An Atlantic City Board of Education member being sued by the board says the solicitor should not be able to argue against him.
Farook Hossain filed a motion Tuesday trying to disqualify Tracy Riley and her law firm from handling the case that demands tuition and lunch reimbursement for Hossain's children, claiming the family no longer lives in the district.
Hossain argues that, as a member of the school board, he also is a client of Riley's, creating a conflict.
“Putting aside the merits of the BOE’s lawsuit against Mr. Hossain, which he believes is retaliation for taking positions that prioritize the safety of students over political concerns, we believe Ms.Riley has a conflict of interest in litigating that lawsuit on behalf of the BOE,” Hossain's attorney, Terrell Ratliffof, said.“We are confident the court will agree with us and disqualify Ms. Riley.”
The suit was filed in early March, nearly two months after Riley first claimed Hossain was no longer a resident and ordered the board secretary not to record his vote.
A judge later reinstated the vote, agreeing with Hossain's argument that he has the right to vote unless he is officially removed from the board.
Riley did not put that a vote to remove Hossain on the board agenda until Feb. 23, more than six weeks after she said his vote would not count. No decision has yet been made on that petition yet.
At the board's meeting Jan. 11, Riley claimed an investigation by the Atlantic County Prosecutor's Office found that Hossain was no longer a resident.
But she failed to mention that it was a letter from her on behalf of the superintendent that led to that investigation.
“I am the solicitor for the Atlantic City Board of Education,” Riley wrote in an email sent to Atlantic County Prosecutor Damon Tyner on Aug. 21. “The superintendent, Barry Caldwell, recently brought a matter of concern to my attention and has requested that this matter be referred to your office.”
The letter included 12 pages of documents alleging Hossain lied on an application for free or reduced lunch for his children.
The motion filed Tuesday cites the Riley & Riley Law Offices website in say that both Riley and her firm "have been intimately involved in all aspects of the Atlantic City Board of Education's daily decision-making, meetings, contract negotiations and even personnel matters."
"Given that Mr. Hossain is a board member of the Atlantic City Board of Education himself, this has created a serious and incurable conflict of interest for both Ms. Riley and Riley & Riley," the motion continues. "Ms. Riley knew or should have known of the conflict of interest and apparent impropriety of her representation of the plaintiff in this matter, which she has continued representing the BOE despite her knowledge."
Riley did not return requests seeking comment. The suit was not mentioned during a brief special board meeting held Tuesday.
