A realignment of Memphis-Shelby County Schools Board of Education elections is back on track after a two-thirds majority of Shelby County commissioners voted to override a mayoral veto Monday, Oct. 27.
With the vote, all nine school board seats will be placed on the 2026 ballot. The 13 seats on the commission will also be up for grabs. Commissioner Mickell Lowery tipped the scales in favor of an override.
“All in all, I have been voting for and speaking about realigning these elections to a different year. I also put up recall legislation that this body did not pass, which I disagreed with. But the body spoke … I’ve been consistent with that,” Lowery said.
Shelby County Mayor Lee Harris rejected the resolution Oct. 9. A majority of seven commissioners had approved the item with a 7-5 vote Sept. 22. At the time, Lowery was absent following the death of his father, former Memphis City Council Chairman Myron Lowery.
The resolution overriding Harris’ veto passed 8-4. Commissioners Mick Wright, Amber Mills, Edmund Ford Jr., Brandon Morrison, David Bradford, Michael Whaley and sponsor Britney Thornton joined Lowery in overriding the veto. Chairwoman Shante Avant, Miska Clay Bibbs, Charlie Caswell Jr. and Henri Brooks opposed the measure.
With its passage, a lawsuit from the school board is likely. Realignment will curtail the terms of four members by two years. The resolution appears to run afoul of Article XI, Section 9 of the Tennessee Constitution, which “restricts legislative power over the terms of local officials” like school board members, including “abridging” terms of office.
“People are saying it’s going to end up in litigation. You know what? They’re probably right,” Lowery said.
Members are awaiting a legal opinion from Tennessee Attorney General Jonathan Skrmetti on the matter.
Prior to the lop-sided vote, Ford brought up a remark made during the public comment period. It alluded that members who voted against the override were doing so to curry favor with one person.
“To the person that said the mayor’s veto suppressed our vote, I agree with you. Don’t be surprised after you all leave if the mayor comes down here and starts patting some of my colleagues on their heads like little pets,” Ford said. “He may come down here after you leave and say, ‘Job well done. Here’s a Scooby snack for you.’”
The commissioner has waged a campaign of words against the mayor and some of his fellow commissioners after Harris’ attempt to revive a mothballed ethics commission. Ford saw it as an attempt to remove him from office following his indictment for alleged kickbacks and money laundering at the beginning of the year. The ethics commission was not revived.
Nearly 30 speakers from a packed house took part in the public comments before the vote. The split was nearly even between those opposed to the veto or its override. For the most part, those opposed argued in favor of “respecting the democratic process.” Their counterparts, meanwhile, often parried that a realignment would “put the needs of children first.”
There were also several outbursts from the public after their comment period ended. One caught the attention of Avant, who asked for a pause during Ford’s comments. The request angered her colleague. He replied by suggesting that Avant was elected to her post to do the mayor’s bidding.
“We know why you became chair,” Ford said.
Avant quickly admonished her colleague.
“You are out of order,” Avant repeated. “Commissioner Ford will get his time back, his 30 seconds. He doesn’t have to be disrespectful to do that. The same respect you ask and demand, I am asking as well. I am not doing anything but asking to quiet the chamber so that your voice can be heard.”
The chairwoman wasn’t the only member in Ford’s crosshairs. Despite voting on the same side of the issue, most of the ire was saved for Lowery. The second-term commissioner is running for Harris’ job in the next general election, as the mayor is in his second and final term.
“As one person said, we are really looking at how one particular person votes,” Ford said. “Even if that person does the right thing, that does not qualify that individual to win a 2026 election.”
Lowery acknowledged his upcoming race. He also acknowledged the nature of the topic.
“It’s a divisive issue. It’s polarizing, at the end of the day,” Lowery said.
The effort to remove school board members is blowback from a decision to fire former Superintendent Marie Feagins in January. The school board voted 6-3 to remove Feagin, who had been on the job nine months, for alleged contract and policy violations.
Also in Monday’s meeting, commissioners approved a referendum ordinance that would allow recall elections of county officers and school board members. It also faces legal questions. There is currently no state law or charter authority for commissioners to engage in a recall. Therefore, the power would lie dormant until authorized by a state law amendment.
It passed 8-0-4 on a third and final vote. Voting in favor were Whaley, Clay Bibbs, Caswell, Thornton, Brooks, Lowery, Avant and Ford. Commissioners Mills, Wright, Morrison and Bradford abstained. Sugarmon is the sponsor.
