Shelby County Commissioner Mickell Lowery’s proposal to allocate $200,000 for a lawsuit challenging the state takeover of Memphis-Shelby County Schools failed to advance after falling one vote short of the required majority. (D'Angelo Connell/Tri-State Defender)

A resolution funding a lawsuit opposed to the state takeover of the Memphis-Shelby County Schools was knocked off the Shelby County Commission agenda after falling one vote short on Monday, April 27.

Mickell Lowery’s add-on resolution required a two-thirds majority to advance. It failed 7-5.

The item was rejected with discussion after failing to overcome an objection by commissioner Mick Wright. Lowery made a request to suspend the rules after the resolution was presented without a summary page or a wrap-up sheet. It was seconded by interim Commissioner Matthew Szalaj.

Lowery’s proposal would have drawn $200,000 from the county’s FY2026 operating budget.

State lawmakers are moving forward with a takeover of the school district after findings of an initial state-ordered audit, based on rumored mismanagement and fraud, revealed a relatively small amount of questionable items. So far, state auditors identified $1.45 million in possible waste and abuse out of the nearly $2 billion annual budget. Around 25% of the audit has been completed.

However, many see the takeover as a blowback for the MSCS decision to fire former superintendent Marie Feagins in early 2025. The former Detroit public schools administrator was dismissed by a 6-3 vote over accusations of misleading board members and financial mismanagement.

Her interim replacement, Dr. Roderick Richmond, was recently hired as the new superintendent on February 11.

Meanwhile, Lowery’s failed resolution accuses state lawmakers of “adopting criteria which effectively applies only to the Memphis system out of 80 similarly situated districts across the state.”

The second term commissioner is currently a front-runner in the May 15 Democratic Party primary to succeed term-limited Shelby County Mayor Lee Harris. Ironically, Feagins is another one to beat in the campaign. She is also in the midst of a federal lawsuit. The political newbie is currently suing the school board for $487,000 in back pay in federal court over claims of gender bias and retaliation.

Earlier in the month, state lawmakers passed legislation permitting a state-appointed board to take over MSCS. Low academic performance was cited as another excuse for the takeover. MSCS is the largest school district in the state with upwards of 110,000 students.

The nine-member board will have control over budget, personnel and curriculum for the next four years — and possibly longer. The yet-to-be selected board will also have the power to hire and fire the superintendent and make rezoning decisions. It will take over on July 1.

Voting in favor of the lawsuit were Shante Avant, Henri Brooks, Charlie Caswell, Miska Clay Bibbs, Erika Sugarmon, Lowery and Szalaj. Opposed were David Bradford, Amber Mills, Brandon Morrison, Britney Thornton and Wright. Commissioner Michael Whaley was absent from the meeting.

New judicial commissioner selected

Also during Monday’s meeting, commissioners selected a new Shelby County judicial commissioner.

John Parker beat out fellow lawyer Devina Foster 7-5 following a single round of voting. Both contenders previously served as special appointed judges in the General Sessions Criminal Court.

Parker, a litigation attorney, previously ran for the General Sessions Court District 8 seat in 2022. He is also one of 33 attorneys vetted to represent indigent clients in the Western District of Tennessee federal courts.

Judicial commissioners are among the first rung in the area criminal justice system. They handle initial court appearances. This includes setting bail amounts and decisions on releasing or holding suspects in custody.

During last week’s committee meetings, Parker said Memphis is “under the spotlight.”

“We need to be able to do the job and get the spotlight off us and get them focused on the good things that we’ve got going,” said Parker.