Smyrna Judge Brittany Stevens' lawyer demands investigation of Town Manager Brian Hercules

Smyrna Town Manager Brian Hercules should face an independent investigation for his treatment of Judge Brittany Stevens and others, her attorney contends.

"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," Nashville attorney Wesley Clark said in a letter he sent to Smyrna Town Attorney Jeff Peach.

"Bullying and intimidation do not belong in any workplace, including at the town of Smyrna where there is an anti-bullying policy that was adopted by the Town Council."

Much of the conflict ties in with the town manager recommending that the council pursue the elimination of the Smyrna General Sessions Court through a process that includes a proposed voter referendum during the March 5 presidential primary. Hercules reported to the council on Oct. 10 that the town can save more than $900,000 by getting rid of the criminal court and related police expenses to transport inmates from the Rutherford County jail in Murfreesboro to Smyrna.

The Hercules proposal would retain the revenue-generating Municipal Court overseen by Judge Stevens for traffic and code violations. The town manager's recommendation would transfer criminal cases to Rutherford County General Sessions Court at the Judicial Center in downtown Murfreesboro. The county, unlike the town, must provide this service by state law, Hercules said.

Judge Stevens, elected Smyrna Town Court Clerk Lisa Brewer, former Mayor Tony Dover and others spoke to the council Oct. 10 and disagreed with the budget numbers presented by Hercules.

Clark's letter demands for an independent investigation based on information mentioned by Judge Stevens and others during the Oct. 10 council meeting.

"There exists good cause to believe Mr. Hercules has engaged in conduct that violates state and federal anti-discrimination laws," Clark's letter said.

Peach, the council-appointed town attorney, provided the following statement about the letter in an email to The Daily News Journal:

"As it concerns the allegations posed against the town manager in the attorney’s demand letter, the full membership of the council has not had an opportunity to review its contents," Peach said. "Therefore, further comment is not proper at the time of this communication."

'We were blindsided with numbers': Smyrna judge upset by town leaders seeking to end court

Judge Stevens: 'The town manager continues to try and intimidate us'

Stevens during the Oct. 10 meeting questioned the timing of the council proposing to eliminate General Sessions Court after going through budget planning with the judge in the spring without mentioning the issue prior to the week of May 22.

"I left for vacation and unbeknownst to me, town management moved my assistant from her office to a workstation in the hallway area," the judge told the council. "Do you realize we have confidential files like search warrants in murder and rape cases that need to be secure? This is a major liability."

When the judge returned from vacation May 30, Stevens said she and the town manager had a phone conversation "regarding my assistant sneakily being removed from her office, which led to a heated disagreement."

"Curiously, later that same day, the mayor sent an urgent email calling for a special meeting to discuss the court," said Stevens, who won her eight-year term August 2022 after serving six years as the elected town court clerk.

Judge Stevens said she and Brewer thought the meeting would be about establishing boundaries between the appointed town manager and two elected judicial officials.

"Instead, we were blindsided with numbers presented to the council that we had never seen before − and that were wrong," Judge Stevens said. "No one asked us for input on these numbers, and we could not get a copy for days. However, I must say when six of the seven council members walked in the room single file from the town manager's office, I knew something was up."

Stevens also said she requested a private meeting with Mayor Mary Esther Reed on June 30, and they discussed "harassment, hostile work environment and other concerns" the elected judicial officials continue to have with the town manager's office.

"I complained how the town manager continues to try and intimidate us and threaten to shut the court down just like he has for the past five years any time someone questions or challenges him, and I have expressed that to several of you," the judge told the council. "I told the mayor this came out of nowhere and was retaliation for me standing up to the town manager (on May 30)."

'Citizens should be involved': Smyrna officials divided over General Sessions Court status

Town manager accused of calling Stevens a 'blond Barbie that couldn't do math'

In addition to Judge Stevens questioning the conduct of Hercules on Oct. 10, former Smyrna employee David Fielder spoke to the council about the town manager.

"He referred to Brittany Stevens as a blond Barbie that couldn't do math," Fielder told the council.

Fielder after the meeting said he heard Hercules say the Barbie comment with several other people in the room at the time. A former IT professional for the local government from 2018 to 2021, Fielder also previously worked on an audit of the town's court system before resigning.

