Remembering our Fallen Law Enforcement Officers
This week is recognized as National Police Week, a time for us to remember and honor fallen law enforcement officials who made the ultimate sacrifice in the line of duty. In 1962, President John F. Kennedy proclaimed May 15th as National Peace Officers Memorial Day to recognize the service and sacrifices made by those who wear the law enforcement badge.
In commemorating National Police Week, we also remember the life and service of Kenosha County Deputy Sheriff Frank Fabiano, Jr. who served the Kenosha County Sheriff's Department for 18 years. At the age of 48, the former U.S. Marine was killed on May 17, 2007 when an illegal immigrant shot him during a routine traffic stop near the University of Wisconsin - Parkside campus in the Town of Somers. The shooting took place at 11:37pm before the suspect fled on foot and a UW-Parkside officer found Deputy Sheriff Fabiano lying on the ground. Deputy Sheriff Fabiano was immediately transported to St. Catherine's Hospital where he died from his injuries at 5:00am.
Meanwhile, after a three-hour manhunt, the illegal immigrant who shot Deputy Sheriff Fabiano was apprehended by area law enforcement. He was convicted of murder and sentenced to life in prison with no chance for parole.
A dedicated public servant who had also proudly served his country, Deputy Sheriff Fabiano continues to be missed by many in the community, especially his family. He is survived by his wife, daughter, parents, a brother, and a sister.
We also remember the life and service of Fond du Lac Police Officer Craig Birkholz, a Kenosha native who graduated from Tremper High School. After serving his country in Iraq and Afghanistan with the U.S. Army, Officer Birkholz relocated to Fond du Lac as a new member of the Fond du Lac Police Department.
On March 20th of this year, he and a fellow officer responded to an emergency call at 6:00am at a private residence. As they approached the home, a suspect opened fire from the second floor and fatally wounded Officer Birkholz. A standoff soon followed until the suspect committed suicide.
Just 28 years old and only weeks from his 29th birthday on April 5th, Officer Birkholz is survived by his wife. He continues to be missed by those in the area who knew him.
BadgerCare Plus Basic Plan Audit Completed
Recently, the Legislative Audit Bureau (LAB) published the results of its six-month evaluation of the BadgerCare Plus Basic Plan. Created under 2009 Wisconsin Act 219, the BadgerCare Plus Basic Plan was intended to provide temporary, unsubsidized health insurance for childless adults who were on the waiting list for enrollment into the BadgerCare Plus Core Plan, a Medical Assistance (MA) program upon which enrollment caps had been imposed in October 2009 due to limited funding. The Basic Plan is not an MA program subjected to state or federal rules and regulations, and it is scheduled to sunset on January 1, 2014. The evaluation conducted by the LAB between July and December 2010 was required under 2009 Wisconsin Act 219.
As of July 2010, there were 61,778 individuals on the waiting list for benefits under the BadgerCare Plus Core Plan. By December 2010, that number had increased to 89,412 individuals. In the meantime, a total of 5,143 individuals were enrolled in the BadgerCare Plus Basic Plan at some point during the six-month evaluation of the program by the LAB.
Upon completion of the audit, the LAB cited a number of concerns throughout its report that pose a serious threat to the BadgerCare Plus Basic Plan's sustainability. Among these concerns is eligibility verification.
In contrast to other MA programs, the BadgerCare Plus Core and Basic Plans do not require prospective participants to apply for enrollment in person, and their eligibility is not determined by county social service workers. To enroll, participants only need to answer a series of questions either online or by telephone. Their responses are then evaluated by staff employed at the Department of Health Services (DHS) Enrollment Services Center in Madison. Under state law, DHS is required to verify the eligibility of BadgerCare Plus Basic enrollees each month.
Some eligibility criteria, however, have not been verified, including Wisconsin residency, according to the LAB. DHS also did not begin verifying the income of enrollees and their access to private insurance through automated data matches with state wage and insurance liability data systems until December 2010. At that time, DHS had identified 100 enrollees whose income levels appeared to exceed program limits. Additionally, 299 enrollees were found to be potentially ineligible for the program due to access they had to private insurance or Medicare.
The LAB also found that as of December 2010, expenditures for BadgerCare Plus Basic had exceeded revenues by $140,300. However, this gap would have been far greater had it not been for a $1.1 million federal grant appropriated under the State Health Access program.
A contributing factor to this deficit is the insufficient monthly premiums paid by enrollees to cover services and administrative costs associated with the program. As of December 2010, the average monthly costs per enrollee totaled $273; yet, each enrollee paid a premium of $130 per month. Adding to the costs were services provided to individuals who were not enrolled in BadgerCare Plus Basic as well as services not even covered under the program. Altogether, this amounted to 107 inappropriately paid claims for services, totaling $14,600.
