Ex-administrator sues Memphis Council chair for wrongful firing, misuse of funds
By: Annie Goldman
Memphis City Council‘s former chief administrative officer is suing the Council and Chairwoman Jana Swearengen-Washington, alleging she misused City of Memphis funds and used her position to benefit her family, according to the lawsuit obtained by The Commercial Appeal.
Brooke Hyman filed a $1 million lawsuit in Shelby County Chancery Court on Nov. 2. Hyman alleges Swearengen-Washington engaged in or attempted to engage in illegal activities while serving as the Council’s chair, and wrongfully fired her.
Hyman was in the chief administrative officer position up until May 12, according to court filings. She said that when Swearengen-Washington was elected leader of the Council, she began attempting to misuse City of Memphis funds and engage in other illegal behavior.
Hyman also claims Swearengen-Washington fired her after she brought concerns to City leaders, and is seeking compensatory and punitive damages, along with being reinstated to her job, in the lawsuit. The lawsuit was first reported by the Daily Memphian.
Swearengen-Washington did not immediately respond to requests for comment.
Alleged misuse of city funds
The lawsuit lists a handful of incidents where Swearengen-Washington allegedly attempted to use or used City money for non-Council matters, some of which Hyman was asked to assist with.
Hyman claims Swearengen-Washington requested that she order food for her husband with City funds and remove items from her office for use at her church.
In another instance, Hyman alleges Swearengen-Washington sought to secure an event space with the use of City Council discounts, but didn’t open the event to all members of City Council. At another time, Hyman says Swearengen-Washington attempted to secure funding for her sister’s hotel room and travel.
The events are alleged to have started when Swearengen-Washington assumed the role of Chair at the start of the year, but not all allegations have a clear timeframe associated with them.
Hyman also says Swearengen-Washington requested her help with personal matters, including making personal reservations or helping with personal travel. The Chair also attempted to keep City vehicles for personal use at her home overnight, according to Hyman.
“Chairwoman Swearengen-Washington frequently used governmental resources for her own personal benefit and the benefit of her church, family, and friends,” the lawsuit reads.
Involvement with staffing
Swearengen-Washington attempted to secure employment for her niece, Ebony Howard, with a position in the City Council’s office, according to the lawsuit. Councilman JB Smiley Jr., who was the Chair at the time, supposedly supported Swearengen-Washington’s request.
Hyman says she identified this as a “serious ethical concern and conflict of interest,” but Smiley asked the City’s Chief Administrative Officer, Antonio Adams, to facilitate the hiring of Howard in the city’s Information Technology Division.
According to Hyman, Swearengen-Washington tried to advance Howard’s career in other ways, specifically by asking all directors and chiefs to meet with her, and by asking staff members to reserve parking for Howard at City Hall.
The complaint also says Swearengen-Washington designated Deputy Chief Administrative Officer Ashleigh Hayes as her primary staff instead of Hyman. It also claims Swearengen-Washington’s daughter is employed at Hayes’ Pilates studio.
Hayes took leave periodically over an 18-month stretch to run her studio and teach classes at the encouragement of Swearengen-Washington, but never used official channels to request leave, according to the complaint. And after Hayes left the City, she received a payout of unused paid time off, which Hyman is alleging should not have been available to her.
Hyman said she communicated concerns of theft of time from the City with Swearengen-Washington while Hayes was still employed with the City.
Hyman said she reported many of her complaints to City Council Attorney Allan Wade and Mayor Paul Young.
She claims Swearengen-Washington fired her in retaliation for submitting those complaints, and is seeking $1 million in total damages.
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