Any person aggrieved by an administrative determination of the
Village Board or a board, commission, committee, agency, official
or employee of the Village 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.
[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 §
5-3D.
C. The
denial of a grant of money or other thing of 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.
E. The suspension or removal of a Village official or employee except as provided in §
5-3B and
G.
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 § 62.25, Wis. Stats.
D. 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)]
E. Judgments
and orders of a court.
F. Determinations
made during municipal labor negotiations.
G. Determinations
subject to grievance, arbitration or other procedures provided in
collective bargaining agreements.
As used in this chapter, the following terms shall have the
meanings indicated:
MUNICIPAL AUTHORITY
Includes the Village Board and any board, commission, committee, agency, official, employee or agent of the Village making a determination under §
5-1, and every person, committee or agency of the Village authorized to make an independent review under §
5-8B.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A person aggrieved includes any individual, partnership, corporation,
association, public or private organization, and any official, 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, official 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, official 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 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, shall advise that such review may be taken within 30 days
and shall name 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
official, employee, agent, agency, committee, board, commission or
body who 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.