[HISTORY: Adopted by the Village Board of the Village of
Hales Corners as Ch. 1, Art. XII, of the Municipal Code. Amendments
noted where applicable.]
The Village of Hales Corners elects not to be governed by Ch.
68, Wis. Stats., in respect to any administrative determination by
the Village Board or any commission, committee, agency, officer or
employee of the Village or any agent acting on behalf of the Village
where, pursuant to an existing ordinance or an ordinance adopted after
the effective date of this chapter, a procedure is provided by said
ordinance for administrative review of the determination.
The Board of Appeals shall be the administrative review appeals
board for the Village of Hales Corners, which shall have the duty
and responsibility of hearing appeals from administrative determinations
or decisions of officers, employees, agents, agencies, committees,
boards and commissions of the Village filed in accordance with this
chapter, and making a final determination thereon.
The provisions of this chapter shall not be deemed to repeal
or supersede the provisions of any other ordinances in conflict herewith
or providing other procedures for review of administrative determinations
within the Village except when otherwise specifically provided in
said ordinances.
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 an alcohol
beverage license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
The suspension, revocation or nonrenewal of an existing permit, license, right, privilege, or authority, except as provided in § 5-5A(5) of this chapter.
C.
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.
D.
The
imposition of a penalty or sanction upon any person except a municipal
employee or officer, other than by a court.
A.
Except as provided in § 5-4 hereof, 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 Village Board of Trustees.
(2)
Any action subject to administrative or judicial review procedures
under Wisconsin Statutes.
(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 an alcohol beverage
license under § 125.12(1), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(6)
Judgments and orders of a court.
(7)
Determinations made during municipal labor negotiations.
(8)
Notwithstanding any other provision of this chapter, any action or
determination of a municipal 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.
B.
A department,
board, commission, agency, officer or employee of the Village who
is aggrieved may not initiate review under this chapter of a determination
of any other department, board, commission, agency, officer or employee
of the Village but may respond or intervene in a review proceeding
under this chapter initiated by another.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes the Village Board and any board, commission, committee, agency, officer, employee, or agent of the Village making a determination under § 5-2.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Includes any individual, partnership, corporation, association, and public or private organization whose rights, duties or privileges are adversely affected by a determination of a municipal authority. Personnel matters for Village employees shall be excluded from the provisions of this chapter in that provision is made therefor under Chapter 47, Ethics, Article I, Ethics Board.
A.
Time
within which to appeal. Such appeal shall be taken within 30 days
of the act or omission.
B.
Procedure
on appeal. The person aggrieved shall file with the officer from whom
the appeal is taken and with the Board of Appeals a written notice
of appeal, specifying the grounds thereof. The appellant shall annex
to the notice of appeal to the Board such exhibits which the appellant
considers of probative value in the determination of the appeal, together
with the name and address of the appellant. The officer from whom
the appeal is taken shall forthwith transmit to the Chairperson all
the papers constituting the record upon which the action appealed
from was taken. Failure to annex any exhibits to the appeal will not
preclude the appellant from introducing them at the hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Effect
of appeal. Upon the filing of notice of appeal, an appeal shall stay
all legal proceedings in the furtherance of the action appealed from,
unless the officer from whom the appeal is taken certifies to the
Board of Appeals after notice of appeal shall have been filed with
him that by reason of facts stated in a certificate a stay would,
in his opinion, cause imminent peril to life or property. In such
case, proceedings shall not be stayed otherwise than by a restraining
order, which may be granted by the Board of Appeals or by a court
of record on application, on notice to the officer from whom the appeal
is taken, and on due cause shown.
D.
Fixing
a hearing. Upon the filing of the notice of appeal, the Board of Appeals
shall fix a time and place for the hearing of the appeal or other
matter referred to it.
E.
Date
and notice of hearing. The hearing of the appeal shall be initiated
not less than 10 nor more than 30 days from the date of filing of
the notice of appeal. Notice of the hearing shall be given to all
interested parties at least seven days prior to the hearing by registered
letter addressed to their last known addresses. The appellant shall
receive with such notice a copy of these rules of the Board of Appeals.
