Mediation discussed in Shelby County municipal schools litigation

Attorneys involved in the schools litigation fight are moving toward using mediation talks to try and reach a settlement over the issue of suburban municipal school districts.

With a mediation deadline of Nov. 27 looming and U.S. Dist. Judge Samuel "Hardy" Mays expected to issue a ruling any day on state constitutional challenges to laws allowing new municipal school districts, attorneys have recently been discussing whether "there would be any meaningful lines of reasoning to resolve issues in mediation," said Memphis City Council attorney Allan Wade.
"Or if it would be fruitless, we needed to tell the judge it would be fruitless."

Mays asked attorneys to correspond with their clients and convene for a conference call on Thursday morning.
Tom Cates, attorney for the suburban governments, said the sides are trying to agree on scheduling, including when the suburban mayors are available. He said the suburbs would enter into the discussion "in good faith."

"Right now we are just talking about the logistics of mediation," said Lori Patterson, one of the Baker Donelson attorneys representing the Shelby County Commission. "We didn't do any actual mediating."

Bartlett Mayor Keith McDonald said he was limited in what comments he could make about the matter. He also invoked the term "good faith," adding: "Our counsel has advised us not to comment while the mediation is in process."
He acknowledged that the prospect for mediation was "out there, and this came up quickly."

A trial in September concerned whether the laws allowing the statewide ban to be lifted on new municipal school districts can be applied solely in Shelby County and are thus unconstitutional. A ruling has been expected any day by Mays, with the City Council, County Commission and City of Memphis aligned as plaintiffs against the state and the suburban municipalities.

Another trial is scheduled for Jan. 3 over what Mays calls the "1983 claims," shorthand for section 1983 of the Civil Rights Act of 1871.

That provision allows for federal challenges to constitutional violations by state lawmakers or officials, and the commission, council and City of Memphis claim that allowing MSDs to form in the suburbs will violate civil-rights education laws because it will make schools in the county more segregated.

A new filing in the case on Thursday, by Memphian Eddie Jones, claims that his daughter's right to attend a desegregated school in a desegregated school system will be violated if Shelby County's suburban municipalities are allowed to opt out of the unified countywide district by forming systems of their own.

Jones, also represented by Wade, has asked Mays to allow him to join the commission, the city and Memphis City Council as a plaintiff asserting civil rights-related challenges to the 2011 and 2012 state laws that would lift the statewide ban on new MSDs in Shelby County only.

His proposed complaint says that "the effect of each, or all, of these Municipalities creating their own school districts ... would be to create predominately Caucasian schools in those Municipalities while leaving the Unified Shelby County school district predominately African-American."

The state of Tennessee and six suburban municipalities, aligned as defendants in trials challenging laws that would lift the statewide ban on new municipal school districts, have filed various briefs defending the laws against the equal protection claims. The state and the suburbs maintain that the new MSDs would be desegregated and that residential patterns in the county, and not intentional discrimination, explain why many schools in the city are now and will likely in the future be comprised almost entirely of nonwhite students.

The state and suburbs have filed motions with Mays to dismiss the civil-rights claims altogether, claiming the plaintiffs have failed to prove disparate discriminatory impact and that, even if they could, that they are unable to prove any discriminatory intent on the part of state officials.

Mays originally began presiding over the litigation in February of 2011, when suburban interests filed a federal lawsuit seeking to block the forced consolidation of the county's schools. Mays ruled in August of 2011 that the city had legally forced consolidation by surrendering the charter of Memphis City Schools, but upheld key provisions of a 2011 state law aimed at guiding merger of MCS into suburban Shelby County Schools, to be completed by July 1, 2013.

When lawyers met in July to lay out schedules for the two trials, it was Mays who insisted on including a deadline for mediations. Last year, Mays pushed hard for a negotiated settlement to the initial legal wrangling over schools merger issues, eventually succeeding with a consent agreement that followed his ruling in August 2011.

© 2012 Memphis Commercial Appeal. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Meeting / Breakfast

Hello All!

It's been awhile since we have met and there are several things we need to discuss. Please make time for breakfast (or just come enjoy a cup of coffee and some great conversation!) this Saturday, October 27th, at Old Timer's beginning at 8:30 a.m.

Bring a friend!

Millington pushes school board plans forward

Millington has seven school board candidates ready to run unopposed in November and a place to house them if municipal schools become a reality, members of a school transition committee heard at a meeting Tuesday night.

