The Board recommends to the legislature payment of this claim in the reduced amount of $79,666.72, which represents a 10% reduction to account for Budget Dumpster’s failure to timely raise and resolve the issue and provide DOR with sufficient information, including the costs borne by the State.
Note that this case summary was updated from what was published out of the September 7, 2023 meeting of the Claims Board to reflect additional information provided by the Department of Revenue.
4. Remington Oil Co., Inc. of Antigo, Wisconsin claims $785.21 for reimbursement of costs incurred due to an error made by a DATCP Bureau of Weights and Measures Inspector. After completing inspection of the premium gasoline dispensers at Summit Lake BP on March 21, 2023, the inspector had 45 gallons of premium gasoline to return to its tank. The inspector mistook the diesel fuel tank for the premium gasoline tank and pumped the premium gas into the diesel fuel tank. Immediately upon noticing the error, the inspector notified Summit Lake BP, which contacted their service company, Remington Oil, to rectify the situation.
DATCP recommends payment of this claim. Diesel fuel mixed with premium gasoline could lower the flashpoint of the diesel fuel, potentially harming diesel engines or posing a safety risk to people using the contaminated fuel. The work done by Remington was appropriate to correct the mistake made by the DATCP inspector.
The Board concludes the claim should be paid in the amount of $785.21 based on equitable principles. The Board further concludes, under authority of Wis. Stat. § 16.007 (6m), payment should be made from the Department of Agriculture, Trade & Consumer Protection appropriation Wis. Stat. § 20.115(1)(t). 5. Jerome Walker of Green Bay, Wisconsin claims $364.95 for value of eyeglasses destroyed as contraband by DOC. On June 27, 2021, DOC staff confiscated several property items during a search of Walker’s cell, including a pair of Versace eyeglasses, which Walker claims were worth $1300. DOC issued Walker a conduct report for possession of contraband in violation of Wis. Admin. Code DOC 303.47. A disciplinary hearing was held, Walker was found guilty, and DOC destroyed the eyeglasses. Walker alleges that DOC’s destruction of the eyeglasses violated Wis. Admin. Code 303.09(2), which gave him the right to mail the eyeglasses to his family. Walker disputes DOC’s assertion that he obtained the eyeglasses through improper means. He claims he has owned the glasses since 2015 and that DOC staff even repaired them at one point, which proves that his eyeglasses were allowed. Walker also believes that DOC lacked sufficient evidence to determine that his eyeglasses exceeded the allowed value limit of $75, but that they simply speculated that they were so based on the brand. Walker alleges that the Administrative Code supersedes DAI policy, and that the Code allowed him to mail out the glasses so they would not be destroyed.
DOC recommends denial of this claim. Walker received a conduct report for possession of contraband in violation of DOC 303.47. Walker was unable to produce a receipt for the glasses, which DOC determined were over the allowed value limit and could not have been purchased through property at the institution. DOC notes that Walker first claimed his glasses were worth $1300 but then submitted a receipt to the Claims Board for $364.95. At the time of this incident, the maximum value limit for a pair of eyeglasses was $75. No institution would have permitted an inmate to possess glasses valued at $364.95, let alone $1300. DOC states that the hearing officer properly disposed of the eyeglasses as a result of the disciplinary process, pursuant to DAI Policy. DOC also notes that there is no conflict between the Administrative Code and DAI Policy, in fact, the Code incorporates the Policy by reference and specifically provides that disposition of contraband property may be made pursuant to DOC policy. DOC believes that Walker is attempting to use the Claims Board process to challenge the outcome of his disciplinary matter, which is not appropriate. DOC argues that it was not negligent and that there is no equitable reason to pay this claim because Walker has not proven that he obtained the glasses through proper channels or that they are of the value that he alleges.
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 payment of the amounts below to the identified claimant from the following statutory appropriations is justified under § 16.007(6)(b). Inc.
That the following identified claimants are denied:
C&C Services, Inc.
Jerome T. Walker
The Board recommends to the legislature:
Payment of the claim of Budget Dumpster, LLC in the amount of $79,666.72.
Dated at Madison, Wisconsin this 16th day of February, 2024.
R. DUANE HARLOW
Chair, Representative of the Attorney General
ANNE L. HANSON
Secretary, Representative of the Secretary of Administration
ERIC WIMBERGER
Senate Finance Committee
ALEX DALLMAN
Assembly Finance Committee
MEL BARNES
Representative of the Governor
_____________
Referrals and Receipt of Committee Reports Concerning Proposed Administrative Rules
Relating to remote dispensing.
