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ORD1985524ORDINA E 11524
AN ORDINANCE TO CREATE CHAPTER 27 OF THE
MUNICIPAL CODE OF THE CITY OF MUSKEG0
(Administrative Review)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO
k
ORDAIN AS FOLLOWS:
SECTION 1: Chapter 27 of the Municipal Code of the City of
Muskego, Wisconsin, is hereby created and made a part of the
Municipal Code as adopted by Ordinance 524.
Office of the City Clerk and open to public inspection for not
ordinance is hereby incorporated into the Municipal Code of the
less than two weeks prior to the date of this ordinance and said
City.
SECTION 2: A copy of said ordinance has been on file in the
SECTION 3: All ordinances or parts of ordinances
inconsistent with or contravening this ordinance are hereby
repealed.
SECTION 4: This ordinance sh 1 be in effect upon passage
and publication and on and after LiVlA , \q%<< *
PASSED AND APPROVED THIS a\&, QAY OF -aki, , 1985.
ATTEST :
Published on the [ L~ day of , 1985.
STATE OF WISCONSIN )
Milwaukee County )
) ss.
JrrriiR yzfl Eirn8Wiii being duly sworn,
doth depose and say that he is an authorized representative of
The .!uskeg.? .$-E . . ............
a newspaper published at .. Mu.s.k.e.q-? .............
Wisconsin and that an advertisement of which the annexed is a
true copy, laken from said paper. was published therein on
. .. .. p. 4;. /!&’.
....
......... .....
...... .......
.............
BOOKKEEPER,
Subscribed and sworn to before me this . . . day
of ...... 19 24’ ‘4- A& .....
ukee County Wisconsin
ORDINANCE NO. 524
AN ORDINANCE TO CREATE
CHAPTER 27 ADMINISTRATIVE REVIEW
IN THE CITY OF MUSKEG0
The Common Council of the City of Muskeqo, Waukesha County,
State of Wisconsin Do ORDAIN AS FOLLOWS:
SECTION 1. An Ordinance entitled CHAPTER 27, Adminis-
trative Review is hereby created for the Municipal Code of the
City of Muskeqo to read as follows:
I'
!
,
!
!
Q
27.01
27.02
27.03
27.04
27 -05
27.06
27.07
27 -00
27.09
27.10
27 .ll
27.12
27.13
CHAPTER 27
ADMINISTRATIVE REVIEW PROCEDURE
REVIEW OF ADMINISTRATIVE DETERMINATIONS
DETERMINATIONS REVIEWABLE
DETERMINATIONS NOT SUBJECT TO REVIEW
MUNICIPAL AUTHORITY DEFINED
PERSONS AGGRIEVED
REQUEST FOR REVIEW OF DETERMINATION
REDUCING DETERMINATION TO WRITING
REVIEW OF DETERMINATION
(1) Initial Determination
12) Who Shall-Make Review
(3) When to Make Review
(4) Right to Present Evidence and
(5) Decision on Review
Argument
ADMINISTRATIVE APPEAL
(1) From Initial Determination or
Decision on Review
(2) Time Within Which Appeal May be Taken
Under This Section
(3) How Appeal May be Taken
HEARING ON ADMINISTRATIVE APPEAL
(1) Time of Hearing
(2) Conduct of Hearing
(3) Record of Hearing
14) Hearino on Initial Determination
I " - l-
27.01 REVIEW OF ADMINISTRATIVE DETERMINATIONS. 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 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.
27.02 DETERMINATIONS REVIEWABLE. The following
determinations are reviewable under this Chapter:
(1) 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.
(2) The suspension, revocation or nonrenewal of an
except as provided in f27.03(4).
existing permit, license, right, privilege, or authority,
value under a statute or Ordinance prescribing conditions of
eligibility for such grant.
(3) The denial of a grant of money or other thing of
person except a municipal employee or officer, other than by a
court .
(4) The imposition of a penalty or sanction upon any
employee except as provided in §27.03(2) and (7 1.
(5) The suspension or removal of a City officer or
27.03 DETERMISATIONS NOT SUBJECT TO REVIEW. The
following determinations are not reviewable under this
Chapter:
(1) A legislative enactment. A legislative enactment is
an Ordinance, resolution or adopted motion of the Common
Council.
(2) Any action subject to administrative or judicial
review procedures under State statutes or other provisions of
this Code.
required to be filed with the City under 562.25, Wisconsin
(3) The denial of a tort or contract claim for money
Statutes.
(4) The grant, denial, suspension or revocation of a
fermented malt beverage license or intoxicating liquor license
under Chapter 125, Wisconsin Statutes.
(5 1 Judgments and orders of a court.
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(6 Determin
negotiations.
ations m lade during municipal labor
(7) Determinations subject to grievance, arbitration, or
other procedures provided in collective bargaining agreements.
27.04 MUNICIPAL AUTHORITY DEFINED. "Municipal
authority" includes the Common Council, board, commission,
committee, agency, officer, employee, or aaent of the City
making a determination under 527.01, and every person,
committee or agency of the City appointed to make an
independent review under §27.08(2).
27 -05 PERSONS AGGRIEVED. A person aggrieved
includes any individual, partnership, corporation,
association; public or private organizatibn; officer,
department, board, commission or agency of the City; whose
rights, duties or privileges are adversely affected by a
determination of a municipal authority. No department, board,
commission, agency, officer or employee of the City who is
aggrieved may 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.
27.06 REDUCING DETERMINATION TO WRITING. If a
determination subject to this Chapter is made orally or, if in
writing, does not-state the reasons therefor, the mhicipal
authority making such determination shall, upon written
within ten (10) days of notice of such determination, reduce
request of any person aggrieved by such determination made
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 right to have such determinati0.n
reviewed, that such review may be obtained within thirty (30)
days, and the office or person to whom a request for review
shall be addressed.