The city plans to house the new school board in a two-story building in need of minor renovations next to the Civic Center, committee member and Millington Alderman Mike Caruthers told about 20 people at the public meeting.

Caruthers also said the city procured temporary lodging for the school board in the old Chamber of Commerce building, which was in the process of becoming a quilt museum, until renovations to the other building are complete. The committee also discussed when to hire staff and how much to pay them.

A startup projection of approximately $200,000, based on figures from a feasibility study by Southern Educational Strategies, was delivered to the committee by former city finance director Bruce Rasmussen. The estimate includes salaries for board members, a new superintendent, an accountant and clerical personnel, as well as office equipment. "Go through the numbers," Rasmussen encouraged committee members, "and decide on what we need."

But despite the group's progress Tuesday night, there are still many unknowns that will affect Millington's plans for a new school system in coming weeks. The city is currently suing the Shelby County Election Commission over votes by Lucy residents in the Aug. 2 municipal schools sales tax referendum.

The sales tax option failed in Millington by three votes, and the feasibility study found that if a local sales tax was not implemented, Millington would need an 86-cent property tax increase to fund a new system. And next week, a hearing on the constitutionality of the August school referendums in the suburbs — all resulting in overwhelming support for municipal schools — will begin.

"By the end of September, we'll better know what direction we're going," said Caruthers. "We're putting a lot of work, effort, loss of sleep, into this. We need to make it happen or at least find out what's going on. "All we can do now is truck on."

Link to the Commercial Appeal

© 2012 Memphis Commercial Appeal. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

 

Chism wants Shelby County Election Commission to stop municipal school board elections

Shelby County Commission chairman Sidney Chism has asked the county Election Commission not to place the elections for members to the six municipal school boards on the Nov. 6 ballot, citing a state law that allows no more than six school districts in the county.
Chism made the request in a letter to Robert Meyers, Election Commission chairman.

"If in fact it's unconstitutional for them to have more than six school districts, then we need to know so they can investigate before they put it on the ballot," Chism said. "They should be able to find out if it's legal for them to have it on the ballot or not."
The County Commission and the Memphis City Council are involved in a federal lawsuit challenging the creation of municipal school districts in Arlington, Bartlett, Collierville, Germantown Lakeland and Millington, which were approved by voters in Aug. 2 referendums. The lawsuit questions the constitutionality of the law that was drafted to allow for the municipal districts' existence. It also alleges that the creation of the mostly white municipal school districts discriminates against African-Americans.

The votes followed the decision to merge Memphis City Schools with Shelby County Schools beginning in the fall of 2013.
Chism could have had this latest aspect of contention concerning the municipal schools included in that lawsuit.

"Then I'd have to pay the lawyers," he said. "Let them pay."
The Election Commission's lawyers have told Meyers that the Election Commission does not have the authority to do what Chism has asked.

"I appreciate essentially the courtesy the chairman extended us by sending us that letter, but I just think the fact is we don't have the power to do what he's requesting us to do," Meyers said.

According to state law,counties with populations of more than 25,000, "shall have no more than six (6) school districts," including a county district, city district or special school districts.

The issue has been raised in briefs filed in advance of the Sept. 4 trial challenging the validity of the referendums. The legal skirmish concerns what constitutes the "creation" or "establishment" of a new school district.

The commission and council say the Aug. 2 referendums resulted in the creation of six new school districts, giving Shelby County eight school districts while Memphis City Schools is still in operation this academic year.

But attorneys for the suburbs argue that the referendums only authorize "preliminary steps toward establishing" a school district and don't violate the law. The potential problem with a legal limit on school districts is no surprise to municipal school supporters.
"We knew that the law said that," said County Commission member Chris Thomas.

They also knew that if all of the municipal schools were approved on the same day, which happened Aug. 2, a decision on the number would be required. But Chism should not have involved the Election Commission, Thomas said. "It's just disappointing and disheartening that Chism is trying to do more things to hurt the municipal schools," Thomas said. "That's not his decision. We've already got court stuff going on. That's something that can be decided there."

http://www.commercialappeal.com/news/2012/aug/29/chism-wants-shelby-county-election-commission-to/
© 2012 Memphis Commercial Appeal. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.

Funeral for Dana Payne

(Millington, TN) Friends, family and classmates of Millington High School football player Dana Payne will come together today for his funeral.

Payne’s funeral will be held today at 3:00 p.m. at First Baptist Church at 5010 West Union Road in Millington.

