Lawsuit: 2 complainants say Rob Mitchell planned to cut their pay

A new lawsuit accuses Rutherford County Property Assessor Rob Mitchell of retaliating against two employees who made complaints by an initial plan to cut their pay .

Richard Kincade filed a Rutherford County Ethics Committee complaint June 17, and John Key filed a conflict of interest complaint June 26 with Rutherford County Attorney Nick Christiansen.

Both property assessor appraisers filed their lawsuit against the county government with local Circuit Court July 17. That was the same day the Ethics Committee voted 5-0 to ask District Attorney General Jennings Jones and the Tennessee Comptroller's Office to investigate the issues.

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Kincade and Key each seek $1 million in compensatory damages for humiliation, harassment, mental anguish, front pay and attorney fees.

"Shortly after the filing of complaints, both plaintiffs began to experience targeted and specific harassment and retaliation from Rob Mitchell and subordinates in his office who reported directly to him," states a lawsuit prepared by Murfreesboro attorneys Brock East and Benjamin Lewis.

"Most egregiously, plaintiffs learned recently through an open records request that Rob Mitchell attempted in late June of 2024 to decrease both plaintiffs salary while giving every other employee of the property assessor's office a raise."

The Daily News Journal awaits a response from Mitchell about the lawsuit after leaving email, phone and text messages for him.

Mitchell faces another complaint: 2nd complaint outlines 'conflict of interest' in Rutherford Co. Property Assessor Office

Public records reveal initial pay cut plan

Emails between Mitchell and Rutherford County Finance Director Michael Smith show that the property assessor had planned to reduce the pay of plaintiffs Richard Kincade and John Key by 1.28%, according to public records obtained by The Daily News Journal.

"Just to confirm, you are reducing two individuals’ salaries," Smith said in a June 28 email to Mitchell. "We don’t get many reductions so just want to confirm."

"Oh no. no one is getting a reduction. Which two?" Mitchell asked Smith in a June 29 email reply.

"It looks like Kincade and Key are getting a slight reduction," Smith said in a June 30 email to Mitchell.

Mitchell replied back July 1 by telling the finance director that Key and Kincade should each be getting a new base annual pay of $51,101, which would be a 6% raise to match what most of the property assessor employees are getting.

The Rutherford County Commission recently approved a 6% raise for government employees .

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Initial pay plan gave supervisor a 21.08% pay hike

The initial plan also would have given former residential valuation coordinator Chance Baker a 21.08% raise to supervise appraisers. Baker is mentioned in both employee complaints pertaining to conflict of interest involving real estate.

Baker's initial pay plan raise that followed the complaints would have provided an annual base pay of $74,916, according to the email exchanges with the finance director.

Mitchell after hearing from the county finance director adjusted the plan by instructing Smith to give Baker a base annual pay of $66,268, which is slightly above a 7% boost in pay from his previous annual base pay of $61,872.

"I’m not sure where the mix up with Chance Baker was," Mitchell said in his July 1 reply to Smith.

Public records: TN Comptroller questions Rutherford improved properties left off appraisals

Mitchell: Baker resigns

Mitchell confirmed after the July 17 ethics committee meeting that Baker no longer works for the property assessor's office.

"He was given an opportunity to continue at the assessor's office, receive a write up and not sell real estate in Rutherford County," Mitchell said. "He chose to resign and sell real estate."

Mitchell after the ethics committee meeting denied instructing Baker to tell appraisers to delay updating records on property improvements — such as added detached garages — until 2026 instead of the 2024 tax rolls.

"Anybody that alleges that I did that is a liar," Mitchell said. "That's as clear as I can say it. If they say that I did that or I had knowledge or I was trying to deliberately hide anything, that is a lie."

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Reach reporter Scott Broden with news tips or questions by emailing him at sbroden@dnj.com. To support his work with The Daily News Journal, sign up for a digital subscription .

This article originally appeared on Murfreesboro Daily News Journal: Lawsuit: 2 complainants say Rob Mitchell planned to cut their pay