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Garner v. City of Chicago

Case Date: 01/30/2001
Court: 1st District Appellate
Docket No: 1-99-0280 Rel

SECOND DIVISION
January 30, 2001






No. 1-99-0280


RACHELL GARNER, individually and as
mother and next friend of
KIMBERLY GARNER,

                         Plaintiffs-Appellees,

v.

CITY OF CHICAGO, CITY OF CHICAGO
BOARD OF TRUSTEES OF THE POLICEMEN'S
AND FIREMEN'S DEATH BENEFIT FUND,
MATT L. RODRIGUEZ, EDWARD ALTMAN and
WHITNEY W. ADDINGTON,

                         Defendants-Appellants, and

EDWARD M. BURKE,

                         Defendant.

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)		 Appeal from the
Circuit Court of
Cook County













Honorable
Dorothy Kinnaird,
Judge Presiding.

JUSTICE McBRIDE delivered the opinion of the court:

This appeal involves the interpretation of a Chicago Municipal Ordinance whichprovides benefits to family members of slain police officers. Plaintiffs-Appellees, Rachell and Kimberly Garner (collectively the "Garners"), are the widowand child of Sergeant Michael Garner ("Decedent"). Decedent, a police officeremployed by the City of Chicago, died on July 12, 1997. Defendants-Appellants arethe City of Chicago; the City of Chicago Board of Trustees of the Policemen's andFiremen's Death Benefit Fund (the "Board"); Matt L. Rodriguez, Superintendent ofthe Chicago Police Department (the "Superintendent"); Edward Altman, Commissionerof the City of Chicago Fire Department; and, Whitney W. Addington, President ofthe City of Chicago Board of Health. Also named as a Defendant is Edward M.Burke, a Chicago Alderman and Chairman of the City of Chicago Committee on Finance("Alderman Burke")(when addressed collectively, Defendants-Appellants will bereferred to as the "City"). Alderman Burke, however, retained his own counsel andsupports the Garners' position on the question to be decided by this court.

The trial court granted the Garners' request for declaratory relief and thedispute between the parties on appeal centers around the trial court'sinterpretation of section 3--8--040 of the Chicago Municipal Code ("section 3--8--040"). Chicago Municipal Code