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Hernando Today

Hamilton Contract Includes 5-Year Clause

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By MICHAEL D. BATES, Hernando Today

Published: February 1, 2008

BROOKSVILLE - During his initial interview, David Hamilton said he planned to remain Hernando County administrator at least five years.

County commissioners were glad to hear it, since their last two administrators bolted for other jobs in less than 24 months.

To firm up that commitment, County Commission Chairman Chris Kingsley included in Hamilton's proposed employment contract a clause that would make the new administrator an exclusive employee of Hernando County from March 2008 through February 2013.

Under the terms of the proposed contract, Hamilton would start out at $135,000. After six months on the job and a satisfactory evaluation, he would get a 5 percent pay hike, raising his salary to $141,175.

Factoring in retirement and health benefits, the package would be worth thousands more. The county was unable to provide an exact figure.

Former administrator Kuhl made about $136,200, not including benefits.

In addition, the county would provide - at no cost to the employee - medical, dental and vision insurance for Hamilton and his legal dependents.

If the contract is ratified by county commissioners, Hamilton would also receive:

- Relocation costs for his move from Minnesota to Hernando County.

- Education reimbursement for his continued education.

- Use of a county-owned car.

Just because there is a five-year exclusivity clause in the contract does not guarantee that Hamilton will stay that long.

Former administrators Gary Kuhl and Gary Adams had similar provisions - although not as lengthy as five years - and were released from their positions after expressing a desire to leave.

Coller said such exclusivity clauses are not binding. He compared it to a professional athlete who signs a long-term contract but signs with another team halfway through.

Should Hamilton breach the contract prematurely, county commissioners could theoretically sue him.

But who wants to keep an employee who doesn't want to be there and presumably would not deliver the level of work required? Coller asked.

Hamilton stands to lose accrued vacation pay and other salary benefits should he choose to resign prematurely.

Enforceable or not, the five-year commitment clause sends a message to Hamilton that stability is important, Coller and Kingsley said.

In lieu of vacation and sick leave, Hamilton would accrue 2.5 days per month of annual leave. If he terminates his employment during his fourth year on the job, he will be paid 100 percent of his leave balance.

Kingsley also wrote in a requirement that Hamilton live in Hernando County.

That provision proved to be an issue with former administrator Kuhl who, during his initial months on the job, commuted to work from Citrus County, where he and his wife owned a home.

But Kuhl was forced to move to Hernando County after Coller uncovered a state law requiring county administrators live in the county where they work.

Hamilton told Hernando Today he accepts the terms of the contract. However, it doesn't become official until the five-person county commission board ratifies it.

Commissioners are scheduled to discuss Hamilton's proposed contract at Tuesday's meeting.

In writing the contract, Kingsley said he borrowed from previous Hernando County administrator pacts and other county administrator salary packages.

Reporter Michael D. Bates can be reached at 352-544-5290 or mbates@hernandotoday.com.

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