County gives OK to school agreements

Accord with Arlington, Lakeland settles lawsuit

The Shelby County Commission has moved toward ending the schools lawsuit, approving on Friday agreements reached between the cities of Ar- lington, Lakeland and Shelby County Schools.

The agreement, through a $10 quitclaim deed, turns over all of the schools within those municipalities to their local school boards and settles the county’s lawsuit with those cities for a total of $4.7 million.

The resolution for Lakeland passed in a 10-0 vote. Commissioner Henri Brooks abstained. The resolution for Arlington passed 10-1 with Brooks voting no. Commissioners Walter Bailey and Wyatt Bunker were not present.

The settlement also does not allow the County Commission to sue the municipalities again over the equal protection claims, said Lori Patterson, the commission’s outside counsel.

Those claims allege violations to the 14th Amend- ment and the resegregation of public schools.

Brooks stated that she did not feel that the equal protection component of the lawsuit was addressed and that a better settlement could have been reached through federal arbitration.

“I am not for continuing

this lawsuit. I stand readily beside my colleagues to end this litigation,” she said. “However, in stating that, I do not want to put my constituents at a disadvantage. I do not believe this was the best deal.”

Also vocally opposed to the settlement was former Memphis School Board member Martavious Jones, who called it a bad deal for the 81½ percent of residents who live in Memphis and unincorporated Shelby County.

Jones said the agreements give away schools that those residents helped pay for but will never be able to attend. He also said it endorses the “separatist and secessionist” movement of the municipalities.

“Commissioners, your body is the only legislative body that represents all of Shelby County, not just a pocket here or an enclave there,” he said. “By endorsing this plan you will be approving the most ill-advised real estate transaction since the Louisiana Purchase.”

Property taxes don’t match population, Commissioner Mike Ritz said, and with the high number of school-age children in Memphis, compared to the county’s other cities, Memphians get a good deal.

Ritz was the only commissioner involved in the settlement talks, a process that began months ago.

During that time the differences between the parties had to be modified and everyone had to change their expectation, he said.

“No party got what they wanted entirely. That’s the nature of negotiations,” Ritz said. “I think everybody walks away feeling that we have a good settlement for all concerned.”

According to County Commissioner Chris Thomas, on Friday a deal was also reached with Millington to receive four schools within its boundaries, but not Lucy Elementary, and will pay about $230,000 a year for 12 years.

The city’s school board could address the issue at a meeting on Tuesday, he said.

The Arlington Board of Mayor and Aldermen on Wednesday had approved the plan for that town with little discussion.

Arlington will pay $333,333 a year, or nearly $4 million over 12 years, to settle the lawsuit, and will take over operation of Arlington Elementary, Arlington Middle, Arlington High and Donelson Elementary schools.

The schools will retain all of the furniture, fixtures, books and equipment in the buildings and on the grounds.

The districts for the new school systems will be the cities’ boundaries.

A newly elected Arlington School Board will approve the agreements after they are sworn in on Dec. 2.

Bunker, who is also mayor of Lakeland, said earlier this week that the city’s board of commissioners and the new school board may ratify the agreement on Dec. 2, after being sworn in.

Lakeland has reached a similar agreement with SCS, keeping Lakeland Elementary and paying the county system $676,044 divided into installments over 12 years.

Other settlements are also being finalized by most of the county’s municipalities.

Collierville is expected to add an item to its regular Board of Mayor and Aldermen meeting agenda Monday to ratify an agreement. The Bartlett Board of Mayor and Aldermen has a special called meeting Wednesday to address a proposed settlement.

Bartlett will pay nearly $7.3 million over the coming 12 years and Collierville slightly more than $6 million.

Should any of the systems fail to make payments, the buildings will go back to SCS.

However, there is no timetable for Germantown, where SCS wants to keep three schools located within the city’s borders.

The settlements will put to rest a lawsuit that sought to block the creation of municipal schools, a matter that was partially resolved with new laws enacted by the Tennessee Legislature.

The County Commission expects to vote on the remaining town settlements on Dec. 2 at 1 p.m. Clay Bailey contributed to this report.