Submitted by the Pharmacy Examining Board.
hist188372Report received from Agency, February 14, 2024. hist192386Referred to the committee on Mental Health, Substance Abuse Prevention, Children and Families, February 26, 2024. Relating to student teaching equivalency.
Submitted by the Department of Public Instruction.
hist189536Report received from Agency, February 16, 2024. hist192387Referred to the committee on Education, February 26, 2024. Relating to implementation of the Psychology Licensure Compact.
Submitted by the Psychology Examining Board.
hist188371Report received from Agency, February 14, 2024. hist192388Referred to the committee on Licensing, Constitution and Federalism, February 26, 2024. Relating to scheduling Amineptine.
Submitted by the Controlled Substances Board.
hist188370Report received from Agency, February 14, 2024. hist192385Referred to the committee on Mental Health, Substance Abuse Prevention, Children and Families, February 26, 2024. Relating to scheduling Zipeprol.
Submitted by the Controlled Substances Board.
hist188369Report received from Agency, February 14, 2024. hist192384Referred to the committee on Mental Health, Substance Abuse Prevention, Children and Families, February 26, 2024. _____________
Messages from the Assembly Considered
Assembly Bill 19
Relating to: spinal cord injury research grants and symposia and making an appropriation.
By Representatives Tittl, Wittke, J. Anderson, Bare, Baldeh, Cabrera, Clancy, Conley, Duchow, Gundrum, Haywood, Madison, Magnafici, Mursau, O'Connor, Ortiz-Velez, Riemer, Rozar, Sinicki, Spiros, Subeck, Summerfield, Tusler and Vining; cosponsored by Senators Wanggaard, Carpenter, Cabral-Guevara, Hesselbein, James, Spreitzer, Taylor and Tomczyk.
hist192411Read first time and referred to the joint committee on Finance. Assembly Bill 29
Relating to: a sales and use tax exemption for precious metal bullion.
By Representatives Sortwell, Schraa, Allen, Armstrong, Behnke, Bodden, Brooks, Gustafson, Moses, Murphy, Mursau, Penterman, Petersen, Rettinger, Tittl and Tusler; cosponsored by Senators Stroebel, Cabral-Guevara, Felzkowski, Feyen, Nass, Quinn and Spreitzer.
hist192447Read first time and referred to the committee on Senate Organization. Assembly Bill 91
Relating to: exempting veterans and members of the armed forces from admissions application fees at University of Wisconsin System schools and technical colleges.
By Representatives Edming, Novak, Armstrong, Brandtjen, Green, Mursau, Myers, Ortiz-Velez, Rozar, Shankland, Subeck and Sinicki; cosponsored by Senators Jacque and Carpenter.
hist192450Read first time and referred to the committee on Universities and Revenue. Assembly Bill 102
Relating to: reducing the eligibility threshold to claim the veterans and surviving spouses property tax credit.
By Representatives Edming, Macco, Allen, Andraca, Armstrong, Baldeh, Brandtjen, Conley, Dittrich, Goeben, Green, Michalski, Mursau, Ohnstad, Ortiz-Velez, Penterman, Petryk, Plumer, Rozar, Shankland, Sinicki, Summerfield, Tusler and Wichgers; cosponsored by Senators Jacque, Testin, James, Quinn, Spreitzer, Taylor and Wirch.
hist192462Read first time and referred to the committee on Universities and Revenue. Assembly Bill 155
Relating to: the sale or rental of soda water beverage equipment and coin-operated vending machines.
By Representatives Magnafici, Callahan, Considine, Armstrong, Baldeh, Clancy, Duchow, Edming, Emerson, Kitchens, Krug, Novak, O'Connor, Penterman, Rozar, Schmidt, Schraa, VanderMeer, Wittke and Drake; cosponsored by Senators Ballweg, Carpenter, Nass, Stroebel and Wanggaard.
hist192463Read first time and referred to the committee on Senate Organization. Assembly Bill 181
Relating to: earned release for inmates upon the completion of an employment readiness training program and granting rule-making authority.
By the Joint Legislative Council
hist192464Read first time and referred to the committee on Senate Organization. Assembly Bill 182
Relating to: a certification of rental readiness and funding to cover damages caused by certification of rental readiness holders.
By the Joint Legislative Council
hist192465Read first time and referred to the committee on Housing, Rural Issues and Forestry. Assembly Bill 210
Relating to: pupils wearing traditional tribal regalia at a graduation ceremony or school-sponsored event.
By the Joint Legislative Council
