[HISTORY: Adopted by the Village Board of
the Village of Cambria 3-7-1988 as Title 2, Ch. 8 of the 1988 Code.
Amendments noted where applicable.]
Any person aggrieved by an administrative determination
of the Village Board or a board, commission, committee, agency, officer
or employee of the Village or 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.
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 § 6-3D.
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.
The following determinations are not reviewable
under this chapter:
A.
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 § 62.25, Wis. Stats.
D.
The grant, denial, suspension or revocation of a fermented
malt beverage license or intoxicating liquor license under Ch. 125,
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.
A "person aggrieved" includes any individual,
partnership, corporation, association, public or private organization,
officer, 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,
officer or employee of the Village who is aggrieved may initiate review
under this chapter of a determination of any other department, board,
commission, agency, officer or employee of the Village, but may respond
or intervene in a review proceeding under this chapter initiated by
another.
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 right to have such determination
reviewed, that such review may be obtained within 30 days, and the
office or person to whom a request for review shall be addressed.
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 officer, 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.
A.
Initial determination. If a request for review is made under § 6-7, 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 officer, 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 request for review or within the time
agreed with the municipal authority written evidence and argument
in support of his 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 right to appeal the decision,
that an appeal may be taken within 30 days, and the office or person
with whom notice of appeal shall be filed.
A.
Appeal from initial determination or decision on review.
(1)
If the person aggrieved had a hearing substantially in compliance with § 6-10 when the initial determination was made, he may elect to follow §§ 6-6 through 6-8, but is not entitled to a further hearing under § 6-10 unless granted by the municipal authority. He may, however, seek judicial review under § 6-12.
B.
Time within which appeal may be taken under this section. Appeal from a decision on review under § 6-8 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 a written notice of
appeal.
A.
Time of hearing. The Village shall provide the appellant a hearing on an appeal under § 6-9 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 decisionmaker, who may be an officer,
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. The decisionmaker
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 decisionmaker.
C.
Record of hearing. The person conducting the hearing
or a person employed for that purpose shall take notes of the testimony
and shall mark and preserve all exhibits. The person conducting the
hearing may, and 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.
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 proceedings shall be transcribed
at the expense of the person seeking review. A transcript shall be
supplied to anyone requesting the same at his 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.
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.
