[Prior code § 24.01]
Any person aggrieved by an administrative determination of the
Village Board or a board, commission, committee, agency, official
or employee of the Village or an agent acting on its behalf may have
such determination reviewed as provided in this chapter. The remedies
under this chapter shall not be exclusive, but an election to proceed
hereunder shall be an election of remedies.
[Prior code § 24.02]
The following determinations are reviewable under this chapter:
A.
The grant or denial in whole or in part, after application, of an
initial permit, license, right, privilege, or authority, except a
fermented malt beverage or intoxicating liquor license;
B.
The suspension, revocation or nonrenewal of an existing permit, license,
right, privilege or authority, except as provided in Section 2.48.030(D);
C.
The denial of a grant of money or other thing of value under a statute
or ordinance prescribing conditions of eligibility for such grant;
D.
The imposition of a penalty or sanction upon any person except a
municipal employee or officer, other than by a court;
E.
The suspension or removal of a Village official or employee except
as provided in Section 2.48.030(B) and (G).
[Prior code § 24.03]
The following determinations are not reviewable under this chapter:
A.
Legislative Enactment. A legislative enactment is an ordinance, resolution
or adopted motion of the Village Board:
B.
Any action subject to administrative or judicial review procedures
under state statutes or other provisions of this code;
C.
The denial of a tort or contract claim for money required to be filed
with the Village under Section 62.25, Wis. Stats.;
D.
The grant, denial, suspension or revocation of a fermented malt beverage
license under Ch. 125, Subchapter III, Wis. Stats., or intoxicating
liquor license under Ch. 125, Subchapter II, Wis. Stats.;
E.
Judgments and orders of a court;
F.
Determinations made during municipal labor negotiations;
G.
Determinations subject to grievance, arbitration or other procedures
provided in collective bargaining agreements.
[Prior code § 24.04]
"Municipal authority" includes the Village Board, commission, committee, agency, official, employee or agent of the Village making a determination under Section 2.48.010, and every person, committee or agency of the Village authorized to make an independent review under Section 2.48.080(B).
[Prior code § 24.05]
A person aggrieved includes any individual, partnership, corporation,
association, public or private organization, and any official, department,
board, commission or agency of the Village, whose rights, duties,
or privileges are adversely affected by a determination of a municipal
authority. No department, board, commission, agency, official or employee
of the Village who is aggrieved may initiate review under this chapter
of a determination of any other department, board, commission, agency,
official or employee of the Village, but may respond or intervene
in a review proceeding under this chapter initiated by another.
[Prior code § 24.06]
If a determination subject to this chapter is made orally or,
if in writing, does not state the reasons therefor, the municipal
authority making such determination shall, upon written request of
any person aggrieved by such determination made within 10 days of
notice of such determination, reduce the determination and the reasons
therefor to writing and mail or deliver such determination and reasons
to the person making the request. The determination shall be dated
and shall advise such person of his or her right to have such determination
reviewed, shall advise that such review may be taken within 30 days
and shall name the office or person to whom a request for review shall
be addressed.
[Prior code § 24.07]
Any person aggrieved may have a written or oral determination
reviewed by written request mailed or delivered to the municipal authority
which made such determination within 30 days of notice to such person
of such determination. The request for review shall state the grounds
upon which the person aggrieved contends that the determination should
be modified or reversed. A request for review shall be made to the
official, employee, agent, agency, committee, board, commission, or
body who made the determination; but failure to make such request
to the proper party shall not preclude the person aggrieved from review
unless such failure has caused prejudice to the municipal authority.
[Prior code § 24.08]
A.
Initial Determination. If a request for review is made under Section 2.48.070, the determination to be reviewed shall be termed an initial determination.
B.
Who Shall Make Review. A review under this section may be made by
the official, employee, agent, agency, committee, board, commission,
or body who made the initial determination. However, an independent
review of such determination by another person, committee or agency
of the Village, appointed by the Village President, without confirmation,
shall be provided if practicable.
