1. EVANS I PETREEpc
ATTORNEYS AT LAW
MICHAEL R. MARSHALL DIRECT DIAL 901.521.4563
MMARS HALL(S EVANS PETRE E.COM DIRECT FAX 901.374.7495
January 11,2011
Via Email
Mark Goins, Coordinator of Elections
Elizabeth Henry-Robertson, Assistant Coordinator of Elections
Division of Elections
312 Rosa L. Parks Avenue, 9th Floor
Nashvile, Tennessee 37243-0305
Re: Referendum on Board of Education of the Memphis City Schools' Resolution as
Required by T .C.A. § 49-2-502
Dear Mr. Goins,
I am in receipt of your letter of January LO, 2011. On behalf of my client, the Board of Education of the
Memphis City Schools, please let this letter serve as their response.
On December 20, 2010, the Board of Education of the Memphis City Schools ("Board of Education")
passed a resolution entitled, "Resolution to Surender the Charer of the Memphis City Schools" (the
"Resolution"). The Resolution has two paragraphs that describe what actions the Board of Education
has directed. The second paragraph states,
"the Memphis City Schools Board of Commissioners hereby request that the Shelby County
Commissioners of Elections conduct a referendum that transfers the administration of the
Memphis City Schools to the Shelby County Board of Education as required by Tennessee Code
Annotated 49-2-502 to take place as the same time as any future election is conducted by the
Shelby County Election Commission or as provided by state law, whichever occurs sooner."
On December 22, 2010, the Resolution was forwarded to the Shelby County Election Commission with
a cover letter requesting a referendum to be held. The Election Commission met on January 5, 2011,
and pursuant to your letter of the same date, decided to defer their decision to act on the Resolution.
Tenn. Code An. § 49-2-502 states that,
"The school board. . . of any special school district (is) authorized and empowered to transfer
the administration of the schools in the special school district to the county board of education of
the county in which the special school district is located. Before a transfer is effectuated,
however, a referendum shall first be conducted on the subject, and the school system of the
special school district shall not be transferred to the county unless a majority of the voters who
cast votes in the referendum vote in favor of the transfer. The referendum shall be held by the
county election commission when requested by the school board of the special school district. .
." (emphasis added).
Your letter of January 10 requests clarification as to whether the Board of Education considers the
transfer of its administration of schools to the Shelby County Board of Education to be separate from
surrendering its charter. As you know, the Board of Education speaks through its resolutions. The
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Board of Education has unequivocally requested that a referendum as referenced in T.C.A. § 49-2-502
be held. It has met all of the requirements for a referendum to be held.
While neither the language contained in the Resolution nor the language of the statute explicitly makes
the surender of the Board of Education's charer a necessity, the effect under the law may do so.
However, this seems to be beside the point as it pertains to the holding of a referendum. The Resolution
and the statute are clear in its request for a referendum to transfer the administration of the Memphis
City School system to the Shelby County Board of Education. We do not believe that the Election
Commission has the discretion to decline to hold a referendum in this case. While we trust that the
Election Commission wil schedule a referendum as required by law, we wil also take whatever action
necessary to ensure that our client's lawfl requests are caried out.
To that end, we hereby reiterate the Board ofEducation's request that a referendum be scheduled in
conformity with the statute and Resolution. We would suggest the following language should be placed
on the ballot: "Shall the management and control of the Memphis City School System be transferred to
the Shelby County Board of Education?" Please advise us at your earliest convenience as to when the
referendum requested by the Board of Education wil be held.
Please feel free to contact me if you have any further questions. I remain,
Very trly yours,
Evans I Petree PC
MRM/mb
cc: Richard Holden, Administrator of Elections, Shelby County Election Commission
The Shelby County Election Commission Members
Monice Moore-Hagler, Shelby County Election Commission
Allan Wade, Esq.
Dorsey Hopson, II
Board of Commissioners of the Memphis City Schools