DOC recommends denial of this claim. DOC states that the allegedly missing pages could be mixed in with other paperwork or that the claimant could have disposed of them in some manner prior to being placed in segregation. DOC does not conduct a page by page inventory of inmates’ legal papers. DOC states that inmates are well aware of this, which makes it easy for them to claim DOC staff is responsible for allegedly missing documents. DOC notes that if the claimant had kept his legal paperwork together or secured in his footlocker, no pages should have gone missing. DOC notes that property staff would have no reason to pull random pages from the claimant’s legal paperwork. DOC believes the claimant has submitted no evidence that the allegedly missing pages were lost while under DOC control.
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 with the state should assume and pay based on equitable principles.
8. Hershel McCradic of Redgranite, Wisconsin claims $109.75 for cost of television allegedly damaged by DOC staff. The claimant was transferred from Green Bay Correctional Institution (GBCI) to Redgranite Correctional Institution (RGCI) on 7/25/12. GBCI’s outgoing property inventory form indicates that “all electronics are in good working order and physical condition.” The claimant states that when he received his property at RGCI, his TV would not turn on. The claimant informed DOC staff of the problem with his TV and filed an inmate complaint (ICE). The claimant was notified in August 2012 that his ICE was denied because there was no physical damage to the box the TV was shipped in from GBCI. The claimant notes that DOC rules require property staff to inspect electronics upon arrival at an institution to insure that they are in good working order. The claimant states that RGCI staff only inspected the outside of the box and not the TV, therefore, how could they have determined that the damage did not occur during transfer of his property, while it was under the care and control of DOC staff? The claimant states that when he left GBCI his TV was working properly and that it was clearly damaged while being moved by DOC staff from GBCI to RGCI. He requests reimbursement for the cost of the television.
DOC recommends denial of this claim. RGCI issued the claimant’s property to him on 7/30/12. Shortly thereafter, he reported to DOC staff that his TV was not working. DOC notes that RGCI found no external damage to the shipping container or to the TV itself when it was returned to the claimant. DOC states that the ICE concluded that there was insufficient evidence to determine why the TV was no longer working. DOC notes that the TV set was seven years old and that even if reimbursement was a consideration, the depreciated value of the TV set would be no more than $33.00.
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 with the state should assume and pay based on equitable principles.
The Board concludes:
That the following identified claimants are denied:
Masse’s Floor Coatings, Inc.
Robert & Jessica Stark
Brian A. Grant
Terrence Hood
Derrick P. Jones
Mario A. Martinez, Jr.
Hershel McCradic
That payment of the amounts below to the identified claimants from the following statutory appropriations is justified under § 16.007, Stats: Dated at Madison, Wisconsin this 1st day of October, 2013.
STEVE MEANS
Chair, Representative of the Attorney General
GREGORY D. MURRAY
Secretary, Representative of the Secretary of Administration
BRIAN HAGEDORN
Representative of the Governor
JOSEPH LEIBHAM
Senate Finance Committee
PATRICIA STRACHOTA
Assembly Finance Committee
_____________
State of Wisconsin
Government Accountability Board
October 15, 2013
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 2013 Regular Session of the legislature, visit the Government Accountability Board’s website at: lobbying.wi.gov
Bauknecht, Jason International Brotherhood of Electrical Workers Construction Electrician Local Unions
Berlinski, Heather Dean Health System Inc.
Fitzgerald, Jeff Family Fairness Coalition
Hubbard, Gregory International Brotherhood of Electrical Workers Construction Electrician Local Unions
Kammer, Peter Dean Health Systems Inc.
Langenohl, Tony CBL & Associates Properties Inc.
Loehr, Kira Citizens Utility Board
McCoshen, William CBL & Associates Properties Inc.
Neal, Christopher United Council of UW Students
Ruddock, Neil Excellence in Education National, Inc.
Schulze, Connie School Nutrition Association of Wisconsin, The
Schulze, Connie Wisconsin Academy of Family Physicians
Schulze, Connie Wisconsin Academy of Nutrition and Dietetics
Schulze, Connie Wisconsin Association of Health Plans
Schulze, Connie Wisconsin Public Health Association
Wilson, A.J. International Brotherhood of Electrical Workers Construction Electrician Local Unions
Zelenkova, Ramie International Brotherhood of Electrical Workers Construction Electrician Local Unions
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.
Sincerely,
KEVIN KENNEDY
Director and General Counsel
