludes, under authority of s. 16.007 (6m), Stats., payment should be made from the Department of Natural Resources' appropriation s. 20.370(3)(mi), Stats.

7. Pamela M. Kramer of Gleason, Wisconsin claims $1,287.04 for damage to her vehicle caused by vandals at Big Arbor Vitae Boat Landing and picnic area. The claimant states that she and her husband went fishing at the Big Arbor Vitae Boat Landing for the first time on August 1, 2010. She states that they arrived at 6 AM, launched their boat and parked their vehicle and boat trailer in the parking lot. She states that there were no other vehicles parked in the parking lot and that there were no parking space lines painted. They therefore pulled their vehicle and trailer up to one of the concrete parking curbs placed around the outside of the parking area. The claimant states that when they returned to their vehicle at 7 PM, other vehicles were parked in the middle of the lot, which left their vehicle blocking the turn-around area for the boat launch. They found a note under the windshield of their vehicle chastising them for parking in the middle of the drive and the words "Fuck You" keyed into the driver's side door of their vehicle. The claimant believes that had there been parking lines painted in the lot, this never would have happened. The claimant notes that the DNR has since added painted lines to the lot. The claimant states that she had purchased her vehicle just before this incident and requests reimbursement for the damage. She has received an estimate of $1282.04 to fix the damage and was charged $5.00 for a copy of the police report of this incident. The claimant has vehicle insurance with a $250 deductible.

DNR recommends denial of this claim. The department points to Wisconsin's Recreational Immunity Law, s. 895.52, Stats., which holds DNR harmless for property damage suffered by recreational park users, unless DNR has committed a malicious act. DNR states that the lack of lines in the parking lot was certainly not a malicious act and that there was no requirement that such lines be in place. DNR notes that very few of the approximately 50 parking lots associated with boat ramps in that area have lines painted. DNR staff also notes that regular users of boat landings know to park in the middle of the lot and use the outside to maneuver. DNR states that a reasonable person would have been able to figure this out regardless of the lack of parking lines. The claimant made a mistake which was not only costly to her, but also inconvenienced all the other boat users at Big Arbor Vitae that day, who had difficulty launching their boats because of her parking error. DNR believes there is no legal or equitable basis for payment of this claim.

S26 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.

8. Jean A. Rygiel of Chippewa Falls, Wisconsin claims $195.89 for damage to her personal vehicle. The claimant is employed by the DNR in Eau Claire, Wisconsin. On Friday, April 30, 2010, she left her personal vehicle at the Eau Claire office and took a state vehicle home so that she could pick up a coworker in Ladysmith and drive to a meeting in Wausau early Monday morning. The claimant's home is 25 miles closer to Ladysmith than the Eau Claire office, which made bringing the state vehicle home more practical. While the claimant's personal vehicle was parked at the Eau Claire office, vandals struck, damaging her vehicle as well as 14 other vehicles and the office itself. The claimant's windshield was smashed by the vandals. The claimant states that she has liability coverage only and is therefore requesting reimbursement for the full cost of replacing her windshield.

DNR recommends payment of this claim. While it is usually DNR policy to deny claims by employees for damaged personal property, the department believes that the circumstances of this case warrant an exception to that policy. DNR states that it is common practice to leave a personal vehicle overnight at the office while making use of a state vehicle for business purposes. DNR notes that this is a classic "but for" situation - but for the claimant's work related trip and the common practice of leaving personal vehicles at work in such situations, her vehicle would not have been damaged. DNR notes that 12 state vehicles at the Eau Claire office were vandalized, leading to the conclusion that if the claimant had taken her personal vehicle to the meeting and left the state vehicle behind, it would have been vandalized instead. Either way, the department would have sustained a loss. DNR believes that the claimant should be reimbursed based on equitable principles

The Board concludes the claim should be paid in the amount of $198.89 based on equitable principles. The Board further concludes, under authority of s. 16.007 (6m), Stats., payment should be made from the Department of Natural Resources' appropriation s. 20.370(1)(ea), Stats.

9. Speich Oil, Inc. of Brodhead, Wisconsin claims $312.52 for property damage caused by a DATCP inspector. On May 24, 2010, DATCP inspector, Stephen Peters was inspecting meters on the claimant's fuel oil delivery trucks. While inspecting one of the truck meters, the nozzle handle broke off in Mr. Peters' hand. The claimant requests $312.52 to replace the broken nozzle.

DATCP has no objection to payment of this claim. While there is no evidence that Mr. Peters was negligent, the nozzle did break while he was using it. DATCP therefore has no objection to payment of the replacement cost for the equipment.

