He's pictured with Wake County Board of Education Chairman Ron Margiotta on a flyer for Margiotta's re-election campaign.
According to Margiotta, the picture should not be seen as an endorsement from Tata.
"No, not at all," Margiotta said. "It was a picture of the Superintendent and myself that a supporter had taken. We incorporated that with my comments expressing my pride in being a part of the leadership that brought Superintendent Tata on board, period."
Margiotta says he wanted to remind voters that hiring the former Army general was controversial, but was the right decision that he helped make. School board member Kevin Hill did not vote for Tata to get the Top job.
Hill also is up for re-election and feels the picture is inappropriate.
"That implies that there is an endorsement from the system," Hill said.
Tata says he had no idea his picture was being used. "I endorse no one, I remain neutral. I have a job to do with this school district and I'll continue to do it."
ABC11 asked voters what they think about the flyer. Is it more dirt slinging from the other side?
"I can see how it matters to some people in the political arena, but it doesn't bother me," parent and voter Kevin Rogerson said.
"Do you think it looks like an endorsement?" parent Ishita Pothiwala asked. "I don't think so. It would not make any difference to us. We're going to vote for whomever we're going to vote for, and his picture is not going to make a difference."