I am having a hard time fathoming how a new consent decree would work or how it would be negotiated.
I'm still also having trouble seeing how a delay to the merger could take place at this point in the process, even if the parties agree to change the consent decree. It seems the toothpaste is mostly out of the tube at this point with little opportunity to turn back.
In a hypothetical though, if a new consent decree was drafted providing for a 1 year delay, I would have to wonder who the MSDs would be negotiating with in regard to building transfer, property transfer, and issues of that nature. My guess would be in absence of a merged SCS district, the MSD boards would be negotiating with the 7 member SCS board that only represents the non-Memphis portions of Shelby County.
For a non-lawyer, it's hard for me to wrap my head around the thought process.
My guess on how this plays out is that the school board gets the dirty work done, because they have to, and the political posturing has to end at some point. We will have a merged district this fall, no delays. It'll probably be a large CF as people get used to all the new changes and as unforeseen issues pop up, but it'll happen. I also think Mays holds off on allowing expansion of the school board and encourages parties to redraft that portion of the consent decree. He clearly believes MSDs are going to be a reality, considering that he's looked at districting in terms of how it would be impacted by the removal of the suburbs.
Next summer, they're going to have to redistrict for the loss of suburban cities anyway, so it would be a bit silly in my opinion to appoint members or redistrict and elect members this fall or winter sometime, when they'll have to go through another change 6 months later. The only value is for the CC8 to hope they get more anti-suburban members on the board to try to create a bigger divide in the community than already exists.
Re the "editorial notes": Those are typos, guys -- or were. Corrected now, thanks to your Eagle eye(s). And thanks for your kind words.
@Jackson
Excellent report as usual, although I must agree with Oak Tree's editorial notes.
I wonder sometimes whether it is the substance of your reporting or the outstanding wordsmithing that makes your work so enjoyable to read.
Keep us informed on this new round of talks. I assume all the parties to the consent agreement, and the Unified Board, will be participants. Is that your understanding also?
The government isn't doing much work at all right now thanks mostly to the two party political monster that we've allowed grow right before our eyes.
It appears that people are starting to move toward practical resolution of these issues rather than just political posturing. Which is excellent. However, Whalum's initiative, and the Special Master's replies, do provide us with the ground rules required for a new consent decree on a more rational strategy for unification. Were I Luttrell, I would be very interested in revisiting that issue with the appropriate parties. Especially considering the county's financial responsibilities, and the city's still unpaid MOE liabilities.
Endgame is definitely more enlightening than the muddled mess we have had up to this point. Great article, Jackson.
Editorial notes:
second paragraph - 'Delphically', not 'Delpically'
Masson's quote - 'great faith in the democratic process', not 'Democratic'
As some of the others have said, history is full of judges, leaders, and law makers dangling at the end of ropes that have allowed themselves to become corrupt and power seeking on the heads and backs of the people they were supposed to be supporting.
If you can truthfully say the present “government” is acting on the behalf of the typical law abiding/ taxpaying/ hard working American citizen and AGAINST the interest of the typical criminal and “illegal” alien or foreign nationals hoping to profit in some way through corruption, then our government is just in their actions in protecting its citizens.
Blah, blah, blah...... hey Stephen, you going go after those Farm Subsidies as well as Fannie Mae and Freddie Mac? Oh wait, you did..........to the tune of almost $9M over the past decade.
I'm a firm believer that every politician should be required to join the Screen Actors Guild (SAG)........one fantasy performance is just like another, and the most amazing thing is that just like in the theater, for the moment the audience actually believes it to be real.