The Board concludes the claim should be paid in the amount of $312.52 based on equitable principles. The Board further concludes, under authority of s. 16.007 (6m), Stats., payment should be made from the Department of Agriculture, Trade and Consumer Protection's appropriation s. 20.115(1)(j), Stats.

10. Rachel M. Conway of New Berlin, Wisconsin claims $166.63 for out-of-pocket expenses relating to an incident of vandalism to her vehicle. The claimant is a probation agent employed by DOC. She states that on June 30, 2009, she drove her personal vehicle to a meeting at Horizon Halfway House in Milwaukee. The claimant states that she only used her personal vehicle because there were no state vehicles available. The claimant states that as she and her co-worker, Agent Arbogast, pulled out of the parking stall after the meeting, they heard a loud sound and the claimant's rear windshield shattered. The agents left the parking lot quickly due to the possibility they were being shot at. They pulled over after several blocks to call the police and discovered a rock in the back seat, which had apparently been thrown through the claimant's windshield. The claimant had the rear windshield replaced at a cost of $295.63. The claimant's co-workers took up a collection to help her with the expense and raised $129.00. The claimant has a $500 insurance deductible. She requests reimbursement for her remaining out-of-pocket cost of $166.63.

DOC recommends denial of this claim. DOC Fleet Policy states that "damages to the employee's personal vehicle are covered by the employee's own auto insurance and the employee is responsible for the insurance deductible. Under no circumstances will the State's property program pay for the employee's vehicle repairs. It is the employee's responsibility to carry personal auto liability insurance." DOC points to the fact that at no time was the claimant's vehicle under the care, custody or control of DOC and the claimant makes no allegation that the damaged was caused by a DOC employee or agent. This incident appears to be the result of random vandalism. Based on the facts giving rise to this incident and the clear DOC Fleet Policy regarding damage to personal vehicles, DOC believes this claim should be denied.

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.

S27 11. Martin V. Elliott of Green Bay, Wisconsin claims $98.70 for the value of property allegedly lost by DOC staff. The claimant is an inmate at Green Bay Correctional Institution. He was placed in segregation on June 23, 2009, following a fight with his cellmate. DOC staff inventoried his property on June 25, 2009, and placed it in a locked storage unit. The claimant states that he made several requests for a copy of the property inventory but never received one. He also states that while he was in segregation, he received letters from several inmates in the general population telling him that his former cellmate was trying to sell two pair of the claimant's shoes. The claimant contacted DOC staff, who informed him that they recovered both pair of shoes. The claimant was released from segregation and received his property back on November 11, 2009. The claimant states that the officer returning his property pushed the claimant into signing the inventory form without checking all of his property. The claimant states that when he finished searching his property, he realized immediately that there were items missing. The claimant alleges that a DOC employee, Sgt. Pagel, witnessed that he was missing property. The claimant filed an inmate complaint on November 13, 2009. The claimant's complaint was denied and he does not believe that DOC conducted a thorough investigation. The claimant believes that the fact his former cellmate had possession of his shoes is proof that DOC staff was negligent in storing his property while he was in segregation. The claimant requests reimbursement for his missing property.

DOC recommends denial of this claim. DOC believes there is no evidence to support the claimant's assertion that DOC staff is responsible for his lost property. DOC notes that the claimant was not in segregation status and had access to his property between June 5th and 25th. DOC points to the fact that a comparison of the February 26 and June 25, 2009, property inventories show that several of the items in question went missing prior to the claimant going to segregation on June 25th. DOC also notes that the claimant's property was returned to him on November 11th but he did not complain of missing items until November 13th. DOC Sgt. Pagel states that on November 11, 2009, the claimant signed his property inventory without going through all of his boxes of property. DOC believes that the claimant had ample opportunity to lose, trade or discard the property before or after he was placed in segregation. DOC believes that his former cellmate's possession of the claimant's shoes is evidence that the cellmate pilfered some of the claimant's property before he was placed in segregation. DOC denies that the department's investigation was inadequate. DOC states that both the claimant and his former cellmate were interviewed several times and searches conducted for the missing property. DOC simply found no evidence that staff was responsible for the property loss.

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.

12. Carl Barrett of Boscobel, Wisconsin claims $32.06 for the cost of 5 books allegedly lost by DOC and one kufi cap allegedly stolen by a DOC Officer. The claimant states that he purchased the books in 2008 and that they were missing from his property on October 16, 2009. The claimant notes that other books purchased at the same time were not missing from his property. The claimant filed a complaint about the missing books. The claimant's complaint was denied as being past the 14-day time limit. The claimant states this is not true and that the only delay was caused because DOC did not send a requested receipt copy in a timely manner. The claimant also requests reimbursement for an Islamic prayer cap (kufi). The claimant alleges that his kufi was in his cell prior to a cell search but missing after the search and several of the claimant's personal photos were ripped in half. The claimant alleges that the officer who conducted the search has a long history of harassing him and other inmates. The claimant states that he filed a complaint about the officer's conduct but that DOC always sides with its officers and never really investigated his complaint. The claimant requests reimbursement for his allegedly lost and stolen property.

