IN GENERAL

Memphis Charter art. 81, div. I

in effect

Memphis Charter, art. 81, § 935 Management and control of schools vested in board; composition of board.

Sec. 935. - Management and control of schools vested in board; composition of board. The Memphis City schools shall hereafter be placed under the exclusive management and control of a board of education, consisting of nine (9) members who shall be elected from said City of Memphis at large as hereinafter directed. (Priv. Acts 1868-69, ch. 39, § 1; Acts 1883, ch. 17, § 1; Priv. Acts 1970, ch. 340, § 2)

Memphis Charter, art. 81, § 936 Creation of board; general corporate powers.

Sec. 936. - Creation of board; general corporate powers. Said board are [is] hereby created and constituted a body politic and corporate, by the name and style of the Board of Education of the Memphis City Schools, the life and existence of which corporation shall be perpetual and permanent, and by the name and style aforesaid, may purchase, receive, hold and possess property of any kind for the use of said City schools; may sue and be sued, plead and be impleaded, answer and be answered unto in all courts of record and courts of inferior jurisdiction. And said board shall have power to make, have and use a common seal, the same to break, alter and renew at pleasure, and generally to do and execute all acts, matters and things which a corporation or body politic in law may and can lawfully do and execute. (Priv. Acts 868-69, ch. 30, § 1; Priv. Acts 1959, ch. 24, § 2)

Memphis Charter, art. 81, § 937 Election and term of members of board.

Sec. 937. - Election and term of members of board. (a) The board of education of the Memphis City schools shall consist of nine (9) members, seven (7) of whom shall be elected from seven (7) districts within the limits of the City of Memphis and two (2) of whom shall be elected from the City of Memphis at large, as hereinafter described. Each member shall be a resident of the City of Memphis and of the district from which he or she is elected. No person shall be elected, or appointed as hereinafter provided, as a member of the board of education of the Memphis City schools unless he or she shall have been a resident voter and taxpayer of the City of Memphis for not less than five (5) years preceding his or her election or appointment, or unless he or she shall have resided during the five (5) years preceding his or her election or appointment in territory that has been annexed to, and at the time of such election or appointment forms a part of, the City of Memphis, but it shall not be necessary for the territory in which such person resides to be annexed for five (5) years; nor shall any person be elected or appointed as a member of the said board of education from a particular district unless he or she has been a resident of such district for not less than six (6) months preceding the date of his or her election. A second "home" or apartment in a district, where true domicile is not established, shall not be sufficient for residency under this section. (b) Each of the seven (7) districts for the election of members of the board of education of the Memphis City schools shall be the same district as provided in the charter of the City of Memphis, as from time to time amended, for councilmen of the City of Memphis as such districts exist on the final qualification date for submission of nominating petitions to the Shelby County election commission prior to the municipal election in which such members of the said board are elected. (c) The first election of the board of education of the Memphis City schools as herein provided shall take place on the first Thursday following the first Tuesday in October, 1971. In all elections for members of the board of education of the Memphis City schools, it shall be required that, in order to be elected, a candidate for membership on the board of education of the Memphis City schools must receive a majority of all of the votes cast for that office in his district or for his or her at large position. If no candidate receives such. a majority of votes in the election held on the first Thursday following the first Tuesday in October of every fourth year beginning in October, 1971, then a municipal election shall be held four (4) weeks thereafter wherein the two (2) candidates receiving the highest number of votes in the October election shall be the only candidates in such district or position, and the candidates in each district or position receiving a majority of the votes cast in such run-off election shall be elected. (d) Members of the board of education of the Memphis City schools shall serve for terms of four (4) years, beginning January 1, 1972, and shall hold office until their successors are elected and qualified. They shall meet at times now required of the board of education of the Memphis City schools under the Act of 1869, as amended. The board of education of Memphis City schools shall elect from among its membership its own presiding officer, who shall be designated president of the board of education, for a term of one (1) year. The president shall be eligible to succeed himself. (Priv. Acts 1961, ch. 379, § 2; Priv. Acts 1967, ch. 220, §§ 1, 2; Priv. Acts 1967, ch. 260, §§ 1, 2; Priv. Acts 1970, ch. 340, §§ 2—5)

Memphis Charter, art. 81, § 937.1 Candidates to run for numbered places.

