Meeks v. Fink

• Decision Date: 15 August 1921
• Citation: 82 Fla. 244,89 So. 543
• Parties: MEEKS et al. v. FINK et al.
• Court: Florida Supreme Court

89 So. 543

82 Fla. 244

MEEKS et al. v. FINK et al.

Florida Supreme Court

August 15, 1921

Action by C. Meeks and others against R. K. Fink and others, as members of the city council, mayor, etc., of the city of Miami. From an order sustaining in part a demurrer to the bill, the plaintiffs appeal.

Reversed.

Taylor J., dissenting.

Syllabus by the Court

SYLLABUS

Legislature may confer authority on governing body to fix salaries of its members. Under the Constitution of this states (section 8 art. 8) the Legislature may confer upon the governing body of a municipality power to fix the salaries of its own members.

Charternot to be construed as authorizing members of council to fix their own salaries unless clear and unmistakable. Because of its extraordinary character, charter provisions of a municipality will not be construed as conferring power upon its governing body to fix the salaries of its own members unless the intent to do so is expressed in language the meaning of which is clear and unmistakable.

Ordinance increasing salaries of members of city council held invalid as not clearly authorized by charter. The ordinance of the city of Miami under consideration, increasing and fixing the salaries of the city officers, including the members of the city council proposing and adopting it, held to be invalid in so far as it attempts to increase the salaries of the members of the city council, because not clearly authorized by the provisions of the city charter.

Appeal from Circuit Court, Dade County; H. Pierre Branning, judge.

COUNSEL

R. B. Gautier, of Miami, for appellants.

S. P. Robineau, of Miami, for appellees.

OPINION

WEST J.

This is an action brought by resident taxpayers of the city of Miami against the members of the city council, mayor, clerk, and auditor of the city, the object of the suit being to restrain defendants from paying out of the treasury of the city any sum or sums of money for compensation or salary to city officers under the provisions of a certain designated ordinance of said city; for an accounting of all amounts of money alleged to have been illegally paid to said defendants under the provisions of said ordinance; for a decree against each of the said defendants for all amounts alleged to have been illegally received by them; and for general relief.

The bill was demurred to by defendants upon various grounds. Defendants also filed answer to the bill. Upon a hearing the demurrer was sustained, except as to the allegations of the bill seeking an accounting for moneys paid to the mayor and members of the city council prior to the date upon which the ordinance under consideration went into effect; the court holding the ordinance valid except as to its retrospective features. From this order an appeal was taken to this court. The error assigned is the making of the order sustaining defendants' demurrer to the bill.

The ordinance increased the salaries of the city officers, including the members of the city council adopting it, and the contention of appellants, complainants below, is that the city council was without authority to pass a valid ordinance, increasing the salaries of its own members, and that in so far as the ordinance purported to do so it is ineffectual and did not authorize the payment out of the city treasury of the amounts which such salaries were increased.

On the other hand, it is asserted that the ordinance is valid, and this assertion is grounded upon various provisions of the city charter, which, it is claimed, authorize its enactment. The city charter (chapter 7196, Acts of 1915, Laws of Florida) by section 10 provides that the government of the city shall be carried on and conducted by certain designated officers, including a 'city council,'...