In order to contain these costs and reduce the program's deficit, DHS suspended enrollment for BadgerCare Plus Basic in March of this year. Additionally, premiums for enrollees were increased from $130 to $200 per month, a 53.8 percent increase likely to raise concerns about the program's affordability.
As my colleagues on the Joint Audit Committee, the staff at the Legislative Audit Bureau and I further review the results of the BadgerCare Plus Basic audit and hold a public hearing in the near future, I will be looking to determine what kind of accountability exists within this program. I am appalled that DHS had waited until December 2010 to begin verifying the eligibility of those enrolled in BadgerCare Plus Basic by that time.
Audit Completed on State Agencies and UW System
In addition to the BadgerCare Plus Basic audit, the Legislative Audit Bureau also completed the third in a series of evaluations analyzing overtime costs at state agencies. For the first time, the evaluation included a review of the University of Wisconsin (UW) System.
The primary focus of the evaluation centered on premium overtime, which is typically earned by employees who staff facilities with 24-hour operations or that pertain to emergency services. The payout for premium overtime is generally 1.5 times the employee's hourly rate for each hour worked beyond the standard 40 hours within a given week.
During the 2010 calendar year, the Legislative Audit Bureau found that the state of Wisconsin spent $57.1 million on premium overtime alone. From 2006 through 2010, the state spent a total of $297.5 million on premium overtime costs. Five state agencies were found to have accounted for 91 percent of premium overtime costs between 2006 and 2010: Department of Corrections (DOC), Department of Health Services (DHS), UW System, Department of Transportation (DOT), and the Department of Natural Resources (DNR). Together, DOC and DHS accounted for 70 percent of these costs.
Among the more troubling results of this evaluation is the overtime pay earned by a few state employees during the 2010 calendar year. For instance, a Nurse Clinician 2 employed at the Southern Wisconsin Center earned nearly $105,000 in premium overtime pay on top of a $91,000 salary. A Correctional Sergeant at the Oakhill Correctional Institution with a salary of $57,500 made an additional $102,100 in premium overtime pay. And these are just two examples identified by the Legislative Audit Bureau.
In an effort to scale back on overtime while continuing to meet staffing needs, DHS and DOC have relied increasingly on surplus positions. Used as intended, these positions are filled on a temporary basis and funded with existing agency resources or savings generated by position vacancies. This practice, however, has the effect of circumventing statutory controls and has resulted in increased expenditures within other budget categories.
Thus, in addressing the challenges associated with overtime at state agencies and the UW System, the Legislative Audit Bureau recommended that the Legislature identify ways in which the appropriate use of surplus positions could be more clearly defined. Additionally, state agencies should continue to properly monitor their overtime costs to ensure that they are being adequately managed. Overall, there needs to be a better balance between overtime costs and staffing needs that won't impose an excessive financial burden on the taxpayers, particularly as we face a $3.6 billion deficit in the 2011-2013 biennium.
The issue of overtime costs incurred by state agencies and the UW System is also among the topics of discussion within the Governor's Commission on Waste, Fraud, and Abuse, of which I am a member.
State Auditor Jan Mueller Announces Retirement
It saddens me to report that State Auditor Jan Mueller has decided to retire after 35 years of exceptional service in state government, 13 years of which she has spent as State Auditor. Her last day is Friday, June 17th. I've had the distinct privilege of working with Jan since 2001, when I first took office and was appointed to serve on the Joint Legislative Audit Committee.
I've always been very impressed by Jan's remarkable work ethic and her ability to locate nearly every penny being spent on state programs and agencies that have been the focus of the auditing process conducted by the Legislative Audit Bureau. Her eye for detail has saved Wisconsin taxpayers millions of dollars and also influenced a number of policy initiatives intended to reverse wasteful spending and fraudulent activity. What sticks out most to me is the Wisconsin Shares audit, through which Jan identified more than $20 million in wasteful and fraudulent spending in 2008 alone. And that is only one example among many more of how effective she has been as State Auditor. She will be missed dearly.
With Jan's departure, that leaves my colleagues and me on the Joint Legislative Audit Committee with a portion of the unique responsibility of appointing a new State Auditor. State law requires that the Joint Committee on Legislative Organization (JCLO), whose members include Assembly Speaker Jeff Fitzgerald and Senate President Mike Ellis, have the final say over who they wish to be appointed State Auditor based on recommendations submitted by the Joint Legislative Audit Committee. I will keep you informed as this process moves forward.
