[HISTORY: Adopted by the Village Board of the Village of
Fox Crossing 7-13-2020 by Ord.
No. 200713-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter derives from Ch. 20 of the former
Municipal Code.
Any person aggrieved by an administrative determination of a
board, commission, committee, agency, officer or employee of the Village
of Fox Crossing, 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 an alcohol
beverage license.
B.
The
suspension, revocation or nonrenewal of an existing permit, license,
right, privilege, or authority, except the suspension or revocation
of alcohol beverage licenses, which are subject to other statutory
procedures.
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.
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 governing body of the Village
of Fox Crossing.
B.
Any
action subject to administrative or judicial review procedures under
other statutes or ordinances.
C.
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.
D.
The
suspension, removal or disciplining, or nonrenewal of a contract of
a municipal employee or officer.
E.
The
grant, denial, suspension or revocation of an alcohol beverage license
under § 125.12(1), Wis. Stats. Nonrenewal of such a license
is subject to this chapter.
F.
Judgments
and orders of a court.
G.
Determinations
made during municipal labor negotiations.
H.
Any
action which is subject to administrative review procedures under
any other Village ordinance providing such procedures and ensuring
fair play and due process.
I.
Any
action or determination of the Village which does not involve the
constitutionally protected right of a specific person or persons to
due process in connection with said action or determination.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes the Village governing board, all other boards of
the Village of Fox Crossing, commissions, committees, officers, employees
and agents.
Includes any individual, partnership, corporation, association,
public or private organization, officer, department, board, commission
or agency of the Village whose rights, duties or privileges are adversely
affected by a determination of a municipal authority.
A department, board, commission, agency, officer or employee
of the Village of Fox Crossing 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 of Fox Crossing
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, that such review may be obtained within 30 days, and 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
officer, employee, agent, agency, committee, board, commission or
body 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.
A.
Initial determination. If a request for review is made under § 8-7, the determination to be reviewed shall be termed an "initial determination."
B.
Who
shall make review. A review under this section shall be made by the
officer, employee, agent, agency, committee, board, commission or
body which made the initial determination. However, an independent
review of such determination by another person, committee or agency
of the Village of Fox Crossing, appointed by the Village President
without confirmation, may be provided if practicable.
C.
When
to make review. The municipal authority shall review the initial determination
within 15 days of receipt of a request for review. The time for review
may be extended by agreement with the person aggrieved.
D.
Right
to present evidence and argument. The person aggrieved may file with
his request for review or, within the time agreed with the municipal
authority, written evidence and argument in support of his position
with respect to the initial determination.
E.
Decision
of review. The municipal authority may affirm, reverse or modify the
initial determination and shall mail or deliver to the person aggrieved
a copy of the municipal authority's decision on review, which shall
state the reasons for such decision. The decision shall advise the
person aggrieved of his right to appeal the decision, that appeal
may be taken within 30 days, and the office or person with whom notice
of appeal shall be filed.
A.
From
initial determination or decision on review.
(1)
If the person aggrieved had a hearing substantially in compliance with § 8-10 when the initial determination was made, he may elect to follow §§ 8-6 through 8-8, but he is not entitled to a further hearing under § 8-10 unless granted by the municipal authority. He may, however, seek judicial review under § 8-12.
B.
Time within which appeal may be taken under this section. Appeal from a decision on review under § 8-8 may be taken within 30 days of notice of such decision.
C.
How
appeal may be taken. An appeal under this section may be taken by
filing with or mailing, to the office or person designated in the
municipal authority's decision on review, written notice of appeal.
A.
Time of hearing. The Village shall provide the appellant a hearing on an appeal under § 8-9 within 15 days of receipt of the notice of appeal and shall serve the appellant with notice of such hearing by mail or personal service at least 10 days before such hearing. The office or person with whom a notice of appeal is filed shall immediately notify the Village Attorney, who shall forthwith advise the Village President of such appeal.
B.
Conduct of hearing. At the hearing, the appellant and the municipal
authority may be represented by counsel and may present evidence and
call and examine witnesses and cross-examine witnesses of the other
party. Such witnesses shall be sworn by the person conducting the
hearing. The Village President shall appoint, without confirmation,
an impartial decisionmaker, who may be an officer, committee, board
or commission of the Village or the Village Board who did not participate
in making or reviewing the initial determination, who shall make the
decision on administrative appeal. The decisionmaker may issue subpoenas.
The hearing may, however, be conducted by an impartial person, committee,
board or commission designated by the Village President to conduct
the hearing and report to the decisionmaker.
C.
Record of hearing. The person conducting the hearing or a person
employed for that purpose shall take notes of the testimony and shall
mark and preserve all exhibits. The person conducting the hearing
may, and upon request of the appellant shall, cause the proceedings
to be taken by a stenographer or by a recording device, the expense
thereof to be paid by the Village.
D.
Hearing on initial determination. Where substantial existing rights
are affected by an initial determination, the municipal authority
making such determination shall, when practicable, give any person
directly affected an opportunity to be heard in accordance with this
section before making such determination.
A.
Any party to a proceeding resulting in a final determination may
seek review thereof by writ of certiorari within 30 days of receipt
of the final determination.
B.
The record of the proceeding shall be transcribed at the expense
of the person seeking review. A transcript shall be supplied to anyone
requesting the same at his expense. If the person seeking review establishes
indigence to the satisfaction of the reviewing court, the court may
order the proceedings transcribed at the expense of the Village and
the person seeking review shall be furnished a free copy of the transcript.
By stipulation, the court may order a synopsis of the proceedings
in lieu of transcript. The court may otherwise limit the requirement
for a transcript.
C.
The Village Board may, and on request of the appellant shall, cause
the proceedings to be taken by a stenographer or by a recording device,
the expense thereof to be paid by the Village.
D.
Hearing on initial determinations. Where substantial existing rights
are affected by an initial determination, the municipal authority
making such determination shall, when practicable, give any person
directly affected an opportunity to be heard in accordance with this
section before making such determination.
Attached hereto, for the convenience of the persons and parties,
are model forms.[1] All requests for administrative determination, requests
for review of initial administrative determination, notices, etc.,
shall be in substantial compliance with said forms.
[1]
Editor's Note: Current forms are available at the Village
Clerk's office.
