S813
14. Ronald D. Retrum of Barneveld, Wisconsin claims $229.40 for tire damage allegedly caused by ash from the University of Wisconsin heating plant. In December 1996 and January 1997, certain townships near Madison used ash from the UW-Madison heating plant as a substitute for road salt. This ash was made available free of charge to the municipalities. It appears that some of the ash during this time period contained sharp metal fragments, apparently the residue of incomplete burning of tires for fuel. A number of people in the area experienced tire damage due to these metal fragments slowly working their way into the tires. When the problem first became apparent, the University of Wisconsin paid 59 claims directly, without Claims Board action. The UW set a cut off date of May 15, 1997, and denied claims for damages incurred after that date. The claimant requests reimbursement for the cost of repairing and replacing several tires on his vehicle. The University of Wisconsin recommends denial of this claim. The UW had no notice of any problems with the ash until notified by the townships in January 1997. At that point, corrective action was taken to avoid further problems. Ordinarily, such circumstances would not warrant the payment of claims for tire damage. Nevertheless, although it was not negligent, the UW believed that equitable principles supported the payment of some claims for tire damage occurring in connection with use of the ash. Reimbursements were made in 1997 for a number of these claims. The present claim, however, was not filed until nearly a year after the time period in which the original claims were paid and the UW states that the actual time of the damage is uncertain. The UW believes that responsibility for the continued use of any stockpiled ash, or for road sweeping necessary to clear remaining ash, is at the municipal level. The UW believes that these factors, together with the remoteness in time between the first applications of the ash and this claim, essentially eliminate any equitable basis for payment. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
15. Laurence J. Marton of Madison, Wisconsin claims $6,109,044.10 for current and projected salary losses related to an alleged contract violation by the University of Wisconsin. In 1994, the claimant was asked to resign as Dean of the UW Medical School. At that time, his compensation consisted of an annual "base" salary, together with an annual salary "supplement" paid through the Department of Pathology's clinical practice plan. The claimant alleges that he negotiated a contract with the UW, which stated that after stepping down as Dean, he would continue to receive the base salary and salary supplement, but that these amounts would be reduced at specific times to 82 percent of their former level. The claimant states that the contract also specified that he would be entitled to subsequent faculty salary increases; that the UW would pay him for an additional two months during the summer while he reestablished his research work; and that the UW would provide him with laboratory space, office space, staffing and equipment support for his research. The claimant states that it was understood by all parties that, while the salary supplement would continue to be paid through the Pathology Department's clinical practice plan, the level of the supplement was not to be affected by any future reductions in supplement payments under new clinical practice arrangements that were being discussed at that time. The claimant alleges that the UW has refused to pay substantial portions of his salary supplement, failed to give him appropriate percentage increases in base and/or supplemental salary and failed to provide him with adequate research facilities and assistance, which has resulted in additional losses. The University of Wisconsin recommends that this claim be denied. The claimant has raised related issues in other proceedings. He filed two claims for unpaid wages with the Department of Workforce Development Equal Rights Division, both of which were denied. The UW alleges that the arrangements made in connection with the claimant's resignation as Dean of the Medical School do not constitute a contract as the claimant contends. The UW states that the understanding was simply that the claimant would be allowed to return to a faculty position in the Medical School, subject to the rules and policies governing such faculty positions, and with the benefits associated with such positions. The UW argues that the claimant has been paid all salaries and salary supplements due him as a faculty member and has been provided the support services associated with his faculty status. The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employes and this claim is not one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
16. Jan A. Nowlen and Richard A. Martin of Muscoda, Wisconsin claim $9,556.69 Claim for refund of money garnished for payment of an estimated assessment for 1991 and 1992 personal income taxes. The Department of Revenue issued an estimated assessment for these years in April 1994. Claimant Nowlen's wages were certified during 1994 and 1995 and the returns were filed in September 1996. The Department recommends denial of this claim. This case involves failure to file personal income tax returns for the years 1991 and 1992. Section
71.75 (5), Stats., prohibits the DOR from refunding the amount that was applied to the original assessment, since no refund was claimed within the prescribed two-year time period. The Board concludes the claim should be paid in the reduced amount of $5,000.00 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the Claims Board appropriation s.
20.505 (4)(d), Stats.
17. Alan & Marlene Sieker of Manitowoc, Wisconsin claim $12,600.00 for increased indemnity value for 14 elk that were destroyed because they tested as reactors for tuberculosis. The destruction of the animals was performed in conjunction with the Department of Agriculture, Trade & Consumer Protection. The claimants received a statutorily mandated indemnity from the state to cover part of the value of the animals. Less than two months after the animals were destroyed, the state indemnity amount was raised substantially by legislation. The claimants cooperated fully with DATCP in destroying the animals. They feel that they are bearing a substantial burden for a benefit accruing to the entire state. The total appraised value of the destroyed animals was $71,200 and the claimants have only recovered $18,900 in state and federal indemnities. The claimants request that the Board award them the difference between the state indemnity already paid and that which would have been allowed pursuant to the terms of the revised statute, namely $900 per animal, for a total claim of $12,600. The Department of Agriculture, Trade & Consumer Protection recommends payment of this claim. In June 1996 Wisconsin enacted
1995 Wisconsin Act 450, which changed the maximum allowable indemnity payment for animals condemned and slaughtered under the bovine tuberculosis program from $600 to $1500. The act was published July 8, 1996. The act created a delayed effective date for provisions related to indemnity changes, in that it specified that the change would take effect "on the first day of the 16
th month beginning after publication." Therefore, the change from $600 to $1500 was effective November 1, 1997. The claimants' animals were condemned and slaughtered in September 1997 as part of the bovine TB control program. The Board recommends that the claim be paid in the amount of $12,600.00 based on equitable principles.
