HomeMy WebLinkAbout2582 ~ SEYMOtTR B. FLCMING, et al, vs.
~ LAWR~NCE D. KTMNiEL, e~ al. .
; CASE NO. 75 38 CA
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elective otficers after eigh~ years of service ar at~ainmen~ of
age sixty-five, which ever later occurred, at a minimum r~t~.re-
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t ment benefit of $200 per month. Plaintift; also contest the
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inclusioii o~ the cii:y attorney in the pen3ian plan. Tlie De~endant,
~ First National Bank anc3 Trust Company ot Stuart, is Trustee o~
~ the PenSion Trust Fund, having agreed to manage and administer
3 the trust funds provided by the City in accordance with trL~st
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~ agree~nents between the Bank and ~he City. A.temporary restraining
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order was entered by this Court on February 3, 1975, restraining
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~ the Bank from making any disbursement of funds from the trust
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fund to third parties until this Court made a final determination
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i -as to the rights ot the parties in this cause.
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= ~ The first question to be determin~d is whether or not
the City Council had authority to establish the~pension plan in
} ~~question. Article 8, Section 2(b), of the Florida Constitution
~ - provides as follows:- - - ' -
"(b) Powers. t~iunicipalities shall have govern- _
~ mental, corporate and proprietary powers to en- ~
= able them to conduct m,unicipal government, perform
` municipal functions and render municipal services,
~ _ and may exercise any power for municipal purposes
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= except as other~aise provided by law. Each muni-
cigal legisla~ive body shall be elective.". , ~
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> - Subsequent thereto the Legislature enacted the "Munic-ipal Home. ~
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~ ~ Rule Powers Act", which is presently Florida Statutes Section
- 166.021(1), as follows:
"As provided in Article 8, Section 2(b) of the
~ _ state constitution, municipalitie~s shall have ~
. _the governmental, corpora~e, and proprietary
- powers~to enable them to conduct municipal - ~
- - functions, and render municipal services; and
may exercise any power for municipal purposes,_ _
- except when expressly prohibited by law."
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_ It does not appear that the establishment of pension plans by
= municipalities has been expressly prohibited by law. In fact, -
the contrary app~ars. As stated by the Legislature in Florida
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_ - - aaox ~~J~
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