The 15-year-old wide receiver and running back died last week at LeBonheur Children’s Hospital from injuries he suffered during football practice.

“They were running a play, like they do at practice, and he got hit hard,” said Payne’s mother Tameka Smith.

Smith told us last week she was proud of her son, that he loved his younger brothers and was passionate about football.

“I’m glad that he died doing what he wanted to do and not in these streets, with the gang members and they killing and all that. He died very good,” said Smith.
Dana Payne funeral

Shelby County Commission overrides mayor's tax referendum veto

Voters in Memphis, Millington and unincorporated Shelby County will decide in November if there should be a half-cent countywide sales tax increase to help fund the county's public schools.

On Monday the Shelby County Commission overrode Shelby County Mayor Mark Luttrell's veto of a sales-tax referendum, with an eight-vote majority.

The deciding vote was cast by Commissioner Melvin Burgess, an employee of Memphis City Schools, who received an opinion from the county attorney's office that it was not necessary to recuse himself from voting.

"We all want a world-class education system and you have to pay," Burgess said in support of his vote. "I believe it is our duty to put that question to the people," he said of the referendum.
read more County commission overrides mayors tax veto

Dana Payne

Millington Footbal Player Dies During Practice

(Millington, TN) A Millington High School football player died Tuesday during a practice session.
Millington Fire Chief Gary Graves said the student, 15-year-old Dana Payne, died on the way to Le Bonheur Children’s Hospital.
Superintendent John Aitken left a school board work session to rush to the hospital.
News Channel 3 has a crew at Le Bonheur and will update the story as soon as details become available.

Dana Payne
Please keep Dana and his family in your prayers.

Suburban School Board Races Almost Set

Memphis Daily News//Bill Dries//Augugst 17, 2012

Races on the Nov. 6 ballot for six sets of suburban school boards took shape Thursday, Aug. 16, at the noon filing deadline for candidate qualifying petitions.

The candidates that made the deadline have another week to withdraw from the races if they wish.

But at the deadline, 14 of the 32 races were one-candidate contests where the person who filed effectively won the seat.

The filing deadline is another step along a political path that includes a federal court ruling to come on the Shelby County Commission’s challenge of the constitutionality of the state laws that set the ground rules for establishing the municipal school districts.

If the laws are upheld, the elections go forward. If the August referendum results are voided they don’t.

Here are the fields of candidates based on the list published Thursday evening by the Shelby County Election Commission.

In Arlington:

Lee Mills claimed the position 2 school board seat with no opposition. So did Kay Morgan Williams in position 3 and Barbara Fletcher in position 5.

Voters will decide among Steven Bierbrodt, Will Jerden and Danny Young for position 1. Former alderman Hugh Lamar withdrew from the race Wednesday.

The race for position 4 is among Eileen M. Hinders, Dale Viox and Kevin Yates.

In Bartlett:

Erin E. Berry was effectively elected to the position 2 seat when Anne Edmiston withdrew from the race at the deadline.

The other four positions are contested races

William Busler faces Jeff Norris for position 1.

It’s Jay Culpepper and Shirley Jackson for position 3.

Donald Gregory, Christopher Maley and Donald Bryan Woodruff are the contenders for position 4.

David Cook, Rick Faith and Randall Van Voorhis are running for position 5.

In Collierville:

All five school board positions are contested.

It’s Kevin Vaughan and F. Auston Wortman III in the race for position 1.

The position 2 contenders are Wanda Chism, Margaret Kasperbauer, Derrick McNeal, Cathy Messerly and Asit Patel.

Pam Hathaway, Carr Kelsey and Jan Speare are running in position 3.

Position 4 candidates are John Mark Hansen and Vivian Jones.

And Beth S. Bohon, Wright Cox and Curtis Fields are the pack in position 5.

In Germantown:

Three of the five positions were claimed at the filing deadline because one candidate was in each.

They are Paige Michael in position 1, Mark C. Dely in position 2 and Ken Hoover in position 5.

The position 3 race is between Sammy Jobe and Natalie Williams.

Position 4 is a contest among Edgar A. Babian, Brent E. Brockway and Lisa L. Parker

In Millington:

All seven school board positions were filled at the filing deadline with one candidate each in all of the races.

The winners are: Gregory L. Ritter, position 1, Christopher Grow, position 2, Louise Kennon, position 3, Charles P. Reed, position 4, Oscar L. Brown, position 5, R. Jason Dupree, position 6, Anne M. Reed, position 7.

