Any person aggrieved by an administrative determination
of the City Council or a board, commission, committee, agency, officer
or employee of the City of Weyauwega 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.
E. The suspension or removal of a City officer except as provided in §
6-3B and
G.
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 City Council.
B. Any action subject to administrative or judicial review
procedures under state statute or other provisions of this Code.
C. The denial of a tort or contract claim for money required
to be filed with the City under § 62.25, Wis. Stats.
D. The grant, denial, suspension or revocation of a fermented
malt beverage 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 or the
City's personnel rules and regulations.
As used in this chapter, the following terms
shall have the meanings indicated:
MUNICIPAL AUTHORITY
Includes the City Council, commission, committee, agency, officer, employee, or agent of the City making a determination under §
6-1 and every person, committee, or agency of the City to make an independent review under §
6-8B.
PERSON AGGRIEVED
Includes any individual, partnership, corporation, association,
public or private organization, officer, department, board, commission
or agency of the City whose rights, duties or privileges are adversely
affected by a determination of a municipal authority.
A department, board, commission, agency, officer
or employee of the City who or which is aggrieved may not initiate
review under this chapter of a determination of any other department,
board, commission, agency, officer or employee of the City 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/her right to have such
determination reviewed, that such review may be obtained within 30
days, and the office or person to whom or to which 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 or which 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.