Any person aggrieved by an administrative determination of the
Village Board or a board, commission, committee, agency, officer or
employee of the Village or 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 a fermented
malt beverage or intoxicating liquor license.
B. The suspension, revocation or nonrenewal of an existing permit, license right, privilege or authority, except as provided in §
2-8-3E.
C. The denial of a grant of money or other thing of value under a statute
or ordinance prescribing condition 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.
E. The suspension or removal of a Village officer or employee except as provided in §
2-8-3B and H.
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 Village Board.
B. Any action subject to administrative or judicial review procedures
under state statutes or other provisions of this Code.
C. The denial of a tort or contract claim for money required to be filed
with the Village under § 893.80, Wis. Stats.
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 a fermented malt beverage
license under Chapter 125, Wis. Stats.
F. Judgments and orders of a court.
G. Determinations made during municipal labor negotiations.
H. Determinations subject to grievance, arbitration or other procedures
provided in collective bargaining agreements.
[Amended at time of adoption of Code (see Ch. 1-2, Adoption
of Code)]
"Municipal authority" includes the Village Board, and/or any board, commission, committee, agency, officer, employee or agent of the Village making a determination under §
2-8-8B.
A person aggrieved includes any individual, partnership, corporation,
association, public or private organization; officer, department,
board, commission or agencies of the Village whose rights, duties
or privileges are adversely affected by a determination of the municipal
authority. 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.
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 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/her 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.