[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 4, Ch. 1
of the 2001 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 Weyauwega 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.Â
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.Â
The suspension, revocation or nonrenewal of an existing permit, license, right, privilege or authority, except as provided in § 6-3D.
C.Â
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.Â
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.Â
A legislative enactment. A legislative enactment is
an ordinance, resolution or adopted motion of the City Council.
B.Â
Any action subject to administrative or judicial review
procedures under state statute or other provisions of this Code.
C.Â
The denial of a tort or contract claim for money required
to be filed with the City under § 62.25, Wis. Stats.
D.Â
The grant, denial, suspension or revocation of a fermented
malt beverage or intoxicating liquor license under Ch. 125, Wis. Stats.
E.Â
Judgments and orders of a court.
F.Â
Determinations made during municipal labor negotiations.
G.Â
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 any individual, partnership, corporation, association,
public or private organization, 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.
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 or to which 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 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.Â
Initial determination. If a request for review is made under § 6-7, the determination to be reviewed shall be termed an initial determination.
B.Â
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.Â
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.Â
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.Â
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 or with which notice of appeal shall be filed.
A.Â
From initial determination or decision on review.
(1)Â
If the person aggrieved had a hearing substantially in compliance with § 6-10 when the initial determination was made, he/she may elect to follow §§ 6-6 through 6-8 but is not entitled to a further hearing under § 6-10 unless granted by the municipal authority. He/she may, however, seek judicial review under § 6-12.
B.Â
Time within which appeal may be taken under this section. Appeal from a decision on review under § 6-8 may be taken within 30 days of notice of such decision.
C.Â
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.Â
Time of hearing. The City shall provide the appellant a hearing on an appeal under § 6-9 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 with which a notice of appeal is filed shall immediately notify the City Attorney and City Administrator who shall forthwith advise the Mayor of such appeal.
B.Â
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 or which 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.Â
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.Â
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.Â
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.Â
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/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.
A.Â
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.