27.07 REQUEST FOR REVIEW OF DETERMINATION. Any
person aqqrieved may have a written or oral determination
reviewed-by written-request mailed or delivered to the
municipal authority which made such determination within
thirty (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 made the
determination but failure to make such request to the proper
party shall not preclude the person aggrieved from review
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-3-
unless such fai
authority.
DETERMINATION.
27.08
the determinati
determination.
lure has caused prejudice to the municipal
REVIEW OF DETERMINATION. (1) INITIAL
on to be reviewed shall be termed an initial
If a request for review is made under 527.07,
(2) 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
determication by another person, committee or agency of the
determination. However, an independent review of such
City, appointed by the City Chairperson, appointed by the
Common Council, without confirmation, shall be provided if
practicable.
(3) WHEN TO MAKE REVIEW. The municipal authority shall
review the initial determination within fifteen (15) days of
receipt of a request for review. The time for review may be
extended by agreement with the person aggrieved.
(4) RIGHT TO PRESENT EVIDENCE AND ARGUMENT. The person
aggrieved may file with his 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.
(5) 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
person aggrieved of his right to appeal the decision, that
the reasons for such decision. The decision shall advise the
appeal may be taken within thirty (30) days, and the office or
person with whom notice of appeal shall be filed.
27.09 ADMINISTRATIVE APPEAL. (1) FROM INITIAL
DETERMINATION OR DECISION ON REVIEW.
in compliance with 527.10 when the' initial determination was
made, he may elect to follow 5527.06 through 27.08, but is
not entitled to a further hearing under S27.10 unless granted
by the municipal authority. He may, however, seek judicial
review under 527.12.
(a) If the person aggrieved had a hearing substantially
determination
27.08 and may
under S27 .OB.
27.09(2)
THIS SECTION.
substantially in compliance with S27.10 when the initial
(b) If the person aggrieved did not have a hearing
1 was made, he shall follow 5S27.06 through
appeal under this Section from the decision made
(2)TIME WITHIN WHICH APPEAL MAY BE TAKEN UNDER
Appeal from a decision on review under S27.08
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0
* J
nay be taken within thirty (30) days of notice of such
decision.
(3) HOW APPEAL MAY BE TAKEN. An appeal under this
or person designated in the municipal authority's decision on
Section may be taken by filing with or mailing to the office
review, written notice of appeal.
27.10 HEARING ON ADMINISTRATIVE APPEAL. (1) TIME
OF HEARING. The City shall provide the appellant a hearing on
an appeal under 527.b9 within fifteen (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 ten (10)
days before such hearing. The office or person with whom a
Attorney, who shall forthwith advise the City Chairperson of
notice of appeal is filed shall immediately notify the City
such appeal.
(2) CONDUCT OF HEARING. At the hearing, the appellant
may present evidence and call and examine witnesses and cross-
and the municipal authority may be represented by counsel and
examine witnesses of the other party. Such witnesses shall be
sworn by the person conducting the hearing. The City
Chairperson shall appoint, without confirmation, an impartial
decision maker, who may be an officer, committee, board or
commission of the City, or the Common Council, who did not
who shall make the decision on administration appeal. The
participate in making or reviewing the initial determination,
decision maker may issue subpoenas. The hearing may, however,
commission designated by the City Chairperson to conduct the
be conducted by an impartial person, committee, board or
hearing and report to the decision maker.
(3) RECORD OF HEARING. The person conducting the
of the testimony and shall mark and preserve all exhibits.
hearing or a person employed for that purpose shall take notes
appellant shall, cause the proceedings to be taken by a
The person conducting the hearing may, and upon request of the
stenographer or by a recording device, the expense thereof to
be paid by the City.
(4) 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.
27.11 FINAL DETERMINATION. (1) Within twenty (20)
days of completion of the hearinq conducted under S27.10 and
the filing of briefs, if any, the decision maker shall mail or
deliver to the appellant its written determination stating the
reasons therefor. Such determination shall be a final
determination.
/
meeting the requirements of 527.10 or a decision on review
under 527.08 following such hearing shall be a final
determination, judicial review of which may be obtained under
527.12.
(2) A determination following a hearing substantially
27.12 JUDICIAL REVIEW. (1) Any party to a
proceedinq resultinq in a final determination may seek review
thereof by writ of ceriorari within thirty (30) days of
receipt of the final determination.
(2) The record of the proceedings shall be transcribed
at the expense of the person seeking review. A transcript
expense. If the person seeking review establishes
shall be supplied to anyone requesting the same at his
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.
27.13 LEGISLATIVE REVIEW. (1) 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.
(2) If in the course of legislative review under this
Section, a determination is modified, such modification and
any evidence adduced before the Common Council, board,
commission, committee or agency shall be made part of the
record on review under 527.12.
agency conducting a legislative review under this Section need
not conduct the type of hearing required under S27.10.
(3) The Common Council, board, commission, committee or
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SECTION 2, the several sections of this ordinance are
declared to be severable. If any section or portion thereof
shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable such
decision shall apply only to the specific section or portion
thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portions thereof
of the ordinance which shall remain in full force and effect.
Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those
terms that conflict.
SECTION 3. This Ordinance shall take effect immediately
upon passage and posting or publication as provided by law.
Passed and adopted this day of May 1985.
CITY OF MUSKEtjO
Wayne (7 G. Salentine, Mayor
ATTEST :
Charlotte L. Stewart, Clerk
~
Published and posted on the 6 day of June - , 1985.