The purpose of this chapter is to afford a constitutionally
sufficient, fair and orderly administrative procedure and review in
connection with determinations by all City officers, employees, agents,
agencies, committees, boards and commissions which may involve constitutionally
protected rights of specific persons which are entitled to due process
protection under the 14th Amendment to the U.S. Constitution. W.S.A.
Ch. 68, relating to municipal administrative review procedure shall
be in full force and effect in the City, except as to those provisions
otherwise provided in this chapter.
Upon the filing of a written request by any person aggrieved
to review an initial determination filed pursuant to the provisions
of W.S.A. s. 68.08, all City officers, employees, agents, agencies,
committees, boards and commissions receiving such a request shall
conduct administrative reviews of their own determinations in accordance
with W.S.A. s. 68.09. In addition, all such written requests shall
be immediately referred to the City Attorney.
The following determinations are reviewable under this chapter:
(1)
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.
(2)
The suspension, revocation or nonrenewal of an existing permit, license, right, privilege or authority, except as provided in §
17.04 of this chapter.
(3)
The denial of a grant of money or other thing of substantial
value under a statute or ordinance prescribing conditions of eligibility
for such grant.
(4)
The imposition of a penalty or sanction upon any person except
a City employee or officer, other than by a court.
Except as provided in §
17.03 of this chapter, the following determinations are not reviewable under this chapter:
(1)
A legislative enactment. A legislative enactment is an ordinance,
resolution or adopted motion of the Council.
(2)
Any action subject to administrative or judicial review procedures
under statutes other than W.S.A. Ch. 68.
(3)
The denial of a tort or contract claim for money, required to
be filed with the City pursuant to statutory procedures for the filing
of such claims.
(4)
The suspension, removal or disciplining or nonrenewal of a contract
of a City employee or officer.
(5)
The grant, denial, suspension or revocation of a fermented malt
beverage license under W.S.A. s. 125.12 or intoxicating liquor license
under W.S.A. s. 125.12.
[Amended 9-8-1999 by Ord.
No. 1419]
(6)
Judgments and orders of a court.
(7)
Determinations made during City labor negotiations.
(8)
Any action which is subject to administrative review procedures
as otherwise provided in this Code.
(9)
Notwithstanding any other provision of this chapter, any action
or determination of a City authority which does not involve the constitutionally
protected right of a specific person or persons to due process in
connection with the action or determination.
[Amended 9-8-1999 by Ord.
No. 1419]
(1)
Members. The Administrative Review Appeals Board shall consist
of the Council President, who shall be its presiding officer; an Alderman;
a citizen; and one alternate member who shall serve only when a member
of the Board is absent or refuses to serve because of an interest
in the subject matter of the appeal. The Alderman, citizen member
and alternate shall be appointed in odd-numbered years by the Mayor
subject to confirmation by the Council for three-year terms commencing
on the third Tuesday of April.
(2)
Powers and duties. The Board shall have the duty and responsibility
of hearing appeals from initial administrative determinations or decisions
of City officers, employees, agents, agencies, committees, boards
and commissions filed in accordance with W.S.A. s. 68.10. In conducting
administrative review hearings and making final decisions, the Board
shall be governed by W.S.A. ss. 68.11 and 68.12.
The provisions of this chapter shall not be deemed to repeal
or supersede the provisions of any other section of this Code in conflict
herewith or providing other procedures for review of administrative
determinations within the City except when otherwise specifically
provided in said sections.