DOC recommends denial of this claim. DOC states that the claimant was in Administrative Confinement Status on September 23, 2009, and was housed in Echo Unit. The claimant had control of his property in his cell in Echo Unit. The claimant was moved to a new cell in Alpha Unit on October 16, 2009. At that time, his property was packed up and he was given a property receipt. DOC notes that the books claimed as missing are not listed on that property receipt. Thus, during the time frame the claimant alleges the books went missing, they were under his control in his cell, not under the control of DOC staff. DOC states that there is no evidence that the claimant's kufi was stolen and/or pictures damaged by a DOC officer during a cell search. Finally, DOC notes that the claimant has a long history of falsely accusing staff members of misconduct and the department believes that this claim is simply a continuation of that pattern.

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.

13. Shafiq Imani of Portage, Wisconsin claims $51.18 for the unreimbursed value of a typewriter lost by DOC staff. The claimant is an inmate at Columbia Correctional Institution. In January 2010, the claimant was placed in segregation and his property, including his typewriter, was inventoried and stored by DOC staff. When the claimant was released from segregation status in April 2010, his typewriter was not returned with the rest of his property. DOC staff searched property storage for the typewriter but determined it had been lost. The full purchase price of the typewriter in 2007 was $127.97. The claimant was reimbursed $76.79 based on the institution's depreciation schedule. The claimant believes he is entitled to be reimbursed for the full purchase price of the typewriter under replevin law. The claimant does not believe the DOC depreciation schedule is legal because DOC staff was clearly negligent in losing his typewriter. The claimant requests reimbursement for the remainder of the purchase price of his typewriter.

DOC believes the claimant has already been fairly compensated and recommends denial of this claim. DOC does not dispute that staff lost or misplaced the claimant's typewriter while it was in storage. The Wisconsin Administrative Code DOC 309.20(5) provides "In case of loss or damage caused by the staff of an institution, the value of an inmate's personal property shall equal its value at the time of loss or damage, not to exceed its purchase price." DOC has established a Depreciation Schedule to determine the values of various items of property. Given the large number of inmates housed by DOC, it is inevitable that personal property will sometimes be misplaced. The Depreciation Schedule provides a fair and uniform method to determine the value of inmate property at the time of the loss. The schedule gives a typewriter a value of 5 useful years, therefore its value depreciates 20% per year. The claimant's typewriter was depreciated by 40% and his reimbursement was calculated based on that depreciation. DOC does not believe he is entitled to any further compensation.

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.

S28 14. Robert Kowalkowski of Green Bay, Wisconsin claims $40.40 for the value of property allegedly lost by DOC staff when the claimant was transferred from Oshkosh Correctional Institution (OSCI) to Green Bay Correctional institution (GBCI). The claimant notes that a GBCI property staff member admitted that he "failed to completely fulfill his responsibilities" in inventorying the claimant's property upon receipt at GBCI. The claimant states that he did everything he could to get his property back, including filing an inmate complaint, which was denied. The claimant objects to DOC's statements regarding his criminal history or "poor institutional adjustment." He believes that those issues have nothing to do with this claim and that because the property was lost while under DOC control, he should be reimbursed.

DOC recommends denial of this claim. The claimant was transferred from OSCI to GBCI on January 15, 2010. When he was received at GBCI, the property provided to him was inventoried. DOC states that an inventory staff member has admitted that he did not fully document all items that came to GBCI with the claimant. However, DOC notes that records indicate that the claimant received a significant amount of property that did not belong to him when he arrived at GBCI. DOC states that this appears to show that there was property mix-up of some kind but notes that at no time did the claimant report that he received excess property. DOC also points to the claimant's long history of rule breaking and poor institutional adjustment. DOC notes that the claimant waited a month to file a complaint regarding his allegedly missing property and the department believes that this delay was an attempt to avoid calling the staff's attention to the extra property received by the claimant. DOC properly denied the claimant's inmate complaint as untimely. Finally, DOC believes that if the property was lost by DOC staff, the claimant's delay in filing a complaint and bringing this claim place the department at a disadvantage. Had the claimant timely reported the missing property, the matter would have been investigated promptly, giving staff a better chance of finding the property. DOC believes that the claimant's delay and his "unclean hands" caused by his willingness to keep another inmate's property, warrant denial of this claim.

