[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie 5-2-1988 as Ch. 24 of the 1988 Code. Amendments noted where applicable.]
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.
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 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 pursuant to statutory procedures for
the filing of such claims.
[Amended 4-18-2005 by Ord. No. 05-13]
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.
H.
Notwithstanding any other provision of this chapter,
any action or determination of a municipal authority which does not
involve the constitutionally protected right of a specific person
or persons to due process in connection with the action or determination.
[Added 4-18-2005 by Ord. No. 05-13]
"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 or which 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 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.
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 official, employee, agent, agency, committee, board,
commission or body who or which 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 which or 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 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 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 Village 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 which or 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 Village President shall appoint,
without confirmation, an impartial decisionmaker, who may be an official,
committee, board or commission of the Village or the Village Board
who or which did not participate in making or reviewing the initial
determination, who or which shall make the decision on administrative
appeal and who or which may issue subpoenas. The hearing may, however,
be conducted by an impartial person, committee, board or commission
designated by the Village President to conduct the hearing and report
to the decisionmaker.
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 make 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.
