Shelby County Commissioners deferred to a later date a series of resolutions that shore up staffing at the Circuit Court Clerk’s office – along with giving raises to low-salaried employees – during the Monday, Oct. 14 meeting.

Members will pick the four resolutions up on Dec. 11.

Commissioner Mark Whaley made the motion to kick the can down the road, after a financial study revealed the office has brought in less revenue to date in FY2025, compared to the previous year. However, a two-month pause would allow members to better evaluate how this year’s cash flow is trending.

“Sometime in November is usually when it bottoms out and it starts to come back up when the receipts come in. So I think its important that we’re extra cautious around amendments that increase spending and FTE’s at this particular time,” said Whaley.

The motion passed 6-5.

Voting in favor of the were Amber Mills, David Bradford, Amber Morrison, Henri Brooks and Whaley. Voting against were Charlie Caswell, Erika Sugarmon, Edmond Ford, Jr., Britney Thornton, and Chair Miska Clay-Bibbs.

So far this year, the Circuit Court Clerk’s office has brought in $208,000. At this time last year, the total was $834,000. The total for FY2024 was over $2.7 million. In a typical year, the number hovers around $1.4 million.

“This does not put them on pace to exceed their revenue projection as they did in FY2024,” said Shelby County Budget Director Michael Thompson.

Furthermore, the positions would be permanent. Meaning, the extra revenue for the spots would need to be procured annually.

“So I would encourage you to look at it from a long-term perspective, and say if I’m advocating for a slight delay to really get a better sense of what those receipts are. Rather than lock ourselves in then feel like we’ve got to make cuts in other places,” said Whaley.

Jamita Swearengen was elected Shelby County Circuit Court Clerk in 2022. She is also a former Memphis City Council member.

All four items were introduced during a Wednesday, Oct. 9 Budget & Finance Committee meeting. At the time, the intention to cover the costs with the office’s revenue was met with enthusiasm. However, a financial study by Thompson dampened the mood around the items.

The first resolution would reinstate four salaried positions lost in FY2025.

The staffing kerfuffle arose after an unnamed supervisor was dismissed in FY2024. With extra money to operate with, the salary was divvied up to cover administrative duties – before the appeals process was completed.

“We had already filled that position and that individual had to return to our workforce. So we have that salary that we’re going to have to pay because that is a part of our PCB,” said Swearengen.

However, when the FY2025 FTE slots were granted by the administration, only 43 were given. Unless a resolution is passed, there will be no salaries for the four later hires.

While no one doubts the need at the office, the nature of the loss of the positions is in dispute.

“These four positions were actually in the clerk’s budget last year, but they were abolished and picked apart by the clerk’s office, in order to fill other positions. This has been a historical problem with the elected officials, who create positions for appointed personnel and others,” said Shelby County Human Resources Director Gerald Thornton.

The commission-approved compensation policy was also mentioned, which forbids “comingling” of ‘funding sources for classified/unclassified durational, grant, special revenue, enterprise and temporary employees shall not be comingled to create salary adjustments.”

Furthermore, management positions aren’t typically filled until 60 days after termination, so “civil service” can rule on a potential appeal.

Swearengen denied creating the positions.

She also denied “zeroing out” civil service positions for appointments.

“We asked for one dollar to remain on each of those line items so we could have those on our upcoming PCB, and they zeroed those positions out,” said Swearengen. “We didn’t create the position of accounting specialist or appeals specialist.”

In addition to amending the office’s operating budget by reinstating four full-time positions – an accounting specialist, appeals specialist, a supervisor and a deputy court clerk – the resolutions also seek to reinstate salaries of $130,000 and $107,904.

“These positions are very, very important,” said Swearengen.

Thornton suggested the spots could be filled using the 17 unpaid positions still available on the office’s payroll.

“If they are so hard-pressed to have an accounting specialist or appeals specialist, they can take one of those vacant positions that they have currently and they can convert that position. That’s what they do,” said Thornton.

The final resolution would grant raises to several low-paid full-time workers. According to Swearengen, seven employees currently make $31,200. Hourly, it equates to around $15. It too faces a tough battle.

During the Oct. 9 committee meeting, Thornton also argued the adjustment would also run afoul of the county’s compensation policy regarding raises.

During the committee meeting, Swearengen told members she ran for office on delivering raises for employees.