Sec. 937.1. - Candidates to run for numbered places. A nominating petition or other qualifying procedure on behalf of a candidate for the office of member of the board of education of the Memphis City schools for a district shall designate the number of the particular district for which he or she is a candidate. A nominating petition or other qualifying procedure on behalf of a candidate for the said board of education for an at large position shall designate the position by number one or two for which he or she is a candidate. Each nominating petition shall be personally signed by the candidate in the same manner as provided in Section 2-811, Tennessee Code Annotated, and shall be accompanied by a deposit of one hundred dollars ($100.00) to be made with the secretary of the Shelby County election commission. In the event a candidate shall be elected, or shall receive as much as ten percent (10%) of the total votes polled in the particular race in which he or she is a candidate, said amount shall be refunded to such candidate; otherwise, said amount shall be paid by the secretary of the Shelby County election commission to the Comptroller of the City of Memphis and by him added to the funds theretofore authorized by the legislative council of the City of Memphis to be paid to the board of education of the Memphis City schools. Such funds shall be earmarked for education within the City limits of the City of Memphis and shall be in addition to all other funds, whether local, State or federal, authorized and/or paid over to the Memphis City schools, to be used in such manner for the improvement of education within the City of Memphis as the board of education of the Memphis City schools shall direct. (Priv. Acts 1959, ch. 226, §§ 1—5; Priv. Acts 1967, ch. 260, § 3; Priv. Acts 1970, ch. 340, § 7)

Memphis Charter, art. 81, § 938 Organization of board; election of officers.

Sec. 938. - Organization of board; election of officers. At the first meeting following each election of school commissioners, the board shall, from among its members, select a president and vice-president. The board shall also select the secretary, treasurer and superintendent who shall not be members of the board. The board may also select such other officers and servants as to them shall seem necessary to accomplish the object of the corporation and shall prescribe the powers, duties, obligations and compensation of the same. (Priv. Acts 1868-69, ch. 30, § 6; Acts 1883, ch. 17, § 7; Priv. Acts 1941, ch. 42; Priv. Acts 1967, ch. 260, § 4; Priv. Acts 1970, ch. 340, § 5)

Memphis Charter, art. 81, § 939 Adjournments until organized.

Sec. 939. - Adjournments until organized. They may adjourn from day to day until the organization is perfect. (Priv. Acts 1868-69, ch. 30, § 5)

Memphis Charter, art. 81, § 940 Commissioners ineligible as secretary or treasurer.

Sec. 940. - Commissioners ineligible as secretary or treasurer. No commissioner shall be eligible to the position of secretary or treasurer during the term for which he was elected commissioner. (Acts 1883, ch. 17, § 7; Acts 1907, ch. 87, § 3)

Memphis Charter, art. 81, § 941 Qualifications of members generally; board to be judge of qualifications.

Sec. 941. - Qualifications of members generally; board to be judge of qualifications. No member of the Board of Commissioners, or officer of the corporation of the City of Memphis, elected, shall be eligible to membership in the board of education. They shall be citizens of said City. Each commissioner shall be a man of good moral character and temperate habits. He shall be able to read and write and shall have a general knowledge of the common branches of learning sufficient to enable him to judge of the qualifications of teachers. He shall not hold any office or position for pay or compensation in the employ of the board of education, except the office of president, vice-president or Chairman of its committee on buildings and grounds, nor shall he be interested, directly or indirectly, in any contract or business of said board. The board of education shall be judge of the qualifications of its own members. (Priv. Acts 1868-69, ch. 30, § 12; Acts 1883, ch. 17, § 5; Acts 1907, ch. 87, § 1)

Memphis Charter, art. 81, § 942 Eligibility of women to election on board.