State Department of Tourism Awards Grants to Kenosha
According to Secretary Stephanie Klett of the State Department of Tourism, the Kenosha Area Convention and Tourism Bureau is "like no other." As proof of how exceptional this organization is, Secretary Klett awarded two prestigious grants to help the organization in its efforts to promote tourism in Kenosha: a $39,417 Destination Marketing grant and a $19,500 Joint Effort Marketing grant. The JEM grant, in particular, will benefit the city's Civil War Museum's "Salute to Freedom" event scheduled to take place in June. "No group has received more JEM grants than this group," Secretary Klett stated during the speech she delivered to the organization.
In addition to the grants awarded to the Kenosha Area Convention and Tourism Bureau by Secretary Klett, Governor Scott Walker also awarded a $20,700 JEM grant to benefit "Taste of Wisconsin" in Kenosha this summer. According to Dennis DuChene, President of the Kenosha Area Convention and Tourism Bureau, tourism alone in Kenosha creates 4,197 jobs, which the three grants awarded by the state will help support. Tourism in the area also generates additional revenue supplied by taxes paid by out-of-state visitors.
I offer my sincerest congratulations to the Kenosha Area Convention and Tourism Bureau and commend its members on a job well done. Not only did they succeed in earning these grants, but they have also demonstrated a strong commitment and dedication to creating jobs and encouraging greater interest in the tourism opportunities Kenosha has to offer for both residents and visitors.
Wisconsin Moving up Among Best States in which to do Business
There is more good news to share in highlighting how far Wisconsin's economic recovery has come over the last few months. Chief Executive magazine recently ranked Wisconsin as the 24th best state in which to do business, compared to the state's position as 41st just one year ago and 43rd in 2009. Wisconsin tied with Louisiana in posting the two biggest gains over the past year, according to the survey data compiled by CEO Survey and ChiefExecutive.net. This is certainly welcome news and a testament to the progress my colleagues, Governor Walker, and I have made over the past few months to make Wisconsin more inviting to the business community, create more jobs, and firmly plant us on the right path toward a full economic recovery.
Ways and Means Public Hearing held on Assembly Bill 105
Within the previous issue of Capitol Insight, I mentioned that I introduced Assembly Bill 105 with Representative John Steinbrink, Representative Peter Barca, and Senator Bob Wirch. The purpose of this legislation is to change the requirements for creating a tax incremental financing district in the village of Pleasant Prairie. In the long run, this measure will provide Pleasant Prairie with greater flexibility in effectively using the tax incremental district for economic development and job creation, which in turn will benefit Kenosha County as it continues to recover from the recent economic downturn.
AB 105 was taken up during a public hearing held this week by the Assembly Committee on Ways and Means, on which I serve as Chair. Representative Steinbrink, a member of the committee, and I testified together in favor of passing this legislation out of the committee. Joining us in providing additional testimony in support of AB 105 were Todd Battle, President of the Kenosha Area Business Alliance (KABA), and Mike Pollocoff, Village Administrator of Pleasant Prairie. Overall, we had a very good discussion on this bill and the next step will be scheduling an Executive Session in order for committee members to vote on AB 105, potentially advancing it for a floor vote by members of the entire Assembly.
Rep. Kerkman is joined by Rep. John Steinbrink, Pleasant Prairie Village Administrator Mike Pollocoff, and Todd Battle, President of the Kenosha Area Business Alliance, in testifying in favor of AB 105 during a public hearing held by the Assembly Committee on Ways and Means.
Wisconsin Department of Tourism Launches "Picture the Fun" Summer Campaign
As we anxiously await the warmer weather and sunnier days of summer, the Department of Tourism recently launched its new summer marketing campaign with the slogan "Picture the Fun." The campaign is intended to inspire travelers throughout Wisconsin and out-of-state visitors to discover and share their idea of fun in Wisconsin this summer.
According to Tourism Secretary Stephanie Klett, "Our campaign will hit the mark for travelers by appealing to the emotional experiences that come with a Wisconsin vacation. Our goal is to inspire travelers and make it easier for them to find fun this summer. The state's diversity of fun tourism offerings provides the traveler with limitless options."
The "Picture the Fun" campaign will air in media markets across Wisconsin, Illinois, Michigan, Minnesota, and Iowa as television advertisements, radio spots, print and digital media, social media updates, and through other public relations efforts. One of the television advertisements will feature a friendly, familiar face many of us grew up with: Henry Winkler - or "Fonzie" from the television show "Happy Days." Says Winkler of his role in the campaign, "The people of Milwaukee and Wisconsin have always embraced my family and me with their warmth. I was so pleased when I was asked to play a role in promoting Wisconsin because of the admiration I have for the state."
