A process to amend elections for members of the Memphis-Shelby County Schools Board of Education has come full circle, after county commissioners narrowly passed a substitute resolution that cuts short the terms of some board members during the Monday, Sept. 22, meeting.
It was the first reading. If the item passes on a third and final reading, all nine seats of the school board could potentially be placed on the 2026 ballot. Meanwhile, a referendum ordinance to allow for recall elections of county officers and school board members found near-universal approval. It passed 11-0.
Former chairman Michael Whaley offered the substitute school board amendment as a way to “create structural change” to the county’s election calendar. The resolution would cut the number of elections by aligning school board elections with the County Commission and other elected offices.
“I believe in the long term, fewer, higher-quality elections drive higher turnout. It’s better for democracy,” said Whaley. “Often, you see voter fatigue.”
The replacement would also serve as a “mechanism” for “displeased” voters to remake the school board. It supplanted a resolution that called for staggered elections for board members, allowing them to finish their current four-year terms. Several were elected as recently as 2024.
Commissioner Erika Sugarmon had proposed moving all nine school board seats to the 2030 election, allowing 2024 winners to serve full terms. Under her plan, the other four seats would have been elected to a one-time, two-year term in 2028 to reset the cycle.
“I think it’s a mistake to rely on this as a means to air a grievance with any individual board member or as a whole,” said Whaley. “What does remedy that is a recall, if it’s between terms, or it’s voting for a candidate in the next election.”
The push to replace the school board comes after the firing of former MSCS Superintendent Marie Feagins. In eight months on the job, the erstwhile administrator built a large following among students, teachers and the community. She also quickly drew the ire of the school board through several alleged violations.
For the most part, Whaley’s replacement is a dead ringer for a resolution he offered in January. Its main goal is to “enact the authority” vested in a new state law. However, the kickstart date of 2030 was scratched out. No starting point was offered in the successful replacement.
Still, Megan Smith of the county attorney’s office confirmed during the meeting that the practical effect of the resolution would be to align all nine seats to the 2026 election.
“This is to make it as simple as possible. It’s simply authorizing existing state law,” said Whaley. “What I’m attempting to do with this substitute is to avoid — I think we got into calling out specific districts, names, time frames — I’m just looking at the plain language of the law.”
Earlier in the year, the Tennessee legislature passed House Bill 1383, which allows county commissions to align local school board elections with general county elections.
Of course, Whaley’s resolution could also trigger a lawsuit. The whole reason Whaley’s original proposal was replaced was because it would prematurely terminate board members’ terms. On its face, the item runs afoul of the state constitution. Article XI, Section 9 “restricts legislative power over the terms of local officials” like school board members. This includes “abridging” terms of office.
“Any resolution that abridges the terms of duly elected officials represents an unprecedented erosion of democracy,” said MSCS board member Natalie McKinney. “Voters elected school board members for four-year terms. To cut those terms short, in effect, is a backdoor recall. The constitutionality of the statute itself is questionable.”
Smith agreed with the assessment. When asked, she could not forecast whether the commission would avoid a lawsuit. Members are awaiting a legal opinion from state Attorney General Jonathan Skrmetti on the matter. The request was issued when Whaley’s original resolution was under consideration.
“This item does institute alignment as authorized by state law. It would institute that law legally in 2026,” said Smith. “As to whether or not you will or will not get sued, we cannot predict that. We certainly can’t predict the defense at this time.”
The murky legal outlook wasn’t enough to dissuade a majority. The item passed 7-5. Voting in favor of the resolution were Amber Mills, Edmund Ford Jr., Mick Wright, Britney Thornton, Brandon Morrison, David Bradford and Whaley. Voting no were Chairwoman Shante Avant, Miska Clay Bibbs, Charlie Caswell Jr., Henri Brooks, and Erika Sugarmon.
Sugarmon also supported the referendum ordinance allowing for recall elections. Like the other item, it will require more work on the state level.
“Presently, there is no state law or charter authority for the County Commission to recall school board members. If this referendum were to be enacted, it would basically sit there until authorized by a state law amendment,” said Smith.
If both items pass on a third and final reading, voters could be deciding on the ordinance alongside candidates for school board and the County Commission.
Sugarmon also told commissioners that state lawmakers have said they plan on taking authorization up for consideration.
“They will be looking at it at the next assembly. It will be on the ballot in August of 2026,” said Sugarmon.
However, if a concurrent push for a recall at the state level continues, it could push the timeline back. A new school board would be in place by then. If that happens, Sugarmon’s referendum proposals “may not go on the ballot at all.”