The Millington school board races will also depend on the certification of the vote count from the Aug. 2 municipal school district referendums there. The formation of such a school district passed. But the half-cent sales tax hike failed by three votes in the unofficial vote count. The Shelby County Election Commission votes Monday on a certified vote count from that and other August races.

If the total in the sales tax referendum stands in the certified count, the city could pursue a Chancery Court lawsuit to contest the results.

In Lakeland:

There are no positions. The top five vote getters elected at large in a single race get the five positions. There are 14 contenders.

They are: Robert Blaudow, Richard Bryant, Nikki Bufalino, Laura Campbell, Paul T. Criss, Rick Davidson, Kevin Floyd, Ariel M. Guthery, Laura Harrison, Teresa Henry, Robin M. Larrabee, Jay Tyler, Paul Vandiver and Karen Woodward.

Suburban School Board Races Almost Set 

Millington School Transition Committee

In case you were unable to make the first school board transition meeting earlier this evening, they are reaching out to the public for volunteers to serve on various committees. If you are interested in being a part of history by helping to shape our new school system, please consider joining one of the committees listed below. Please contact Mike Curruthers at 573-0808 or Member7020@aol.com for more information or to sign up.

The committees are listed in bold and the bullets are the subjects to be explored on that committee:

Educational Services

• Student/Teacher Ratio
• Health Services
• Special Ed
• Gifted Programs
• Alternative Ed
• Other Services
• (Sports, Driver's Ed, NJROTC)

HR

• Central Office (design/staffing)
• School Staffing
• Compensation/Benefits
• Personnel Policies

Governance

• Board Policies
• Legal Issues
• City, state and Legislative Actions
• Communications
• Public Meetings
• Timeline
• Marketing

Instruction

• Pre-K
• Elementary
• Middle School
• High School
• Teacher Evaulation
• Professional Day

Planning & Budget

• Schools (#)
• Budget
• Capital Improvements
• (Long Range Plan)
• Purchasing

Operations

• IT
• Maintenance
• Custodial
• Nutrition
• Safety & Security
• Utilities
• Transportation

Changing circumstances make county sales tax increase necessary

Shelby County Commission member Mike Ritz still thinks, as he did in March, that a sales tax is a "regressive" tax.
But he calls it the county's best hope to fund the new unified city-county school district, or as many as seven separate school systems in the county.

On Monday the County Commission approved Ritz's proposal to ask voters in Memphis, Millington and unincorporated areas of the county to approve a countywide sales tax increase of a half-cent on the dollar. The resolution authorizing the November tax-increase referendum passed 7-5. It was Ritz's fourth attempt to add the item to the commission's agenda.

Suburban leaders, who had celebrated the passage Aug. 2 of referendums to establish their own school districts – and, in five of six towns, to raise sales taxes to pay for them – were united Tuesday in opposition to the countywide tax hike.
A county sales tax increase would trump municipal tax increases. And because residents in every suburb except Millington already voted for a sales-tax hike, they can't vote on the matter again in November, according to state law.

A county tax referendum also would knock off the ballot a referendum the Memphis City Council approved in July to ask voters to increase the city's local-option sales tax from 2.25 percent to 2.75 percent.

Suburban leaders began crunching numbers Tuesday to understand the effect a countywide tax would have on funding for their municipal schools.

The county estimates that Arlington and Lakeland would receive more money from a countywide sales tax hike than a municipal one. But Bartlett, Collierville, Germantown and Millington would receive substantially less. Numbers for Bartlett, for instance, predict the town would get $3.8 million from a municipal increase, and $1.9 million from a countywide increase.

Bartlett Mayor Keith McDonald sat with a state law book on his desk Tuesday, trying to figure how money for schools would be divided if the increase comes from a countywide tax.

"I can only imagine how hard it is for the average citizen to understand this, much less some of those commissioners," he said.
.
Germantown Mayor Sharon Goldsworthy said at first glance it appears Germantown would get a short shrift.

"We are clearly impacted by this course of events and would be expected to participate in taxation but don't get a say in something that ultimately changes where money goes and our own need to come up with more money," she said.
Collierville alderman Billy Patton said Collierville residents likely wouldn't approve the countywide increase if they were allowed to vote again.

Even in Arlington and Lakeland, which stand to gain from a countywide tax increase, leaders were miffed by the commission's vote.

.
"What we can conclude from this is that the commission that is supposed to represent us, doesn't," said Lakeland Mayor Scott Carmichael. "Bottom line. And they wonder why we want to have our own school system?"

