[HISTORY: Adopted by the Board of Trustees of the Village
of Wild Rose. Amendments noted where applicable.]
Any person aggrieved by an administrative determination of the
Village Board or a board, commission, committee, agency, officer or
employee of the Village 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.
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 § 2-8-3E.
C.
The denial of a grant of money or other thing of value under a statute
or ordinance prescribing condition 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 under § 893.80, Wis. Stats.
D.
The suspension, removal or disciplining or nonrenewal of a contract
of a municipal employee or officer.
E.
The grant, denial, suspension or revocation of a fermented malt beverage
license under Chapter 125, Wis. Stats.
F.
Judgments and orders of a court.
G.
Determinations made during municipal labor negotiations.
H.
Determinations subject to grievance, arbitration or other procedures
provided in collective bargaining agreements.
[Amended at time of adoption of Code (see Ch. 1-2, Adoption
of Code)]
"Municipal authority" includes the Village Board, and/or any board, commission, committee, agency, officer, employee or agent of the Village making a determination under § 2-8-8B.
A person aggrieved includes any individual, partnership, corporation,
association, public or private organization; officer, department,
board, commission or agencies of the Village whose rights, duties
or privileges are adversely affected by a determination of the municipal
authority. A department, board, commission, agency, officer or employee
of the Village who is aggrieved may not initiate review under this
chapter of a determination of any other department, board, commission,
agency, officer 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 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 a request for review shall be addressed.
A.
Initial determination. If a request for review is made under § 2-8-6, the determination to be reviewed shall be termed an initial determination.
[Amended at time of adoption of Code (see Ch. 1-2, Adoption
of Code)]
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 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/her request for review, or within the time agreed with
the municipal authority, written evidence and argument in support
of his/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/her right to appeal the decision,
the time period in which an appeal must be made (within 30 days),
and the office or person 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 § 2-8-10 when the initial determination was made, he/she may elect to follow §§ 2-8-6 through 2-8-8, but is not entitled to a further hearing under § 2-8-10 unless granted by the municipal authority. He/she may, however, seek judicial review under § 2-8-12.
B.
Time within which appeal may be taken under this section. Appeal from a decision on review under § 2-8-8 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 § 2-8-9 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 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. Witnesses shall be sworn in by the person conducting the hearing.
The Village President shall appoint, without confirmation, an impartial
decisionmaker who shall make the decision on administrative appeal.
The individual appointed to this duty may be an officer, committee/board
member, or Commissioner of the Village or the Village Board who did
not participate in making or reviewing the initial determination.
The decisionmaker 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 the person
employed for that purpose should take notes of the testimony and mark
and preserve all exhibits. The person conducting the hearing may,
upon request of the appellant, direct that 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 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/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 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 that may have jurisdiction.
