Meeting to Resolve Merger Lawsuits Learning Process

Meeting to Resolve Merger Lawsuits

Written on April 13, 2011 – 6:41 am | by Christopher Tulloch

MEMPHIS, Tenn. – A court battle over the consolidation of Memphis and Shelby County schools has long been expected but Thursday lawyers met to try and hammer out a compromise outside of court.

A federal judge gave a deadline of Tuesday to work it out, without going to court.

A lawyer for the county schools, a lawyer for the city schools, a lawyer for Memphis, and a lawyer for the County Commission all met to avoid a date in federal court.

“I’m encouraged that the lawyers are going to get together and talk about this. I think that’s a positive step forward,” said Mike Carpenter. Mike Carpenter is a county commissioner and a client of one of the attorney’s in the private meeting. He said Thursday’s meeting is a follow up to a meeting earlier in the week.

“If negotiations had broken down completely then we wouldn’t have this meeting today, so I’m hopeful,” said Carpenter.

Carpenter said as far as he’s concerned, negotiations can only go so far. A key issue of the federal suit is the commission wants to appoint a 25 member school board as soon as possible to oversee the merger. The Shelby County School board is suing to stop the process.

“We have to appoint a board, a unified board that’s representative of the city of Memphis. That fundamental to what our responsibilities is and what is right,” said Carpenter. The Shelby County Board has declined to comment on the suit, but when it was filed said it fundamentally believes the new state law, known as the Norris-Todd bill, is what should govern the merger. City councilman Harold Collins said that bill is against the will of the voters.

“The people have spoken, the people of Memphis have said they want a unified system. We hope the lawyers give that, if not the judge will have to do it for us,” said Collins. So with these fundamental beliefs, is a true compromise possible?

“Probably not today,” laughed Collins. Or is a lawsuit inevitable?

“At least we’ve made the effort, and I think I feel comfortable that we have and we will have made an honest effort to try and meet halfway,” said Carpenter.

The federal judge will meet with all the attorneys Tuesday to see if a compromise has been met. Another hearing is scheduled for May 25th and if there is no compromise, a trial would start in September.

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