The following procedure for appointing boards and commissions
shall govern the appointment of citizen members to any City board
or commission that does not otherwise have a specific procedure authorized
by statute or ordinance:
A. Board or commission input. The City Manager shall solicit comments
from the board or commission well in advance of a vacancy to help
determine membership qualifications beneficial in attaining its mission.
B. Public solicitation of applicants. The City Manager shall provide
the news media with the board's or commission's mission, the desired
membership qualifications and the application procedures at least
six to eight weeks in advance of the vacancy, thereby enabling the
media to advertise the impending vacancy and affording potential applicants
ample time in which to apply.
C. City Manager recommendation. The City Manager shall advance an appointee
recommendation to the City Council, accompanied by the application
forms of all the applicants for the position.
D. City Council vote. The City Council shall appoint the candidate for
appointment to a board or commission by a majority vote.
Pursuant to § 43.54, Wis. Stats., the City public
library shall be administered by a Library Board composed of nine
members: one Council member, an administrator for the School District
or his representative and seven citizen members appointed by the City
Manager with the approval of the City Council. Members shall be residents
of the City, except that not more than two members may be residents
of towns adjacent to the City and shall be exempt from the residency
requirements of this Code of Ordinances. Up to two additional members
may be appointed to the Library Board by Fond du Lac County pursuant
to § 43.60(3), Wis. Stats.
[Amended 4-26-2000 by Ord. No. 3006; 1-14-2009 by Ord. No. 3389]
A. The City Plan Commission shall have seven members and two alternate
members, pursuant to § 62.23(1), Wis. Stats. The membership
shall consist of one Council member elected by a majority vote of
the City Council, and six citizen members appointed by the City Manager
and confirmed by the City Council.
[Amended 1-11-2012 by Ord. No. 3484; 1-27-2021 by Ord. No. 3730]
B. The City Plan Commission each April shall choose a presiding officer
from among its members.
C. The City Plan Commission shall adopt rules for the holding and conducting
of its meetings. Regular meetings shall be held on the first Monday
after the second Wednesday of each month, except in December when
the regular meeting shall be held on the first Monday after the first
Wednesday.
[Added 6-10-2020 by Ord. No. 3715]
A. Legislative purpose. The City of Fond du Lac elects not to be governed
by any of the provisions of Wis. Stats. Ch. 68. This election is made
pursuant to the provisions of Wis. Stats. § 68.16. The purpose
of this section is to afford a constitutionally sufficient, fair and
orderly administrative procedure and review in connection with determinations
by City authorities which involve constitutionally protected rights
of specific persons which are entitled to due process protection under
the 14th Amendment to the U.S. Constitution, and for which appeal
procedures are not already created by other ordinances or statute.
There is no intention to create any new or additional rights to administrative
review beyond those already guaranteed by the Constitution.
B. Review of administrative determinations. A person aggrieved shall be defined as any person having a substantial interest which is adversely affected by an administrative determination of any official, agent, or employee acting on behalf of the City, as set forth in Subsection
C. A person aggrieved by such determination may have it reviewed by following the procedure set forth in Subsection
F.
C. Determinations reviewable. Except as limited by Subsection
D, the following determinations are reviewable under this section:
(1) The grant or denial in whole or in part after application of an initial permit, license, right, privilege, or authority except a license or permit issuable under Chapter
400, Intoxicating Liquors and Fermented Malt Beverages, or an adult entertainment license.
(2) The suspension, revocation or nonrenewal of an existing permit, license, right, privilege, or authority except a license or permit issuable under Chapter
400, Intoxicating Liquors and Fermented Malt Beverages.
(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.
D. Determinations not subject to review. The following determinations
are not reviewable under this section:
(1) Any action which is subject to review procedures provided by any
other ordinance, resolution, statute, or rule.
(2) A legislative enactment. A legislative enactment is an ordinance
or resolution adopted by the City Council.
(4) Suspension, removal, demotion, or discipline, or nonrenewal of a
contract of a City employee or officer.
(5) The grant, denial, suspension or revocation of a fermented malt beverage or intoxicating liquor license or other license or permit issuable under Chapter
400 of the Code.
(6) Determinations made or actions taken during labor negotiations.
(7) Decisions made by the City pursuant to its contracting, budgeting,
or employment authority.
(8) The grant, denial, renewal, nonrenewal, revocation or suspension
of an adult entertainment license.
(9) Notwithstanding any other provision of this section, any action or
determination which does not affect the constitutionally protected
right of a specific person or persons to due process of law in connection
with the action or determination.
