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Type:
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Board, Committee or Commission
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Meeting location:
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City Hall, Room 128
7525 W. Greenfield Ave.
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2.48 Administrative Review Board
Legislative Intent. In order to insure fair play and due process in the administration of the affairs, ordinances, resolutions and bylaws of the City, the Common Council hereby declares that the provisions of Chapter 68 of the Wisconsin Statutes, relating to municipal administration review procedure, shall be in full force and effect in the City, except as otherwise provided herein.
Reviewable Determination. The following determinations are reviewable under this section:
The grant or denial in whole or in part after application of an initial permit, license, right, privilege, or authority, except an alcohol beverage license.
The suspension, revocation or nonrenewal of an existing permit, license, right, privilege, or authority, except the grant, denial, suspension or revocation of an alcohol beverage license under Wis. Stat. 125.12(1).
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.
The imposition of a penalty or a sanction upon any person except a municipal employee or officer, other than by a court.
Determinations not subject to review. Except as provided in section 2.48(2), the following determinations are not reviewable:
A legislative enactment of the Common Council. A legislative enactment is an ordinance, resolution, formal written policy or adopted motion of the Common Council.
Any action subject to administrative or judicial review procedures under statutes other than those set forth in Chapter 68 of the Wisconsin Statutes or other ordinances of the City.
The denial of a tort contract, or other claim for money, required to be filed with the City pursuant to statutory procedures for the filing of such claims.
The suspension, removal or disciplining or nonrenewal of a contract of a municipal employee or officer.
The grant, denial, suspension of an alcohol beverage license or permit under Wis. Stat. 125.12(1).
Judgments and orders of courts.
Determinations made during labor negotiations.
Any action or determination which is subject to administrative review procedures under any other ordinance providing different administrative procedures.
Notwithstanding any other provision of this section, or Chapter 68 of the Wisconsin Statutes, any other action or determination of the City or any officer, employee, agent, agency, committee, board, or commission of the City which does not involve the constitutionally protected right of a specified person or persons to due process in connection with the action or determination.
Initial Determinations. Where applicable, all officers, employees, agents, agencies, Committees, Boards and Commissions of the City shall comply with the requirements of Chapter 68 of the Wisconsin Statutes, and shall conduct initial administrative reviews of their own determinations, in accordance with section 68.09 of the Wisconsin Statutes, upon filing of a proper written request therefor.
Administrative Appeals; How Taken.
Administrative appeals under section 68.10 of the Wisconsin Statutes, except as modified by ordinance pursuant of section 68.16 of the Wisconsin Statutes, shall be filed in writing with the City Clerk. The Clerk, upon receipt of a duly filed appeal, together with the fee set forth in subsection (b), shall set a date for hearing thereon. The Clerk shall attempt to schedule a date for hearing within 15 days of receipt of the notice of appeal. If the Administrative Appeals Review Board and the appellant cannot agree upon a date, the Clerk shall then select a date for hearing within 30 days of receipt of the notice of appeal. The hearing date may be adjourned upon mutual agreement of the appellant and the Administrative Appeals Review Board. The Clerk shall serve the appellant with notice of such hearing at least three (3) days before such hearing and shall forward the notice of appeal, date for hearing, and the record of proceedings theretofore had in the matter, if any, to the Administrative Appeals Review Board.
The fee for filing an administrative appeal shall be fifty dollars ($50) and shall be paid at the time of filing. An appeal shall not be considered filed until the fee is paid and the time to schedule a hearing under subsection (a) shall not commence until the fee is paid.
Administrative Appeals Review Board.
There is hereby created for the City an Administrative Appeals Review Board consisting of three (3) members, which shall have the duty and responsibility of hearing appeals from the initial administrative determinations or decisions of officers, employees, agents, agencies, Committees, Boards and Commissions of the City filed, in accordance with section 68.10 of the Wisconsin Statutes and the provisions of this section, and making a final determination thereon.
In conducting administrative review hearings and making final decisions, the Board shall be governed by the provisions of sections 68.11 and 68.12 of the Wisconsin Statutes.
The Administrative Appeals Review Board shall consist of the Mayor, one Alderman and one citizen. The Alderman member shall be designated annually by the Mayor at the first meeting of the Common Council in June of each year and shall be subject to confirmation by the Common Council. The citizen member shall be appointed by the Mayor, subject to confirmation of the Common Council, for a two-year term commencing on July 1 of even numbered years. The Mayor shall serve as Chairman of the Board. The Mayor may appoint, subject to confirmation, for a two-year term, one alternate member who shall act with full power only when a member of the Board is absent or refuses to serve because of interest in the subject matter of the appeal. The Board may adopt rules for conduct of hearing, not in conflict or inconsistent with the provisions of section 68.11 of the Wisconsin Statutes.
Common Council Reviews. Notwithstanding any of the provisions of this section, when a request is made for review of an administrative decision of the Common Council, said review shall be conducted by the Common Council. The hearing procedure set forth in section 68.11 of the Wisconsin Statutes shall be followed except that the Common Council shall hear the matter. The review of the determination shall be the "final determination," as provided in section 68.12 of the Wisconsin Statutes, and there shall be no further administrative review. Requests made under this subsection shall be filed with the City Clerk within the time period set forth in section 68.10(2) of the Wisconsin Statutes. Appeals of a final determination shall be filed with the City Clerk within the time prescribed in section 68.13(1) of the Wisconsin Statutes.
Alternative Procedures. The provisions of this ordinance shall not be deemed to repeal or supersede the provisions of any other ordinances in conflict herewith or providing other procedures for review of administrative determinations within the City, except when otherwise specifically provided in said ordinances.
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