Following a second vote, Shelby County commissioners unanimously agreed Monday to establish term limits for Memphis-Shelby County Schools board members. However, the question of aligning board elections remains unresolved.
The second half of the discussion — concerning election alignment — is expected to be brought up at the next Education Committee meeting, after commissioners agreed to a motion to divide the issues. That vote effectively ended debate during the Aug. 12 meeting.
The next committee meeting is scheduled for Wednesday, Aug. 21.
Both items represent changes to an earlier replacement resolution offered by Commissioner Erika Sugarmon, which passed out of committee on July 28. It replaced a proposal by Chair Michael Whaley that would have called for new elections for all board members — effectively ending the terms of those elected in 2024.
Whaley’s plan failed after questions arose regarding the constitutionality of the state law it would have implemented. The original proposal died in committee after Commissioner Henri Brooks cited Article IX, Section 11 of the Tennessee Constitution, which bars “special, local or private acts” that remove, change the term of office or alter the salary of a municipal or county official.
On April 22, state senators substituted House Bill 1383 for its Senate version, adopting an amendment that removed a provision stating the bill would not vacate or abridge the terms of current board members. The bill passed the Republican-controlled Senate in a 27-8 vote.
Commissioners have been awaiting a formal opinion from Tennessee Attorney General Jonathan Skrmetti on the law’s constitutionality.
On Monday, members voted 13-0 in favor of Commissioner Edmund Ford Jr.’s motion to move the start of term limits in Sugarmon’s resolution to the next board election in 2026. The resolution had previously set the date for 2030.
There appears to be broad agreement among commissioners on the issue of term limits. The Shelby County Board of Education is one of the few elected bodies in either Shelby County or Memphis without term restrictions.
However, the agreement broke down over how and when to align board elections.
Ford proposed a plan under which board members elected from Districts 1, 6, 8, and 9 in 2028 would serve two-year terms, effectively syncing up with the state law’s intent without cutting short the terms of those elected in 2024.
“This is one avenue to try to get to where we were in the original with a couple of modifications,” Ford said. “It would line up everybody, instead of adding another four years to an already existing 2022-2026 term.”
In contrast, Sugarmon’s version kept all board seats on the same schedule until 2030. While both proposals are considered “constitutionally viable,” her plan was seen as the most “risk-avoidant.”
“I think it was a good choice,” said County Attorney Megan Smith. Others disagreed.
“This does not solve the near-term issue at all. It only affects the people that didn’t support the actions that the community has risen up against,” said Commissioner Mick Wright. “Us fumbling the ball, I think makes it a lot more likely that the state decides that we cannot manage our own affairs at the local level.”
Wright’s attempt to revive Whaley’s original resolution failed on a 6-7 vote. Voting in favor were Amber Mills, David Bradford, Britney Thornton, Brandon Morrison, Ford and Wright. Voting against were Miska Clay Bibbs, Charlie Caswell Jr., Mickell Lowery, Shante Avant, Brooks, Sugarmon and Whaley.
A separate proposal by Lowery to place both term limits and election alignment on a ballot referendum failed 2-11, gaining support only from Brooks.
In other action Monday, commissioners selected Shante Avant as the next chairwoman of the body beginning Sept. 1. Her term will last one year. Avant snagged the seat with nine votes on the first ballot. She will receive a raise of $1,000 with the title. Her salary will climb to $36,900. Avant served as the commission’s chair pro tempore during this past year. David Bradford was elected as her replacement after four rounds of voting.