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.

15. Robert Kowalkowski of Green Bay, Wisconsin claims $616.03 for the value of property allegedly improperly destroyed by DOC staff after the claimant was transferred to Green Bay Correctional institution (GBCI). On January 15, 2010, upon arrival at GBCI, the claimant received a property receipt/disposition form from staff, informing him of property that was not allowed at GBCI. The form stated that the claimant needed to provide an address to which he wanted the property mailed within 10 days of a denial of his inmate complaint. The claimant filed an inmate complaint on February 1st but it was returned by the Inmate Complaint Examiner (ICE) for clarification. The claimant filed again on February 16th and the ICE again returned the complaint, this time telling the claimant he needed to attempt to work out the issue with property room staff. On March 3rd the claimant wrote the ICE asking when the 10 day time limit to provide an address began. The examiner replied "Once a decision is made by the ICE the property room sends the item in question out." On March 7th the claimant sent the mailing address to the property room staff. Staff responded that on February 10th, the ICE had informed them that the claimant had failed to file an inmate complaint and therefore property staff destroyed the excess property on February 24th. The claimant believes the destruction of his property was in violation of DOC property rules. He believes that staff violated DOC 309.20 by not providing him with 10 days notice prior to the destruction of his property. He also believes that the rules state that absent a specific address provided by the claimant, excess property should have been mailed out to an individual on his visiting list. The claimant denies that any of the property in question was stolen. He filed a complaint and appeal regarding the destruction of his property, both of which were dismissed.

DOC recommends denial of this claim. At the time of his transfer to GBCI, the claimant possessed an unusually large amount of property, including several items that were clearly altered and therefore declared contraband. The claimant received notice of his disallowed property on January 15th. DOC rules provide that an inmate complaint must be filed within 14 days of the incident, which in this case would have been the receipt of the property notice. The claimant twice filed a complaint but each time it was rejected as improperly filed. The claimant failed to timely file a proper complaint. In addition, the claimant failed to provide an address to which he wished his property mailed within the required 10 day time period. Although the claimant did eventually provide an address, it was well after the expiration of the time limit and the claimant's property had already been destroyed. DOC notes that even if the 10 day limit had not elapsed, GBCI policy gives the institution the right to determine how to dispose of contraband and non-allowable property and the destruction of the property was in compliance with DOC 303. Finally, DOC states that the claimant has a long history of disregard for the property rights of others and clearly does not come before the board with clean hands, since some of the property in question was almost certainly stolen.

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.

16. Aquan Mobley of Fox Lake, Wisconsin claims $56.98 for the value of tennis shoes allegedly lost by DOC staff while the claimant was an inmate at Kettle Moraine Correctional Institution. On July 17, 2009, inmate Markese Jones was disciplined for unauthorized possession of the claimant's tennis shoes. The disciplinary decision indicates "Return shoes to Mobley, Aquan" however DOC staff incorrectly destroyed the shoes as contraband on July 16, 2009. On August 13, 2009, the claimant filed an inmate complaint because his shoes had not been returned. The complaint was rejected as past the 14 day time limit. The claimant appealed and the appeal was denied. The claimant believes he should be reimbursed for the shoes which were improperly destroyed by DOC staff.

S29 DOC recommends reimbursement of the claimant in the reduced amount of $7.18. DOC notes that the claimant's inmate complaint and appeal were correctly denied because the claimant failed to follow correct procedures for filing his complaint. However, DOC does not dispute that the shoes were destroyed in error and should have been returned to the claimant. DOC notes that the shoes were purchased in November 2006 and that the original purchase price was $59.83. DOC uses a property depreciation schedule to establish fair and uniform guidelines for reimbursing inmates. The depreciation schedule provides that tennis shoes have a useful life of 3 years and therefore depreciate by 33% for each year of use. Based on the purchase date, the claimant's shoes had depreciated by approximately 88% at the time they were destroyed. DOC therefore recommends reimbursement to the claimant of $7.18, 12% of the original purchase price.

The Board concludes the claim should be paid in the reduced amount of $7.18 based on equitable principles. The Board further concludes, under authority of s. 16.007 (6m), Stats., payment should be made from the Department of Corrections' appropriation s. 20.410(1)(a), Stats.

