EMPLOYMENT AGREEMENT Docusign Envelope ID: ED6B1840-B7AF-8FDA-8067-31324367FDC7
EMPLOYMENT AGREEMENT
This Agreement is entered into this 31 day of August, 2026, by and between
the CITY OF CLEARWATER, FLORIDA (hereinafter the "City"), and Owen Kohler
(hereinafter the "Employee").
WHEREAS, the City Council voted at a public meeting on July 16, 2026, to begin
negotiations with the Employee to serve as City Attorney; and
WHEREAS, it is the desire of the City Council that the City enter into this
agreement to provide certain benefits, establish certain conditions of employment, and
set working conditions of the Employee; and
WHEREAS, it is the desire of the City Council: (1) to secure and retain the
services of Employee and provide inducement for him to remain in such employment;
(2) to make possible full work productivity by assuring Employee's morale and peace
of mind with respect to future security; (3) to act as a deterrent against malfeasance
or dishonesty for personal gain on the part of the Employee; and (4)to provide a proper
means for severing the employment relationship, whether by Employee or the City, in
a fair and equitable manner; and
WHEREAS, the Employee has the professional experience, expertise, and
qualifications required to hold the position of City Attorney and desires to hold the
position under the terms and conditions herein; now therefore,
IN CONSIDERATION of the mutual covenants contained herein, the parties
agree as follows:
Section 1. Duties and Responsibilities.
(a) Employee agrees to serve as City Attorney of the City of Clearwater, to fulfill
the duties of that office as set forth in the City Code and City Charter, and to perform
such other legally permissible and proper duties and functions as directed by law or as
the City Council shall determine, which may change from time to time in the sole
discretion of City Council.
(b) This Employment Agreement and appointment to the office of City Attorney
shall commence on August 22, 2026. The Employment Agreement shall remain in effect
until terminated by the City or by Employee as provided herein.
(c) Employee agrees to remain in the exclusive employ of the City and shall not
engage in any other employment or business activity without specific prior written
approval of the City Council.
(d) Employee agrees to continually provide his best efforts to efficiently and
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effectively perform his duties in a professional manner; uphold the City regulations and
policies; support the City Council-City Manager form of government as expressed
through the City Charter of the City of Clearwater; provide legal advice and
representation to the City in accordance with the City Charter and all applicable laws,
rules, and regulations; advance the mission statement, values, and principles of
operation as adopted by the City Council; and abide by professional and ethical
standards of conduct including state law, City Code, state Code of Ethics, and the Rules
Regulating The Florida Bar.
(e) At all times, Employee must be and remain a member in good standing of
The Florida Bar.
Section 2. Term.
(a) Employee serves at the will and pleasure of the City Council. Nothing in
this Agreement shall prevent, limit, or otherwise interfere with the right of the City
Council to terminate the services of Employee at any time with or without cause in
accordance with the applicable provisions of the City Charter.
(b) Nothing in this Agreement shall prevent, limit, or otherwise interfere with
the right of the Employee to resign at any time subject to the provisions of this
Agreement.
(c) Nothing in this Agreement shall be construed to establish a fixed time or
term of appointment or office.
(d) The position of City Attorney is unclassified and is exempt from the City's
Civil Service System.
Section 3. Salary and Other Benefits.
(a) The City acknowledges that the Employee has been employed by the City
since February 8, 2018. By entering into this Agreement, the Employee does not waive
or forfeit any accrued rights or benefits. This Agreement provides additional benefits,
terms, and conditions of employment that will be provided upon execution of this
Agreement and does not extinguish, forfeit, or waive any previous rights or benefits,
except as expressly provided herein.
(b) The City will compensate Employee for his services rendered pursuant to
this Agreement at the annual rate of $260,000.00, subject to the terms and conditions of
this Agreement. This salary shall be earned and paid in biweekly increments, less tax
and similar withholdings or deductions required by law or authorized by Employee in
writing, commencing with the next full pay period after August 21, 2026. At no time may
Employee accelerate the frequency of salary payments or demand payment in a lump
sum. These payments will be made only when earned during the term of this Agreement.
(c) Employee's salary and benefits will be reviewed from time to time by the
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City Council and may be adjusted as determined in its sole discretion.