Arlington Mayor Mike Wissman said, "We saw what happened when a small portion got to vote on the future of schools with the merger ... you start to wonder, when's it going to end?"

The municipal sales tax increase failed by three votes in Millington, and Millington Mayor Linda Carter was prepared to resubmit the question to voters because of questions about nonresidents in Lucy casting ballots. Now, she said she's unsure of what will happen.
In March, the County Commission, including Ritz, voted 7-0 against a sales tax increase. "For big-ticket items, sophisticated shoppers may shop away from high sales-tax communities," Ritz said at the time.

Things have changed since March, Ritz said. The unified school board released its projected budget, with an anticipated shortfall of nearly $60 million, and the Memphis City Council approved its own sales tax referendum.

The countywide tax resolution now goes to Shelby County Mayor Mark Luttrell, who said he has not decided if he will veto it. He has 10 days from Monday's vote to consider such a move.

He previously said he wanted to delay considering a sales tax increase until the unified school board brings its first budget to the County Commission next spring."Let us digest that budget and determine if the cost figures are hard figures.

"Let us digest that budget and determine if the cost figures are hard figures. Then, if revenue needs to be raised, we'll know how much and we'll move forward at that time," Luttrell said
By then it will be too late, Ritz contends.

If Memphis voters had approved a sales tax increase, that would have left only residents of unincorporated Shelby County to vote in the countywide referendum. Many of those voters live in a suburban city's annexation reserve area and aren't likely to approve it.

"We won't have the opportunity next year and there's no way we have enough commissioners to vote for a property tax increase," Ritz said.

Memphis Mayor A C Wharton said Tuesday he was "troubled greatly" by the vote and had spoken with Luttrell about the issue, but refrained from asking the county mayor to veto the measure until he has a chance to speak with commissioners who represent districts in Memphis.

"We felt this was our opportunity to help us develop an edge by reducing our property taxes significantly," said Wharton of the city sales tax increase that would be bumped off the ballot. "If it were to pass (in the city) a significant portion would go to a property tax reduction. Simple arithmetic would tell you can get a greater reduction with $47 million than with $27 million."

The county expects to raise about $60 million with the sales tax increase. About $30 million will be used for schools and each municipality will receive the remainder, which will be distributed based on the amount of sales taxes collected in each city. For Memphis that is about $27 million.

Memphis City Council member Shea Flinnsaid county commissioners who approved the tax resolution appear to have no plan to sell the increase to voters and that a countywide vote makes the increase less likely to pass.

"It looks like the urban commissioners were more interested in sticking it to their suburban counterparts on the commission rather than thinking about what was in the best interest of their constituents," Flinn said.

© 2012 Memphis Commercial Appeal. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Millington school support group pushing for candidates

A group of grass roots Millington school supporters are making sure there are candidates for each of the suburb's seven school board positions in November, but say there is no intent to discourage other candidates from seeking the offices.

Members of the nonprofit People for the Advancement of Millington Schools met with some of the candidates last Saturday morning. What emerged by Monday was a list of seven candidates for the school board positions on the Nov. 6 ballot. Millington is the only suburb with seven seats. The other suburbs plan on five-member school boards.

The qualifying deadline for the school board races is noon Thursday.

The suburban schools matter moved forward Aug. 2 when all six outlying cities — Arlington, Bartlett, Collierville, Germantown, Lakeland and Millington — overwhelmingly approved referendums to establish separate municipal school districts in their cities. All of the cities, except Millington, also approved a one-half cent bump in the local option sales tax rate to help fund the systems. Millington voters rejected that referendum by three votes — a calculation still disputed by Millington officials because of questions regarding some Lucy residents not officially annexed into Millington voting on the referendums.

The municipal school system issue still faces a legal battle before U.S. Dist. Judge Samuel "Hardy" Mays.

Doug Dakin, co-chairman of People for the Advancement of Millington Schools, said members are supporting candidates as individuals, but P.A.M.S. will not endorse a slate of school board candidates. He was not surprised the question arose, and denied that they are discouraging other candidates.

"We would never step on somebody's right to run for something. That's just ridiculous," Dakin said.

Before the Aug. 2 referendum approval, the Election Commission agreed to allow suburban school board candidates to pick up petitions because of the tight two-week window between the votes and Thursday's qualifying deadline for the Nov. 6 ballot. However, in Millington, only three candidates pulled petitions before the referendum, and, as of Monday afternoon, the Shelby County Election Commission website showed just nine candidates had requested petitions for Millington School Board races.

