Shelby County commissioners fail to win two-thirds to send charter amendment on independent commission attorney to ballot

The Shelby County Board of Commissioners considered a charter amendment on Aug. 21, 2024 that would authorize the Board to appoint a commission attorney to advise the Board independently of the county attorney. The ordinance was moved by Commissioner Britney Thornton and seconded by Commissioner Erica Sugarman; the General Government Committee forwarded the item without recommendation.

Supporters framed the proposal as a checks‑and‑balances measure. “If the voters vote to allow us to have our own independent attorney, we can move forward in a more independent…a more independent body,” Commissioner Sugarman said during debate, arguing the Board needs direct legal advice separate from the executive branch. Commissioner Thornton described the change as necessary to clarify the separation of powers and to allow the public to weigh in by referendum.

County Attorney Marlene Anderson told commissioners the maintenance‑of‑effort law cited in discussion passed in the 2024 legislative session and that her office learned of it when CTAS circulated legislative summaries, “I believe it passed in this past legislative cycle. So 2024 General Assembly,” she said when asked for timing. Commissioners pressed on whether the commission could fully fund and define a commission attorney’s duties; Anderson said the commission could pay the position from its budget if it chose.

Opponents warned the change could institutionalize adversarial relations among elected officials and raised concerns about cost and practical use of a new hire. “One of the main problems I’ve encountered…is that in a lot of cases we’re not working together,” Commissioner Wright said, arguing the amendment could exacerbate division rather than improve governance.

On the roll call, eight commissioners voted yes (Caswell, Sugarman, Mills, Ford, Thornton, Brooks, Lowery and Chairwoman Clay Bibbs), three voted no (Wright, Whaley and Bradford), and Commissioner Avent abstained. The parliamentarian and county attorney reminded the body that a charter amendment requires a two‑thirds vote under Article V; the item needed nine affirmative votes to be placed on the Nov. 5, 2024 countywide ballot and therefore failed.

The commission adjourned the special call; because the charter amendment did not pass the required threshold it will not appear on the Nov. 5 ballot. Commissioners and staff noted the ballot‑submission deadline was imminent, which prompted the special‑call meeting.