For more information about the "Picture the Fun" campaign or for assistance in planning your own "summer fun" with family and friends, please visit www.travelwisconsin.com. I wish everyone a happy, safe, and memorable summer!
Memorial Day Weekend
Speaking of planning for summer, I would like to acknowledge a few area events and activities planned for Memorial Day weekend:
Chocolate Fest 2011: A long-time tradition, Chocolate Fest will again kick off the summer season from Friday, May 27th until Monday, May 30th. Making it even more special, the festival will celebrate its 25th Anniversary this year. Joining in the celebration will be Pat McCurdy, The Toys, Love Monkeys, Britins, Crossfire, and Chasin Mason to name a few acts who will be performing.
Veterans Affairs Memorial Day Ceremony: The Department of Veterans Affairs will host a ceremony to commemorate Memorial Day at the Southern Wisconsin Veterans Memorial Cemetery in Union Grove. This event is scheduled to take place on Sunday, May 29th at 11:00am.
Silver Lake Parade and Memorial Day Service: The Village of Silver Lake will hold its annual parade and program on Monday, May 30th. The parade begins at 9:00am at Riverview School. Following the parade will be a service at the American Legion Hall located at 307 N. Cogswell Drive. Refreshments will be provided.
Twin Lakes Parade and Memorial Day Service: Twin Lakes has scheduled its annual Memorial Day parade for 11:00am on Monday, May 30th. The parade will begin at Lance Park.
If you are not planning to be in the area during Memorial Day weekend, but would still like to attend a service elsewhere in the state, please visit the Department of Veterans Affairs website for more information and locations. I hope everyone will take a moment from their busy weekend activities to pause and remember those who gave the ultimate sacrifice for our state and our nation. Particularly with two wars continuing in Iraq and Afghanistan, let us remember our neighbors who have served and continue to serve, along with their families who will spend Memorial Day weekend without their loved ones here at home.
Kenosha County Law Day, Part II held at State Capitol
In the previous issue of Capitol Insight, I mentioned my participation in Kenosha County Law Day, which was held on Monday, May 3rd at the Kenosha County Administrative Building. Recently, part 2 of this annual event took place at the Capitol.
On Friday, May 6th Representative Peter Barca and I met with this year's participants in the Kenosha County Law Day program to discuss the legislative process and pose for photos with them. The group included the event's organizers: Deputy Ray Rowe of the Kenosha County Sheriff's Department, Officer Dennis Walsh of the Kenosha Police Department, and Commander Dennis Hackeloer of the Kenosha County Council of the American Legion, which sponsors the annual event. I then escorted the group on a tour of the Capitol before we ended the day with a lunch sponsored by Mr. Pete Wasilevich, owner of the Kenosha area Kentucky Fried Chicken restaurants.
As I've also previously mentioned, the Kenosha County Law Day program also includes an essay writing competition in which students write about a featured topic. The topic for this year was "If I Could Change a Law," and the winning essay was written by John Holeman. For his essay, Holeman chose to focus on the symbolism of the American flag. Within his essay, he wrote, "The law I would like to change is the tolerance of disrespect and desecration of our flag under the First Amendment. Additionally, I want to introduce the consideration of a penalty which is punishable under treasonous acts against our country." To read more or all of Holeman's winning essay, please click here.
The history of Law Day itself, which is held across the nation, dates back to the Boston Massacre trials of 1770. During those trials, John Adams, our future President, defended a British officer and soldiers charged with shooting into a crowd of protestors and killing five of them. His role in the trials serves as an enduring lawyerly exemplar of adherence to both the rule of law and the defense of the rights of those accused. Recognizing Law Day encompasses a renewal of the understanding of and appreciation for the fundamental principle of the rule of law.
I would like to thank Deputy Rowe, Officer Walsh, and the Kenosha County Council of the American Legion for their efforts in making Kenosha County Law Day 2011 a success. Their hard work and involvement with this program is sincerely appreciated.
Rep. Kerkman (far right) is pictured with organizers and participants of Kenosha County Law Day 2011 in the rotunda of the State Capitol.
Rep. Kerkman (far right) is pictured with Rep. Peter Barca (near right), organizers and participants of Kenosha County Law Day 2011 in the Assembly Chamber at the State Capitol.
Bristol Fire Department honored by Flight for Life
On Monday, the Bristol Fire Department was honored by Flight for Life (McHenry Base) with the 16th Annual Scene Call of the Year Award for 2010. The fire department was selected from a pool of applicants based primarily on its quick response and teamwork among emergency personnel in saving the life of Kelly Hinze.