Sec. 942. - Eligibility of women to election on board. In the election of members of boards of education in cities and counties, and in the election of members of the governing boards of all State, County and municipal institutions, women of the age of twenty-one and otherwise possessing the necessary qualifications shall be eligible for such positions; provided, that this Act shall not apply to counties having a population between 16,525 and 16,540 or counties of population of 25,390 to 25,400 of the Federal Census of 1910 or any subsequent Federal Census. (Pub. Acts 1915, ch. 16, § 1)

Memphis Charter, art. 81, § 943 Quorum.

Sec. 943. - Quorum. The board of education of the Memphis City schools shall require a majority of its members to form a quorum for the transaction of business, but a smaller number may adjourn from day to day, and is empowered to adopt such measures as are necessary to compel the attendance of absent members. (Acts 1907, ch. 87, § 2; Priv. Acts 1970, ch. 340, § 10)

Memphis Charter, art. 81, § 944 By-laws.

Sec. 944. - By-laws. Said board of education shall enact the by-laws for their government. (Acts 1883, ch. 17, § 7; Acts 1907, ch. 87, § 3)

Memphis Charter, art. 81, § 945 Bonds of president and commissioners.

Sec. 945. - Bonds of president and commissioners. Each one of the five commissioners shall enter into bonds in the sum of $5,000.00 with two good and sufficient sureties, which bonds shall be approved, in writing, by and filed with the Mayor of the City for the faithful performance of their duties; and the president of the board shall also enter into an additional bond of $5,000.00, secured, approved and filed in like manner, for the faithful performance of his duties as president. (Acts 1883, ch. 17, § 5; Acts 1907, ch. 87, § 1)

Memphis Charter, art. 81, § 946 Compensation of president and members of board.

Sec. 946. - Compensation of president and members of board. Members of the board of education of the Memphis City schools shall be paid five thousand dollars ($5,000.00) per annum, payable semi-monthly, and the president of the said board shall be paid five thousand dollars ($5,000.00) per annum, payable semi-monthly. The members of the board of education, including the president, shall not be required to devote full time to their duties but may engage actively in other businesses or professions not directly connected therewith. (Priv. Acts 1951, ch. 378, §§ 2, 3; Priv. Acts 1970, ch. 340, § 6)

Memphis Charter, art. 81, § 947 Vacancies—Removal of residence.

Sec. 947. - Vacancies—Removal of residence. Removal of residence by a member of the board of education of the Memphis City schools from the City of Memphis shall constitute a vacancy on the said board, but removal from one district to another shall not constitute such vacancy; provided, however, that such person moving from one district to another shall not be eligible for re-election from the district in which he originally resided. Upon any vacancy occurring on the board of education, including a vacancy in the office of president, by reason of death, resignation, removal, or otherwise, the remaining members of the board shall have the power by a majority vote to elect a person to fill such vacancy and to serve until the next general election when his or her successor is elected and qualified. Said vacancy shall be filled as soon as possible and within a period not to exceed thirty (30) days thereafter. Such elected member shall possess the requisite qualifications for membership on the board of education of the Memphis City schools, including the requirement that he or she be a resident of the district from which he or she is elected. Such person shall take office immediately upon election and hold said office until his or her successor is elected and qualified. A successor shall be elected by the registered voters of the City or of the district to fill out the remainder of the term of the member of the board of education whose seat was vacated in the same manner as now provided for filling vacancies on the legislative council of the City of Memphis; provided, however, that such special municipal election shall be held on the date of the next regular August or November election, whichever shall first occur, and provided, further, that not less than sixty (60) days occur between the creation of the said vacancy and the date of the next regular election. In the event that less than sixty (60) days exist between the creation of the vacancy and the next regular election, the election to fill the unexpired term shall go over to the next succeeding general or municipal election. (Priv. Acts 1868-69, ch. 30, § 12; Priv. Acts 1970, ch. 340, § 8)

Memphis Charter, art. 81, § 948 Same—Absent from City.

