Demand For Hearing RE Baqir
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KevinOhlandtDemand For Hearing RE Baqir
Uploaded by
KevinOhlandtAnthony Delcollo
302.351.0903 (Direct Dial)
302.351.0915 (Facsimile)
[email protected]
April 8, 2025
VIA EMAIL
Donald Patton Y.F. Lou
President Nominating District E
Nominating District G [email protected]
[email protected]
Monica Moriak
Alethea Smith-Tucker Nominating District B
Vice President [email protected]
Nominating District A
alethea.smith- Dr. Amy Trauth
[email protected] Nominating District D
[email protected]
Naveed Baqir
Nominating District F Dr. Robert Andrzejewski
[email protected] Interim Superintendent
[email protected]
Re: DEMAND FOR HEARING TO ADDRESS CONTROVERSY
To the Members of the Christina School District Board:
This law firm represents Board Member Douglas Manley. On behalf of our
client, please accept this letter as his demand that the Board conduct a formal hearing
respecting the qualifications of Board Member Naveed Baqir (“Baqir”), and his
ability to vote or otherwise serve as a school board member, in accordance with 14
Del. C. § 1508 (the “Demand”).
As you may know, Baqir has not resided, nor even been physically present, in
the Christina School District (the “District”) in fourteen (14) months. Under
Delaware law, a vacancy on the Board occurs once a member is no longer a resident
of his or her district. See, 14 Del. C. § 1054(a) (“If any school board member ceases
to be a resident of the reorganized school district, that member shall cease to be a
member of its school board”). Under Christina School District Policy §0.1.13, “[a]ll
Board vacancies should follow Delaware law;” among other things, this means that
the Board is required to inform the public of the vacancy of Mr. Baqir’s position in
accordance with 14 Del. C. § 1054(b)(1). As Mr. Baqir has not been physically
present in either the Christina School District or his nominating district for over a
year, he has not attended a single Board meeting or voting session in person during
this time, and he is thus no longer a resident of the District by operation of law. 1
As Mr. Baqir has neither been an active member of the Christina School
District community nor someone who so much as continuously maintained a
residence there in over a year, he is no longer qualified to serve as a member of the
Board and has not been qualified to do so for a substantial amount of time. This
position is not only consistent with the provisions of the Delaware Code regarding
School Board vacancies; it is also consistent with the Delaware Code’s provisions
regarding elections. Specifically, 15 Del. C. § 4941(a) provides that “[i]f any person
who has resided within this State actually moves outside this State with the intention
of remaining there for an indefinite time as a place of present domicile, such person
shall lose that person's own qualification of residence within the State,
notwithstanding any floating intention that person may entertain to return at some
future time” (emphasis added).
Here, Mr. Baqir has not only not been a resident of the Christina School
District for the past fourteen months, but he has also not even been present in the
United States for the entirety of that time period, as he is currently attending medical
school in Pakistan. It is clear from this fact alone that he has no intention of returning
to Delaware – and to the District – at any certain time in the future, and his absence
from the District squarely falls within the ambit of 15 Del. C. § 4941(a). Under these
circumstances, he has clearly lost his qualifications of residence within the State for
purposes of voting in any form of election, and he cannot possibly maintain his
1
The Delaware Court of Chancery has held that “the word ‘resident’ has different
connotations in different statutes and must be construed in light of the purpose of the
statute in which it appears.” In re Joseph E. Churchman Guardianship, 1987 WL
10013, at *3–4 (Del. Ch. Apr. 28, 1987). In this context, it is clear Mr. Baqir is no
longer a resident, as the Office of the Delaware Attorney General has acknowledged
that the language of 14 Del. C. § 1054(a) is “clear and unambiguous.” Del. Op. Atty.
Gen. 00-IB01 (2000).
continued illegitimate role as a member of the Board. His continued attempt to
attend – and vote at – Christina School Board meetings on a virtual basis when he
no longer has the legal right to do so has been an ongoing violation of Title 14 of the
Delaware Code, and has conclusively created a vacancy on the Board, one for which
it is required to notify the public and Department of Elections immediately. See, 14
Del.C. § 1054(b)(1) (“When a vacancy occurs on a school board except for
expiration of a term, the respective School District shall inform the public and the
Department of Elections that conducts elections for the School District that the
vacancy has occurred no later than 5 business days following the vacancy”). Should
the Board fail to undertake this action, it would be acting outside the scope of its
authority to serve the Christina School District.
If the Board fails to immediately schedule a hearing and fully investigate this
matter, it simply cannot continue to fulfill its obligations to the residents of the
District. The Board must hold itself accountable for its failure to address this
problem – which again has been ongoing for fourteen months – as it simply does not
have the authority under Title 14 of the Delaware Code to allow a member who is
otherwise clearly unqualified to participate on the Board. An immediate response
this correspondence is requested. Finally, our client Mr. Manley also formally
demands that the Board pause activity until the Board takes the action(s) sought and
addresses the issues set forth in this letter.
Please note, nothing in this letter is intended to waive any rights or remedies
Board Member Manley may have to address the circumstances outlined in this
correspondence through formal action before the appropriate Court or Board. Your
immediate response to this written communication is anticipated. Thank you.
Sincerely,
OFFIT KURMAN, P.A.
/s/Anthony N. Delcollo
Anthony N. Delcollo (DE 5688)
Michael K. DeSantis (DE 4847)
Bradley Meyer (DE 7431)
222 Delaware Avenue, Suite 1105
Wilmington, Delaware 19801
Tel.: (302) 351-0900
[email protected]
[email protected]
[email protected]
Dated: April 8, 2025 Attorneys for Douglas Manley
CC: Michael Stafford, Esq.
[email protected]
Douglas Manley
[email protected]
