Smyrna Town Manager asks for independent review of 'bullying' complaints by elected officials

Smyrna Town Manager Brian Hercules asked the Town Council Tuesday to pursue an independent review of his office following what he claims are "baseless complaints" from two elected officials.

Hercules said the "complaints about me" are unrelated to the key issue of his recommendation for the council to pursue a referendum process to eliminate the town's General Sessions Court for criminal cases that can be handled by Rutherford County judges but keep the Smyrna Municipal Court for traffic and code violations.

Brian Hercules
Brian Hercules

Hercules has faced written complaints from two elected judicial officials accusing him of bullying, intimidation and retaliation by recommending the elimination of the 30-year General Sessions Court.

Town Judge Brittany Stevens through her Nashville attorney Wesley Clark sent a letter to Town Attorney Jeff Peach to demand an independent investigation of Hercules.

Judge Brittany Stevens presides over Smyrna’s General Session Court on Tuesday, Oct. 24, 2023.
Judge Brittany Stevens presides over Smyrna’s General Session Court on Tuesday, Oct. 24, 2023.

Town Court Clerk Lisa Brewer sent an email with "Formal Complaint" in the subject line to Mayor Mary Esther Reed.

Smyrna Town Court Clerk Lisa Brewer on Tuesday, Oct. 24, 2023.
Smyrna Town Court Clerk Lisa Brewer on Tuesday, Oct. 24, 2023.

The complaints follow Hercules recommending the town government pursue a process that includes a council-approved March 5 voter referendum to ask Smyrna voters if the the town government should eliminate the town's General Sessions Court.

Hercules estimates the General Sessions Court is costing more than $900,000 to operate while the Municipal Court generates revenues for the town.

The two courts combined generated a net revenue increase of as $144,954 for the town the previous fiscal year, according to the the town manager's latest report, Brewer said recently.

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

The mayor asked Peach, the town attorney, to pursue people qualified to provide the independent review of the town manager's office. Peach replied saying he'll contact a law firm that can complete an investigation and recommend a contract to the council for the independent services by December.

Reed agreed with Hercules that the complaints do not "have anything to do with finances of the court."

Councilman Steve Sullivan told Hercules that he "hates" what has happened with the complaints and appreciates the request for "scrutiny to clear your name."

Sullivan described the complaints related to the court, including anonymous ones, as "ticky-tack."

"There is two sides to every story," Sullivan said. "It's not retaliation."

Steve Sullivan
Steve Sullivan

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

Hercules provides statement about complaints

Hercules responded to a request for comment with the following statement sent to The Daily News Journal:

"At last night's council meeting, I requested an independent review of my conduct and actions as town manager in an effort to clear my name. I am grateful for the council's approval.

"During my six-year tenure as town manager, no formal complaints have been filed against me. However, unfounded accusations from individuals not employed by the town of Smyrna recently emerged. These allegations came to light after the council tasked me with evaluating the impact of the Smyrna General Sessions Court on our town budget, subsequently leading to council discussions about the court's potential return to Rutherford County.

"Regrettably, these allegations have become public and received media coverage. I eagerly await the upcoming review and welcome the opportunity to clear my name."

Town leadership: Brian Hercules accepts job as Smyrna town manager

Plan would move criminal cases to courts in downtown Murfreesboro

Hercules and the mayor have described the 30-year Smyrna General Sessions Court as a duplication of taxpayer services already provided by Rutherford County as a requirement of state law.

The town manager recommends that criminal cases transfer to General Sessions Courts at the Rutherford County Judicial Center in downtown Murfreesboro.

Town manager accused of retaliation: Smyrna Judge Brittany Stevens' lawyer demands investigation of Town Manager Brian Hercules

Hercules and the mayor have said the town's judge and town court clerk will be able to complete the terms they won in August 2022 and collect their salaries if the council eliminates Smyrna General Sessions Court but keeps Municipal Court.

Judge Stevens won an eight-year term that ends after August 2030. Her full-time pay at this time is $121,360. If the town eliminates General Sessions Court, the council would appoint a part-time Municipal Court judge after Stevens completes her term, Hercules said.

Brewer won a four-year term that ends after August 2026. Her full-time pay at this time is $88,056. The town manager would appoint a full-time town court clerk after Brewer completes her term, should the town discontinue General Sessions Court, Hercules said.

'Bullying and belittling behaviors': Smyrna Town Court Clerk Lisa Brewer sends 'Formal Complaint' email to mayor about 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.

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 the 30-year 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: Smyrna Town Manager accused of 'bullying' asks for independent review