The Board concludes:

That the following claims are denied:

Carl Barrett
David W. Bateman
Daniel J. Bertler
Rachel M. Conway
Martin V. Elliott
James Flitter
Thomas K. Froehlich
Raymond Heiting
Steve E. Hoogester
Shafiq Imani
Robert Kowalkowski (2 claims)
Pamela M. Kramer
James Kroll
Edward Lehmann
Peter J. Lieven
David Rettler
Duane R. Sawyer
Clarence A. Schwartz
James R. Shane
Tony R. Spaeth
Gordon Stowers
Paul Thiesen
Michael Towler
David R. Turnpaugh
Lloyd R. Uelmen
William P. Vandenberg
James E. Vetter, Jr.
Brett E. Williams

That payment of the below amounts to the identified claimants from the following statutory appropriations is justified under S 16.007, Stats:

That payment of the below amounts to the identified claimants from the following statutory appropriations is justified under § 775.05, Stats:

The Board recommends:

Payment of $90,000 to Robert Lee Stinson for Innocent Convict Compensation pursuant to s. 775.05, Ststs.

Representative of the Governor

The Honorable, The Legislature:

In accordance with Section 51.06 (8), Wisconsin Statutes, enclosed is a copy of the report on people relocated and diverted from nursing homes, intermediate care facilities for the mentally retarded (ICFs-MR), and State Centers for the Developmentally Disabled in state fiscal year (SFY) 2010. This report provides information related to four programs, the ICF-MR Restructuring Initiative, Relocations from the State Centers for the Developmentally Disabled, the Community Relocation Initiative, and the Nursing Home Diversion Initiative.

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 November 2010.

On November 1, 2010, the Worker's Compensation Fund cash balance closed at a negative $1.6 million (its intra-month low). This negative balance continued through November 16, 2010, when the fund's cash balance closed at a positive $45 thousand. The negative balance was due to the difference in the timing of revenues and expenditures.

On November 1, 2010, the Mediation Fund cash balance closed at a negative $35 thousand. This negative balance continued through November 19, 2010, when the fund's cash balance closed at a positive $300 thousand. The Mediation Fund cash balance reached its intra-month low of a negative $52 thousand on November 18, 2010. The negative balance was due to the difference in the timing of revenues and expenditures.

On November 22, 2010, the Police and Fire Protection Fund cash balance closed at a negative $47.6 million (its intra-month low). This negative balance continued through November 30, 2010, when the fund's cash balance closed at a negative $43.3 million. The negative balance was due to the difference in the timing of revenues and expenditures.

The Worker's Compensation Fund, Mediation Fund, and Police and Fire Protection 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.

S30 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.

Referred to joint committee on Finance.

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 2009-2010 session of the legislature, visit the Government Accountability Board's web site at: http://gab.wi.gov/

Abel, Becky Wisconsin Wetlands Association
Alexander, Jennifer Greater Madison Chamber of Commerce, Inc.
Alston, Garth Altria Client Services Inc
Amos-Sikora, Lamar Amalgamated Transit Union Local 998
Armacost, Susan Wisconsin Right to Life Inc
Ashenhurst, Karla Ministry Health Care
Baas, Steve Metropolitan Milwaukee Association of Commerce
Badeau, Jennifer Wisconsin Petroleum Marketers & Convenience Store Association
Badger II, Richard C. Wisconsin Council 40 AFSCME, AFL-CIO

Bartholow MD, Timothy Wisconsin Medical Society
Bartkowski, John Sixteenth Street Community Health Center
Battles, Cale State Bar of Wisconsin
Benforado, David J Municipal Electric Utilities of Wisconsin
Bliss, Amy Wisconsin Housing Alliance
Blomberg, Ken Wisconsin Rural Water Association
Borgerding, Eric Wisconsin Hospital Association Inc (WHA)
Bowman, D'Anna AARP
Brenton, Steve Wisconsin Hospital Association Inc (WHA)
Brewer, F H S.C. Johnson & Son Inc
Bromley, Matt Customers First! Coalition
Brooks, Bryan Alliant Energy
Brooks, Bryan Cottonwood Financial Ltd.
Brown Pokorny, Kimberly Wisconsin Veterinary Medical Association
Caneff, Denny River Alliance of Wisconsin
Carey, Ray American Express Company
Carey, Ray Aurora Health Care Inc
Carey, Ray Boys and Girls Clubs of Wisconsin
Carey, Ray Deloitte
Carey, Ray General Motors Company (formerly General Motors
Corporation)
Carey, Ray Kwik Trip Inc
Carey, Ray Lilly U.S.A. (formerly Eli Lilly & Company)
Carey, Ray S.C. Johnson & Son Inc
Carey, Ray Wisconsin Early Autism Project Inc, The
Chesmore, Greg Celgene Corporation
Childress, Jason American Express Company
Childress, Jason Aurora Health Care Inc
Childress, Jason Boys and Girls Clubs of Wisconsin
Childress, Jason Deloitte
Childress, Jason General Motors Company (formerly General Motors
Corporation)
Childress, Jason Kwik Trip Inc
Childress, Jason Lilly U.S.A. (formerly Eli Lilly & Company)
Childress, Jason S.C. Johnson & Son Inc
Childress, Jason Wisconsin Early Autism Project Inc, The
Christenson, Pamela Wisconsin Petroleum Marketers & Convenience Store Association
Ciske, Thom Fox Cities Chamber of Commerce & Industry