What's the old saying , "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson. That's what I believe in. At this point in time the majority of Americans are not going to try and overthrow the government. If our government decided to rewrite the Constitution or suspend it for their own benefit and in doing so imprisoned, tortured or killed citizens that did not believe or condone to what the government was doing there would be spillage. And I do not care what some people say that our government and military is too strong for the citizens to do anything, they are just plain ignorant of history. There are hundred of times 'citizens' have overthrown a more powerful government than themselves. As recent as the 21st and 20th century the books are full of governments being overthrown. And A LOT of those governments were backed by the US or puppets of our government or other powerful governments. With bows and arrows and hundred year old weapons against 20th and 21st century modern weapons. It has happened in the past and it will happen in the future. Please do not be conned by some people into the thought regular citizens would not stand a chance against the US military. Those are the ones that do not remember history. There are millions of us that are ex-military and know the workings of the 'NEW' military and still have our 'bows and arrows' and hundred year old weapons. And no I'm not an advocate of overthrowing the US Government UNLESS the country turns down that dark road of being for themselves and not FOR THE PEOPLE.
Tell it to the judge. If you take up arms against a legitimately elected government, expect to be treated as the criminal you are.
Forcibly resisting your government is not a laughing matter. No more funny than the genocides that have plagued humanity.
In every instance, it was government that enabled the killing, and it's law enforcement officers which executed the orders.
The 2nd Amendment protects the People's ability to maintain a free State, from all enemies, foreign or domestic. This means resisting tyrannical government. What is tyranny? Thomas Jefferson defined it as that which is legal for the government, yet illegal for a citizen.
Resisting tyranny means civil disobedience or non-compliance with a government that does not obey the law. Its does not mean attacking the government or coup. It does mean using any force necessary to protect you life and property from anyone that would break the law in order to deprive you of either.
It means protecting your own right to life and liberty, when the government has failed to do so.
Allowing yourself to be maimed or killed by a criminal is not a civic duty. Some law enforcement agents are also criminals. Criminals with badges have no special privileges to inflict injury on citizens. Citizens have no obligation to suffer injury at the hands of a criminal police.
So ask yourself: Is there anything the government could do to you or your family that would cause you to forcibly resist? Would you ever, under any imaginable circumstance fight back against law enforcement?
@Drift
Sorry, I did not read your post all the way through.
I have not been able to find out whether or not the SCC will even be a part of these talks. Do you know?
I am guessing yes, but I am not sure.
Good to hear, AP. It is about time.
The Municipal mayors are taking the bull by the horns. They have invited the Unified BOE to sit down with them and see if we cannot work our all the issues (unincorporated kids, facilities, budgets) like adults.
I am hearing that the mayor's invitation will be accepted by the Unified BOE.
So perhaps, just perhaps, reason will prevail.
I just read this excerpt from the mayor speech to the Rotary Club.
"I will say that one of the toughest parts of the job of being mayor is how can we build together a county government that indeed unites our community.”
Well mayor, considering you have a county commission that sided with Memphis and sued the suburban cities, and considering that the commission lawyers called the folks in the suburbs everything but a child of God, it might be that you will have to build that united community somewhere besides Shelby County. Having said that, I understand that the suburban attorneys have contacted the attorney for the school board in an attempt to negotiate some of issues that will arise once the city schools in the suburbs are a reality. Without the Ritz factor involved perhaps something can be done. When I see it I'll believe it.
I wonder how he would feel if an armed mob...er…militia, showed up at his office as its first stop on the path to cleansing our government?
Grove,
Until the school board actively pursues the city for the MOE then I would give them NOTHING on that account.
So Fincher wants people to be armed so they can stage a coup against a popularly elected President? Isn't that sedition?
Agree Drift...
Include the increase due to the lack of MOE from Memphis, maybe tack on a small 1.5% for inflation and call it a budget.
Dictate to the school board what their budget is and let them figure out how they want to make it work.
If the 2nd Amendment is aimed at government, who exactly does Rep. Fincher think we need to shoot? The police? Members of the armed forces? Members of Congress? We've had recent examples of all three in the news, and in every case the shooters were widely condemned as terrorists and murderers.
I was always taught in my firearms safety class that you never point a gun at something you do not intend to destroy.
Re: “Fincher: 2nd Amendment Aimed at Government”
"Both oligarch and tyrant mistrust the people, and therefore deprive them of their arms."
- Aristotle