(d) Employee shall continue to participate in the Money Purchase Pension
Plan (401(a) Plan) as provided in Chapter 2, Article V, Division 6 of the Clearwater Code
of Ordinances, and as may be amended by the City Council from time to time. The City
agrees to contribute an amount equal to fifteen percent (15%) of Employee's annual
base salary to the City's Money Purchase Pension Plan on behalf of Employee, such
contributions to be made on a pro rata biweekly basis.
(e) The City agrees to pay the reasonable dues and subscriptions of Employee
necessary for full participation in national, regional, state, and local bar associations and
organizations necessary and desirable for the good of the City, including, but not limited
to, dues of The Florida Bar as well as the cost of continuing legal education.
(f) All of the Employee's existing vacation and sick hours shall be converted
into general leave hours at a 1:1 ratio, as of August 21, 2026. The Employee shall cease
accruing any vacation hours, sick hours, or floating holidays at that time. Instead,
Employee shall begin accruing additional "general leave" in lieu of vacation, sick leave,
and floating holidays at a rate of thirty-five (35) days per year to be accrued biweekly
beginning on August 22, 2026.
(g) Accumulation of general leave shall be capped at one hundred twenty
(120) days. The parties recognize that due to the Employee's prior service to the City,
and the conversion described in the previous subparagraph, the Employee will reach the
cap sooner than a City Attorney hired externally. To ensure the continuity of service, the
Employee shall not utilize more than fifteen (15) consecutive days of general leave,
except in the event of an FMLA-qualifying condition or with express prior approval of City
Council.
(h) Employee will be permitted to sell back up to ten (10) days of general leave
annually. To qualify, Employee must use at least five (5) days of general leave from
January 1 through November 15 of the current payroll calendar year, and immediately
after this sell back, the general leave accruals must have a remaining balance of at least
twenty-one (21) days. For the purpose of this requirement for the 2026 calendar year,
the City will count any vacation leave Employee has used prior to assuming his position
as the City Attorney in determining whether Employee is eligible to sell back leave in
accordance with this Agreement. To be eligible to sell back general leave, Employee
shall not have received any formal discipline (suspension, decision-making leave, or
involuntary demotion) during this payroll calendar year. Employee shall only be
permitted this request once per fiscal year, regardless of the number of days sold. The
general leave contribution is irrevocable, and the time will be deducted from the accrual
balance. The accrued hours sold will be paid out to Employee at the hourly base rate of
pay in effect during the pay period the payment is processed. This request must be
provided to the department payroll preparer on or before November 15 to receive the
requested hours of regular pay in the payroll period which includes December 1.
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(i) Employee is eligible for benefits provided to all other executive/managerial
employees as a whole, including:
(1) Employee shall continue to be covered by federal social security.
(2) Employee shall continue to be covered under the City's hospitalization,
major medical, and dental programs with the City paying the cost for Employee coverage.
This program may, at times, have multiple plan options for Employee. Employee may
include dependent coverage under the program at the City employee group rate, if desired
and subject to such limitations and available options as are provided in such program. Any
other insurance program available to employees of the executive/managerial group as a
whole shall apply to the Employee. Employee shall follow the procedures applicable to
executive/managerial employees or other full-time employees, as applicable, set forth in the
plans, policies, and/or procedures of the City in requesting, obtaining, or participating in
these benefits.
(3) Employee will be provided with at least eleven (11) paid holidays each
year taken in accordance with practices utilized for other executive/managerial personnel.
(4) The City agrees to pay travel and subsistence expenses of Employee
for professional and official travel as provided by City policy consistent with state law.
(5) Employee will be provided life and disability insurance as is provided to
City Supervisory Administrative Managerial or Professional ("SAMP") employees.
(6) Employee will be eligible to participate in the City's Tuition Refund
Program consistent with the level of benefit provided to other executive/managerial
employees as a group.
(7) If the City Council eliminates, modifies, or adds any benefit for all
executive/managerial employees as a whole, or applicable to all employees of the City,
including those identified in paragraph (i), then such modifications will apply equally to the
Employee.
Section 4. Performance Evaluation.
(a) Pursuant to Section 2.01(c) of the City Charter, the City Council shall present
an annual report on the evaluation or performance of the City Attorney. The City Council,
in its sole discretion, may review Employee's salary at that time, with the first review
occurring in October 2027.
(b) The Council, in its sole and absolute discretion, shall decide the format of the
evaluation or performance review. The Council may amend that process from time to
time, including the incorporation of written or oral evaluation.
