By Judith Black Moore, Special to the Tri-State Defender
Dr. Marie Feagins’ lawsuit filed against the Memphis-Shelby County Schools after her firing last month from the superintendent’s position calls into question the level of transparency with which public officials conduct business.
Feagins received community support at the same time the district’s board of education voted 6-3 on January 21 to end her contract. She claims board members engaged in private discussions that should have been conducted publicly, depriving citizens of their legal right to transparency and participation. Her lawsuit challenges the integrity of governance within MSCS and raises broader concerns about decision-making in one of Memphis’ most influential institutions.
Deborah Fisher, executive director of the Tennessee Coalition for Open Government, explained that concerns about open meetings often arise when people feel decisions were made before the public had a chance to be involved.
“We have had some advances in open meetings laws in the past couple of years, but when there are concerns, the concern is that some decisions were made outside the public eye. And when [citizens] got to the public meeting, members of the government did not fully explain what was going on. [Citizens] then feel that some things were decided, locked up in a back room, and speaking at the public meeting had no impact because decisions were made before the public even got there,” said Fisher, whose nonpartisan, nonprofit organization advocates for transparency in government.
What the Lawsuit Alleges
Feagins’ lawsuit contends that MSCS board members held meetings in undisclosed discussions, failed to provide adequate public notice for meetings and made decisions without transparency. The Tennessee Open Meetings Act, also known as the sunshine law, mandates that governmental meetings be publicly announced, open to citizens and allow for participation when required.
Feagins’ legal team argues that by conducting business behind closed doors, the school board not only violated the law but also betrayed public trust. If her lawsuit succeeds, it could set a precedent for greater accountability across all levels of Memphis and Shelby County government.
Memphis’ Track Record on Transparency
The City of Memphis and Shelby County are bound by two major transparency laws: the Tennessee Open Meetings Act and the Tennessee Public Records Act. These laws require that government meetings be open to the public and that government records be accessible upon request. However, enforcing these laws has often been difficult.
Challenges include: delayed or denied records requests without valid justification; meetings being closed to the public under broad “legal exemptions;” and lack of public awareness about how to access government information.
Fisher said one of the biggest transparency issues in Memphis is excessive delays in fulfilling public records requests.
“I have seen it with journalists who have had to wait two to three years and have had to go to court to get the city to turn over records that should have been turned over a lot earlier,” she said.
Fisher added that subject matter also can make records particularly difficult to obtain.
“Some records are harder to get than others, such as police records or records related to controversy. Records related to schools are also sometimes harder to get,” she said.
Katherine Burgess, a government accountability reporter for MLK50, says that in her time covering government in Memphis and Shelby County, she has found that state and local laws sometimes fail to align, leading to a lack of clarity that can hinder access to public records.
“State law, in particular, only mandates that public records be provided to residents of the state,” she said. “Many government entities require a Tennessee driver’s license to prove residency. This can block journalists who have recently moved to Tennessee or who live just across state lines (from obtaining records).”
The Fight for Stronger Transparency Laws
The Tennessee Coalition for Open Government has advocated for stronger transparency measures, including expanding the “agenda law” to apply to all governing bodies.
Fisher explained that when the law was passed, it only applied to local governing bodies, such as city councils and county commissions. It was expanded last year to include state boards and commissions.
“Now what we are trying to do is make it apply to all governing bodies, which would include school boards, public utilities, planning and zoning type boards and industrial development boards,” she said.
Fisher noted that before the agenda law, government entities were only required to provide the time and place of a meeting. There was no requirement for an agenda to be shared in advance. Now, the law requires an agenda be made public beforehand, and it must clearly describe the actions being taken so citizens understand what is being discussed.
“In other words, they can’t just say ‘action on public works contract number 234’ when what they are really going to do is build a new high school or tear down a library. They must reasonably describe (an agenda item) in a way that the public has some idea of what it is.”
How Lack of Transparency Impacts Black Memphians
For Memphis’ Black community, government secrecy has direct consequences. Many of the city’s most pressing issues — education, policing, housing and economic policies — are debated in spaces that should be open to public input. When meetings are held behind closed doors, it often results in policies that do not reflect community interests.
Rachael Spriggs, power-building policy director and advocacy equity leader at the Equity Alliance, underscores the effects a lack of transparency has on Black Memphians.
“The systemic lack of transparency leaves Black people in Memphis vulnerable. It leads to things like overpolicing and government overreach that deepens inequity and limits social advancement in our community,” Spriggs said. “When government is transparent, I can decide to sit or stand up for the greater good. Without it, we feel not a part of the process,” Spriggs explained.
How Citizens Can Hold the Government Accountable
If Feagins’ lawsuit is successful, it could reinforce citizens’ ability to challenge government secrecy. But beyond the courtroom, all Memphians can take steps to demand transparency:
– Attend public meetings to stay informed on school board, city council and county commission decisions.
– File public records requests to access critical government documents.
– Engage with advocacy groups such as TCOG that help citizens understand and fight for transparency.
Fisher encourages citizens to use TCOG resources.
“Our website includes news about open government in Tennessee. During the legislative season, we track bills that might change the open government laws – to the good or the bad,” she said. “We try to keep the public informed about those. We also have an email newsletter that you can sign up for to get even more updates.”
For more information, visit TCOG’s website.
