Former Smyrna employee, town resident lodge complaints against Town Manager Brian Hercules
A former Smyrna manager and town resident have both lodged complaints against Town Manager Brian Hercules, records show.
Attorneys representing elected Town Court Judge Brittany Stevens obtained public emails about the complaints that were sent to elected Smyrna Town Council members in October and November, and provided copies to The Daily News Journal.
October emails to the elected officials came from a former 16-year manager who left Smyrna a year after Hercules accepted the town manager job in 2018. The Daily News Journal is withholding the names of people who sent emailed complaints to protect them from possible retaliation.
"The anger and domineering leadership style of Mr. Hercules is beyond what any employee should receive," the former manager said in October emails. "And I realize I'm not the only one who has chosen to move on due to his unprofessional and unwarranted actions."
In a letter from Nashville attorney Wesley Clark, Stevens has demanded that the Town Council pursue an independent investigation of Hercules that keeps witnesses anonymous in any documented findings. The letter accuses Hercules of intimidation and retaliation against the judge for standing up to him about how she manages her court staff.
Much of the recent conflict involves Hercules persuading the council in a 5-2 vote to pursue a March 5 referendum process asking voters if the government should eliminate the General Sessions Court for criminal cases that Stevens presides over at the Smyrna Justice Center.
In addition to the judge's complaints, elected Smyrna Town Court Clerk Lisa Brewer emailed a complaint to Mayor Mary Esther Reed accusing Hercules and Assistant Town Manager Todd Spearman of "bullying and belittling behaviors."
The town manager has requested an independent review of the allegations, made during recent Town Council meetings, and such a review will be completed upon an approved agreement and engagement with a third-party law firm, Smyrna spokeswoman Heather Kent said.
Smyrna Town Attorney Jeff Peach advised the council during a Thursday workshop to use the government's contracted law firm Littler Mendelson P.C. for the independent review of the allegations against the town manager. The council will meet with firm members to ask questions about the legal services to investigate labor and employer issues in private executive session at 3 p.m. Jan. 3, Peach said. He expects the firm to meet with those making complaints and others in January.
The mayor and other council members have provided Hercules with favorable annual performance evaluations and pay raises that boosted his salary from $135,000 when he started on July 1, 2018 to $201,058 during the current fiscal year that began July 1. The town has no audio and video records of the council's evaluations of Hercules, and the written minutes of the meetings only describe the raises based on the performance evaluations that exclude mention of any concerns.
Government conflict: Smyrna Judge Brittany Stevens' lawyer demands investigation of Town Manager Brian Hercules
Mayor questions former manager's complaint
The complaint from the former 16-year manager described the town providing an amazing place to work for 15 years before the council appointed Hercules as town manager.
"I couldn't have worked for a better place," the former manager said in the emails to council members. "I loved working for the citizens, all of the departments, as well as the council. During my 16th year − while I still enjoyed working for the citizens and all departments − the leadership in the town manager position completely changed for the worse. That's when Mr. Hercules filled that role. That's why I decided to resign from my position with the town of Smyrna."
Mayor Reed replied to the former manager by saying the email caught her, "a little off guard."
"We have communicated a couple of times since you left the town about letters of reference from me, and you never said anything about this before," Reed responded.
The mayor also asked if the former manager had completed an exit interview with Human Resources.
"It is important to us to receive the information in a timely manner from HR, so that if there is an issue, we can address it while the allegations are fresh in the mind of our employees," Reed said in her reply. "I will reach out to HR to find out if they have any of your concerns recorded, and I want to learn what actions were taken by them at the time."
The former manager recalled that Hercules was present for the exit interview.
"So there wasn’t any discussion about the leadership style," the former manager said. "I felt bullied, and his leadership style is not one that any employee should endure."
'Doing a great job': Complaints contrast with council evaluations of Smyrna town manager
Councilman Steve Sullivan questions former manager
Councilman Steve Sullivan responded to the former manager's email by asking why the issues weren't brought up sooner.
"In the years that Brian has been at the town of Smyrna, we have had (zero) formal HR complaints, (zero) EEOC (U.S. Equal Employment Opportunity Commission) complaints, (zero) lawsuits filed," Sullivan said in his reply to the former manager. "It's very hard for the council to respond if no one followed these processes."
The former manager replied to Sullivan by saying the decision to vacate the Smyrna job was about leaving "the negative behind."