"I loved working here − until I had enough of the new management and Brian Hercules − just like so many other longtime employees who left for the very same reason," Fielder said. "If you don't know Brian, he would frequently yell at people, loses his temper and try to intimidate employees and then immediately laugh about it."

Criminal court expenses: Smyrna General Sessions Court lost $600K in 2018

Mother of judge defends daughter

The council also heard the judge's mother, Sherri Stevens, complain about the way Hercules had spoken to her daughter on the phone.

"The way Brian Hercules has talked to my daughter the past five years and made repeated threats to shut down the court is unbelievable," said Sherri Stevens, a professor training students pursuing degrees in nursing at Middle Tennessee State University. “If someone where I work treated people the way this man treats people, he would be fired. Why you are not concerned about the mistreatment of people is beyond me.”

The mother said the issue is not about the money for General Sessions Court.

“This is about the way you treat people," Sherri Stevens said. "If you vote for this (referendum proposal on eliminating General Sessions Court) tonight, you are making it very clear that you approve of the lies being told and that you approve of the way town employees have been treated.”

When not speaking to the council at the lectern, the judge sat by her mother and father, Larry Stevens, in audience seats during the meeting.

The judge's brother, state Rep. Robert Stevens, R-Smyrna, also attended the meeting in support of his sister. The brother previously served as president of the Rotary Club of Smyrna and was a 12-year elected member of the Rutherford County Commission prior to winning his state lawmaker seat August 2022.

It’s an honor to be elected': Robert Stevens claims win as newest TN lawmaker representing Rutherford County

Councilman Steve Sullivan: Council can only take action with town manager after formal complaint

Councilman Steve Sullivan responded to the Oct. 10 public hearing comments by calling for the unanimous 7-0 vote to defer a decision until November on whether to hold a March 5 voter referendum on the General Sessions Court issue.

Sullivan described some of the public hearing comments as being "vitriol."

The following day after the meeting, Sullivan said he wanted more time to examine some of the complaints made, including accusations against the town manager. The councilman said he had learned from Smyrna Human Resources Director Jeff Craig and the town attorney that there had been no formal complaints made against Hercules with the town's Human Resources Department, the U.S. Equal Employment Opportunity Commission (EEOC) or through any lawsuits.

"All confirmed that has not happened," Sullivan said.

Town leaders only can take action on officials they oversee if people file formal complaints with investigation findings that concern the council, Sullivan said.

Smyrna road project: Town widens Sam Ridley Parkway

Sullivan: 'Brian does an excellent job as the town manager'

Council members sometimes hear from disgruntled employees upset because the town manager told them no to a promotion or a desired office, Sullivan said.

The town manager has a difficult job that sometimes involves doing things people don't like, Sullivan said.

"Brian does an excellent job as the town manager," Sullivan said Oct. 11.

Sullivan also described the judge's complaint about her assistant's work station being exposed to an unsecured hallway location as "misinformation."

"The entire area is behind closed doors," Sullivan said.

The Smyrna government's policy only allows supervisors to have offices, Sullivan said, so Hercules was protecting the town from a potential EEOC complaint after the town manager previously denied a request to an employee who is an African American, which is a federally protected class, to have the office.

Seeking connection to Interstate 24: Smyrna's Enon Springs Road extension could help renew traction for I-24 interchange

Judge's attorney says town manager's actions 'reeks of retaliation'

The judge's attorney said in his letter that Stevens conveyed her concerns in protected speech about the independence of the judiciary and the rights of employees at the General Sessions Court.

"This certainly has all the trimmings of retaliation, especially because two minutes before the May 30 phone call, the town attorney’s office sent an email to Judge Stevens about the possibility of expanding General Sessions (Court) to create a recovery court (alternative sentencing to stay out of jail for those with addiction or alcohol related nonviolent offenses) in Smyrna," Clark's letter said. "Going from expansion to elimination within a matter of hours reeks of retaliation and must be investigated."