According to West of the I, Hinze was involved in a car-versus-dump truck accident in Bristol shortly before 2:00pm on August 26, 2010. The Kenosha County Sheriff's Department and the Bristol Fire Department were immediately dispatched to the scene of the accident, where they found Hinze unconscious but breathing; yet, she needed to be extricated from her destroyed vehicle. Flight for Life (McHenry Base) was put on stand-by.
After more than 20 minutes, Hinze was successfully extricated from her vehicle and transported to the landing zone of Flight for Life at Highways 45 and 50, the Kenosha County Center. From there, Hinze was flown to Froedtert Hospital in Milwaukee, which has a Level 1 Trauma Center. Her condition was listed as "extremely critical." She had suffered a fractured pelvis, punctured lung, multiple facial and rib fractures, and a torn aorta.
Miraculously, Hinze recovered and was discharged from the hospital on September 24th. She has since returned to work and continues to do very well, thanks largely to the quick and heroic efforts of the emergency personnel who saved her life. These efforts then translated into the Bristol Fire Department's selection as the winner of the 2010 Scene Call of the Year Award from Flight for Life.
For additional details and photos of the award ceremony, please visit www.westofthei.com.
Look Twice, Save a Life Campaign Launched in Randall
This week, ABATE launched a motorcycle safety awareness campaign in the Town of Randall. In an effort to reduce the number of accidents and fatalities associated with motorcycles, ABATE unveiled the "Look Twice, Safe a Life" campaign which involves posting signs throughout the state with the campaign's slogan.
Town of Randall Supervisor Mike Halvorson, a member of ABATE, contacted me about this campaign, which I wholeheartedly support. My two sons and I joined Supervisor Halvorson, Town of Randall Chairman Bob Stoll, ABATE representative Angela Mercer, and Kenosha County Supervisor Dennis Elverman for the installation of the first sign of the "Look Twice, Save a Life" campaign. The sign is located along 93rd Street. Three more are expected to be installed around the Town of Randall, including one along Legion Drive. The campaign and sign installations are fully funded by ABATE. Please visit www.westofthei.com for more information and photos.
Rep. Kerkman is pictured with her sons, Ian and Evan, Town of Randall Chairman Bob Stoll, ABATE representative Angela Mercer, and Kenosha County Supervisor Dennis Elverman (photo by Darren Hillock of West of the I).
Twin Lakes Chamber and Business Association hosts Scholarship Dinner
I had the privilege of attending the annual scholarship dinner hosted by the Twin Lakes Chamber and Business Association at Wilmot High School this week. This event recognizes the hard work and accomplishments achieved by outstanding seniors graduating from Wilmot High School. The buffet-style dinner was prepared by students participating in the school's Culinary Arts program. It was a very enjoyable evening and I offer my sincerest congratulations to the students who were honored this year by the Twin Lakes Chamber and Business Association: Kyle Severt, Brooke Dowden, Lexey Pfenninger, Megan Stoen, Kelly O'Neill, and Wally Graeber. I would also like to congratulate all of our area high school seniors who are graduating this year and wish them the very best in their future endeavors.
Rep. Kerkman is pictured with Wilmot High School seniors Kyle Severt, Brooke Dowden, Lexey Pfenninger, Megan Stoen, Kelly O'Neill, and Wally Graeber. They were all honored at the scholarship dinner recently hosted by the Twin Lakes Chamber and Business Association.
Racine County Economic Development Corporation Celebrates 28th Anniversary with Reception on May 24th
I am pleased to share that the Racine County Economic Development Corporation (RCEDC) has organized a reception to commemorate its 28th Anniversary Celebration, which will take place this Tuesday, May 24th from 4:30 - 6:00pm at the Racine Marriott. This event will provide attendees with the opportunity to network with Racine County business owners and Governor Scott Walker, who will deliver the opening remarks. Jeff Koser, a sales expert and Founder and CEO of Selling to Zebras will present the keynote address: "Economic Recovery: Are You Getting Your Share?" Last, but certainly not least, the event will also include a presentation of the Community Awards and a Growing$Green program announcement.
Please visit the RCEDC's website to learn more and to register for this event at www.racinecountyedc.org. The registration fee for the event is $25 and interested attendees may register up until the day of the event, though it is recommended to register sooner if possible. If you have any questions or concerns relating to the RCEDC 28th Anniversary Celebration, please contact Karen Frost at 262-898-7432 or at kfrost@racinecountyedc.org.
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