The purpose of this chapter is to afford a constitutionally
sufficient, fair and orderly administrative procedure and review in
connection with determinations by all Village 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.
Chapter 68, Wis. Stats., relating to municipal administrative review
procedure, shall be in full force and effect in the Village, 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 § 68.08, Wis. Stats., all Village officers, employees,
agents, agencies, committees, boards and commissions receiving such
a request shall conduct administrative reviews of their own determinations
in accordance with § 68.09, Wis. Stats. In addition, all
such written requests shall be immediately referred to the Village
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 sec. 6.04 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
Village employee or officer, other than a court.
Except as provided in sec. 6.03 of this chapter, the following
determinations are not reviewable under this chapter:
(1) A legislative enactment, which is an ordinance, resolution or adopted
motion of the Village Board.
(2) Any action subject to administrative or judicial review procedures
under statutes other than Ch. 68, Wis. Stats.
(3) The denial of a tort or contract claim for money, required to be
filed with the Village pursuant to statutory procedures for the filing
of such claims.
(4) The suspension, removal or disciplining or nonrenewal of a contract
of a Village employee or officer.
(5) The grant, denial, suspension or revocation of a fermented malt beverage
license or intoxicating liquor license under § 125.12(1),
(2) and (3), Wis. Stats.
(6) Judgments and orders of a court.
(7) Determinations made during Village 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 Village 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.
See sec. 1.03(10) of this Code.
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 Village except when otherwise specifically
provided in said sections.