Shelby County commissioners approved a resolution funding a lawsuit to stop an imminent state takeover of the county’s largest school district during a special meeting on Monday, May 4.
Commissioners voted 8-3 to approve the resolution allocating $200,000. The item previously failed to overcome objections during the April 27 meeting. It required an eight-vote hurdle to pass.
“The truth is, our schools need significant improvement. I think there are things that are working well, but there is a lot that can be improved,” said Commissioner Michael Whaley. “I also think that we have enough really good people in the county of Shelby that can help lead that effort.”
Whaley cast what would be the deciding vote after missing the previous meeting. The term-limited commissioner also suggested a takeover would be a disservice to school board candidates who were on the May 5 ballot and are currently running for office in 2026.
“The only reason why I support this today is because we haven’t even yet selected those people. And they stood up and said, ‘You know what, I want to serve. I want to be a leader for my community because I want to make it a better place.’ I think they deserve at least a chance to see them lead,” Whaley said.
Also voting in favor were Chairwoman Shante Avant, Henri Brooks, Charlie Caswell, Miska Clay Bibbs and sponsors Mickell Lowery, Erika Sugarmon and Matthew Szalaj. Commissioners Amber Mills, Britney Thornton and Mick Wright voted against the resolution. Thornton is the only Democrat to vote no.
State lawmakers are moving forward with a takeover of the school district following allegations of mismanagement and fraud. An initial state-ordered audit revealed a relatively small amount of questionable items. So far, state auditors have identified $1.45 million in possible waste and abuse out of the district’s nearly $2 billion annual budget. About 25% of the audit has been completed.
House Bill 662/Senate Bill 714 permits the establishment of a state-appointed school board to take control of MSCS. Although the law technically applies statewide, MSCS is the only district to meet all of the criteria for the law.
According to Shelby County Mayor Lee Harris, the devil is in the details. A group of handpicked outsiders could “take over every building,” “pay staff whatever compensation they want,” and “cancel benefits and change benefits, raises, promotions.”
“They can fire almost any employee, including any untenured teacher, and they can certainly fire the superintendent. They can replace any fired employee with a friend or contact in their network,” Harris said. “And it gets even crazier. The state takeover board can close down a school. The new law doesn’t say anything about notice or public meetings. It just says specifically, they can close any of our schools.”
Although outcomes and alleged corruption were cited as the catalysts for the takeover, many point to the MSCS board’s 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.
One proponent of state intervention acknowledged as much during the meeting.
“We’ve had how many months of this chamber filled with parents who are desperate for something to change. Two years of superintendent search that resulted in a transformation agent that was then dismissed for being a transformation agent,” Wright said.
Once again, the District 3 commissioner attempted to derail the lawsuit through an objection. At first, he pointed to the origin of the resolution, which was introduced during a full meeting instead of in a committee. However, he was quickly rebuffed.
“There is not a rule about items originating in committee,” said Parliamentarian Lee Rankin.
Lowery invoked Commission Rule 36, which permits special meetings to be called that are deemed necessary for an emergency purpose or because the public necessity requires it.
No one argued that the lawsuit didn’t fit the criteria.
Wright then questioned the funding source. Wouldn’t it be included in the FY2026 general fund as an unfunded item? However, Harris had already identified long-running projects that extend beyond the current FY2026 budget to draw from. The money will be moved to the county’s tort fund.
“To the extent that it is unbudgeted in a line item, it is contemplated by the funding policy, which requires the county to fund its liabilities for its defense,” said Shelby County Attorney Megan Smith.
Both Wright and Mills represent suburban municipalities in Shelby County. Each has its own school district. As a result, they will be spared state intrusion.
“Their children are not going to be impacted by what we are seeing here,” Caswell said. “This is just a door opening to many other things to follow. If we don’t stand on something, we are going to fall for any and everything they continue to dish to us.”
