Shelby County Board Of Education v. Memphis City Board of Education et al

Filing 502

AMENDED ORDER. Signed by Judge Samuel H. Mays, Jr on 03/05/2013.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

BOARD OF EDUCATION OF SHELBY
COUNTY, TENNESSEE, et al.,

Plaintiffs,
v.
MEMPHIS CITY BOARD OF
EDUCATION, et al.,

Defendants.

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No. 11-2101

AMENDED ORDER

On September 28, 2011, the Court approved a Consent Decree
governing the transfer of administration of the Memphis City
Schools to the Board of Education of Shelby County, Tennessee
(the “Shelby County Board of Education”).

The transfer is to

become effective at the start of the school year in 2013.
Under the terms of the Consent Decree, the Court retains
jurisdiction to enforce the Consent Decree and has the authority
to

appoint

a

special

master

to

assist

in

implementing

the

Decree.
By order dated February 25, 2013, the Court invited the
parties to submit responses addressing whether a special master

should be appointed at this time, what the duties of a special
master should be, and who might be considered.
The

City

of

Memphis,

the

Memphis

City

Council,

the

six

Municipal Defendants, and the Shelby County Board of Education
have

responded.

All

master at this time.

recommend

the

appointment

of

a

special

They make various recommendations about

the duties of a special master, and some parties have suggested
individuals to consider.

The Memphis Education Association has

submitted a supplemental statement in which it makes suggestions
about

the

Memphis

qualifications

and

the

Memphis

of

a

special

City

Council

master.
have

The

replied

City

of

to

the

supplemental statement.
After considering the Consent Decree, the recommendations
of the parties, and the entire record in this cause, the Court
has concluded that the appointment of a special master at this
time is necessary to assist the Court in enforcing the Consent
Decree.
The

special

master

shall

proceed

with

all

reasonable

diligence to perform the following duties:
1) To

monitor

the

work

of

the

Shelby

County

Board

of

Education as it makes the decisions necessary to transfer
the administration of the Memphis City Schools to the
Shelby County Board of Education;

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2) To assist the Shelby County Board of Education and its
staff

in

making

decisions

and

in

establishing

and

maintaining deadlines for decisions;
3) To ensure that the issues identified in the Transition
Plan approved by the Transition Planning Commission and
reviewed by the Commissioner of the Tennessee Department
of Education are considered and resolved in a timely and
appropriate way;
4) To work with the parties and the Tennessee Department of
Education as necessary to provide that the rights and
privileges of teachers are not impaired, interrupted, or
diminished;
5) To work with the Shelby County Board of Education in
establishing a practical budget for the combined school
systems and with the appropriate parties to the Consent
Decree so that the budget is adequately funded;
6) To

gather

such

information

as

may

be

necessary

to

implement the Consent Decree and to report to the Court
orally or in writing, as may be necessary, considering
always that time is of the essence;
7) To promote cooperation among the parties and among the
members of the Shelby County Board of Education and to
encourage voluntary compliance with the Consent Decree;
and
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8) To recommend specific action by the Court if decisions
are not made or not timely made.
The special master may communicate ex parte with the Court,
with counsel, with representatives of the parties, or with other
individuals as necessary to perform his duties.
The Court appoints Rick Masson of Shelby County, Tennessee,
as

special

master.

Mr.

Masson

has

experience

in

municipal

administration and finance, the organization and management of
nonprofit
agencies.

organizations,

and

strategic

planning

for

public

He will serve at the pleasure of the Court and be

compensated at the rate of $250 an hour, plus expenses, payable
monthly.
City

His compensation will be paid one-half by the Memphis

Schools

and

one-half

by

the

provided in the Consent Decree.
the entry of this order.

Shelby

County

Schools,

as

He will assume his duties on

The special master is directed to take

all appropriate measures to perform his assigned duties fairly
and efficiently.
After diligent inquiry, the Court has determined that there
is no ground to disqualify the special master under 28 U.S.C. §
455.
The Court’s purpose in entering this order is not to assume
the management of the two school systems or to make decisions
about the transition.

The Court’s purpose is to fulfill its

obligation to enforce the Consent Decree.
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At a minimum, that

means that, in adequate time before the beginning of the school
year in 2013, students will know the school they will attend and
how they will get there, have a safe and clean place to learn,
have teachers prepared to teach them, and have an established
curriculum.
Education

It
must,

also
as

means
soon

that

as

the

Shelby

practicable,

County

appoint

Board
a

of

single

superintendent with strong educational credentials, even if on
an interim basis.
If circumstances require, the Court is prepared to expand
the duties of the special master and to make such decisions as
may

be

necessary

to

enforce

the

Consent

Decree.

No

such

decisions will be made without giving all parties notice and an
opportunity to be heard.
So ordered this 5th day of March, 2013.

s/ Samuel H. Mays, Jr.__________
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE

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