"It was better for me to leave with my integrity than to stay and get bullied by a person who wants to have absolute control over everything around him," the former manager told Sullivan. "I felt this was an appropriate time to share my experience with the Town Council. I know there have been some heated conversations regarding General Sessions Court. It's not a fiscal issue. It's a control issue. It appears that the town manager wants to dissolve things he can't control, and he's prepared to use his authority to get his way, no matter who is in his path."
Sullivan and the former manager recorded several more exchanges, with Sullivan stressing that the council has to have formal complaints to investigate claims and protect employees, and the former manager recalling off-the-record conversations with HR staffers about Hercules pretty early in the town manager's career.
Another complaint on management: Smyrna Town Court Clerk Lisa Brewer accuses Town Manager Brian Hercules of 'bullying and belittling behaviors'
Hercules faced 'counseling sessions' from Town Council
One of Sullivan's replies to the former manager also mentioned that he's heard about past issues with the town manager from two employees, and this led to discussion and counseling sessions as part of Hercules' performance review in 2020.
"From our perspective and what we have witnessed since that discussion, he has toned down his responses to challenges, and we have (had) no further complaints," Sullivan said. "Of course, without the proper process, none of this was investigated beyond me asking questions nor is any of it documented."
Smyrna Vice Mayor Marc Adkins told the former manager that Hercules "has progressed with some of those concerns that happened by his demeanor and behavior."
"I am not defending him, whatsoever, only making the point that he has improved since discussions at our evaluations with him regarding this have evolved," Adkins said. "Brian works extremely hard, harder than any other manager I've ever been affiliated with. Other managers also had their shortcomings, as we all do. His hard work doesn't give him the right to be berative, etc., and we have expressed it."
Adkins also apologized to the former manager for having endured Hercules' "aggressive side."
Brian Hercules seeks to clear name: Smyrna town manager asks for independent review of 'bullying' complaints by elected officials
Resident upset by Hercules phone call
In a separate exchange, Smyrna council members received a Nov. 1 email from a resident issuing a complaint against Hercules. The resident described a phone call she made a year ago to the Smyrna Street Department, asking for pothole repairs on Almaville Road.
"I left a message, and Brian Hercules called me back," the resident said. "After I explained my concern of how dangerous it was when drivers (myself included) dodged those potholes to prevent damage to our vehicles, he then proceeded into a very loud, unprofessional and condescending tirade saying, 'Let me just run out and do that for you.'
"I stated I was sure I was not the only person complaining about those potholes, and he replied, 'We have no money or employees to do that.'"
The call ended at that point, the resident said, noting that she was, "completely appalled at how I was treated."
The resident said she called the Smyrna Street Department again a day or two later, "and spoke to a very nice female employee."
The Street Department did provide a temporary repair of the potholes within 10 days, but "a permanent fix has not been applied."
The resident ended her email by asking for an investigation into the town manager's behavior and suggesting that he may need "anger management."
Pending investigation will proceed referendum on court issue
The investigation of the allegations against the town manager will take place prior to a March 5 referendum asking Smyrna voters if they want to eliminate or retain General Sessions Court.
Hercules and most of the council members say General Sessions Court is a duplication of taxpayer services that the county must provide, according to state law. Criminal cases and costs Hercules estimates to be more than $900,000 would relocate to General Sessions Courts at the Rutherford County Judicial Center in downtown Murfreesboro, should the referendum be successful.
Others, including Stevens and Brewer, disagree with the town manager's cost estimates, and contend the town residents and police force benefit by having a local General Sessions Court.
'Citizens should be involved': Smyrna officials divided over General Sessions Court status
The plan recommended by Hercules would keep the revenue-generating Municipal Court for traffic and code violations. Stevens would continue to preside over Municipal Court and collect her current annual salary of $121,360 until the eight-year term she won in August 2022 ends. The council would then appoint a part-time judge, Hercules said.
Brewer also would continue to collect her current annual salary of $88,056 until the four-year term she won in August 2022 ends. The town manager would then appoint a full-time Municipal Court clerk, Hercules 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 formerly known as Twitter @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 recently to hold a March 5 referendum for voters who live within Smyrna's boundaries to decide if the town should eliminate General Sessions Court and let Rutherford County handle its criminal cases. Early voting is set Feb. 14-27. Adults who live in Smyrna and are not yet registered to vote have until Feb. 5 to register with the Rutherford County Election Commission in order to cast ballots in the referendum and presidential primary. Residents outside of Smyrna have the same registration deadline to vote in the primary for president, and local offices for school board seats, Rutherford County property assessor and county highway superintendent.
This article originally appeared on Murfreesboro Daily News Journal: Smyrna town manager under fire in two separate complaints