One of those who pulled a petition in July — Paula Landrum — said Monday, she has decided not to run.

"I've decided I would be able to serve better by supporting some of the others that were pulling, so I'm not actually going to be running in that race," Landrum said. "We've got seven others who have already pulled petitions. Rather than putting competition out there, I would rather go ahead and support one of them."

She added that the seven candidates "are people that are of one mind that are willing to take those positions."

Millington Mayor Linda Carter declined to comment on the slate of candidates that appeared to emerge from the weekend. She said the city's goal is simply to help get the school system operating.

Dakin said some of the seven are members of the P.A.M.S. group, but emphasized the pro-schools organization is not taking a unified stance, and is not trying to dictate the Nov. 6 elections. He also said the group would not be donating money to any candidates.

"If anything, what is orchestrated on our behalf, is to make sure we have at least seven people running." Dakin said. "We did not want to look stupid again like we did with the tax issues — voting for schools and not voting to pay for them. We didn't want to have that egg on our face again as a community. If nothing else, it was: 'Look we've got to have seven people, so let's find some people to run."

© 2012 Memphis Commercial Appeal. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

P.A.M.S. Meeting and Petition Signing Breakfast

Now that we have made our wishes known by voting YES to our own school system - the real work begins!

Several candidates are ready to take on the challenge of developing our school system. Please come and meet candidates running for the first Millington School Board! They need our support!

WHERE: Oldtimers
WHEN: Saturday, August 11th, at 9:00 a.m.
Oldtimes is offering a special breakfast for $6.99 or you may order from the menu, or just have coffee. Please pass the word!

We will also be discussing next steps for P.A.M.S. Look forward to seeing each of you there. 

School Board Workshop

***REMINDER***

The suburbs are jointly hosting a workshop Aug. 7 at the Bartlett Station Municipal Center to educate those who are considering running Nov. 6 for the 30 school board positions.

Bartlett Station Municipal Center
5868 Stage Road Bartlett, TN. 38134
Tuesday, August 7th, 5:00 p.m. - 7:00 p.m.
Ph:  (901) 380-4771 

Millington mayor: Residents may have passed sales tax increase

MILLINGTON, TN -

(WMC-TV) - Millington leaders are confident that in just days, the city's sales tax vote could be overturned.

Millington's mayor says a recent lawsuit stopping the annexation of the Lucy community could be the key to funding the city's school system.

There was a bit of confusion at Millington City Hall Friday morning.

That's because residents there voted to form their own school system but voted not to fund it.

"We're looking very carefully at Lucy one precinct and we've asked them to do a recount and look very carefully at these votes and to analyze them," said Millington Interim Mayor Linda Carter.

A sales tax increase was voted on to pay for the city's proposed new school system.

That sales tax increase lost by only three votes.

"I think there were people who were strong proponents of the school issue who failed to explain that we have to have the money," added Carter.

Carter says several residents in the Lucy community obtained ballots for Thursday night's election after a lawsuit was filed to stop Lucy's annexation into Millington.

Carter says that may prevent those votes from being counted.

She says in reality, the vote to fund Millington's municipal school system may have passed.

"I'm not sure some people understand they have to pay for what they've got," she said.

Carter says people in the Lucy community voted overwhelmingly against the sales tax increase.

Whether or not those votes are thrown out or there's another referendum on the ballots in November, Mayor Carter feels like Millington will ultimately vote to fund for the tax increase to fund it's municipal school district.

Mayor Carter says this issue is now in the hands of the Shelby County Election Commission.

She said she should know sometime next week what's next in this funding battle.

State Election Coordinator Confirms: Shelby Error Rate in Early Voting is 5 Percent- Memphis Flyer

Posted by Jackson Baker on Tue, Jul 24, 2012 at 4:46 PM

Mark Goins, the state Election Coordinator, confirms that allegations made by two local investigators concerning a 5 percent error rate in the assigning of early-voting ballots in Shelby County are accurate.

