[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as Title 4, Ch. 1, of the 2004
Code. Amendments noted where applicable.]
Any person aggrieved by an administrative determination of the
City Council or a board, commission, committee, agency, officer or
employee of the City of Amery 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 § 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.
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 City Council.
B.
Any
action subject to administrative or judicial review procedures under
state statute or other provisions of this Code.
C.
The
denial of a tort or contract claim for money required to be filed
with the City under § 62.25, Wis. Stats.
D.
The grant, denial, suspension or revocation of a fermented malt beverage or intoxicating liquor license under Ch. 125, Wis. Stats.
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 or the City's personnel rules and
regulations.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes the City Council or a board, commission, committee, agency, officer, employee, or agent of the City making a determination under § 5-1 and every person, committee, or agency of the City to make an independent review under § 5-8B.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Includes any individual, partnership, corporation, association,
public or private organization or officer, department, board, commission
or agency of the City 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 City 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 City 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/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.
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 § 5-7, the determination to be reviewed shall be termed an initial determination.
B.
Who
shall make review. A review under this section may 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 City, appointed by the Mayor without confirmation, shall 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/her 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
on 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/her 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 § 5-10 when the initial determination was made, he/she may elect to follow §§ 5-6 through 5-8, but is not entitled to a further hearing under § 5-10 unless granted by the municipal authority. He/she may, however, seek judicial review under § 5-12.
B.
Time within which appeal may be taken under this section. Appeal from a decision on review under § 5-8 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 City shall provide the appellant a hearing on an appeal under § 5-9 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 City Attorney and City Administrator/Clerk-Treasurer who shall forthwith advise the Mayor 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 Mayor shall appoint an impartial decision maker who may
be an officer, committee, board or commission of the City or the City
Council who did not participate in making or reviewing the initial
determination, who shall make the decision on administrative appeal.
The decision maker may issue subpoenas. The hearing may, however,
be conducted by an impartial person, committee, board or commission
designated by the Mayor to conduct the hearing and report to the decision
maker.
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 City.
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 proceedings 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
impecuniousness to the satisfaction of the reviewing court, the court
may order the proceedings transcribed at the expense of the City 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 a transcript. The court may otherwise limit the requirement
for a transcript.
A.
Seeking review pursuant to this chapter does not preclude a person
aggrieved from seeking relief from the City Council or any of its
boards, commissions, committees or agencies which may have jurisdiction.
