IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN ...

Case 2:11-cv-02101-SHM-cgc Document 459 Filed 11/27/12 Page 1 of 65 PageID 11897

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.

)

No. 11-2101

THE BOARD OF COUNTY

)

COMMISSIONERS OF SHELBY

)

COUNTY, TENNESSEE,

)

)

Third-Party Plaintiff,

)

)

v.

)

)

ROBERT E. COOPER, JR., et al., )

)

)

Third-Party Defendants.

)

ORDER

The original Complaint in this matter was filed by the Board of Education of Shelby County, Tennessee (the "Shelby County Board") on February 11, 2011. (ECF No. 1.) On June 26, 2012, Third-Party Plaintiff the Board of County Commissioners of Shelby County, Tennessee (the "Commissioners") moved to file a

Case 2:11-cv-02101-SHM-cgc Document 459 Filed 11/27/12 Page 2 of 65 PageID 11898

Third-Party Complaint for declaratory relief, permanent and

preliminary injunctive relief, and an expedited hearing. (ECF

No. 288.) The Commissioners allege that Chapter 905 and Chapter

970 of the Tennessee Public Acts of 2012 and Chapter 1, Section

3 of the Tennessee Public Acts of 2011 violate the Fourteenth

Amendment to the Constitution of the United States and Article

11, Sections 8 and 9 of the Constitution of the State of

Tennessee. The Third-Party Complaint names as Defendants Robert

E. Cooper in his official capacity as Attorney General of the

State of Tennessee; Tre Hargett in his official capacity as

Secretary of State of the State of Tennessee; Mark Goins in his

official capacity as Coordinator of Elections; the Tennessee

Department of State: Division of Elections; the Tennessee

Department of Education; and Kevin Huffman in his official

capacity as Commissioner of the State of Tennessee Department of

Education (collectively, the "State"); and the Shelby County

Election Commission. On July 5, 2012, the Court granted the

Commissioners motion.

(ECF No. 290.)

The Third-Party

Complaint was entered on July 5, 2012. (ECF No. 305.)

On July 9, 2012, the Court entered an order allowing the

City of Germantown, the Town of Collierville, the City of

Bartlett, and the City of Lakeland to intervene as Defendants.

(ECF No. 293.) On July 12, 2012, the Court granted an oral

motion allowing the City of Millington and the Town of Arlington

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to intervene and align with the other intervening Defendants (collectively, the "Municipalities"). On July 11, 2012, the Court entered an order allowing the City of Memphis and the Memphis City Council (collectively, the "Memphis City Plaintiffs") to join as Third-Party Plaintiffs. (ECF No. 304.)

On July 12, 2012, the Court held a hearing and denied the Commissioners request for a preliminary injunction. On July 13, 2012, the Court bifurcated the Commissioners Tennessee and United States constitutional claims.

The Commissioners filed an Amended Complaint on August 14, 2012. (ECF No. 358.) The Commissioners moved to file a Second Amended Complaint on August 16, 2012. (ECF No. 359.) On August 21, 2012, the Court granted that motion. (ECF No. 370.) The Second Amended Complaint was entered on August 22, 2012. (ECF No. 371.) The Third Amended Complaint was entered on October 5, 2012. (ECF No. 429) (the "Third Am. Compl.").)

A trial was held on September 4 and 5, 2012, at which the Court received proof in the form of testimony and exhibits and heard oral arguments. On October 4, 2012, all parties except the State filed proposed findings of fact and conclusions of law. (See Memphis Pls. Findings of Fact and Conclusions of Law, ECF No. 420; Commissioners Findings of Fact and Conclusions of Law, ECF No. 421; The Municipalities Findings of Fact and Conclusions of Law, ECF No. 422.) On October 5, 2012,

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the State filed proposed findings of fact and conclusions of law and adopted portions of the Municipalities findings of fact and conclusions of law. (ECF No. 425; 427.) The Court makes the following findings of fact and conclusions of law and orders the following relief.

I. Background In 1869, the State of Tennessee granted the Memphis City Board of Education a charter to operate a public school system in Memphis. (August 8, 2011 Order 5-6, ECF No. 243.) (the "August 8 Order.") From 1869 to 2010, Memphis City Schools grew to become the largest school system in Tennessee and the twentythird largest public school system in the United States. (Id. 3.) It served approximately 105,000 students in 209 schools. (Id.) The student demographics were 85.7% African-American, 7.0% Caucasian, 5.9% Hispanic, and 1.4% other races and nationalities. (Id.) Memphis City Schools owned land valued at $34,699,701, buildings and improvements valued at $802,832,197, and machinery and equipment valued at $54,694,705. (Id. 3-4.) Memphis City Schools had approximately 16,000 full and part-time staff, including more than 7,000 teachers. (Id. 4.) The City of Memphis is located in Shelby County, Tennessee. The Shelby County Board operated the Shelby County Schools, a separate school system that included all public schools in Shelby County outside Memphis. (Id. 4.) Shelby County Schools

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had more than 48,000 students and was the fourth largest school

system in Tennessee. (Id.) The student demographics were 55.2%

Caucasian, 36.1% African-American, 4.0% Hispanic, 0.4% Native

American, and 4.3% Asian/Pacific Islander. (Id.) Shelby County

Schools had 51 schools and more than 5,200 employees. (Id.)

On December 20, 2010, the Memphis Board of Education (the

"Memphis City Board") voted to dissolve the Charter of the

Memphis City Schools under Chapter 375 of the Private Acts of

1961. (Id. 4.)

When the Memphis City Board adopted its December 20, 2010

resolution, Tennessee Code Annotated ? 49-2-502(a) provided in

its entirety that:

The school board, school commissioners, school trustees or other duly constituted administrative officials of any special school district are 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, and the expenses of the election shall be paid from the funds of the special school district.

Tenn. Code Ann. ? 49-2-502(a) (2009).

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