S31 Cohen, Marshall Nuclear Energy Institute
Cohn, Andrew Wisconsin Alumni Research Foundation
Crawford, Kevin Orion Energy Systems
DeMars, Cheryl Employer Health Care Alliance Cooperative
Disch, Kent Madison Area Builders Association
Doe, Johnny 123 Corporation
Duffy, Melissa Employer Health Care Alliance Cooperative
Durham, Kelly Corrections Corporation of America
Edwards, Lynn Wisconsin Dietetic Association Inc
Elmer, Jane Wisconsin Retired Educators Association
Esbeck, William Wisconsin State Telecommunications Association
Essie, Patrick Wisconsin Airport Management Association
Essie, Patrick Wisconsin Hospital Association Inc (WHA)
Farkas, Joseph Christian Science Committee on Publication for Wisconsin
Forester, John D Association of Wisconsin School Administrators
Forester, John D Wisconsin Association of School Business Officials
Forester, John D Wisconsin Association of School District Administrators
Forester, John D Wisconsin Council for Administrators of Special Services
Franken, Andrew Wisconsin Insurance Alliance
Fuller, Kevin Bayer HealthCare LLC (formerly Bayer HealthCare)
Gallo Esq, Donald P Wisconsin Fabricare Institute
Gallo Esq, Donald P Wisconsin Petroleum Marketers & Convenience Store Association
Goss, Patrick Wisconsin Transportation Builders Association
Grabel, John AFSCME Council 11
Graff, Corey Wisconsin Gun Owners, Inc.
Grant, Lori River Alliance of Wisconsin
Grapentine, JD, Mark Wisconsin Medical Society
Gratz, Samuel Union Pacific Railroad Company
Groves Batiza, Monica American Family Insurance Group
Hall, Linda Wisconsin Association of Family & Childrens Agencies
Handzel Jr, Henry Murphy Oil USA Inc
Harrison, Stephanie Wisconsin Primary Health Care Association
Hatch, Sidney Milwaukee Teachers Education Association
Hauser, Matthew Wisconsin Petroleum Marketers & Convenience Store Association
Herstand, Marc National Association of Social Workers - Wisconsin Chapter
Higley, Charles Citizens Utility Board
Hoven, Timothy AFSCME Council 11
Hoven, Timothy Cottonwood Financial Ltd.
Hoven, Timothy Johnson & Johnson
Hoven, Timothy M.A. Mortenson Company
Hoven, Timothy Medical College of Wisconsin
Hoven, Timothy United States Cellular Corporation
Hoven, Timothy Wisconsin Academy of Family Physicians
Hoven, Timothy Wisconsin Cemetery & Cremation Association
Hoven, Timothy Wisconsin Dietetic Association Inc
Hoven, Timothy Wisconsin Petroleum Marketers & Convenience Store Association
Huebscher, John A Wisconsin Catholic Conference
Janowski, Jon Hunger Task Force
John, Maliyakal WiSys Technology Foundation, Inc.
Johnson, Stan Milwaukee Teachers Education Association
Jones, Robert Wisconsin Community Action Program Association
Jordahl, William Alliant Energy
Jorgensen, John Painters & Allied Trades, District Council No. 7, AFL-CIO
Juan, Nicole United Council of UW Students
Kammer, Peter Altria Client Services Inc
Kammer, Peter Wisconsin Hospital Association Inc (WHA)
Kilgore, Kathleen Paralegal Association of Wisconsin Inc
Kinley, Tricia Johnson & Johnson
Kinzler, Ross Wisconsin Housing Alliance
Klonsinski, Michael Wisconsin Center for Manufacturing and Productivity
Kluesner, David R International Paper
Knobel, Philip Wisconsin Council for Administrators of Special Services
Kobza, Lawrie Municipal Environmental Group - Water Division
Korbitz, Adam State Bar of Wisconsin
Kraft, Debra Community Advocates, Inc.
Kraig, Robert Citizen Action of Wisconsin
Kuehn, Ronald W Appleton Papers Inc.
Kuehn, Ronald W Bio Forward Inc. (formerly Wisconsin Biotechnology and Medical Device Association Inc)
Kuehn, Ronald W Envirotest Wisconsin Inc
Kuehn, Ronald W Institute of Scrap Recycling Industries, Wisconsin Chapter
Kuehn, Ronald W Murphy Oil USA Inc
Kuehn, Ronald W Professional Insurance Agents of Wisconsin
Kuehn, Ronald W Wisconsin Agri-Service Association
Kuehn, Ronald W Wisconsin Bowhunters Association
Kuehn, Ronald W Wisconsin Cattlemen's Association
Kuehn, Ronald W Wisconsin State Cranberry Growers Association
Kuhn, Kathryn Medical College of Wisconsin
Lamb, Jordan Appleton Papers Inc.
Lamb, Jordan Bio Forward Inc. (formerly Wisconsin Biotechnology and Medical Device Association Inc)
Lamb, Jordan Envirotest Wisconsin Inc
Lamb, Jordan Institute of Scrap Recycling Industries, Wisconsin Chapter
Lamb, Jordan Murphy Oil USA Inc
Lamb, Jordan Professional Insurance Agents of Wisconsin
Lamb, Jordan Wisconsin Agri-Service Association
Lamb, Jordan Wisconsin Cattlemen's Association
Lamb, Jordan Wisconsin State Cranberry Growers Association
Lamkins, Lisa AARP
Langenohl, Tony Great Lakes Timber Professionals Association
Langyel, Michael Milwaukee Teachers Education Association
LaRowe, Christopher Wisconsin State Telecommunications Association
Lawrence, David Wisconsin Rural Water Association
Leonard, Russell Wisconsin Chiropractic Association
Levin, Jeremy Rural Wisconsin Health Cooperative