C.
When to Make Review. The municipal authority shall review the initial
determination within 15 days of receipt of a request for review. The
time for review may be extended by agreement with the person aggrieved.
D.
Right to Present Evidence and Argument. The person aggrieved may
file with his or her request for review or within the time agreed
with the municipal authority written evidence and argument in support
of his or her position with respect to the initial determination.
E.
Decision on Review. The municipal authority may affirm, reverse or
modify the initial determination and shall mail or deliver to the
person aggrieved a copy of the municipal authority's decision
on review, which shall state the reasons for such decision. The decision
shall advise the person aggrieved of his or her right to appeal the
decision, shall advise that the appeal may be taken within 30 days
and shall name the office or person with whom notice of appeal shall
be filed.
[Prior code § 24.09]
A.
From Initial Determination or Decision on Review.
1.
If the person aggrieved had a hearing substantially in compliance with Section 2.48.100 when the initial determination was made, he or she may elect to follow Sections 2.48.060 through 2.48.080 but is not entitled to a further hearing under Section 2.48.100 unless granted by the municipal authority. He or she may, however, seek judicial review under Section 2.48.120.
B.
Time Within Which Appeal May Be Taken Under This Section. Appeal from a decision on review under Section 2.48.080 may be taken within 30 days of notice of such decision.
C.
How Appeal May Be Taken. An appeal under this section may be taken
by filing with or mailing to the office or person designated in the
municipal authority's decision on review written notice of appeal.
[Prior code § 24.10]
A.
Time of Hearing. The Village shall provide the appellant a hearing on an appeal under Section 2.48.090 within 15 days of receipt of the notice of appeal and shall serve the appellant with notice of such hearing by mail or personal service at least 10 days before such hearing. The office or person with whom a notice of appeal is filed shall immediately notify the Village attorney, who shall forthwith advise the Village President of such appeal.
B.
Conduct of Hearing. At the hearing, the appellant and the municipal
authority may be represented by counsel and may present evidence and
call and examine witnesses and cross-examine witnesses of the other
party. Such witnesses shall be sworn by the person conducting the
hearing. The Village President shall appoint, without confirmation,
an impartial decision-maker, who may be an official, committee, board
or commission of the Village or the Village Board who did not participate
in making or reviewing the initial determination, who shall make the
decision on administrative appeal and who may issue subpoenas. The
hearing may, however, be conducted by an impartial person, committee,
board or commission designated by the Village President to conduct
the hearing and report to the decision-maker.
C.
Record of Hearing. The person conducting the hearing or a person
employed for the purpose of making a record of the hearing shall take
notes of the testimony and shall mark and preserve all exhibits. The
person conducting the hearing may, upon request of the appellant shall,
cause the proceedings to be taken by a stenographer or by a recording
device, the expense thereof to be paid by the Village.
D.
Hearing on Initial Determination. Where substantial existing rights
are affected by an initial determination, the municipal authority
making such determination shall, when practicable, give any person
directly affected an opportunity to be heard in accordance with this
section before making such determination.
[Prior code § 24.11]
[Prior code § 24.12]
A.
Any party to a proceeding resulting in a final determination may
seek review thereof by writ of certiorari within 30 days of receipt
of the final determination.
B.
The record of the proceeding shall be transcribed at the expense
of the person seeking review. A transcript shall be supplied to anyone
requesting the same at his or her expense. If the person seeking review
establishes impecuniousness to the satisfaction of the reviewing court,
the court may order the proceedings transcribed at the expense of
the Village; and the person seeking review shall be furnished a free
copy of the transcript. By stipulation, the court may order a synopsis
of the proceedings in lieu of a transcript. The court may otherwise
limit the requirement for a transcript.
[Prior code § 24.13]
A.
Seeking review pursuant to this chapter does not preclude a person
aggrieved from seeking relief from the Village Board or any of its
boards, commissions, committees or agencies which may have jurisdiction.
