People v. Burge

Illinois Appellate Court
Civil Court
Case Number: 
2012 IL App (1st) 112842
Decision Date: 
November 30, 2012
1st Dist.
Cook Co.,6th Div.
Reversed and remanded with instructions.
Circuit court has concurrent subject matter jurisdiction with Pension Board to hear disputed pension issues. Pension Board split in 4 to 4 vote on question as to whether Burge's felony convictions related to, or arose out of, or were connected with his employment as a police officer. Tie vote was not approval of continuation of pension by a majority of members of Pension Board, as required by Section 5-182 of Pension Code; thus, decision was voidable. Attorney General had standing to assert claims, as statutory duties include duty to represent people of state and to investigate alleged violations of statutes which are AG's duty to enforce. (GORDON, concurring; GARCIA, specially concurring.)