Little, Kevin Greater Madison Chamber of Commerce, Inc.
Lochner, Thomas H Wisconsin State Cranberry Growers Association
Loehr, Kira Citizens Utility Board
Lonergan, Sandra State Bar of Wisconsin
Lucas, Paul MillerCoors LLC
Lynch, James M Association of Wisconsin School Administrators
Lyons, Barbara Wisconsin Right to Life Inc
Marion, Edward Brown County Citizens for Responsible Wind Energy, Inc.
Markeland, Kathy Wisconsin Association of Family & Childrens Agencies
McCabe, Michael Wisconsin Democracy Campaign
McCoshen, William J Wisconsin Transportation Builders Association
McDowell, Kelly Celgene Corporation
McDowell, Kelly Fair Aid Coalition
McDowell, Kelly Wisconsin Beverage Association
McDowell, Kelly Wisconsin Veterinary Medical Association
McGarey, Michael Nuclear Energy Institute
McGowan, Danny L. Wisconsin Teamsters Joint Council 39
McKenzie, Ellyn Sixteenth Street Community Health Center
McMurray, Susan AFSCME Council 11
McNeely, Susan Wisconsin Assembly for Surgical Technology
Mehrhoff, Jeff Painters & Allied Trades, District Council No. 7, AFL-CIO
Merline, Paul Wisconsin Hospital Association Inc (WHA)
Meske, Scott J Municipal Electric Utilities of Wisconsin
Moscicke, Michael United Council of UW Students
Natzke, Ryan Cottonwood Financial Ltd.
Natzke, Ryan Johnson & Johnson
Natzke, Ryan M.A. Mortenson Company
Natzke, Ryan Medical College of Wisconsin
Natzke, Ryan United States Cellular Corporation
Natzke, Ryan Wisconsin Academy of Family Physicians
Natzke, Ryan Wisconsin Cemetery & Cremation Association
Natzke, Ryan Wisconsin Dietetic Association Inc
Natzke, Ryan Wisconsin Petroleum Marketers & Convenience Store Association
Nelson, Paul M Wisconsin Association of Independent Colleges and
Universities
Newton, Delora Greater Madison Chamber of Commerce, Inc.
O'Brien, Erin Wisconsin Wetlands Association
O'Connell, Connie Wisconsin Council of Life Insurers
O'Connor, Alice AVIS Budget Group
O'Connor, Alice Explore Information Services LLC
O'Connor, Alice Wisconsin Chiefs of Police Association Inc
O'Connor, Alice Wisconsin Institute of Certified Public Accountants
Palmer, Todd Murphy Oil USA Inc
Paul, Richard Wisconsin Academy of Ophthalmology
Paul, Richard Wisconsin Chapter of the American College of Emergency Physicians Inc
Petersen, Eric J J. F. Ahern Co.
Petersen, Eric J Madison Gas & Electric Company
Petersen, Eric J Wisconsin Housing Preservation Corp
Petersen, Eric J Wisconsin Transportation Builders Association
Petri, Tom Wisconsin Primary Health Care Association
Petty, John Wisconsin Agri-Service Association
Pfaff, Shawn Wisconsin Transportation Builders Association
Phillips, M. D., Robert Marshfield Clinic
Plautz, Jolene Insurance Auto Auctions
Plautz, Jolene Kwik Trip Inc
Plautz, Jolene Naturist Action Committee
Plautz, Jolene Wisconsin Association of Assessing Officers
Plautz, Jolene Wisconsin Association of Fairs
Plautz, Jolene Wisconsin Auto Collision Technicians Assn. Ltd.
Plautz, Jolene Wisconsin Raw Milk Association (dba People for the Personal Choice of Raw Milk)
Plautz, Jolene Wisconsin State Horse Council
Plautz, Jolene Wisconsin Utility Tax Association
Ramey, Melanie Hospice Organization and Palliative Experts of Wisconsin (HOPE)
Rasch, Christopher Wisconsin Medical Society
Raymond, Sr., John R. Medical College of Wisconsin
Reding, M. D., Douglas Marshfield Clinic
Reid, Andrew Milwaukee Teachers Education Association
Renk, Bryan Bio Forward Inc. (formerly Wisconsin Biotechnology and Medical Device Association Inc)
Richards, Michael Gundersen Lutheran Administrative Services, Inc
Riemer, David Community Advocates, Inc.
Roller, Rachel Aurora Health Care Inc
Roys, Lisa State Bar of Wisconsin
Schlimm, Richard Wisconsin Community Action Program Association
Schreiber, Martin MillerCoors LLC
Sella, Barbara Wisconsin Catholic Conference
Shepherd, Jeremey GTECH Corporation
Shepherd, Jeremey MillerCoors LLC
Size, Tim Rural Wisconsin Health Cooperative
Slaughter, Kara Wisconsin Farmers Union
Speer, Beverly Wisconsin Democracy Campaign
Stanford, Matthew Wisconsin Hospital Association Inc (WHA)
Stenger, Scott Madison Gas & Electric Company
Stenger, Scott MillerCoors LLC
Stenger, Scott Property Casualty Insurers Association of America
Stenger, Scott Takeda Pharmaceuticals America
Stenger, Scott Tavern League of Wisconsin
Stewart, Carol Advance America Cash Advance Centers, Inc.
Sumi, John Madison Gas & Electric Company
Swandby, Janet R Paralegal Association of Wisconsin Inc
Swiderski, Julie Wheaton Franciscan Healthcare
Swingle, Brian Wisconsin Fabricare Institute
Swingle, Brian Wisconsin Green Industry Federation
Taylor, David Madison Metropolitan Sewerage District
Tempelis, Eric Gundersen Lutheran Administrative Services, Inc
Thompson, Steven Wisconsin Park and Recreation Association
Traas, Kevin Wisconsin Transportation Builders Association
Turney, Susan,

