Smyrna Clerk accuses Town Manager of 'bullying and belittling behaviors'

Smyrna Town Court Clerk Lisa Brewer emerged as the second elected official to accuse Town Manager Brian Hercules of intimidation.

Brewer sent a Nov. 2 email with "Formal Complaint" in the subject line to Smyrna Mayor Mary Esther Reed about the "bullying and belittling behaviors" of Hercules and Assistant Town Manager Todd Spearman.

The email follows Smyrna Judge Brittany Stevens complaints, demanding an independent investigation of Hercules through a recent letter from her Nashville attorney Wesley Clark to Town Attorney Jeff Peach.

The letter accused the town manager of long-time intimidation over several years and recent retaliation toward the elected judge by recommending that the Town Council pursue a voter referendum process to eliminate the 30-year General Sessions Court she oversees.

Hercules responded Tuesday by asking the council to pursue an independent review of his administration to clear his name from what he contends are "baseless .complaints." The mayor asked the town attorney to search for a qualified law firm to enter into a contract with the council to complete the investigation.

The majority of the council also decided Tuesday to take the issue on whether to eliminate the General Sessions Court to a voter referendum March 5 during the presidential primary.

The proposed referendum will ask voters if Smyrna should transfer the criminal court that Hercules estimates to cost more than $900,000 to Rutherford County, which by law must provide General Sessions Court, he said.

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Complainants look for town action

The elected town court clerk's email mentioned being surprised that the mayor during an Oct. 26 council workshop suggested that no formal complaints had been made against Hercules.

"My assumption was after Judge Stevens and I raised issues with you about the behavior of the town manager back in June and you did not advise us to take any further action other than meeting with you, that this would have constituted our formal complaint," Brewer said in her Nov. 2 email to the mayor. "Our discussion at that time was about the behavior of the town manager, Brian Hercules, and Assistant Town Manager Todd Spearman."

Mayor Reed, in a statement emailed to The Daily News Journal, said her reference to a "formal complaint" during the recent Town Council workshop pertains to the government's Human Resources Department not having any formal complaints made against the town manager.

"From the email sent from Ms. Brewer this past week, it appears she is including herself as a town employee and not as an elected official," Reed said. "The town employee handbook is outside of the scope of any of the elected officials with the town."

The mayor's statement also noted that Brewer's emailed complaint made numerous accusations that span a long period of time prior to the recent issue of whether the town should retain General Sessions Court.

"Clerk Brewer had not sent previous communication with these allegations prior to this recent contentious council action," Reed said.

Brewer prior to winning her four-year term in August 2022 had been an employee under the direction of the town manager and assistant town manager for several years without filing a "complaint with our Human Resources Department during her employment," the mayor said.

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Hercules has said the town will retain the revenue generating Municipal Court for traffic and code violations with Stevens presiding until the council could appoint a judge after she completes her eight-year term she won August 2022.

Prior to winning her seat as judge, Stevens served as the elected town court clerk for six years.

The town manager would appoint a town court clerk by the end of the four-year term won by Brewer.

Both elected judicial officials will retain their salaries through their terms if the town eliminates the General Sessions Court, the mayor's statement noted.

Brewer contends Smyrna voters should retain their rights to choose judicial leaders to serve the people in a local General Sessions Court and Municipal Court.

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Brewer addresses 'bullying and belittling behaviors'

The town court clerk also questioned in her emailed complaint why the mayor wanted the town's top two managers to be present for discussions with Brewer and Judge Stevens on the behavior issues.

"You knew from our prior discussion that Judge Stevens and I planned to elaborate on several instances in which Mr. Hercules and Mr. Spearman's bullying and belittling behaviors would be discussed, placing the judge and I in a hostile work environment," Brewer said in her email to the mayor.

Brewer's emailed complaint suggested it was inappropriate to have Hercules and Spearman present and questioned why the town's Human Resources Department staff was excluded from being invited to the meeting given the previously expressed concerns about the behavior of management.

"I can't help but feel this was just another attempt to bully and intimidate us further," Brewer said. "We brought to your attention acts that we believe should have been a reason to initiate an investigation into the town management team."

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Mayor Reed stands by the meeting to find 'a positive way forward'

Mayor Reed's statement suggested the goal of the meeting she put together with the two elected judicial officials and top two town managers was "an attempt to bring the stakeholders together for the purpose of problem solving and finding a positive way forward."

Although Brewer's complaint email suggests opposition to such a meeting, Reed said Judge Stevens communicated to the mayor by saying, "Lisa and I think that is a great idea and are hopeful that we can work together to resolve these issues."

After the meeting, "all parties agreed they had been heard and would continue improving their working relationships for the benefit of the citizens of Smyrna," Reed's statement said.

"I was disappointed to find that Ms. Brewer no longer felt the same as she did immediately after our meeting with the administration," the mayor said. "If Clerk Brewer felt strongly that her concerns had not been addressed in our meeting, I don't understand why she would not have conveyed such at the following Town Council special meeting with the two elected courts officials and the entire Town Council membership."

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Brewer questions why her supervisory authority is challenged

Brewer's email also contends that the town should recognize her authority to supervise her court clerk employees rather than take a position that they report to the town manager.

"The deputy court clerks are deputies of the elected court clerk just like sheriff's deputies work for the elected sheriff and assistant prosecuting attorneys work for the elected district attorney general," said Brewer, adding that she does recognize that her clerks are employees of the town and must follow the town's handbook policies. "The clerk's deputies file and certify documents and issue subpoenas in the name of the elected court clerk. I was astonished that Mr. Hercules would tell me they are not under my direction."

