Charges to Funds Quarterly Report
Pursuant to 25.17 (13m), Wis. Stats.
Received on August 14, 2020.
WisconsinEye
Progress Report
Receive don August 19, 2020.
Wisconsin Ethics Commission
Lobbyist Update
Pursuant to 13.685 (7), Wis. Stats.
Received on August 18, 2020.
Department of Corrections
Annual Restitution Report
Pursuant to 973.20 (11)(e), Wis. Stats.
Received on August 19, 2020.
Department of Health Services
2019 Statewide Immunization Program Report
Pursuant to 252.04 (11), Wis. Stats.
Received on August 28, 2020.
Referred to the committee on Health and Human Services.
Legislative Audit Bureau
Best Practices for Transitioning from Virtual Instruction to In-Person Instruction
Pursuant to 2019 Wisconsin act 185.
Received on August 21, 2020.
Wisconsin Ethics Commission
Lobbyist Update
Pursuant to 13.685 (7), Wis. Stats.
Received on August 25, 2020.
Office of the Commissioner of Insurance
2019 Wisconsin Insurance Report
Pursuant to 601.46 (3), Wis. Stats.
Received on August 27, 2020.
University of Wisconsin System
FY 2019-20 Wisconsin Environmental Policy Act Report
Pursuant to 1.11 (2)(j). Wis. Stats.
Received on August 28, 2020.
State of Wisconsin Claims Board
Claims heard on August 11, 2020
Pursuant to 16.007 and 775.05, Wis. Stats.
Received on August 28, 2020.
Douglas County Clerk of Circuit Court
Annual Restitution Report
Pursuant to 973.20 (11)(e), Wis. Stats.
Received on August 31, 2020.
Department of Natural Resources
2020 Groundwater Coordinating Council Report
Pursuant to 15.347 (13)(g), Wis. Stats.
Received on August 31, 2020.
Referred to the committee on Natural Resources and Energy.
Department of Administration
Temporary Reallocation of Balances
Pursuant to 20.002 (11)(f), Wis. Stats.
Received on August 31, 2020.
Referred to the joint committee on Finance.
_____________
State of Wisconsin
Claims Board
August 28, 2020
Enclosed is the report of the State Claims Board covering the claims heard on August 11, 2020. Those claims approved for payment pursuant to the provisions of s.16.007 and 775.05 Stats., have been paid directly by the Board.
This report is for the information of the Legislature, The Board would appreciate your acceptance and publication of it in the Journal to inform the members of the Legislature.
Sincerely,
AMY KASPER
Secretary
STATE OF WISCONSIN CLAIMS BOARD
The State of Wisconsin Claims Board conducted hearings at the State Capitol Building in Madison, Wisconsin, on August 11, 2020, upon the following claims:
Claimant Agency Amount
1. Carter Dedolph University $2,882.00
Of Wisconsin
2. Benjamin Werlein Corrections $9,369.16
3. Ryan and Office of $8,294.53
Richard Leaver the Governor
The following claims were decided without hearings:
Claimant Agency Amount
4. Glenn Lemmenes Natural Resources $1,214.40
5. Richard A. Agriculture, Trade & $85,000.00
Lawrence Jr. Consumer Protection
6. Robert Schultz Agriculture, Trade $9,000.00
& Consumer Protection
7. Timmy Johnson Corrections $466.00
8. Norman Rhodes Corrections $229.60
9. Robert Tatum Corrections $255.37
10. Dominique Corrections $157.17
Tovsen-Caseres
11. Jibril Wilson Corrections $148.98
12. George Wilson Corrections $96.70
With respect to the claims, the Board finds:
(Decisions are unanimous unless otherwise noted.)
11.
Carter Dedolph of Hudson, Wisconsin claims $2,882.00 for the value of seven sails not provided as allegedly promised by an online boat auction. In September 2018, claimant was the winning bidder of the “Cow Sailboat” (Soma), put up for auction by UW-Madison’s Hoofer Sailing Club (HSC). Claimant points to the online auction description provided by HSC which stated: “All the parts and sails are still available to complete the refit that was started a few years back before funding ran out.” Claimant notes that when he picked up Soma it was heavily tarped, and he did not access the cabin to see that no sails were provided. In addition, there were no staff present with whom he could raise questions. In January 2019, claimant received a new “found” mainsail but no other sails. At that time claimant also received other parts for the Soma. Claimant states that he was told several times that there were “multiple boxes” of Soma’s parts and materials which had been removed from the boat and were “in storage.” Claimant continued to communicate with HSC for several more months. In July 2019, HSC told him they could not find any other sails for Soma. Claimant understands that Soma was “SOLD AS IS, WHERE IS” but he does not believe that statement negates the clear description on the auction site that “All the…sails are still available …” Claimant notes that Soma was a fully functioning sailboat through the 2015 sailing season and therefore would have had multiple sails. Claimant’s damage amount represents the cost of seven used sails in “fair to good condition,” one mainsail ($464), four headsails ($379 each), and two spinnaker sails ($451 each). Claimant believes the UW and HSC did not fulfill the terms of the auction and requests payment for the missing sails. UW points to the fact that the auction description clearly stated “SOLD AS IS, WHERE IS.” In addition, the auction description did not state that any specific number, type, or quality of sails were included in the purchase, only that they were “available” so that a purchaser would be able to complete refitting the boat. While it was the intention to provide the winning bidder with all of the parts that had been accumulated by UW to refit the sailboat, there was never a promise that all of the parts and sails that were original to Soma would be included in the purchase. There was certainly no promise of any specific number of sails “in good or fair condition.” Claimant had every opportunity to inspect Soma before accepting it. In fact, it was assumed he would need to remove the tarps in order to safely transport the boat by road. He chose not to do so and therefore accepted it “AS IS, WHERE IS.” UW notes that claimant’s winning bid was $250. As documented by claimant’s own exhibits, UW undertook great effort to satisfy his expectations, including conducting multiple searches to locate any parts related Soma, and providing a tiller, spinnaker pole and brand new mainsail after claimant had accepted and transported the sailboat. UW believes it is unreasonable for claimant to now demand a refund of more than 10 times the amount he paid for Soma and recommends 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.
