HomeMy WebLinkAbout2587 . SEYMOUR B. FLEMING, e~ al, vs.
~ LAWRENCE D. KIMMEL, et al.
CASE NO. 75 38 CE1 .
Plaintiffs con~end tha~ there is no legal basis for
"severance pay" t~ an elected official ugon his resignatioii
from ofFice. The first question is whether or not ~he City has
the ~ower to enact an ordinance pr~viding for "sevPrance pay" ;
for its elected oft'icials and employees. In the- Court's opii~ion,
- L- uMder the "Municipal Home Rule Powers Act", Flori.da Statu~es
Section 116.021(1), the City has the power to enact a reasonable ~ '
ordinanc e providing for "severance pay". . . :
. ;
The question then is whether or not the ordinance in ~
- . - ~
question was a valid exercise of authority. On its face, the ~
- - f
f
ordinance discriminates in £avor of elected officials and against ;
' T
~
- other employees of the City. City employees under the ordinance '
would receive severance pay at the rate of one -half~month's pay,
. ;
whereas Councilmen would receive a full month's pay for each ~
i
• _ _ - ~
year of service. The unreasonableness of the ordinance as it ~ ;
' y
.
applies to elected officials is further demonstrated by the fact ~
_
- _ .
- that Mr. Nottley received more money as severance pay than he - 3
. - ~ - ;
_ - - ;
~ would have if he had served the remainder of his term and received
his full salary.~ Four months remained on his ~lected term and
if he had not resigned he would have been~entitled to draw his ~
~
councilman's salary of $300.00 a month, or a total of $1,200.00.
. - t
_
By resigning four months early he received the equivalent of six.
~ - . {
months' salary, or $1,800.00. There is no rdtional basis or justi-
_ - - ~
fication for this discrimination in favor of elec~ed officials. _ ~
. _ - - - . ~ ~
In the Court's opinion, the un.reasonable character of Ordinance ~
~
,
73- 5, appears on its face and its enactment was not valid: It
_
. follows then that the $1, 800.00 paid to Harold *nI. Nottley was an ~
- ~ ~
improper and illegal payment of munic~_pal funds. It is ~hereupon ~
: ORDERED AND ADJTJI)GED that Harold W: Nottley is ~indebted
= to the City of Port St. Lucie, Florida, ~ a.n the amount of _$I, SOO.OC, ~
- , ~
- - 6a0~( 4'~V ~I16[~~+~ ~ ~
- - ~
t
- 11 -