Clark's letter also suggested the council after hearing the Oct. 10 complaints "has failed to act on its fiduciary obligation to determine the validity of these matters"

"Disturbingly, it was also revealed at the October 10 council meeting that numerous employees have approached council members about these allegations," Clark said in his letter. "We need to know what action has been taken on these complaints and if Mr. Hercules has even been advised of and/or counseled on them."

The letter also asserts that outside counsel is necessary to ensure an investigation is done fairly.

"Every current employee should be interviewed without fear of retaliation, as should all former employees, current and former contractors, and citizens who come forward with relevant experiences," said Clark's letter, who also advised that pseudonyms should be used to protect people from future retaliation.

"Additionally, the investigation should include a detailed interview of each member of the Town Council to determine what he or she knew about these allegations, what he or she did about them, and when he or she became aware. This independent investigation should still take place even in the event Mr. Hercules ceases to be employed with the town of Smyrna. We need to understand everyone’s experiences, and what will be done to correct any issues that may be discovered."

Veterans (Recovery) Court graduation: After years of alcohol abuse, veteran looks to help others change lives

Judge's attorney questions if council operates in Sunshine Law

Clark's letter also questioned if the elected government officials met in private executive session without public notice to discuss plans to eliminate the town's criminal court based on a comment from Oct. 10 meeting.

"Councilman Sullivan mentioned discussions the town council had about the court in an executive session 'immediately after' the council retreat in April," Clark said in his letter. "Was this meeting properly noticed? Who was present? Were the court officials consulted or advised that such a meeting was happening? We need to verify that there were no violations of the Sunshine Law when/if the council did meet to discuss issues surrounding the town court."

Clark's letter also said that executive sessions can only be held for pending litigation.

"Judge Stevens was certainly not aware of any litigation pertaining to the town court six months ago," Clark's letter said. "We need to know whether the correct process was followed or if there was an illegal meeting concerning the government of the town of Smyrna."

Peach, the Smyrna town attorney, said Sullivan's use of the term executive session was inadvertent.

"The councilman was referencing the last hour of the council retreat, in which annual goals and objectives for the town manager’s annual review are discussed with the H.R. Director, Jeff Craig," Peach said. "The term 'executive session' in the municipal genre does usually reference a closed meeting with legal counsel for the purposes of litigation. No such meeting with legal counsel transpired. The town council retreat of 2023 was advertised and was open to the general public."

Clark said Tuesday an independent investigation can determine what Sullivan meant by executive session.

"The people of Smyrna deserve to have an impartial independent investigation, and they deserve to have a council and a judge and elected officials that are unencumbered by the potential bullying by an unelected town manager," Clark said.

Town has new leader in 2018: Smyrna Town Council hires Brian Hercules to be town manager

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.

Smyrna's elected officials

• Mayor: Mary Esther Reed, reelected unopposed to four-year term November 2022

• Council members reelected to four-year terms November 2022: Marc Adkins, the vice mayor; H.G. Cole Jr.; and Gerry Short

• Council members reelected to four-year terms November 2020: Racquel Peebles; Tim Morrell; and Steve Sullivan

• Town judge elected to eight-year term August 2022: Brittany Stevens

• Town court clerk elected to four-year term August 2022: Lisa Brewer

Source: Rutherford County Election Commission

About the judge's attorney

Wesley Clark is one of the Nashville attorneys who won a class-action lawsuit against Rutherford County for illegally incarcerating children at the Juvenile Detention Center on minor misdemeanor charges. Tennessee law strictly prohibits the pretrial incarceration of children unless they are being charged with a violent felony, a weapons offense or a probation violation, according the lawsuit.

Clark also won a federal appeals court ruling earlier this year rejecting a qualified immunity status for Rutherford County Sheriff Mike Fitzhugh for his role in a false arrest "Operation Candy Crush" case in 2018 involving store owners. Most store owners accepted settlements. Plaintiff James Swain Rieves, however, continued his case against the county and Smyrna after being charged by the town's police force with selling a CBD candy product not proven to be an illegal drug. The case is set for trial starting at 9 a.m. Feb. 6, 2024, before U.S. District Court Judge Aleta A. Trauger in Nashville.

Source: Federal court records

This article originally appeared on Murfreesboro Daily News Journal: Smyrna judge's attorney letter demands investigation of town manager