Sec. 948. - Same—Absent from City. In the event a person elected as a member of the board of education of the Memphis City schools shall be absent from duty without proper and reasonable explanation therefor being made to the said board for a period of ninety (90) days, his or her said office shall be declared vacated and said vacancy shall be filled as hereinabove provided. (Acts 1883, ch. 17, § 4; Priv. Acts 1927, ch. 470, § 1; Priv. Acts 1951, ch. 378, § 5; Priv. Acts 1967, ch. 260, § 5; Priv. Acts 1970, ch. 340, § 9)

Memphis Charter, art. 81, § 949 General powers of commissioners.

Sec. 949. - General powers of commissioners. Said five commissioners shall each have and possess all the powers and privileges which have heretofore been conferred on a member of said board of education, except where said powers and privileges have been herein restricted and modified. (Acts 1883, ch. 17, § 6; Acts 1907, ch. 87, § 2)

Memphis Charter, art. 81, § 950 Power of board over its own members.

Sec. 950. - Power of board over its own members. Said board shall have power to punish members for disorderly conduct at the meetings of the board or in the discharge of their duty as members of the board of education, and, with concurrence of two-thirds of the members elected, expel a member. (Priv. Acts 1868-69, ch. 30, § 7)

Memphis Charter, art. 81, § 951 Power of board over schools and subordinates.

Sec. 951. - Power of board over schools and subordinates. Said board shall have the power to employ and dismiss superintendents, teachers, agents, servants, etc., and determine their compensation; to contract for school rooms, purchase maps, globes, and whatever else they may deem necessary for the proper instruction of the pupils, and adopt such rules and regulations for their own government and the government of the schools, as they may deem expedient, keeping a full record of their proceedings. (Priv. Acts 1868-69, ch. 30, § 7)

Memphis Charter, art. 81, § 952 Vacant or unused real estate—Authority of board to sell; investment of proceeds.

Sec. 952. - Vacant or unused real estate—Authority of board to sell; investment of proceeds. The Board of Education of the Memphis City Schools shall have the power and is hereby authorized in its discretion to sell for cash or upon reasonable credit terms any vacant or unused real estate, title to which is vested in the said Board of Education of Memphis City Schools, and to invest the proceeds of such sale or sales in permanent improvements or in other real estate; provided this shall not apply to property in which the board of education has only an easement for school purposes. (Priv. Acts 1919, ch. 335, § 1)

Memphis Charter, art. 81, § 953 Same—Execution of warranty deeds.

Sec. 953. - Same—Execution of warranty deeds. The said Board of Education of the Memphis City Schools is hereby empowered to execute proper and necessary warranty deeds conveying title to any such real estate so sold, and the purchaser or purchasers at any such sale or sales shall not be required to look to the application of the purchase money. (Priv. Acts 1919, ch. 335, § 2)

Memphis Charter, art. 81, § 954 Same—Deferred purchase price to be secured by lien or deed of trust.

Sec. 954. - Same—Deferred purchase price to be secured by lien or deed of trust. In the event such vacant or unused real estate shall be sold upon credit terms, the deferred payments for the purchase money shall be secured by a lien or deed of trust upon the property so sold. (Priv. Acts 1919, ch. 335, § 3)

Memphis Charter, art. 81, § 954.1 Consolidation of facilities and services of City and County boards.

