Brookhaven Mayor J. Max Davis

Brookhaven Mayor J. Max Davis has apologized to two city employees for spraying an aerosol can near the two, the city said in a statement released May 13. City Attorney Tom Kurrie investigated the incident and concluded “there was no intentional conduct that rose to the level of harassment of any type.”

A city spokeswoman had said earlier in the day that a claim of sexual harassment was being investigated, but in the city’s formal statement, Kurrie said no such claim had been filed against Davis.


Here is the city’s statement:

At the direction of the city manager, the city attorney on March 17, 2015, commenced the investigation of an incident where an aerosol can was sprayed in the vicinity of two city employees by the mayor. After interviewing the two employees, the mayor, the city manager and the human resources director, Mr. Tom Kurrie has concluded that there was no intentional conduct that rose to the level of harassment of any type.

Neither of the employees involved claimed or inferred that this incident involving the mayor was sexual or harassing in nature.

Mayor J. Max Davis said, “I have spoken with both employees present and they have accepted the sincere apology that I offered. The action was innocent and was not intended to bring discomfort.”

Mr. Kurrie also said that “There is not presently nor was there any investigation of sexual harassment being conducted by the City of Brookhaven. Furthermore, there has been no claim or complaint filed by anyone, employee or otherwise, alleging sexual harassment by the Mayor.”


Brookhaven Mayor J. Max Davis

Joe Earle

Joe Earle is Editor-at-Large. He has more than 30-years of experience with daily newspapers, including the Atlanta Journal-Constitution and was Managing Editor of Reporter Newspapers.

3 replies on “Brookhaven’s mayor apologizes to city employees for aerosol incident”

  1. The incident occurred February 23rd or 24th, the issue was reported the next day, the City COMMENCED an investigation over 3 weeks later, and, concluded it the afternoon of the day the AJC reported it. C’mon!!! Don’t treat constituents (or employees) like they’re stupid.

    How is it that the City Attorney deems himself qualified to “rule” that the issue does not meet the criteria for harassment (of any type) – isn’t he hired by the Mayor? Isn’t that a conflict of interest? The City should provide details of the incident (sans names).

  2. Give me a break. So two employees lodge a sexual harassment complaint with HR and a federal EEOC complaint alleging sexual discrimination against the Mayor. The city spokesperson (a contract employee for the city) confirms the allegations and won’t back down from her statements. Then, after the news breaks, the City Attorney (who is appointed by the Mayor and Council) comes out and states the Mayor has been cleared of any wrongdoing. Last time I checked, the Mayor cannot investigate elected officials nor has any official role in such per the city charter and his fiduciary responsibilities. It is called a conflict of interest. But heck, the City Attorney has sat on other similar investigations to assist the Mayor (who is also an attorney). But folks, wake up, there is still an EEOC complaint and the city cannot dismiss that … only the U.S. Equal Employment Opportunity Commission has that authority. And let’s face it, the only reason the Mayor has become so defensive is the news got in the way of his announcing his candidacy for the vacated state House seat vacated earlier this week by Rep. Mike Jacobs … oops!

    CITY CHARTER – SECTION 3.08. “The mayor shall appoint the city attorney together with such assistant city attorneys as may be deemed appropriate subject to confirmation by the city council and shall provide for the payment of such attorney for services rendered to the city.”

  3. Calvin Coolidge once said that if you saw ten crises coming towards you, that nine of those crises would run “into the ditch” before they ever reached you. I’m glad that everyone had the good sense to take a “wait and see” attitude regarding this situation. Looks like it has largely resolved itself.–Tom Reilly

Comments are closed.