Any person aggrieved by an administrative determination
of the Common Council or a board, commission, committee, agency, official
or employee of the City 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.
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.
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 official or employee
except as provided in the Employee Handbook.
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 Common Council.
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 City under § 62.25, Wis. Stats.
D. The grant, denial, suspension or revocation of a fermented
malt beverage license or intoxicating liquor license under § 125.12(1),
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
"Municipal authority" includes the Common Council
and any board, commission, committee, agency, official, employee or
agent of the City making a determination and every person, committee
or agency of the City authorized to make an independent review.
A person aggrieved includes any individual,
partnership, corporation, association, public or private organization,
and any official, 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,
official or employee of the City who is aggrieved may not initiate
review under this chapter of a determination of any other department,
board, commission, agency, official 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 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.
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 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.