Sec. 954.1. - Consolidation of facilities and services of City and County boards. The Act entitled "An Act to Charter the Memphis City Schools" passed January 27, 1869, and all amendments thereto, constituting the Charter of the Board of Education of the Memphis City Schools, be and the same are hereby amended so as to authorize and empower said board of education, with the approval of the Board of Commissioners of the City of Memphis, to enter into a contract, or contracts, with the Shelby County board of education, and with the approval of the Quarterly County Court of Shelby County, to provide for consolidation of all or any part of the facilities of and services rendered by said boards of education, including but not limited to the consolidation of administration, employment of personnel, acquisition of land, construction of buildings and other improvements, purchasing of material and supplies, maintenance of property and equipment, pension systems, issuance of bonds and disposition of proceeds of the sale thereof, and allocation of other funds received or to be received by said boards of education from any and all sources. (Priv. Acts 1955, ch. 350, § 1)

Memphis Charter, art. 81, § 968 Condemnation of land for school purposes.

Sec. 968. - Condemnation of land for school purposes. The said Board of Education of the Memphis City Schools is hereby authorized and empowered to take, appropriate and condemn, under the right of eminent domain, the fee of lands and interest in lands necessary for the erection of public school buildings, the establishment of school play grounds, or for the use in the maintenance or operation of public schools; provided, however, that said Board of Education of Memphis City Schools shall pay just compensation therefor, and shall proceed in the manner provided in sections 1326 to 1348, inclusive, of the Code of Tennessee.* And the aforesaid power so to condemn under the right of eminent domain may be exercised by said Board of Education of the Memphis City Schools with respect to lands situated either within or beyond the corporate limits of the City of Memphis, Tennessee. (Priv. Acts 1925, ch. 237, § 2; Priv. Acts 1953, ch. 291, § 1)

Memphis Charter, art. 81, § 969 Signing and sealing of instruments.

Sec. 969. - Signing and sealing of instruments. All contracts, orders, drafts upon the school fund, notes, bonds, obligations, conveyances, transfers of real estate and all other instruments of writing made or ordered to be made or executed by the board shall be signed by the president, and shall be countersigned by the secretary, or by such other person as shall be duly and legally authorized by said board, and, when necessary, sealed with the corporate seal of the board. (Priv. Acts 1868-69, ch. 30, § 6)

Memphis Charter, art. 81, § 973 Bonds of secretary and treasurer.

Sec. 973. - Bonds of secretary and treasurer. The treasurer and secretary shall give bond in such penalty as the board may direct, for the faithful performance of their duties, with such security as the board may approve. (Priv. Acts 1868-69, ch. 30, § 6)

Memphis Charter, art. 81, § 974 Salary of superintendent and secretary.

Sec. 974. - Salary of superintendent and secretary. The salary of the superintendent and the salary of the secretary shall be fixed by the board of education in such respective amounts as such board of education shall determine to be proper, without being restricted in amount to limitations that may have existed prior to the enactment of this Act; provided, however, the said salaries of the superintendent and secretary so fixed by such board of education shall be subject to the approval of the Board of Commissioners or other governing body of such taxing district. (Priv. Acts 1951, ch. 378, § 4)

Memphis Charter, art. 81, § 985 Observation and practice school for teachers.

Sec. 985. - Observation and practice school for teachers. The West Tennessee State Normal School (West Tennessee State Teachers College) shall give the teachers of said County (Shelby) and City (Memphis) all the privileges of an observation and practice school and render such reasonable services in the County and City institutes as may be required by said County and City board of education. (Priv. Acts 1911, ch. 36, § 2)

Memphis Charter, art. 81, § 1000 Board to provide separate schools for white and colored pupils.

Sec 1000. - Board to provide separate schools for white and colored pupils. Said board of education shall provide and maintain separate schools for the use and accommodation of the white and colored youths of the City entitled to admission in the public schools of the City of Memphis, subject to all respects, to the same rules, regulations and treatment. (Priv. Acts 1868-69, ch. 30, § 14)

Memphis Charter, art. 81, § 1001 Pupils who may attend; pupils beyond City limits; higher branches of study.

