A resolution that limits the terms of members of the Memphis-Shelby County Schools Board of Education cleared an initial hurdle Wednesday, July 23, with a 5-1-1 vote by the Shelby County Commission’s Education Committee.
The resolution is the county’s effort to align with a new state law that limits school board members to two terms. The measure also calls for all school board seats to be placed on the ballot in the 2026 elections.
“The new law that was recently passed did two things,” said Commission Chair Michael Whaley. “One, align the elections with the county legislative body in the same election cycle. Then, it’s to do term limits.”
Voting in favor were Commissioners Erika Sugarmon, Amber Mills, Edmund Ford Jr., Mick Wright and Whaley. Commissioner Henri Brooks voted no, while Commissioner Charlie Caswell Jr. abstained.
It was the term limit portion of the new state law that proved controversial prior to the vote. Brooks objected to the resolution on two grounds. First, she said, it undermines the will of voters who elected current board members whose terms will be cut short.
The state law requires all nine MSCS board seats to appear on the 2026 ballot. Some members elected that year would serve four-year terms; others would serve two-year terms, creating a staggered election cycle for future races.
Supporters say the change will boost voter turnout. According to the bill’s sponsor, placing school board seats on general election ballots increases participation. More broadly, the law brings the county into compliance with the state constitution.
“If we were following the current law, that would mean that last year’s election would have been Districts 2, 4 and 6,” said state Rep. Torrey Harris. “However, Districts 1, 6, 8 and 9 were elected last year, so we’re already in violation of the current law. I am correcting the law to put us back on track.”
Brooks also argued that the law improperly shortens terms already in progress.
“There’s a section in the Tennessee Constitution — Article 11, Section 9 — that says you cannot abridge the terms of various members,” Brooks said. “The previous resolution that’s been introduced does that.”
She offered a substitute amendment that also imposes two four-year term limits, but allows current board members to serve out their full terms.
“It does not leave the board, staff and community without institutional knowledge, but it still accomplishes what we’re trying to do to make sure we change the term limits,” Brooks said. “It will serve Shelby County better because we are maintaining our sovereignty. We are not giving away, if you will, our power to the state.”
Harris countered that the substitute ordinance would also violate the new state law.
“The one that I have put in place supersedes any previous law now,” he said.
Brooks requested clarification from County Attorney Megan Smith on the matter.
“I am operating under the newly adopted law for the implementation of term limits,” Smith said.
Further requests by Brooks for legal clarification were cut short, as commissioners had already suspended the rules to allow her to speak a fourth time. Before the vote, Whaley explained the legal implications.
“If we say no, my understanding is that we would revert back to the earlier law,” he said. “In which case, that one spells out which district number should be elected each year — which this would still violate.”
The committee rejected Brooks’ substitute ordinance in a 1-5-1 vote. Voting against were Sugarmon, Mills, Ford, Wright and Whaley. Brooks cast the lone yes vote. Caswell abstained.
The term limits resolution requires two additional votes before final approval. Brooks has requested further legal review from Smith ahead of today’s scheduled meeting.
State and local officials began pushing for new school board elections after the MSCS board voted 6-3 on Jan. 21 to fire former Superintendent Marie Feagins.
Feagins had held the position for less than a year before being terminated with cause following multiple allegations by board members. Many commissioners and members of the public saw the firing as an overreaction to the allegations.
Feagins is now suing the school board in an effort to be reinstated. On Tuesday, July 22, Shelby County Circuit Court Judge Robert Childers granted her permission to pursue a defamation lawsuit against school board member Towanna Murphy.
