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SCYMOUR a. FLEMI..~, et al, .vs.
. LAWRENCE D. KIMMEL, et al..
CASE NO. 75 38 CA
approve expost facto, their illegal action. Such a xuling might
encovCage members of other public bodies ~o illegally appoint ;
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themselves to remunitive positions, anticipating that they could ~
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receive and re~ain the benefits therefrom. Public otticials
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should not be allowed to benefit from their wrongdoing. This ~
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is true Pven where, as in this case, the~governmen~al body ~
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receives some beneEit from the employment. It is thereupon ~
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ORD~RED AND ADJUDGED that Lawrence-D. Kimmel is indebted
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to the City of Port St. Lucie, Florida, in the amount of $4,000.00, ~
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for. comp~nsation unlawfully received by him as City.Engineer of the ~
City of Port St. Lucie, and he is hereby ordered and directed to ~
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pay to the City of Port St. Lucie, - the sum of $4, 000. 00, within ~
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thirty (30) days of the date of this Judgment: It is fiirther ~
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ORDERED AND ADJUDGED that Franklin Beardsley is indebted ~
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, to_ the City of Port St. Lucie, Florida, in the amount of $1, SOt~.O~, t
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for compensation unlawfully received by him as Office Manager or
Head of the Departmert of General Government of the City_of Port _ "
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St. Lucie, and he is hereby ordered and directed to pay to the i
City of Port St. Lucie, the sum of $1,800.00 within thirty (30)
. days of the date of this Judgment. _
II - C~ITNT III i
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This portion of the suit involves an attack on the ~
City of Port St. Lucie's Pension Plan as it affects the rights of ~
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ich~ Defendants, Lawrence D. Kimmel, Franklin Eeardsley, Harold W. ~
- - Nottley, Mrs. Gra~e E. Kavanaug!-i and Rupert J. Smith. The pension ~
plan was initiallj~ established by Ordinanc~ 74-1., which became _
effective on January 22, 1974. The ordinance was subse uentl
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amended by Ordinance 74-18, on September 11, 1974. Plaintiffs
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challenge the portion af the plan which allowed retirement of ~
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