Shelby County commissioners will consider an ordinance that would place all nine Shelby County Board of Education seats on the 2026 county primary ballot. Chairman Michael Whaley is expected to introduce the proposal at the commission’s May 19 meeting.
The ordinance was originally combined with a separate measure addressing conflicts of interest for school board members and other elected county officials. However, Whaley chose to split the proposals during the commission’s May 5 meeting.
“This removes that component from the ballot initiative that would amend the charter, since it would require state approval,” Whaley said.
The move became necessary after state lawmakers rejected a bill sponsored by state Rep. G.A. Hardaway that would have allowed local governments to adopt a recall process. Without that legislation, commissioners currently lack the legal authority to pursue such measures.
While lawmakers rejected a broader recall measure, the Tennessee General Assembly left a path open by passing a law that allows only Shelby and Knox counties — the state’s two largest counties — to align school board elections with county election cycles.
State Senator Brent Taylor called the option a “de facto recall for half the board” during a Shelby County Republican Party executive committee meeting last week. Taylor was a co-sponsor of the recall effort.
“So at this time, rather than approve something that was not allowed by the state, we would focus on amending the charter that deals with conflicts of interest,” Whaley reasoned.
Commissioners voted 13-0 to approve an amendment splitting the ordinances. The measure passed on the third and final reading after members agreed to suspend the rules.
Frustration with state lawmakers’ actions was evident. The Shelby County Board of Education drew criticism from state and local officials after its 6–3 vote in January to remove former Superintendent Marie Feagins. She had been accused of policy violations and of misleading board members on multiple occasions.
“We pay attention to what our state legislature and our state leaders are saying,” Commissioner Mick Wright said. “And when they say they are waiting on us to bring a local solution, but they don’t provide us the tools with which to enact that solution … that’s very frustrating.”
Some commissioners likely breathed a sigh of relief after a potential state intrusion into local politics was deferred until next year, when lawmakers chose not to advance the recall-related bill during the current legislative session.
In 2011, after the City of Memphis dissolved its school charter, state lawmakers in Nashville passed a law lifting the ban on creating new school districts. The law applied only to counties with populations exceeding 900,000 — Shelby County is the only one that qualifies. As a result, six incorporated suburbs in the county voted to establish their own municipal school districts, taking federal and state education funding with them.
Whaley said he expects “to hear from the school board members next week” during committee meetings. One ongoing criticism of the school board involves its handling of the district’s maintenance efforts. This school year, several schools have reported HVAC problems, and many aging MSCS buildings are being considered for demolition because of deteriorating conditions.
Commissioners face tense debate on ethics board reform
Chairman Whaley also opted to split the second part of the original ordinance, which deals with county ethics, into two sections.
Commissioners easily approved Part A of the ordinance on an 11–0 vote, which adopts the state’s definition of “emoluments” into the county charter. However, discussion surrounding Part B, which would revive a defunct ethics board, was much more contentious.
Whaley introduced the item with the intention of sending it back to committee, as commissioners and Mayor Lee Harris’ administration are still working to define the ordinance’s terms.
Critics, however, have accused the effort of being a thinly veiled attempt by Harris to remove Commissioner Edmund Ford Jr. from office. Ford is currently awaiting trial on charges of bribery and tax evasion. He allegedly pursued grants for nonprofits in exchange for purchases at businesses he owns.
Numerous supporters, including Ford’s parents, spoke in his favor during public comments. Ford’s father, Memphis City Council member Edmund Ford Sr., described his son as a “God-fearing” man unfairly targeted by political forces.
“This is for all of you commissioners … he’s picking on my son. You figure he’s really picking on the Ford family. That ain’t going to happen,” Ford Sr. said. “I hope when you take it back to committee, you all table it until the next commission is elected.”
Several commissioners agreed that the ordinance should be tabled until after the next election.
“There have been many times where this has been clearly personal toward Commissioner Ford,” said Commissioner Britney Thornton.
A major sticking point is the potential composition of a revived Shelby County Ethics Board, which could be tasked with investigating Ford’s arrest. The charter currently calls for 13 members, but sponsors of the ordinance want to reduce that number to seven. Another concern is the appointment process. The county mayor would appoint all board members, subject to commission approval, raising questions about the ethics board’s independence.
No one, including Ford Jr., objected to sending the ordinance back to the General Government Committee for further discussion. It is expected to be brought up again on Wednesday, May 14.
During the meeting, an old ethics complaint against Mayor Harris was also revived. A former county employee had previously accused Harris of hosting parties with alcohol in government buildings and of awarding a large contract to a former campaign staffer.
Ford Jr., holding a binder and a can of Raid insecticide with a pair of roach-stomping shoes, issued an ominous warning.
“There’s a lot of documentation right here,” he said. “I will be bringing this back on the 14th and the 19th because I guarantee if the door is open and I have to start talking about what’s in here, half the commission might be gone and some administrators as well.”
A third and final vote on the ethics ordinance could take place on May 19.
