The Shelby County Board of Commissioners will decide Monday, March 31, if they want to wade further into the affairs of Memphis-Shelby County Schools and get into the mechanics of xAI natural gas turbines.

Commission Chair Michael Whaley is proposing an advisory board to “consult and provide support” to the MSCS board.

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And Commissioner Britney Thornton has a resolution urging the Health Department to host a public meeting before it acts on a permit for a set of gas turbines at the artificial intelligence supercomputer in southwest Memphis.

Each item comes with some vulnerabilities and some last-minute developments, along with a longer political game.

MSCS advisory board

Whaley’s resolution, added on in committee sessions last week, is aimed at countering state legislation that would allow some form of a state takeover of MSCS.

In setting up the seven-member board that the commission would appoint, the resolution also expresses the body’s opposition to the state takeover legislation. At week’s end, two different versions were moving through the Capitol, one in the House and one in the Senate.

For some commissioners, the proposed advisory board is also a way to repair the damage they believe was done by the commission’s vote of so-called “no confidence” in school board members who favored the firing of Superintendent Marie Feagins.

“It is my position now that in order for us to be focused on students in this community, there has to be a functioning school board but also a funding body,” Commissioner Shante Avant said during Wednesday’s committee discussion. “We have a responsibility as the funding body to support what accountability should look like.”

Shelby County government is MSCS’ sole local funder.

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Avant’s concern is that the takeover provisions in general “usurp democratic control for a period of up to six years.” 

“It discourages good people from running for office or voting for them,” she said. 

“Stop voting for people who are not qualified for the position they are running for,” replied Commissioner Amber Mills later in the discussion.

“I would prefer that we prioritize the ability to immediately recall these school board members and leave that in the hands of the voters,” Commissioner Mick Wright said.

A move by Commissioner Henri Brooks to rescind the earlier no-confidence resolution failed in committee.

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It could return at Monday’s meeting.

“The no-confidence vote is exactly what the state was looking for and what they got,” Brooks said of the takeover proposal in the legislature. “And it came from us.”

Several other commissioners said rescinding the no-confidence vote, which is cited in one version of the school takeover legislation, won’t stop the push for the takeover provision in some form.

xAI turbine permits

The Memphis City Council’s approval earlier this month of the sale of city land for an xAI-connected wastewater treatment plant brought out the argument that you can’t separate Elon Musk’s business dealings with Memphis and his trustworthiness from his rhetoric on the national political stage, as arguably the most influential and provocative adviser to President Donald Trump.

In Southwest Memphis, Memphis Mayor Paul Young’s March 22 townhall meeting was heavy on environmental concerns over xAI’s use of natural gas turbines and its application for a permit to run the turbines for longer periods.

Shelby County Health Department Director Dr. Michelle Taylor guaranteed a follow-up that could include a proposal to involve the health department earlier in zoning and land-use decisions.

In committee discussions last week, Taylor promised an open permits process with time for public comments and hearings that Thornton is seeking with her resolution.

Thornton’s resolution could be a moot point, however, if xAI were to seek an exemption from the federal Clean Air Act standards.

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Taylor made a larger point beyond what happens with xAI’s permit for the turbines.

“The Shelby County Health Department should be engaged in our environmental concerns regarding new development projects. We cannot assist with projects that we do not know about,” she said. “We should employ lessons from other jurisdictions on updating legislation and engaging public health before projects develop. We should educate the public on environmental impacts to our communities and involve the public in decision-making every time.”

Taylor specifically cited Loudon County, Virginia, and Atlanta as examples of changing local regulations to meet the power demands of data centers.

Loudon County limited “by right” development, which requires no approval by local government bodies, in its zoning ordinances as it was inundated with data center development. That part of Northern Virginia has 250 data centers.

Atlanta enacted constraints of power usage specifically by data centers. The Georgia capital has 75.

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Taylor cited state law that gives authority to local governments to change local ordinances to protect air quality as long as any changes comply, and don’t compete, with state and federal laws.

She told commissioners there is room for change in local ordinances and that state laws need to be updated. Taylor said she has also contacted Memphis Mayor Paul Young outlining his ability to propose changes and offering technical expertise from her department.

“To be clear, because of the current laws on the books, me and my fellow Shelby County Health Department employees who are responsible for this work find out about projects at the same time that the public does on the news,” she said.

Taylor used a “redlining” map of the city from 1930 by the Home Owners’ Loan Corporation that marked areas of the city considered “hazardous” in red and largely limited in the era of racial segregation by law to housing for Black Memphians. Some areas were also marked as “clearance” for industrial uses often in close proximity to Black residential areas.

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Ethics and pay raise proposals

The County Commission also takes up ordinances that are up for the second of three readings. The ordinances would:

1. Approve a 16.5% raise for Shelby County commissioners elected in 2026 from the current $34,900 to $40,652, sponsored by Commissioner Erika Sugarmon.
2. Change the Shelby County charter to include more specific wording on what constitutes a conflict of interest for county officials through a 2026 referendum. The ordinance includes a second ballot question that would apply the county’s existing provisions for recalling county elected officials to include Memphis-Shelby County Schools board members. The Tennessee legislature would also have to approve the extension of the recall provision.
3. Reduce the size of the Shelby County Ethics Commission from 13 to six members and keep the current board terms for two years. The ordinance also includes state law’s specific definition of “emoluments” as “any kind of profit, benefits, gratuity, advantage, bonus or gain obtained due to a person’s office, appointment or employment with the county that was not paid by the county.” Emoluments are a violation of the county code of ethics.