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IN THE CIRCUIT COURT OF THE
- NINETEENTH JUDICIAL~CTRCUIT . -
- IN AND FUR ST. LUCIE COUNTY, -
FLORIDA .
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CASE NO. 78-495 CA
LAWRENCE D . RINIKB-L', - -
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- Plaintiff, - ~
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v. - _
CITY OF PORT ST. LUCIE, a - - _ -
Political Subdivision of- - _ -
the State o~ Floridai -
- _ Defendant. - - -
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FINAL Ji1DGMENT
. THIS CAUSE having come on for trial before me, the Court
- having weighed and considered the evidence and having the
benefit of argument from counsel, finds as follows: -
1. That the~City of Port St. Lucie is entitled to recover ~
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$283.92 from LAWRENCE D. KIMMEL representing unauthorized funds
he received while he was in office however, the-Court denies any _
recovery to the City regarding payment of salary to-LAWRENCE D.
RI1KP+~L while in office, -pursuant to its equitable power as
stated in the case of State De t. of Rev. v. Zuckerman-Vernon, -
Cor .-354 Sold 353 (Fla. 1977). The Court finds that there
was rio breach of the public trust or other willfully improper ~
conduct ~n the part of the. participants. -
2. On flee claim of LAWRENCE D. KIMMEL, the Court- is of -
the opinion that the Ordinances establishing-a pension plan
fc~r City employees and elected officials, Ordinance 74-1, 74-18,
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~.nd 75-3, were legally and properly enacted however, none of
the ordinances authorized or contemplated a 100$ vesting clause
~ in the event treat the plan was terminated. Further, even if_
such a clause had been legally authorized, it would have been
unconstitional as an unreasonable measure. and would also consti- `
tute an improper delegation of the City Council's authority.
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