Shelby County Commissioners approved a pair of ordinances in their first readings to shore up the county’s ethics oversight during a well-attended General Government Committee meeting this week.
The arrest of Commissioner Edmund Ford Jr. Feb. 28, on federal bribery and tax evasion charges was the elephant in the committee meeting room Wednesday, March 5, as members unanimously agreed to incorporate the state’s definition of “conflict of interest” into the county charter.
“The state law has a more clear definition, a more workable definition for our individuals here,” advised Shelby County Attorney Megan Smith. “We are hoping that these proposed changes make it very clear, so people understand exactly what they can and cannot do.”
The proposed charter amendment would apply to elected county officials, officers and employees.
Its language would also reflect the state law’s definition of “indirect interest” and a “controlling interest” of a company, along with how they are presented in a contract. The latter is defined more broadly. A controlling interest in an “entity” might indicate an indirect interest, which would be a “substantial financial interest.”
“What’s good for the state is good for the county,” said Smith.
Commissioner Ford is accused of securing grants for area nonprofits in exchange for purchases at a business he owns. The practice allegedly dates back to his time on the Memphis City Council. Ford briefly served on both bodies after being elected to the county commission in 2018. He served 11 years on the city council.
Sponsor Michael Whaley also tucked language into the proposed amendment that ensures their ability to recall Memphis-Shelby County Schools board members in the event of a change in Tennessee state law. The law currently does not allow commissioners to change the makeup of the elected board.
“If there was a change in state law, we are ensuring the ability to recall certain elected officials includes school board members,” said Smith.
The Shelby County Board of Education drew commission ire after their decision to terminate Superintendent Marie Feagins’ contract in a 6-3 vote on Feb 21. Feagins was fired, in-part, for her decision to present a MSCS budget to the Memphis City Council and the Shelby County Commission in violation of board policy and state law.
Commission members unanimously agreed to the ordinance 11-0. Voting in favor were Miska Clay Bibbs, Charlie Caswell Jr., Erika Sugarmon, Ford, Mick Wright, David Bradford, Brandon Morrison, Henri Brooks, Shante K. Avant, Michael Whaley and Britney Thornton abstained.
Reviving the Shelby County Ethics Commission
The next ordinance addressed seeks to revive the failed Shelby County Ethics Commission. Formed via a county commission ordinance in 2011, the defunct board never got off the ground after failing to achieve a quorum anytime a meeting was held. As a result, a vote on any given issue or item could not take place.
To make a quorum more feasible, the ordinance would cut the number of members to seven, rejecting a motion by Commissioner Erika Sugarmon to keep the board membership at 13.
Sugarmon was attempting to model the board after the the City of Memphis’ Board of Ethics, whose 13 members are appointed by the city council and approved by the mayor. The proposal also would have given the power of appointment to commissioners. The Shelby County mayor currently holds that responsibility.
“We have tried several times to convene a meeting and never have been able to accomplish a quorum. So if we want this to actually be effective, this is our opportunity since we are already making amendments to try to address that issue,” said Felisa Cox, JD, Shelby County chief ethics officer.
Currently, the board sits in limbo. Its volunteer members “are considered holdovers.”
In practice, the county ethics commission would hold an investigation or hearing as defined within that ordinance in cases such as Ford’s. Its powers, as defined by state law, could range from “censure” to an “ouster suit” being brought. The latter punishment drew skepticism from one member.
“It seems like our ouster process is also defunct, because there’s been one underway for two years for a county official,” said Commissioner Mick Wright.
He was referring to embattled Shelby County Clerk Wanda Halbert, who has survived two ouster suits for inaccuracies and missed deadlines on financial reports, among other reasons. The latest dismissed case is currently under appeal.
Like the previous item, the ordinance also updates charter language that serves as guard rails to compensation. Currently, employment is not clearly defined. Moreover, the word “emoluments” appears, but also isn’t properly defined. The Oxford Languages Dictionary defines an emolument as “a salary, fee, or profit from employment or office.”
“This ensures that you can have a job. It makes it clear how that job can function in terms of salary and work with the county,” said Smith. “This definition says that salary is fixed and ready to go.”
The proposed ordinance passed 10-0. Voting in favor were Clay-Bibbs, Caswell, Sugarmon, Ford, Wright, Bradford, Morrison, Brooks, Avant and Whaley. Thornton abstained.
