Mayor Jimmy Haley is the interim McMinnville city manager until a replacement administrator can be hired. He obtained the title by default and a legal technicality Friday night.
By McMinnville Municipal Code 1-701, when the office of the administrator was created, “minimum qualifications shall include a college degree, and training or experience in municipal management or public administration.”
According to city attorney Tim Pirtle, he asked Municipal Technical Advisory Service legal consultant Josh Jones if an interim city administrator must met the same minimum qualifications as a permanent city administrator. 
Pirtle shared Jones’ response with the board.
“Neither state law, the city charter, nor the city code make any distinction between interim and permanent,” Pirtle said. “So to hold the office one must meet the qualifications.”
Pirtle also pointed out the same city code does not allow any member of the board to be appointed city administrator.
“By city code no member of the board shall serve as city administrator until one year after the board member has ceased to be a member of the Board of Mayor and Aldermen,” Pirtle said. “If this board fails to appoint someone tonight, the city’s code defaults to state law.”
While city code does require minimal education for a city administrator and does not allow any member of the board to act as interim city administrator, Tennessee Code Annotated is not as stringent.
By TCA 6-3-106, Haley can perform the duties of the city administrator and may designate a department head or department heads to perform any of the 12 duties of the city administrator as he sees fit.
When no member of the board had a nomination that would fit the minimum requirements as administrator by city code, the board defaulted to state law.
Vice Mayor Ben Newman made a motion to appoint McMinnville Public Works director Bill Brock as interim manager until a permanent replacement could be hired. The motion received a second from Alderman Mike Neal.
“Every one of our department heads are good department heads,” said Alderman Ken Smith. “I don’t want to put an extra duty on any individual who is already doing their job. It’s nothing against Bill, but he is already over three departments.”
As director of Public Works, Brock oversees Animal Control, Street Aid, Solid Waste Collection and the city’s garage. A few year’s ago, the Urban Forestry Department was placed under his supervision. Also, he is currently the interim director of the McMinnville Water and Sewer Department.
Newman said Brock could share the responsibility with city recorder Shirley Durham.
“Brock could run the day-to-day activities of the city, while Mrs. Durham could handle the administrative duties,” Newman said.
Smith stated, “I just don’t understand why we can’t allow Jimmy to be acting administrator. He can allow each department head to take care of their own departments.”
Alderman Rick Barnes urged the board to take time to think about the decision.
“We don’t have to do this tonight,” said Barnes. “I think we are jumping the gun somewhat. We could take a little time to think about this.”
David Rutherford retired as city administrator effective Aug. 30. Pirtle reminded the board the city cannot wait.
“If the board does not take action tonight, the city will default to state code,” Pirtle said. “The duties of city administrator will default to the mayor who may delegate the duties as he sees fit.”
The motion to appoint Brock as interim manager failed 4-2. Haley, Neal, Smith and Alderman Jimmy Bonner voted against it, while Barnes and Newman voted for it.
When no other nominations were made, the duties of city administrator defaulted to the mayor.
Haley says he plans on sharing the 12 responsibilities of the city administrator with various department heads until a permanent city administrator can be found.
“I have a list of the administrator’s duties and my plan is to delegate some of those to department heads,” he said. “I will make the list available when it is complete.”
Alderman Billy Wood was absent from the meeting.