[HISTORY: Adopted by the Common Council of the City of Waterloo 10-19-1987
by Ord. No. 87-6 as Ch. 6 of the 1987 Code. Amendments noted
where applicable.]
The purpose of this chapter is to afford a constitutionally sufficient,
fair and orderly administrative procedure and review in connection with determinations
by all City officers, employees, agents, agencies, committees,
boards and commissions which may involve constitutionally protected rights
of specific persons which are entitled to due process protection under the
14th Amendment to the United States Constitution. Chapter 68, Wis. Stats.,
relating to municipal administrative review procedure, shall be in full force
and effect in the City, except as to those provisions otherwise provided in
this chapter.
Upon the filing of a written request by any person aggrieved to review
an initial determination filed pursuant to the provisions of § 68.08,
Wis. Stats., all City officers, employees, agents, agencies, committees, boards
and commissions receiving such a request shall conduct administrative reviews
of their own determinations in accordance with § 68.09, Wis. Stats.
In addition, all such written requests shall be immediately referred to the
City Attorney.
The determinations reviewable under this chapter are as follows:
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 § 6-4 of this chapter.
C.
The denial of a grant of money or other thing of substantial
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 City employee or officer, other than by a court.
Except as provided in § 6-3 of this chapter, the following determinations are not reviewable under this chapter:
A.
A legislative enactment, which is an ordinance, resolution
or adopted motion of the Council.
B.
Any action subject to administrative or judicial review
procedures under statutes other than Ch. 68, Wis. Stats.
C.
The denial of a tort or contract claim for money, required
to be filed with the City pursuant to statutory procedures for the filing
of such claims.
D.
The suspension, removal or disciplining or nonrenewal
of a contract of a City employee or officer.
E.
The grant, denial, suspension or revocation of a fermented
malt beverage license or intoxicating liquor license under § 125.12(1),
(2) and (3), Wis. Stats.
F.
Judgments and orders of a court.
G.
Determinations made during City labor negotiations.
H.
Any action which is subject to administrative review
procedures as otherwise provided in this Code.
I.
Notwithstanding any other provision of this chapter,
any action or determination of a City 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.
B.
Powers and duties. The Administrative Review Appeals
Board shall have the duty and responsibility of hearing appeals from initial
determinations of administrative determinations or decisions of City officers,
employees, agents, agencies, committees, boards and commissions filed in accordance
with § 68.10, Wis. Stats. In conducting administrative review hearings
and making final decisions, the Board shall be governed by §§ 68.11
and 68.12, Wis. Stats.
The provisions of this chapter shall not be deemed to repeal or supersede
the provisions of any other section of this Code in conflict herewith or providing
other procedures for review of administrative determinations within the City
except when otherwise specifically provided in said sections.
