Dunlap v. City of Atlanta

I dissent to the dismissal of the appeal in this declaratory judgment case, because I do not agree that the City’s setoff of Dunlap’s pension benefits was a local administrative decision.

The conclusion that the setoff was such an administrative action is based upon the majority’s mistaken assumption that “Dunlap could have appealed the City’s decision to the City Board of Trustees.” Footnote 3 erroneously states that the Board of Trustees of the City’s pension fund “has the power to reconcile disputes over decisions” affecting pension benefits. (Emphasis supplied.) To the contrary, the Board…