(c) The parties recognize that the Council is under no obligation at any time to
adjust the Employee's salary during the annual performance review. However, the
parties agree in good faith to consider the Employee's qualifications, performance during
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the past year, and the salary available to comparable City Attorneys in making that
determination.
(d) The Council may at any time establish goals for the Employee, and the
completion of said goals may, in the Council's discretion, be reflected on the Employee's
future evaluation(s).
Section 5. Termination and Severance Pay.
(a) The City specifically agrees that because the City Attorney is a full-time
employee of the City, the sole remedy for any error, omission, negligence, or the like of
the City Attorney is termination of employment, except as otherwise provided by state
law.
(b) Termination Without Cause. In the event Employee is terminated by the
City Council during such time that Employee is willing and able to perform the duties of
City Attorney and such termination is without cause, then, in this event, the City will pay
Employee on the last day of employment-
1.
mployment:1. A lump sum cash payment equal to twenty (20) weeks aggregate
salary at the rate in effect at the time of termination. (Aggregate salary
shall include the base compensation of Employee and the City's
contribution to the Money Purchase Pension Plan. The City's Money
Purchase Pension Plan payments that are due shall be deposited with the
appropriate fund for the benefit of Employee.)
2. All accumulated and unused general leave of Employee.
(c) Termination Because of Illness or Injury. In the event Employee is
terminated by the City Council or resigns his position because Employee is unable to
perform the duties of City Attorney, even with a reasonable accommodation, due to any
illness or injury, then, in that event, the City will pay Employee on the last day of
employment-
1.
mployment: 1. A lump sum cash payment equal to twenty (20) weeks aggregate
salary at the rate in effect at the time of termination. (Aggregate salary
shall include the base compensation of Employee and the City's
contribution to the Money Purchase Pension Plan. The City's Money
Purchase Pension Plan contribution payments that are due shall be
deposited with the appropriate fund for the benefit of Employee.)
2. All accumulated and unused general leave of Employee.
(d) Termination for Cause. In the event Employee is terminated by the City
Council for proper and just cause, including but not limited to misfeasance,
malfeasance, neglect of duty, a formal finding of an ethics violation by the Florida
Commission on Ethics, conviction of a felony, any finding by The Florida Bar or Florida
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Supreme Court that Employee has violated the Rules Regulating The Florida Bar, or
any misconduct as defined in Florida Statutes § 443.036(29), Employee shall receive
no severance pay but shall be paid only for any accrued and unused general leave.
(e) Administrative leave required. If at least three (3) members of the City
Council vote to remove the City Attorney pursuant to Section 4.02 of the City Charter,
then the City Attorney shall be required to immediately enter a state of administrative
leave. This requirement shall apply regardless of the reason or basis for removal.
During a state of administrative leave, the Employee shall remain in paid status without
depleting general leave and continue receiving health insurance and other benefits;
however, the Employee shall not instruct or direct City staff, conduct any further
business on behalf of the City, make any statements on behalf of the City, or physically
enter or remain in City facilities. If the Employee fails or refuses to enter a state of
administrative leave, or fails to comply with the terms of administrative leave, the
Employee shall be ineligible for the severance described in Section 5(b) or Section 5(c)
of this Agreement. The administrative leave shall be lifted if the City Council, upon a
second reading, declines to remove the City Attorney.
(f) Voluntary Resignation. In the event Employee resigns to accept other
employment or for reasons other than those enumerated above in Section 5(c),
Employee shall not receive any severance pay, but shall be paid for the accrued and
unused general leave as of the effective date of the resignation. Employee agrees to
inform the City Council in writing of voluntary resignation and shall provide at least sixty
(60) days' notice in advance unless Employee and City Council otherwise agree. If
Employee fails to provide at least sixty (60) days' notice, City Council may terminate
Employee's employment immediately for cause and Employee will forfeit all accrued
and unused general leave. If Employee has provided proper notice of his resignation,
nothing in this paragraph precludes the City Council from making Employee's
resignation effective immediately as long as the Employee is paid for the notice period
and the accrued and unused leave. Additionally, if the Employee continues to perform
services during the notice period, nothing in this Agreement precludes the City Council
from terminating Employee's employment in accordance with Section 5(d).
(g) In the event of termination pursuant to Section 5(b) or 5(c), the City agrees to
continue paying its portion of medical insurance in effect on his last day of employment,
including but not limited to COBRA benefits for Employee only, for a period not to
exceed the severance period provided herein. In the event that during such period
Employee shall obtain other employment wherein such benefits are paid, the City's
obligation to continue paying such medical and other insurance shall cease as of the
effective date of such other insurance coverage or the end of the severance period,
whichever comes first.