In addition, for at least seven consecutive days prior to the date
of hearing, a notice shall be posted in the municipal building, stating
the time and date of hearing, together with a summary of the matters
to be considered. In the event the Board of Appeals determines that
parties other than those immediately concerned with the proceedings
will be affected, the Board may send additional notices in such manner
and to such persons as the Board shall see fit.
F.
Conduct
of the hearing. Upon the hearing, any party may appear in person or
by agent or by attorney. The Chairperson may administer oaths and
compel the attendance of witnesses. The Chairperson may issue subpoenas.
A majority of the Board of Appeals shall constitute a quorum. The
order or proceeding shall be as follows:
(1)
The appellant shall be heard. He shall state the facts of the case
and the grounds for his appeal. He shall file any exhibits which he
has not previously filed. He shall present his witnesses, if any.
He shall state his argument.
(2)
The administrative official shall be heard. He shall amend and correct
the statement of facts, if necessary. He shall file any exhibits which
he has not previously filed. He shall present his witnesses, if any.
He shall state the basis for his act or omission.
(3)
The appellant shall reply.
(4)
Anyone present shall be given opportunity to be heard.
(5)
Any member of the Board at any time may ask questions of any person
present. When a person becomes repetitious, or states matters which
are irrelevant, immaterial or incompetent, the Chairperson may limit
the discussion.
(6)
Record of hearing. The Chairperson, or a person designated by him,
shall take notes of the testimony and shall mark and preserve all
exhibits. The Chairperson may, and upon request of the appellant shall,
cause the proceedings to be taken by a recording device, the expense
thereof to be paid by the Village. If the appellant desires the proceedings
to be taken by a stenographer, the expense thereof shall be paid by
the appellant.
(7)
Adjournment of the hearing. For any reasonable cause after the start
of the hearing, the Board may adjourn the hearing to a day certain
which shall be not more than seven days from the date of the initial
hearing. Adjourned hearings thereafter shall be set on consecutive
days, excluding Saturdays, Sundays and legal holidays.
G.
Determinations
of the Board. Within 20 days after the conclusion of the hearing,
the Board must make its final determination. The concurring vote of
a majority of the members of the Board attending the hearing shall
be necessary in the final determination. The Board may reverse, affirm,
modify or remand the matter to the municipal authority from which
the appeal is made.
(1)
If there has been procedural error impairing the fairness of any
proceeding or correctness of the action, the Board must remand.
(2)
If there has been an error of law, the Board may reverse or modify
if law compels a particular action under a correct interpretation;
otherwise it must remand.
(3)
The Board may affirm, reverse or modify if substantial rights of
the appellant have been impaired as a result of a municipal action
being contrary to constitutional rights or privileges.
(4)
If the municipal action depends on any determined fact, the Board
may not substitute its judgment as to the weight of the evidence,
but must set aside and remand if not supported by substantial evidence
in the records.
(5)
If the municipal action was made beyond authority or inconsistent
with rule, policies or practices, the Board may reverse or remand
if deviation is not explained to the Board's satisfaction, but
the Board cannot substitute its judgment on an issue of discretion.
The determination of the Board shall be in writing and shall
be final. Upon rendition of its decision, sufficient copies thereof
shall be filed with the Village Clerk so that each member of the Village
Board, the affected municipal authority and the appellant shall receive
one such copy of every decision so rendered by the Board. If a determination
subject to this chapter does not state the reasons therefor, the Board
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.
A.
After
a party seeking review of a municipal administrative determination
has had an evidentiary hearing before an impartial hearing examiner
or decisionmaker, he or she may seek review in the Circuit Court by
writ of certiorari within 30 days of receipt of a final determination.
Except where the reviewing Court determines that the person seeking
the review is impecunious, the record of the proceeding shall be transcribed
at the expense of the person seeking the review. By stipulation, the
Court may order a synopsis of the proceedings in lieu of a transcript.
The Court may otherwise limit the requirement for a transcript.
B.
On
review by certiorari, the Court may affirm or reverse the final determination
or remand the matter to the decisionmaker for further proceedings.
