'Doing a great job': Complaints contrast with evaluations of Smyrna town manager
Smyrna Town Manager Brian Hercules, who is facing accusations of bullying behavior toward elected court officials, received positive performance evaluations from council, which starkly contrast with recent complaints.
A proposed internal investigation of the complaints is pending.
The Smyrna Town Council gave Hercules high performance review scores on five performance evaluations since hiring him in 2018.
Hercules requested the council led by Mayor Mary Esther Reed appoint an independent review of his administration to clear him following written complaints about his conduct toward at least two elected judicial officials:
Town Judge Brittany Stevens demands an independent investigation, according to a letter from her Nashville attorney Wesley Clark sent to Smyrna Town Attorney Jeff Peach. She accuses Hercules of retaliation for standing up to him for "intimidating" actions toward her and her staff.
Town Court Clerk Lisa Brewer, through an email she sent to the mayor, accuses Hercules and Assistant Town Manager Todd Spearman of bullying.
The judicial officials question the conduct of Hercules in convincing the council to pursue a March 5 voter referendum process to eliminate the town's local General Sessions Court.
Both elected judicial officials offer a much different view of Hercules than what the council and mayor have said through five anonymous annual evaluations of his performance as town manager, documents obtained from an open records request from The Daily News Journal show.
The council's favorable view of Hercules is reflected in his pay, going from an annual salary of $135,000 starting July 1, 2018, to $201,058 for this fiscal year, based on performance evaluation completed fall 2022, town records show. Council meeting minutes mention the decisions to provide the town manager with raises based on annual performance review scores but exclude details from discussions.
The town manager's annual performance evaluation is a publicized open meeting, but is not recorded by audio or video means, Smyrna Town Clerk Amber Hobbs said.
Much of the conflict between judicial officials and Hercules ties to the status of the General Sessions Court. The town manager and the council in a 5-2 vote contend the costs for the General Sessions Court criminal cases is a duplication of services that by state law must be provided by county government instead.
The majority of the council wants the warrants and preliminary hearings for criminal cases to be moved to the General Sessions Courts at the Rutherford County Judicial Center in downtown Murfreesboro. The Judicial Center also provides courtrooms for Circuit Court judges to preside over trials for criminal and civil cases.
Council members Racquel Peebles and Gerry Short opposed and expressed concerns about eliminating the local General Sessions Court after voters elected both judicial officials in 2022.
Conflict over Smyrna criminal court: Smyrna Judge Brittany Stevens' lawyer demands investigation of Town Manager Brian Hercules
The plan recommended by Hercules, however, would keep the judge and court clerk involved through the terms they won, while collecting their annual salaries by the town retaining the revenue-generating Municipal Court for traffic and code violations.
Stevens won an eight-year term August 2022 and earns a salary of $121,360. Brewer won a four-year term in the same election and her salary is $88,056.
Once the terms would end, the town manager would appoint a full-time town court clerk, and the council would appoint a part-time judge to preside over Municipal Court, Hercules said.
Hercules, in asking for an independent review, said his management style should not be a distraction on General Sessions Court issue.
The council possibly could be appointing an independent law firm to conduct an investigation when the elected officials meet next at 5 p.m. Dec. 12 at Smyrna Town Hall.
Pending investigation: Smyrna Clerk accuses Town Manager Brian Hercules of 'bullying and belittling behaviors'
The council awaits the outcome of the referendum. Voters who live inside Smyrna's boundaries will tell the council whether the town should eliminate or retain local General Sessions Court.
Eliminating the General Sessions Court also requires majority approval by the Tennessee General Assembly and a final two-thirds majority vote by the council.
'Citizens should be involved': 'Citizens should be involved': Smyrna officials divided over General Sessions Court status
From 2018 to 2023, Hercules received glowing reviews from the council.
Council evaluation of Hercules for 2018-2023
The first fiscal year evaluation for the performance of Hercules from July 1, 2018, to June 30, 2019, has six anonymous comments offering praise from council members about Hercules, including the following:
"Brian is doing a great job! I felt that he would be a good fit when we hired him but had no idea how effective he would be. Brian’s work ethic and commitment to the town of Smyrna is unmatched."
The council expresses its confidence in Hercules moving projects forward and ensuring a sound financial foundation in Smyrna in the anonymous evaluation. A council member states his "understand(ing) of the needs of employees is immeasurable."
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Only one anonymous council member disagreed to the first-year evaluation question asking the following question: "Does the town manager generally make a positive impression on citizens and (is) respected in Smyrna?" The other six elected officials strongly agreed.
One council member gave a "disagree" response to the 2018-19 evaluation question: "Does the town manager inform council of significant changes in personnel such as hiring decisions, terminations or disciplinary action of management level personnel?" Five council members strongly agreed.
Hercules previously worked for the local Chamber of Commerce as a vice president overseeing economic development efforts to attract businesses to Rutherford County.
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Over the years, Hercules continues to garner similar praise from council members.
In his 2019-20 evaluation a council member stated that he "continue(s) to show putting our citizens and employees first, which is a priority for our council. I am glad we have brought the assistant town managers on board so that it will free up some of your time so that you can continue to foster relationships at the state and federal level, as well as with local business and industry."
In his 2022-23 evaluation, council members approved of Hercules performance in making cosmetic improvements to downtown, such as sidewalks and turn lanes, implementing town plans and procedures and working on relationship building in the Middle Tennessee region. One called his performance "outstanding."
"He has worked really hard this year taking a deep dive into many departments to make sure they are being run as efficiently as possible," a council member said.
Complaints pending
In contrast, Judge Brittany Stevens and Town Court Clerk Lisa Brewer say their experience has been the opposite.
"Mr. Hercules has a history of shouting, harassment, losing his temper, and trying to intimidate Judge Stevens and apparently many others who are either currently employed with the town or who have left, including a strikingly disproportionate number of women," Stevens' Nashville attorney Wesley Clark said in a letter he sent to Smyrna Town Attorney Jeff Peach.
On Oct. 10, former Smyrna employee David Fielder spoke to the council about Hercules.
"He referred to Brittany Stevens as a blond Barbie that couldn't do math," Fielder told the council.
Smyrna Town Court Clerk Brewer calls his behavior "bullying and belittling" in a complaint email sent to the mayor.
Brewer contends that Hercules "informed me I need to talk less and listen more," in the email.
"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," she said.
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 in November to hold a March 5 referendum during the presidential primary 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 U.S. 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. Citizens who live outside Smyrna face the same Feb. 5 voter registration deadline to participate in the presidential primary.
This article originally appeared on Murfreesboro Daily News Journal: Complaints of Smyrna town manager contrast with council evaluations
