UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT

Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported) October 13, 2008

 

Comfort Systems USA, Inc.

(Exact name of registrant as specified in its charter)

 

 

Registrant’s telephone number, including area code (713) 830-9600

 

 

(Former name or former address, if changed since last report.)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 

Item 5.02

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

 

(c)           On October 13, 2008, Comfort Systems USA, Inc. (the “Company”) determined that effective January 1, 2009, Brian E. Lane will be appointed Executive Vice President and Chief Operating Officer of the Company.  Mr. Lane, who is 51 years old, joined the Company in October 2003, serving the entire time as Vice President and then Senior Vice President for Region One of the Company.  Mr. Lane will continue to serve as Senior Vice President for Region One until January 1, 2009.  Prior to joining the Company, Mr. Lane spent 15 years at Halliburton, a global provider of products and services to energy, industrial, and government customers, including employment by Brown and Root, an engineering and construction company.   During his tenure, he held various positions in business development, strategy, and project activities, including the position of Regional Director of Europe and Africa. Additionally, he held the position of Vice President at Kvaerner, an international engineering and construction company.  Mr. Lane earned a Bachelor of Science in Chemistry from the University of Notre Dame and his MBA from Boston College.  Mr. Lane is currently a beneficiary of the Company’s Executive Severance Policy and has a Change-in-Control Agreement that contains a non-compete provision and provides for a change-in-control payment equal to one times Mr. Lane’s annual base salary plus the greater of his current bonus or the average of the prior three years’ bonuses.  Mr. Lane’s current base salary is $239,200, and his annual performance initiative, which contains no discretionary element, ranges from zero percent to one hundred twenty five percent of his annual salary.  Mr. Lane’s compensation for serving as the Company’s Chief Operating Officer is still currently under negotiation.

 

            Thomas N. Tanner, age 59, will continue to serve as the Company’s Executive Vice President and Chief Operating Officer until January 1, 2009.  At that time, Mr. Tanner will transition to the position of Executive Vice President Corporate and Business Development.

 

SIGNATURES

 

            Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

	COMFORT SYSTEMS USA, INC.
By:	/s/ Trent T. McKenna
	Trent T. McKenna, Vice President and
	General Counsel
Date:        October 14, 2008

 

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