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Re: SWFWMD Employment Contract
In general, there are two grounds on which the courts might
disaprove the contract in question:
1. Lack of statutory authority, L,.. any contract beyond a
public body's express or implied authority is ultra vires
2. If it involves a governmental or legislative unction, a
public body cannot make a contract which end es beyond
the terms of the officers making the agreement.
The Florida Supreme Court decision which refused
involved in the question of whether the contract emana
proprietary or governmental function" but merely 'tool
the city of Ft. Lauderdale that it was proprietary, is
Stokell 63 So. 2d 644 (Fla., 1953). There is little
authority done in the case, and it has not been subset
authority except in a trial court case not pertinent
The California case which might be important is
Housing Authority of Los Angeles, 58 Cal. Rptr. 886 (
cert. den. 389 U.S. 103 (19 In that case a sev
ment contract with the executive director of the Hous
upheld, even though it ran beyond the terms of the co
of the Board.
ted from a
the word of"
luently cited as
;o this problem.
t. App., 1967)
,n year employ-
.ng Authority was
Other cases I discussed with you that should be mentioned are:
Water Commissioners of New Brunswick v. Cramer, 39 A 71 (C6 App,
N.J., 1898), where the employment of a general super tendent of
the waterworks under a contract for 5 years was held invalid since
the Chairman of the Water Commissioners, elected year y, was given
the authority to appoint such superintendent and the ive year
contract effectively took fvem future Chairmen th&ir statutory right
of appointment and was therefore ultra vires.
Newman v. McCullough 46 S.E. 2d 252 (S.C., 1948) whe
that a contract which allowed a returning war veteran
old job as City Parks Director was invalid, because a
authority to make such contract extending beyond-its
I have a list of 10 or so Law Review Articles wh
the subject. Unfortunately, the County Law Library d
to any of them. I will be glad to look some of them
University of Florida jaw Library when I go up to Gai
a few weekends, and if any of them are good I'll let
oe it was held
to retake his
council has no
berm of office.
Lch may cover
Des not subscribe
aver at the
Arthur Burrows, Jr.