Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Commission Counsel Charter topic
No spam. Unsubscribe anytime.
Shelby County Commission advances charter amendment to let board hire its own counsel after divided debate
Summary
On second reading, commissioners debated whether to authorize the Board of Commissioners to appoint its own counsel; supporters cited independence and specialized expertise, opponents said it risks duplication and extra cost. The measure received 4 ayes, 2 noes and 3 abstentions and will proceed toward a third reading.
The Shelby County Board of Commissioners advanced an ordinance on its second reading that would amend the county charter to allow the Board to appoint and hire counsel to advise it in legislative matters, after a heated debate about separation of powers, potential costs and operational duplication.
Sponsor Commissioner Erica Sugarman urged the change, saying separate counsel would provide "independence and objectivity," reduce conflicts of interest with the mayor’s office, and deliver "specialized legal expertise" tailored to the commission's legislative role. Sugarman also said dedicated counsel would "enhance accountability and transparency."
Opponents, including Commissioner Morrison, characterized the proposal as duplicative and potentially confusing for the public and costly for taxpayers. "We already can have outside legal counsel anytime we perceive a conflict," Morrison said, urging caution about adding permanent, additional counsel. Commissioner Ford and Vice Chair Caswell cited past local experience in Memphis and concerns about preserving legislative authority.
County Attorney Marlon E. Iverson told the commission the charter already contains provisions for "special counsel" and pointed to Section 2.01/2.02; he said the proposed ordinance largely mirrors existing processes but would remove the word "special" so counsel could be appointed solely by the Board. Iverson also said he had contacted Linda Phillips, who quoted $5,000 to place a referendum on the ballot if the matter requires it.
The clerk recorded votes as follows: ayes — Commissioners Caswell, Sugarman, Ford and Thornton; noes — Commissioners Wright and Morrison; abstentions — Commissioners Mills, Brooks and Chair (recorded in the transcript as "Clay Vivs"). The clerk tallied 4 ayes, 2 noes and 3 abstentions. Chairwoman Clay Bibbs said the item will move to third reading for a future session.