The Board concludes:
1. The claims of the following claimants should be denied:
Mary Sawatske Marcus Gumz
Dale Breggeman David L. Canedy
Steven E. Janecek Ronald D. Retrum
Laurence Marton
2.
Payment of the following amounts to the following claimants is justified under s.
16.007, Stats:
William & Cynthia Haack $5,000.00
Paul G. Roehrig $5,000.00
Lonie Wise $250.00
William Niebuhr $5,000.00
Thomas Wall $1,300.00
Cletus Alsteen $185.00
John P. Cejka $1,140.07
Michael D. Vogtman $2,129.43
Jan Nowlen & Richard Martin $5,000.00
3.The Board recommends payment of $12,600.00 to Alan & Marlene Sieker for 14 destroyed elk. Dated at Madison, Wisconsin this 17 th day of December 1998.
Alan Lee, Chair
Representative of the Attorney General
Edward D. Main
Representative of the Secretary of Administration
Dale Schultz
Senate Finance Committee
Sheryl Albers
Assembly Finance Committee
Investment Board
December 21, 1998
The Honorable, The Legislature:
Attached is the Investment Board's annual report to the Legislature on investment goals and long-term strategies, as provided under section
25.17(14g) of the Statutes. Objectives for each of the major funds managed by SWIB are described and significant changes since our last report are noted.
Sincerely,
Patricia Lipton
Executive Director
State of Wisconsin
Milwaukee Public Schools
December 15, 1998
The Honorable, The Legislature:
Enclosed you will find a copy of the report entitled "State-Funded High/Scope All-Day Five-Year-Old Kindergarten Program and State-Funded High/Scope First Grade Program." This report summarizes the projects and data collected for the 1997-1998 school year.
This report was prepared in response to sections 119.71, 119.73 and 119.75 of the current state statutes.
Sincerely,
Douglas Haselow
Chief Lobbyist
Office of Governmental Relations
State of Wisconsin
Southeast Wisconsin Professional Baseball Park District
December 17, 1998
The Honorable, The Legislature:
Attached please find the Miller Park monthly progress report for the month of November 1998 for your review and consideration.
Please feel free to contact me if you have any questions or comments regarding the enclosed report.
Sincerely,
Michael R. Duckett, P.E.,R.L.S.
Executive Director
State of Wisconsin
Legislative Audit Bureau
December 21, 1998
The Honorable, The Legislature:
We have completed an evaluation of the Kinship Care program administered by the Department of Health and Family Services. The program provides cash assistance to individuals who provide care for the children of relatives who are absent or otherwise unable to care for their children. The program's budget, $24.2 million in fiscal year 1998-99, is funded through the federal Temporary Assistance to Needy Families (TANF) block grant and general purpose revenue funds. More than 8,000 children received Kinship Care benefits in June 1998.
Attention was drawn to the Kinship Care program in 1998, when eligible children and families were being placed on waiting lists because funding was insufficient to meet demand for the program. Although budget predictions underestimated the number of eligible families who would apply for the program, especially in Milwaukee, we did not find the projections to have been unrealistic given information available at the time. In September, an additional $1.9 million was transferred to the program to provide benefits to families reported to be on waiting lists and to allow for some additional growth.
In investigating the reasons for the unexpected program growth, we found inconsistent program implementation among local agencies, particularly with regard to the treatment of children's and caretaker relatives' income. This inconsistency indicates a need for additional legislative attention. In addition, the Department's management and oversight of the program has been limited. Therefore, we include recommendations for additional program monitoring to support informed management and policy decisions.
We appreciate the courtesy and cooperation extended to us by staff and in the Department of Health and Family Services and local agencies. The Department's response is Appendix III.
Sincerely,
Janice Mueller
State Auditor
__________________
State of Wisconsin
Revisor of Statutes Bureau
January 1, 1999
To the Honorable, the Senate:
The following rules have been published:
Omitted from previous reports:
Sincerely,
GARY L. POULSON
Deputy Revisor
The committee on Environment and Energy reports and recommends:
Relating to the administration of the private forest landowner grant program.
No action taken.
Relating to the assessment and collection of fees providing assistance on the remediation and redevelopment of contaminated lands.
No action taken.
Relating to fishing tournament permitting.
No action taken.
Robert Cowles
Chairperson
for the Month of December 1998