(10)
Any action of a City governmental body, including boards, commissions
or committees, for which a method of direct review by the circuit
court is provided by ordinance. Such method of review may adopt the
procedures of Wis. Stats. § 68.13 by reference.
E. Administrative Appeals Board. The Administrative Appeals Board (AAB)
will consist of the City Manager, one City Departmental Director,
and one citizen, who shall be a resident of the City and shall not
be an elected official or City employee or currently serving on any
other City board or commission. There shall be two alternates (one
citizen, one director) appointed to the Administrative Appeals Board.
The alternate member may act with full power and authority when any
other member is absent, has a conflict or refuses to act. Terms of
office shall be three years. The City Manager shall serve as chairperson
of the Board. The AAB will adopt rules of procedure when it acts as
the AAB.
F. Procedure for review.
(1) Written determination. Any person aggrieved, as defined in Subsection
F(2), may request a written statement of reasons for a determination subject to the provisions of this section. Such request shall be in writing, and shall be filed within 30 days after the person receives notice of the determination. The request shall be filed with the City Clerk and the Clerk shall immediately forward it to the authority responsible by law for the decision. The requested written statement shall be approved by the responsible authority or officer, shall be dated, and shall be provided to the requester within 30 days. It shall also inform the requester of procedures to be followed in seeking review. The responsible authority or officer shall consider any revised application, or supplemental facts or argument supplied to him/her in writing, but is not required to provide an interview or hearing, although he/she is permitted to do so. Unless otherwise provided, the determination shall be in effect during the appeal process, if appeal is taken.
(2) Appeal from determination.
(a)
Notice of appeal. The written determination may be appealed
to the Administrative Appeals Board, if the person aggrieved files
a written notice of appeal within 30 days after he/she receives the
determination. Such notice shall be filed with the City Clerk. The
Board shall hold a hearing within 30 days after the notice is filed
with the Clerk. The appellant shall be notified at least 10 days before
the hearing.
(b)
Hearing. At the hearing, the appellant and the responsible City
official or authority may be represented by counsel, may present evidence,
and may call and examine witnesses and cross-examine witnesses of
the other party. The City Manager will act as the chair of the AAB
or may appoint another AAB member to act as Chair and shall conduct
the hearing, administer oaths to witnesses, and may issue subpoenas.
The rules of evidence provided in Wis. Stats. § 227.45 for
administrative proceedings shall be followed. City Clerk staff will
receive and mark all exhibits, and the staff will record all of the
proceedings on tape. If either of the parties requests a stenographic
recording, the staff shall make the necessary arrangements but the
expense shall be borne by the requesting party.
(c)
Decision. Within 30 days of the completion of the hearing and
the filing of briefs, if any, the Board will issue a written decision
stating the reasons therefor. The Board shall have power to affirm
or reverse the written determination, or to remand it to the agency
or authority with instructions for reconsideration. Such orders shall
be consistent with applicable law, and, except for remands, shall
be final determinations for the purpose of judicial review.
G. Judicial review.
(1) Any party to a proceeding resulting in a final determination hereunder
may seek review thereof by certiorari within 30 days of receipt of
the final determination. The court may affirm or reverse the final
determination, or remand to the decision maker for further proceedings
consistent with the court's decision.
(2) If review is sought of a final determination, 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 the
requester's expense. By stipulation, the court may order a synopsis
of the proceedings in lieu of a transcript. The court may otherwise
limit the requirement of a transcript.
[Added 2-22-2012 by Ord.
No. 3489]
A. Purpose.
The Downtown Architectural Review Board is created for the purpose
of fostering a strong, viable downtown as a commercial, civic, residential
and cultural center.
B. Membership.
The Downtown Architectural Review Board shall consist of five members
and two alternates appointed by the City Manager, with the approval
of the City Council, for terms of three years. The membership may
include up to two members who are property owners or representatives
of owners within the regulated area; such members may be nonresidents
of the City.
(1) The
first alternate shall act with full power when a member of the Board
refuses to vote because of interest or when a member is absent. The
second alternate shall act only when the first alternate refuses or
is absent or when more than one member of the Board refuses or is
absent.
(2) The
initial seven members shall have terms as follows: two members for
one year, three members for two years and two members for three years.
C. Organization;
authority; officers; minutes and records. Annually during the month
of May, the Board shall elect from its membership a Chairperson, Vice
Chairperson and Secretary. A majority of the Board membership shall
constitute a quorum for the transaction of business. Meetings of the
Board shall be open to the public, and all records shall be kept on
file with the City Clerk and open to inspection by the public at all
reasonable hours.