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Hernando Today

County Attorney's Contract At Impasse

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By MICHAEL D. BATES

Hernando Today

Published: October 16, 2008

BROOKSVILLE - County attorney Garth Coller's counterproposal to a contract offer has been rejected, prompting the county commission to schedule time at its Tuesday meeting to try to break the impasse.

County Commissioner Chris Kingsley, who drafted a contract that has been under negotiation for one month, said he is standing firm on what he has already offered Coller.

"I'm done (negotiating) and he has apparently not accepted that," Kingsley said.

Kingsley said Coller has objected to two of the provisions in the draft contract: A one-year pact and a three-month severance clause.

Instead, Coller wants a four-year contract expiring in 2013 and a five-month severance clause in case of termination, according to the counterproposal obtained by Hernando Today.

Coller was out sick Wednesday and unavailable for comment. He has previously told Hernando Today he would not comment on his draft contract while negotiations were ongoing.

Kingsley said he has nothing against Coller's abilities. In fact, the chairman would like to retain Coller.

However, with the county involved in a major restructuring, which could involve the reassignment of various departments, now is not the time for multi-year pacts, he said.

"We need that flexibility and if we give him that four-year contract, that takes away any flexibility on our part," Kingsley said.
County Administrator David Hamilton is expected to unveil his county reorganizational model in the next few weeks.

"Some of the changes we're going through with efficiency and operation changes, a one-year contract is in the county's and the taxpayers' best interests," Kingsley said.

Kingsley said he will formally offer his contract terms at Tuesday's meeting and he is assuming his colleagues will approve the pact as written.
County commissioners have the authority to modify any and all parts of the proposed contract. Or, they can back Kingsley's offer and leave it to Coller to decide if he wants to stay on the job on those terms.

But "as far as I'm concerned, I'm done (negotiating)," Kingsley said.

The contract draft calls for Coller to make $132,829, unchanged from his current rate of pay. With add-on benefits, that comes to about $170,700 a year.

The county would continue to contribute a percentage of his salary to his retirement plan, which now totals $6,641.

He would also continue to receive free medical, dental and vision insurance for himself and his legal dependents. The county currently pays $13,797 per year health insurance for himself and his family.

Kingsley also dropped the $300-per-month car allowance he's been getting since 2002.

Should the county terminate Coller's contract, he would receive a lump sum severance payment and continued benefits for three months.

Kingsley said he originally had a five-month severance package but thought that was excessive.

Previous contracts have been multi-year pacts and called for salary hikes.

But in this atmosphere of cost-cutting and streamlining, Kingsley said he is not willing to extend the contact any longer than one year.

He also believes a freeze on salary is justified, given that department managers this year who make $65,000 and above are also getting no increase.

Coller's first contract when hired in 2000 was a two-year pact.

He entered into a second contract from February 2002 to January 2005 and commissioners added a $300 car allowance as part of his employment package. He was also provided mileage reimbursement if he traveled out of the county.

Under his third contract, which became effective Feb. 1, 2005, and expires Jan. 31, 2009, Coller continued to get the $300 car allowance but commissioners took away the additional mileage reimbursement.

County Commissioner David Russell said he is in favor of a three-year contract so the board doesn't have to revisit the issue next year.

Still, Russell said he realizes the current economic reality.

"We all know things are in a state of flux right now as to the structure of the government," he said.

Russell said he has no problem with the shorter severance clause or the salary freeze.

Russell called Coller "a good attorney" who "knows his business."

County Commissioner Jeff Stabins last month called Coller a "proven entity" and wants to see him retained.

"Continuity is a good thing," Stabins said.

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

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