Blake Fontenay, spokesperson for Goins,further acknowledged to the Flyer Friday that 1300, the number of erroneous ballots pinpointed as of Monday by Dr Joe Weinberg, “sounds about right.”
Weinberg and blogger/candidate Steve Ross, both Democrats, have been independently checking into cases of erroneous ballot assignment. Ross had earlier attested to some 1,019 such errors, both in a conversation with the Flyer, and later in a Monday press conference, Weinberg’s higher totals were arrived at also on Monday.
Both Weinberg and Ross have been comparing state voter records with participating voter lists released locally by the Shelby County Election Commission.
Weinberg told the Flyer on Tuesday that Goins had called him from Nashville and expressed interest in his findings, wanting to confirm them for himself on the basis of state data. He did so, said Weinberg, and Fontenay acknowledged to the Flyer that Weinberg’s reckonings were accurate.
Weinberg said he had primarily been looking at discrepancies in state House of Representratives races but had uncovered cases of wrong ballots for other August 2 races as well.
“Another thing I’ve noticed that bothers me is the fact that people are having their districts corrected in daily updatings of the participating voter list, but their votes are still recorded in the wrong districts,” said Weinberg, who expressed concern that identifying future discrepancies would be made more difficult by such a process.
He added that at the rate ballot errors were being discovered, the total number of them, if updated, might be higher by some 300. "I haven't had a chance to check yesterday's figures yet," he said.

Possible glitches in the early-voting process first came light with disclosures that hundreds of households in Collierville had been unaccounted for in balloting for that city's referendum on municipal school districts.
In short order came reports of isolated cases, in Bartlett and Memphis, of voters being given ballots for the wrong state House races. Then came the separate systematic reorts from Ross and Weinberg.
Asked to respod to the news from Goins' office, Shelby County Election administrator Rich Holden deferred to SCEC chairman Robert Meyers, who, when reached late Friday, acknowledged that Ross' and Weinberg's findings were "at least 90 to 95 percent accurae."
Meyers said, "We're working around the clock to fix things." He acknowledged that participating voters' list updates were being amended to include the correct distict assignments. "We're not trying to hide anyting by doing that, just trying to make corrections. Maybe the neighbors of those voters who haven't voted yet will notice the change and find it helpful."
Meyers said he thought it was "too easy" to attribute the voting problems to the Commission's late start in making precinct lists -- a decision that Holden and thers have said was based the Shelby County Commission's unusual tardiness in arriving at a redistrciting consensus. (Actually, the Commission never did formally agree new lines; in mid-June, Chancellor Arnold Goldin was forced to rule on a single-member district plan.
"We think the issues are more complicated than that. We're working around the clock to contain the damage now and will have to assess the extent of it after August 2," said Meyers, who said he thought most problems were being encountered in state House and Senate races, whose primaries are the province of party primary boards.
"I'm sure we'll be getting with the boards of both parties as soon as possible to see what can be done."

Suburban PACs spearhead efforts for and against municipal schools

Suburbs creating volunteer citizen armies and raising funds.

Please stand with us for the betterment of our community and make a donation today!

Early Voting Statistics

Updated numbers -

Click here Shelbyvote for more information on how the other precincts are doing.

Special Called meeting of the Board of Mayor and Aldermen!

Meeting time was changed to 6:00 p.m.!  

Remember to wear your button - let them know we support this initiative!

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******SPECIAL CALLED MEETING******

 

The Board of Mayor and Aldermen have called a special meeting tomorrow,Thursday, July 19th, beginning at 5:00 p.m. On the agenda:

• Schools Consolidation
• Legal Issues Surrounding Lucy Annexation

Please make every effort to attend!

Lucy residents can't vote on Millington school referendums, Election Commission says

Commercial Appeal: By Cindy Wolff

Wednesday, July 18, 2012

The referendums related to a Millington municipal school district were removed from Lucy residents' ballots Tuesday by the Shelby County Election Commission.

The school referendums appeared on Lucy voters' ballots on Monday, the first day of early voting in the suburbs. They were removed Tuesday on advice from the Election Commission's attorney, said Richard Holden, administrator of elections.

Millington's annexation of the small community was halted last week after Claiborne Ferguson, a resident of Lucy and a Memphis attorney, filed a lawsuit objecting to the plan. The suit was filed four days before the annexation was to take effect. Citizens who are being annexed had 30 days to challenge.

Mayor Linda Carter said she was unsure of where the challenge leaves the city in its effort to form a municipal school district. Millington was counting on the close to 95 children who live in Lucy to give the city enough students to meet requirements for a municipal school district.

If the lawsuit is settled or dismissed, the 30-day waiting period for annexation would begin again, Carter said. Without the students the city won't be able to create a municipal school district.

Carter said the city hasn't given up because there are other ways the city can annex Lucy. Residents can ask Millington to annex their homes or Millington can hold a referendum to ask Lucy voters if they want to be annexed.

