Rutherford contract could be finalized Tuesday

The contract between the city of McMinnville and city administrator David Rutherford has been received by the city and needs the nod of approval from the Finance Committee. It may get that nod Tuesday at 6:30 p.m.

Within the contract, Rutherford agrees to be a full-time employee of the city and perform all the duties and responsibilities of city administrator.

Although it is a one-year contract, it is automatically renewable for two additional one-year terms unless the board votes not to renew within 10 days following Rutherford?s annual evaluation.

For the city?s part, the contract states Rutherford will receive annual pay of $71,739. Other perks include:

? Travel expense of $300 a month unless he is provided a car.

? Pay for his professional dues for the AICP-APA, ICMA and any Tennessee association which could benefit the city.

? The city will contribute $10,409, which is 14.51 percent of his annual salary, to the city?s 457 Deferred Compensation Plan through ING (401A) after he has been employed for six months. At that time, he will qualify for the TCRS and the 14.51 percent will be contributed there.

? Up to $6,000 in moving expenses.

? Ten days vacation for the first year, 15 days for the second and 20 days for the third. However, He will not take more than 14 days consecutive days leave at any time without approval from the board.

? He will be provided the same health insurance, life insurance and sick leave as other city employees.

? Rutherford will be allowed to do outside consulting as long as it does not interfere with his service to the city.

After Rutherford is on the job, the board will sit down with him to determine the goals and performance objectives to be fulfilled. Before the six months anniversary of his employment, the board will review and evaluate Rutherford?s performance based on these goals.

As for termination, the board can remove Rutherford at any time with no less than four votes. Rutherford can terminate the contract with 30 days notice.

If he is terminated for anything other than failure to perform his duties, willful misconduct or his conviction of an illegal act, he will get six months severance pay, accrued annual leave, and COBRA coverage for six months.

If Rutherford is given six months notice, he will not receive any compensation.

In the event the contract is not renewed or expires at the end of three years, Rutherford will be serving as an at-will employee until he voluntarily resigns or is terminated.

If the committee gives its approval at 6:30 p.m., the Board of Mayor and Aldermen will receive the recommendation to hire him at the 7 p.m. regular session that same night.