(h) Termination of Employee's employment with the City within the meaning of
this section shall mean any formal or informal action of the City Council requesting that
he resign or dismissing him from his employment with the City. Upon written notice to
City Council, Employee may elect to treat as termination of his employment by the City,
within the meaning of Section 5(b)of this Agreement, any other action of the City Council
which eliminates, reduces, or precludes Employee from fulfilling the role of City Attorney
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as defined in the Charter (or any amendment to the Charter) or which eliminates or
reduces benefits provided for in the City Charter, City policies, or City Code of
Ordinances in a greater percentage than applicable to other executive/managerial
personnel of the City if the purpose of the act is to induce Employee to terminate
employment with the City. However, this provision does not apply after Employee has
given notice of his resignation.
(i) Waiver of legal remedies. Employee agrees that if his employment is
terminated pursuant to Section 5(b) or Section 5(c) of this Agreement, then in order to
be eligible for the severance provided in that subsection, the Employee will provide a
general release and non-disparagement agreement to the satisfaction of the City, which
will include a waiver of any right to seek redress for any claim arising under any federal
employment law including but not limited to the Americans with Disabilities Act ("ADA"),
the Family and Medical Leave Act ("FMLA"), along with similar acts arising under Florida
law, along with any cause of action under the Florida Whistleblower Act or similar
statute.
Section 6. Other Terms and Conditions of Employment.
The City Council shall fix any such other reasonable terms and conditions of
employment as it may determine from time to time regarding the performance of
Employee, provided such terms and conditions are not inconsistent with or in conflict
with the provisions of this Agreement, the City Charter, or any other law.
Section 7. General Provisions.
(a) The members of the City Council and Employee agree to work in the spirit
of open communication, cooperation, and an atmosphere of mutual trust and support to
attain shared goals. The members of the City Council acknowledge that Employee, in
his role of City Attorney, represents the City acting through its duly authorized
constituents, including its employees and the members of City Council. The City, not
any individual directors, officers, employees, Council members, or other constituents, is
the client of Employee under Rule 4-1.13 of the Rules Regulating The Florida Bar. As
set forth in the Charter, Employee, as the City Attorney, will provide representation to
individual directors, officers, employees, or Council members as long as it is not adverse
to the City or its interests, relates to actions taken in the course and scope of their
employment or role for the City, and is otherwise in accordance with the Rules
Regulating The Florida Bar.
(b) The language of the City Charter as it may be amended from time to time
with regard to the powers and duties of the City Attorney is incorporated herein by
reference.
(c) The text herein including the aforesaid provisions of the City Charter and
the City Code shall constitute the entire agreement and understanding between the
parties.
(d) This Employment Agreement shall become effective as of August 22,
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2026, and shall inure to the benefit of Employee, his heirs, and personal representatives.
(e) If any provision or portion thereof contained in this Agreement is declared
or determined to be unconstitutional, invalid, or unenforceable by any duly authorized
agency or court, the remainder of this Agreement or portion thereof shall not be affected
and shall remain in full force and effect. The provisions of this Agreement are declared
to be severable.
(f) The City shall indemnify, defend, and hold harmless Employee as
provided in Chapter 2, Article 11 of the City of Clearwater Code of Ordinances.
Section 8. Entire Agreement.
This Agreement constitutes the entire agreement between the parties hereto as to
the matters herein contained. It is entered into without reliance upon any statement,
representation, promise, inducement, or agreement not expressly contained in the terms
hereof. Except as expressly provided herein, this Agreement extinguishes and
terminates all other prior or contemporaneous agreements related to Employee's
employment with the City. This Agreement shall not be modified in any respect except
by an amendment in writing signed by a duly authorized representative of the parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on this 31st day of August, 2026.
CITY OF CLEARWATER, FLORIDA
Signed by:
By: bmu- Inc, br
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Bruce Rector
Mayor
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Approved as to form: Attest-
S' nd b OacuSigned by:
Sacha Dyson Rosemarie Call
Outside Counsel City Clerk
for the City of Clearwater, Florida
EMPLOYEE ACKNOWLEDGEMENT AND ACCEPTANCE:
Signed by:
O-W fit, 6UXr August 27, 2026
gra- �aaa...
Owen Kohler Date Signed
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