Brewer said in her email that she attempted to advise Hercules that state law and the town charter gives her authority as the elected officer and department head to hire deputy court clerks.

"Mr. Hercules' assertions that the judge and I as directors (and females) cannot exercise the same privileges and authorities as any other directors within the town is clearly discriminatory," Brewer said in her formal complaint email to the mayor.

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Brewer's complaint email contends that Hercules "informed me I need to talk less and listen more."

Brewer's complaint also contends that Hercules made a vulgar reply by saying that her "email really (made him angry)" when she told him that she needed to change an employee's schedule by an hour to ensure the court was covered with deputy.

Hercules, Brewer said, informed her that the deputy court clerks would be directed by town management, "thereby attempting to strip me of my ability to supervise the deputies that represent the court."

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Brewer offended by 'Tweedledee and Tweedledum' comment

Brewer's email also told the mayor that Spearman failed to provide the town court clerk with notice about the in-house probation company ceasing to collect fines and court costs by the end of December 2022.

"My office was left having to deal with upset citizens calling in confused as to where they should pay, and the clerk's office had no idea," said Brewer, adding that state law dictates that she is personally liable for the collection of monies. "Therefore, any decisions made concerning collection of monies must come through me."

Brewer's email complained about Spearman's conduct prior to her winning her elected seat, while she was serving as a senior deputy court clerk.

"Mr. Spearman came into the office I shared with another senior deputy court clerk and told us he was moving our office and back out into 'Gen Pop,' this being a reference to us as two female employees (both over 40), being inmates in a jail," Brewer said.

"Mr. Spearman has referred to me and the individual I shared an office with at the time as, 'Tweedledee and Tweedledum.' As subordinates to Mr. Spearman at the time this occurred, it was my perception that he was referring to us as unintelligent. This was a humiliating and belittling bullying tactic."

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Complaint says Hercules sought to expand police to court area

In addition to sharing concerns about the behavior of management with the mayor, Brewer's complaint email said she's spoken to four other Smyrna officials: Peach, the town attorney, and elected Town Council members Steve Sullivan, Gerry Short and Racquel Peebles.

"This would mean that I have officially filed complaints a minimum of five times with the town and received no indication that any investigation would take place," Brewer said in her email to the mayor.

Brewer's email also questioned why the mayor characterized the concerns by the elected judicial officials as, "he said, she said."

"I was not aware that the mayor was the sole arbiter to determine the validity of complaints against the town manager," Brewer said in her email to Reed. "If this is indeed the case, it is no wonder you made the statement that there have been no formal complaints against the town manager by employees since you just summarily dismiss them."

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The complaint email also questions if the town council had already decided to eliminate General Sessions Court prior to the September workshop based on Hercules telling her there were plans to expand the police department into the court section of the Smyrna Justice Center.

"He even asked me how much of my office I could give up," Brewer said in her complaint email. "My perception of this statement is that it was contrived to injure me further."

Brewer contends she and the judge also were blocked from evaluating their employees.

"I believe the judge and I are the only department heads not allowed access to this (evaluation) software," Brewer said in her complaint email.

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Brewer shares concerns with staff

Brewer's complaint email mentioned that she had discussed the issues about management with new town staff attorney Jason King.

"He appeared shocked at town management's involvement with the court," Brewer said. "At the time, he led me to believe he would look into the situation for us, but he has subsequently never addressed the issue again. I can only assume he was given a stand down order from the town manager."

Brewer's complaint email also suggested that Councilman Sullivan had told her July 12 that he thought "the town manager should stay out of the supervision of the courts and let the judge and elected court clerk run their offices."

"This has been difficult for me personally because of my love for the town I live in and serve," Brewer said in her complaint email to Mayor Reed. "However, continued attempts by the town management to usurp the duties the state of Tennessee has dictated I perform, I have found it necessary to reach out to you previously to make a complaint."

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'He said something to the effect of, the council does what I tell them'

Brewer's complaint email also accused Spearman of telling her and a co-supervisor that management was changing the clerk's office hours from four 10-hour days to five 8-hour days "in order to make a certain employee over the age of 40 resign, which she subsequently did."

The complaint email also accused Spearman of directing her when she was a senior deputy court clerk and her co-supervisor not to discuss with then elected Town Court Clerk Stevens anything he discussed with the supervisors because "she wasn't over us."

Brewer's email also accused Hercules of being annoyed Dec. 5 to find out that she and the judge described having positive conversations with council members at a Dec. 2 luncheon.

"He then tried to intimidate us and demand which council members we spoke to," said Brewer, adding that Hercules also demanded to know if she and the judge had spoken to the mayor. "He said something to the effect of, the council does what I tell them."

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Reach reporter Scott Broden with news tips or questions by emailing him at sbroden@dnj.com. Follow his tweets on the X social media platform @ScottBroden. To support his work with The Daily News Journal, sign up for a digital subscription.

Referendum set on fate of Smyrna General Sessions Court

The Smyrna Town Council decided Tuesday to hold a March 5 referendum for Smyrna voters on whether the town should eliminate General Sessions Court and let Rutherford County handle these criminal cases. Early voting is set Feb. 14-27. Adult citizens who live in Smyrna and are yet to register to vote have until Feb. 5 to register with the Rutherford County Election Commission to vote in the referendum and presidential primary.

This article originally appeared on Murfreesboro Daily News Journal: Clerk accuses Smyrna Town Manager of 'bullying, belittling behaviors'