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
a fermented malt beverage or intoxicating liquor license or operators
license.
(B)
The suspension, revocation or non-renewal of an existing permit,
license, right, privilege or authority, except as provided in § 24.03(D).
(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 § 24.03(B) 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.
(D)
The grant, denial, suspension or revocation of a fermented malt
beverage license or intoxicating liquor license under the Wisconsin
Statutes or operators license.
(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.
(H)
Determinations made by the Somers Fire Commission.
"Municipal authority" includes the Village Board, commission, committee, agency, official, employee or agent of the Village making a determination under § 24.01, and every person, committee or agency of the Village authorized to make an independent review under § 24.08(B).
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. No department, board, commission, agency, official or employee
of the Village who is aggrieved may 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.
(A)
Initial Determination. If a request for review is made under § 24.07, 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 official, employee, agent, agency, committee, board, commission
or body who made the initial determination. However, an independent
review of such determination by another person, committee or agency
of the Village appointed by the Village President, 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 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 right to appeal the decision,
shall advise that the appeal may be taken within 30 days and shall
name the office or person with whom notice of appeals shall be filed.
(A)
From Initial Determination or Decision on Review.
(1)
If the person aggrieved had a hearing substantially in compliance with § 24.10 when the initial determination was made, he may elect to follow § 24.06 through § 24.08 but is not entitled to a further hearing under § 24.10 unless granted by the municipal authority. He may, however, seek judicial review under § 24.12.
(B)
Time Within Which Appeal May Be Taken Under This Section. Appeal from a decision on review under § 24.08 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 Town shall provide the appellant a hearing on an appeal under § 24.09 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 hearing shall be conducted by the Village Board who shall
make the decision on the administrative appeal and which may issue
subpoenas.
(C)
Record of Hearing. The person conducting the hearing or a person
employed for the purpose of making a record of the hearing 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 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 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 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 Village Board or any
of its boards, commissions, committees or agencies which may have
jurisdiction, subject to Roberts Rules of Order or such other procedural
rules as have been adopted by the Village Board.
