[HISTORY: Adopted by the Common Council of the City of Manawa 10-18-1993
as Title 4, Ch. 1 of the 1989 Code of Ordinances. Amendments noted where applicable.]
Any person aggrieved by an administrative determination of the Common
Council or a board, commission, committee, agency, officer or employee of
the city or agent acting on his, her or 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. (State law reference: W.S.A. s. 68.01)
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 § 7-3D.
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 Common 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 W.S.A. s. 62.25.
D.
The grant, denial, suspension or revocation of a fermented
malt beverage or intoxicating liquor license under W.S.A. Ch. 125.
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.
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(State law reference: W.S.A. s. 68.03)
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As used in this chapter, the following terms shall have the meanings
indicated:
A person aggrieved includes any individual, partnership, corporation,
association or 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 or which 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. (State law reference: W.S.A. ss. 68.01 and 68.06)
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 or her right to have such
determination reviewed, that such review may be obtained within 30 days and
the office or person to whom or to which a request for review shall be addressed.
(State law reference: W.S.A. s. 68.07)
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 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.
(State law reference: W.S.A. s. 68.08)
A.
Initial determination. If a request for review is made under § 7-7, 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 who or 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 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 or her request for review, or within the time agreed with
the municipal authority, written evidence and argument in support of his or
her 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 or her right to appeal the decision, that appeal
may be taken within 30 days and the office or person with whom or which notice
of appeal shall be filed.
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(State law reference: W.S.A. s. 68.09)
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A.
From initial determination or decision on review.
(1)
If the person aggrieved had a hearing substantially in compliance with § 7-10 when the initial determination was made, he or she may elect to follow §§ 7-6 through 7-8 but is not entitled to a further hearing under § 7-10 unless granted by the municipal authority. He or she may, however, seek judicial review under § 7-12.
B.
Time within which appeal may be taken under this section. Appeal from a decision on review under § 7-8 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.
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(State law reference: W.S.A. s. 68.10)
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A.
Time of hearing. The city shall provide the appellant a hearing on an appeal under § 7-9 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 or which a notice of appeal is filed shall immediately notify the City Attorney and 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 decisionmaker, who may be an officer, committee,
board or commission of the city or the Common Council who or which did not
participate in making or reviewing the initial determination, who or which
shall make the decision on administrative appeal. The decisionmaker 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 decisionmaker.
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.
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(State law reference: W.S.A. s. 68.11)
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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 or her 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.
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(State law reference: W.S.A. s. 68.13)
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A.
Seeking review pursuant to this chapter does not preclude
a person aggrieved from seeking relief from the Common Council or any of its
boards, commissions, committees or agencies which may have jurisdiction.