Meanwhile, the city is moving forward with early voting. The only snag Monday was the mayor's enforcement of a city ordinance approved in 2010 that prevents campaign signs from being on any public property. As she was heading to church Sunday, Carter noticed the signs in front of Baker Community Center, the early voting location. She instructed the city's code enforcement officer to remove them Monday morning. Campaign signs could be held by supporters or put on a vehicle but not poked in the ground unless they were on private property and approved by the owner.

"This is just messed up," said Millington aldermen candidate Charles Read, who has ran for office four times. "This is the epitome of American democracy. Why would there be a problem with campaign signs at a polling site. It's ridiculous."

Suburbs set class for school boards

Aug. workshop to educate potential candidates

Commercial Appeal: By Cindy Wolff

Thursday, June 7, 2012

If voters in the six suburbs outside Memphis approve a referendum Aug. 2 for municipal school districts, citizens who want to sit on the school boards will have some homework.

The suburbs are jointly hosting a workshop Aug. 7 at the Bartlett Station Municipal Center to educate those who are considering running Nov. 6 for the 30 school board positions.

Arlington Mayor Mike Wissman, who also serves as a suburban member of the unified school board, presented the idea to the other suburban mayors.

"This vote is going to be one of the most important ones in the history of these towns," Wissman said. "We need to hit the ground running."

The suburbs will need to elect five at-large members to each board. Officials believe most of those running will be first-time politicians who will serve on a board that's never met to govern a school system that's still a concept.

The Nashville-based Tennessee School Boards Association is sending executive director Tammy Grissom here in August to help potential candidates understand school boards.

"School board members don't have to have expertise in education," Grissom said. "Their No. 1 objective is to focus on students, and decide what you are going to do to help students in your community. They are not responsible for day-to-day operations for the school system. They don't fire teachers. They don't deal with complaints. They are responsible for governing and for policy making."

The suburbs are looking for well-informed candidates who will look beyond the attention they will receive from the media as a school board member.

The newly elected school board members will need to attend mandatory training at least one day per year at the Tennessee School Boards Association's Nashville headquarters.

They'll have to take time off work throughout their term to attend meetings. Most of them will get paid $300 a month.

"Some don't realize the time commitment they will have to make to do this, Grissom said. "It's not just the one big board meeting each month and that's it."

Officials don't want to encourage or discourage people from running, Wissman said.

"They just need to know it's not going to be what they thought it was," he said. "The best decision they may make is deciding they don't have the time to commit to this. Also, this isn't a time when you need to vote for your neighbor or best friend. You need to vote for the best candidate."

-- Cindy Wolff: (901) 529-2378

Early Voting Information
Baker Community Center
7972 Church Street

Beginning, Monday, July 16, 2012 through Saturday, July 28,2012

Weekdays 10:00 AM to 7:00 PM

Saturdays, July 21 and July 28, 2012, 10:00 AM to 4:00 PM

Sample Ballet
Click here to view the sample ballet for Shelby County residents

Sample Ballet

NOTE: If the ballet does NOT show everything you should be voting on (i.e. school referendum) do NOT submit your vote. Instead, alert the voting official immediately.

Currently, once you cast your ballet - there are no "re-dos".

Commissioner Roland responds to ADA funding debate

07/13/12  PRESS RELEASE - Commissioner Roland is Correct as it relates to ADA Funding for future Municipal School Districts

MEMPHIS, TN A February 24, 2012 opinion by County Attorney Kelly Rayne (OP-12-006) states clearly Commissioner Roland is correct, the County must share the funds with a municipal school system on an Average Daily Attendance (ADA) basis. State law also mandates capital improvement...s ...funds will be shared with a municipal school system unless a waiver is given.

During yesterday’s Budget and Finance Committee meeting Commissioner Mike Ritz stated any money allotted for capital improvement for the Shelby County Board of Education does not get ADA funded back to municipalities and further stated the County Attorney had opined on the matter. Commissioner Roland stated yesterday he would seek another opinion, however upon review of the opinion Roland found Ms. Rayne actually agreed with him.

Commissioner Roland said, “As with other information my friend Commissioner Ritz is giving out regarding municipal school feasibility; a little research will once again prove I’m correct.”

Mayor and Board of Aldermen special meeting

The Mayor and Board of Aldermen voted to join the other municipalities in the lawsuit brought by the County Commission against the formation of school districts within Shelby County.