An attempt to remove the Atlantic City MUA board chair is political retaliation that failed to follow the rules, according to court papers filed late Friday.
John Devlin, who also serves on the city Board of Education, claims the move is part of a political power struggle orchestrated by Mayor Marty Small.
A hearing is set for 5 p.m. Tuesday. But that is not enough time to properly prepare, attorney David Castellani said. He is asking the court to temporarily restrain the city from going forth with the hearing and give them at least 30 days after any order from the judge.
The filing includes a text Small claims were sent to specific council members who were invited to a secret meeting Nov. 23 at Morton’s Steakhouse, which Councilwoman LaToya Dunston previously alleged was used to unseat her.
“I really thought that I could ‘trust’ that our holiday dinner would stay with the group. But many people seem to know about it and it’s discouraging,” the copy of a text printout reads. “I thought that I could trust everyone but obviously I’m mistaken. Not a good look.”
Castellani also claims the city failed to properly notify Devlin. Under Rice, any personnel matters are to be discussed in closed sessions unless the employee waives that and requests it be held in public. Devlin was not given that option, the suit claims.
The issue, Devlin alleges, stems from his push for the school board to launch an investigation into the employment and ultimate firing of a substitute teacher who is now in federal prison for child pornography.
That teacher, Ka’yan Frazier, is the cousin of Small’s wife, Dr. La’Quetta Small, who was principal of Pennsylvania Avenue School when Frazier worked there.
That school is where Frazier first met and began grooming a student, whose mother has since filed a civil suit that includes the Smalls and school district as defendants.
Dr. Small is now the district’s superintendent.
Small has denied any involvement in the hearings other than being the one who called the special City Council meeting when the vote was taken since only the mayor can do so.
But it was letters from the current and former executive directors of the ACMUA who sparked the move, according to the resolution and letters obtained by BreakingAC.
“Don’t drag me into something that I don’t have a part of,” he said of the suit. “Focus on the content of the charges brought on by a former and current MUA director and an engineer. Focus on that.”
The former executive director, Bruce Ward, wrote a letter backing Armstrong’s claims.
Small said the case is merely a distraction.
“My focus is to continue to make it a great day here in the city of Atlantic City and to continue to push this city to greater heights,” he told BreakingAC.
Small said Devlin’s fate will be decided by City Council, the same body that appointed him to the position.
“This is a political attack and a clear definition of a whistleblower case,” Devlin told BreakingAC. “I did my elected duty and asked questions and demanded transparency.
“I served the city to the best of my ability and refused to be a rubber stamp for the mayor or anyone,” he added. “I’m guessing he doesn’t like that, frankly, I don’t care and will continue to do my due diligence in serving Atlantic City.”
Devlin went on to say that what has been going on will be brought to light in the next several weeks.
“These charges are not coming from our administration,” Small said. “This is coming from the MUA.”
The suit claims those who alerted Devlin to the allegedly secret meeting have said they will testify honestly if called.
