HomeMy WebLinkAbout2583 SEYMOUR t3. FLEM 3, et al, vs. ~
J.AWREN~E D. KIAlI~iEL, et al.
CASE NO. 75 38 CA
Statutes Section 121.20~1):
"(1} The intent of the Leqislature is to ,
authorize and direct each city and town to
provide a system of retir~ment_for elected ~
officials, bu~ it is further the intent `
tha~ each city or town may determine whether ~
the system shall be contributory or noncon- ~
tributory." ~
f
Based on the foregoing, it is the Court's opinioti that the City
~
of Port St: Lucie, through its City Council has the authority °
~
to adopt a municipal pension plan. ~ ~
~ Plaintiffs agrue that even if the City has the authority ~
- ~
tc~ adopt a municipal pension plan that the plan herein should be ~
- ~ ~
decZared invalid because it is not reasona~le. The Florida ~
a
Courts have consistently applied a standard of great caution~in ~
. declaring a municipal or~inance unreasonable. The burden is
-
imposed not upbn the city or those ~upporting the ordinance to ~
. ~
prove it is reasonable, but upon th~ challengers to show its ~
unreascnableness. Where an ordin~.nce, as in this case, is within
the pawer of the city to enact, it w~.ll be presumed to be reason-
_ able unless "its unreasonable character appears on its face.."
;
City of Miami v. Kayfetz, 92 So 2d. 798 (Fla. Z957}, In the . ~
Court's opinion the municipal pension plan enacted by Ordinance
_ - t
_ - i
- s
- 74-18, was a valid exercise of the municipal legislative power- ~ 3
- - ;
.
~i
and is not so unreasonable as to be invalid. . ~
;
i - ~
~ The Court must now consider the rights of the various
,
~ defendar.ts under the pension plan. Defendant; Grace E. Kavanaugh,
is the widow of former City Councilman,.Ec~gene Kavanaugh. Mr. -
Kavanaugh became a member of tne City Council of the City of Port ~
_ " - f
. _
St. Lucie on December 8, 1964, and continuously served on the '
_
_ _ f
. ouncil until his death on May 7, 1974. At the time of his death, F
_ ~
he had satisfied-all conditions of Ordinance 74-18 to be eligibl.e i
. - _ ~ ~ i
- ~
~ under said pension plan. Defendant,.Grace E. Kavanaugh, is ~
z
s
~ - ~
- 7 - b~l(~~ ~~NV~~V