MD, MS, FACP, FAMPE, Wisconsin Medical Society
Tussler, Sherrie Hunger Task Force
Vetter, Marilyn Takeda Pharmaceuticals America
Vetterkind, Michelle Wisconsin Broadcasters Association
Volk, Joseph Community Advocates, Inc.
Von Ruden, Darin Wisconsin Farmers Union
Wadas, Kimberly Wisconsin Catholic Conference
Walby, Kathleen American Express Company
Walby, Kathleen Aurora Health Care Inc
Walby, Kathleen Boys and Girls Clubs of Wisconsin
Walby, Kathleen Deloitte
Walby, Kathleen General Motors Company (formerly General Motors
Corporation)
Walby, Kathleen Kwik Trip Inc
Walby, Kathleen Lilly U.S.A. (formerly Eli Lilly & Company)
Walby, Kathleen S.C. Johnson & Son Inc
Walby, Kathleen Wisconsin Early Autism Project Inc, The
Walker, Mindy Madison Gas & Electric Company
Walker, Mindy MillerCoors LLC
Walker, Mindy Property Casualty Insurers Association of America
Walker, Mindy Takeda Pharmaceuticals America
Walker, Mindy Tavern League of Wisconsin
Walker, Thomas Wisconsin Transportation Builders Association
Walsh, Kenneth GTECH Corporation
Walsh, Kenneth MillerCoors LLC
Warmuth, Judith Wisconsin Hospital Association Inc (WHA)
Wegenke, Rolf Wisconsin Association of Independent Colleges and
Universities
Welsh, Michael Medical College of Wisconsin
Welsh, Michael Wisconsin Academy of Family Physicians
Welsh, Michael Wisconsin Cemetery & Cremation Association
Welsh, Michael Wisconsin Dietetic Association Inc
Werner, Shahla Sierra Club - John Muir Chapter
Wiedenhoeft, Woodrow Wisconsin Association of School Business Officials
Wink, Wendy Wisconsin Association of Independent Colleges and
Universities

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.