Sec. 1001. - Pupils who may attend; pupils beyond City limits; higher branches of study. No one shall be admitted as a free pupil in said City schools except the children of persons who are bona fide residents within the limits of said City, but the board of education may admit children living beyond said City limits, upon payment, in advance, to the secretary or treasurer, of such tuition fees as they shall prescribe, and such payment may also be taken for pupils whose parents or guardians reside out of said City, but permit their children or wards to reside within it to attend said City schools, and the board may, at their discretion, prescribe higher branches of study than those which are commonly taught in the public schools of other cities. (Priv. Acts 1868-69, ch. 30, § 8)

Memphis Charter, art. 81, § 1036 Free textbooks may be furnished pupils.

Sec. 1036. - Free textbooks may be furnished pupils. Incorporated boards of education of public schools in cities or taxing districts having a population of 130,000 or more according to the Federal Census of 1910, or any subsequent Federal Census, are hereby vested with authority and power forthwith to install, establish and maintain for the public schools of said cities or taxing districts a system whereby textbooks for the use of pupils or students in said public schools of such cities or taxing districts are provided by the said boards of education and furnished free of charge to the pupils or students attending the public schools of said City; and said boards of education are hereby authorized and empowered to install and establish said system of providing free textbooks for pupils of the public schools of said cities or taxing districts in such manner or means as said boards of education may deem expedient, economical, reasonable, and for the best interests of the inhabitants of said cities or taxing districts and the pupils attending the public schools therein situated; and said boards of education are hereby vested with power and authority to promulgate and enforce for the maintenance of said free textbook system such rules and regulations as may seem for the best interests of the inhabitants of said cities or taxing districts and the pupils attending the schools situated therein. (Priv. Acts 1917, ch. 480, § 1)

Memphis Charter, art. 81, § 1037 Cost of textbooks may be included in budget.

Sec. 1037. - Cost of textbooks may be included in budget. The boards of education in said cities or taxing districts are hereby authorized and empowered to include such sum or sums as may be necessary to install and maintain said free textbook system in any annual or supplementary budgets of the expenses of the operation of said schools that are presented to the boards of commissioners governing said cities or taxing districts, and said boards of education are hereby authorized to make provision for the establishment and maintenance of said free textbook system in any other manner that said board of education may see fit. (Priv. Acts 1917, ch. 480, § 2)

Memphis Charter, art. 81, § 1038 Property owned by board exempt from taxes and assessments.

Sec. 1038. - Property owned by board exempt from taxes and assessments. The title of the schoolhouse sites, lots, furniture, books, apparatus and appurtenances, and all other school property in this Act mentioned, shall be and is hereby vested in the Board of Education of the Memphis City Schools, and the same, while used or appropriated for school purposes, or any other property, the title of which is vested in the board of education, shall not be subject to taxation or assessments while in the possession of said board for educational purposes. (Priv. Acts 1868-69, ch. 30, § 13)

Memphis Charter, art. 81, § 1039 Property leased by board exempt from taxation.

Sec. 1039. - Property leased by board exempt from taxation. Lots of ground leased by said board of education for school purposes shall be exempt from taxation. (Priv. Acts 1868-69, ch. 30, § 13; Priv. Acts 1869, ch. 33, § 2)

Memphis Charter, art. 81, § 1039.1 County school property in annexed territory transferred to board.

Sec. 1039.1. - County school property in annexed territory transferred to board. All school lands, school buildings, leases and other school property, including desks and equipment, heretofore owned by Shelby County and situated within the territory annexed to the City of Memphis by any Act of the General Assembly of 1949, are hereby transferred to and title to same is vested in the Board of Education of the Memphis City Schools of the City of Memphis, effective July 1, 1950, and in the meantime, in order to prevent a disorganization of the conduct of said schools during the school term beginning in the fall of 1949, such schools shall be operated and conducted by the Shelby County Board of Education until July 1, 1950, just as if the annexed territory in which such schools are situated had not been annexed to the City of Memphis. (Priv. Acts 1949, ch. 496, § 1)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/charter?nodeId=PTICHRELA_ART81CHBOEDMESC_DIVIINGEFetched: 10/28/2026