Any person aggrieved by an administrative determination of the Common
Council or a board, commission, committee, agency, official or employee of
the City 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 as provided in §
4-3D.
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 City official or employee except as provided in §
4-3B 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 Common Council.
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 City under § 62.25, Wis. Stats.
D. The grant, denial, suspension or revocation of an alcohol
beverage license under § 125.12(1), 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.
"Municipal authority" includes the Common Council, commission, committee, agency, official, employee or agent of the City making a determination under §
4-1 and every person, committee or agency of the City authorized to make an independent review under §
4-8B.
A person aggrieved includes any individual, partnership, corporation,
association, public or private organization, and any official, 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, official 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, official 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 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 which or 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 or 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.