Number
061342
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to procedures in matters involving the renewal, non-renewal, suspension or revocation of a public passenger vehicle driver’s license.
Sections
100-54-7-f-2 rc
100-54-7-f-3 rc
100-54-7-f-4 rc
Analysis
This ordinance clarifies common council procedures for consideration of the reports and recommendations of the licensing committee in matters involving renewal, non-renewal, suspension or revocation of public passenger vehicle driver’s licenses.
The ordinance requires that responses to the report and recommendations of the licensing committee be in writing and be filed with the city clerk by the close of business on a day that is at least 3 days prior to the date set for a hearing by the common council excluding Saturdays, Sundays and holidays. Oral argument before the common council is only permitted to a licensee or objector who has complied with the filing requirement.
The ordinance further clarifies those circumstances in which a party who objects to license renewal or files a sworn complaint seeking license suspension or revocation is permitted to make an oral presentation to the council.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 100-54-7-f-2 to 4 of the code is repealed and recreated to read:
100-54. Driver's License.
7. HEARING PROCEDURE.
f. Council Action.
f-2. If the committee recommends that the license not be renewed, or that the license be revoked or suspended, then the licensee may file a written response to the report and recommendations of the committee stating any claims of error in law or fact. Such response may include objections and exceptions. Any party aggrieved by a committee recommendation of renewal or suspension, who has filed a written objection to license renewal pursuant to sub. 5-a or has filed sworn written charges seeking license revocation or suspension pursuant to sub. 6-b, and who participated upon the record at the committee hearing, may file a written response to the report and recommendation of the committee stating any claims of error in law or fact. Such response may include objections and exceptions. The response of a licensee or an objector shall be filed with the city clerk before the close of business on a day that is at least 3 days prior to the date set for hearing by the common council excluding Saturdays, Sundays and holidays.
f-3. Any written response to the report and recommendations of the committee that is timely filed shall be provided to each member of the common council at least 24 hours before any vote on the question is scheduled before the common council.
f-4. At a meeting of the common council following the receipt of the report and recommendations of the committee, the common council shall consider the report and recommendation. Not less than 5 days, excluding Saturdays, Sundays and holidays, prior to the hearing before the common council, the city clerk shall notify the licensee and complainant by certified mail and also notify the city attorney that the common council will convene. Each member of the common council shall be asked to affirm that he or she has read the report and recommendation of the committee. When a written response has been timely filed to a committee report and recommendation that the license be suspended, revoked or not renewed, each member of the common council shall be asked to affirm that he or she has read the response. If members of the council have not read the recommendation and report of the committee and any timely response that has been filed thereto, the chair shall allocate time for the members to do so. Oral argument shall be permitted to a licensee or objector only upon the timely filing of a written response to the report and recommendations of the licensing committee. The city attorney shall be permitted to respond in support of the report and recommendations of the licensing committee. Each party shall be limited to 5 minutes and the arguments shall be limited to the subject matter of the report and recommendation and the written response or responses. Licensees and objectors shall appear only in person or by counsel. Any person making an appearance before the council pursuant to this subsection and who requires the services of an interpreter shall obtain one at his or her own expense.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
City Clerk-License Division
Drafter
LRB07021-1
RLW
2/2/2007