Memphis-Shelby County Schools Superintendent Marie Feagins responds to board members during a long-awaited school board meeting on Jan. 14 in Memphis, Tenn. Months after the board voted to remove her from her position, a controversial bill to increase state control over the district failed in the Tennessee Legislature. The proposal was withdrawn Tuesday by its sponsor, Sen. Brent Taylor, after he cited a lack of support. (D'Angelo Connell/Tri-State Defender)

The Memphis-Shelby County Schools (MSCS) Board of Education is one step closer to a deep dive into its operations after the Shelby County Commission, during their Feb. 11 meeting, unanimously approved a request for qualifications for an accounting firm to conduct a forensic audit.

The audit is one consequence of the school board’s 6–3 decision to fire former MSCS Superintendent Marie Feagins. 

Commissioners also agreed to an amendment to set a deadline of March 31 to engage a firm. It was offered by the resolution’s sponsor, Erika Sugarmon. 

Chairman Michael Whaley also crafted language to allow for a single-source hiring. A request for qualifications, or RFQ, would speed up the process. The county’s chief administrative officer can hire one firm directly. Normally, a more time-consuming open bidding process would take place.

“It allows us to expedite the process to get it started and make sure we are hiring a reputable firm for the other amendment, to ensure there is independence from anyone that would be sort of in the audit itself,” said Whaley.

The extra scrutiny could include “certain categories,” dates and “types of expenditures.” The selected firm will not be permitted to have past or present ties to the school board. 

“It goes much deeper than a traditional annual financial audit, which is what’s required of the district every year,” explained Whaley.

The resolution allots $50,000 to make the hire. However, members expect that cost to grow. What’s more, further expenditures don’t appear to be an obstacle.

“The audit will happen regardless of the clause and we’ll have to work through the process appropriately, but the funds will be identified,” said Commissioner Brandon Morrison. “Everyone knows that it will probably be more than $50,000.”

MSCS Board Chair Joyce Dorse Coleman made a statement concerning how the district handles its money and welcoming accountability and oversight. The full statement is below.

An earlier amendment includes possible forensic audits of other county school districts as well. However, the commission can only request those audits, since they only have authority to order an audit of the MSCS board. The amendment was added during the Wednesday, Feb. 5, Budget & Finance Committee Meeting.

Voting in favor of the audit were Miska Clay-Bibbs, Charlie Caswell, Amber Mills, Edmond Ford Jr., Mick Wright, Britney Thornton, Henri Brooks, Shante Avant, Sugarmon, Morrison and Whaley.

Feagins proved to be a popular public figure when the MSCS board brought up the idea of firing her at their Dec. 17 meeting. Her first day on the job was April 1, 2024.

Feagins’ cause has also made unlikely allies like MSCS teachers, along with both liberal and conservative members of the commission. The action also has the support of the local GOP chapter, all the way to the Republican majority in Nashville.

The latter has long been a proponent of conservative education policies, like school vouchers and school choice. 

“Dr. Feagins’ firing wasn’t the problem, but actually a symptom of the problem. This is a problem that some people have seen for years,” said Shelby County Republican Party Chairman Worth Morgan. “A lot of the public are becoming aware of it just lately, is that we have unaccountable, inept, possibly self-interested leadership at the Memphis-Shelby County school board administration. Public trust has been shattered and people are waking up to it. They are seeing the emperor has no clothes.”

Moreover, a forensic audit may be the first step in restoring the “public trust.”

Morgan is a former member of the Memphis City Council. His second four-year term ended in 2024.

On the job for fewer than 10 months, Feagins was fired with cause by the school board Jan. 21. The resolution of dismissal cited several instances of mismanagement. It also noted the former superintendent violated “board policy and state law” when she presented a MSCS budget to the Memphis City Council and the Shelby County Commission.

There were also allegations from MSCS staff members that Feagins created a “hostile workplace.”

A third-party investigation into the termination resolution conducted by attorney Robert Spence found that Feagins violated board policies and the terms of her contract. 

Feagins filed a lawsuit at the Shelby County Circuit Court on Feb. 3, alleging school board members violated an open meetings law in the runup to her dismissal. The suit accuses various board members of months of behind-the-scenes scheming to end her tenure. All nine members of the elected body are named in the lawsuit.