Documentos de Académico
Documentos de Profesional
Documentos de Cultura
OF DEKALB COUNTY
GEORGIA
ANTHONY S. TRICOLI,
Plaintiff,
vs.
ROB WATTS; RON CARRUTH; JIM
RASMUS; MARK GERSPACHER;
SHELETHA CHAMPION; HENRY
HUCKABY; JOHN FUCHKO; STEVE
WRIGLEY; BEN TARBUTTON; THE BOARD
OF REGENTS OF THE UNIVERSITY
SYSTEM OF GEORGIA; SAM OLENS, THE
ATTORNEY GENERAL OF GEORGIA; and
ROBIN JENKINS
Defendants.
)
)
)
)
)
)
)
)
)
)
&
16-14-6(a&b),
moves
the
Court
for
an
order
restoring
him
to
his
position
as
President
of
Georgia
Perimeter
College
pending
the
outcome
of
this
litigation,
and
shows
the
Court
as
follows:
Perimeter
College
(GPC)
in
2006.
Tricoli
replaced
Rob
Watts,
who
had
been
serving
as
interim
president
of
GPC.
Upon
Tricolis
hiring,
Watts
was
moved
to
the
central
office
of
the
University
of
System
of
Georgia,
(USG),
where
Watts
became
Chief
Operating
Officer
and
Two-Year
College
Section
Head,
making
Watts
the
direct
supervisor
at
the
USG
of
Tricoli
as
president
of
GPC.
When
Watts
left
GPC
and
moved
to
the
USG,
Watts
insisted
that
Tricoli
keep
the
GPC
budget
chief
that
Watts
had
hired,
Ron
Carruth.
Over
time
and
with
experience,
Tricolis
confidence
in
Carruth
diminished,
but
Watts
would
not
allow
Tricoli
to
replace
Carruth,
insisting
Carruth
was
the
best
budget
officer
in
Georgia.
crisis
and
had
decided
to
close
one
of
GPCs
campuses,
which
was
expected
to
result
in
a
loss
of
7000
students
and
$30
million
in
revenue.
him
that
the
school
faced
a
budget
deficit
of
between
one
and
four
million
dollars.
Tricoli
was
shocked
to
hear
that
because
the
month
before,
in
March
of
2012,
Carruth
had
reported
in
his
official
report
to
the
GPC
executive
committee
chaired
by
Tricoli
that
there
was
a
$3.6
million
fiscal
year
surplus
and
a
normal
budget
cycle,
and
Carruth
had
reported
even
rosier
numbers
in
the
past.
Annual
USG
budget
hearings
and
the
annual
performance
evaluations
conducted
by
Rob
Watts
had
never
mentioned
any
issue
of
deficit
spending.
Chancellor
Huckaby,
and
requested
assistance
from
the
USG
budget
and
compliance
officers
to
determine
the
actual
extent
of
the
problem,
as
Carruth
gave
uncertain
and
inconsistent
responses.
The
next
day
the
USG
announced
that
GPC
was
facing
a
$16
million
budget
deficit.
A
Special
Report
later
conducted
by
the
USG,
in
the
form
of
a
self-audit,
found
that
Carruth
had
been
spending
GPC
reserves
without
informing
Tricoli.
The
Special
Report
also
confirmed
that
two
sets
of
books
had
been
kept
at
GPC,
one
informing
Tricoli
of
the
rosy
budget
numbers
and
another
reporting
deficit
spending
to
the
USG
and
state
auditors
over
a
period
of
years.
The
Report
also
found
that
Carruth
and
other
budget
officers
had
been
emailing
back
and
forth
about
a
looming
deficit
crisis,
without
informing
Tricoli.
It
is
undisputed
that
these
emails
go
back
to
at
least
as
far
as
January
2012,
well
before
Carruth
reported
a
budget
surplus
and
normal
budget
process
for
the
fiscal
year
to
Tricoli
in
March
of
2012,
only
weeks
before
the
announcement
of
the
$16
million
deficit.
USG
officials
said
they
had
known
of
the
deficit
spending,
exhausting
the
reserves
built
up
by
Tricoli,
for
at
least
three
years
though
this
was
never
mentioned
in
a
USG
budget
hearing
or
performance
evaluation.
The same day the $16 million deficit was announced, and before
After this illegal ouster of Tricoli, the USG attempted to cover its
after
being
falsely
and
very
publicly
blamed
in
the
media
for
the
GPC
deficit
crisis,
based
on
knowingly
false
state
agency
reports
by
Defendants,
he
was
ousted
as
GPC
president
under
unsavory
circumstances
and
has
been
unable
to
obtain
another
job
in
his
profession.
He
lost
his
home
in
Atlanta.
He
has
applied
for
over
200
university
administration
positions
across
the
country,
but
has
been
unable
to
secure
a
jobafter
being
the
USGs
rising
star.
When
Tricoli
has
been
called
back
for
interviews
for
jobs
in
his
chosen
profession,
Defendants
have
actually
contacted
the
schools
in
question
to
call
their
attention
to
the
negative
Atlanta
Journal-Constitution
articles.
Schools
have
objected
to
the
USG
concerning
this
interference--which
they
say
harmed
Tricolis
chances
of
securing
a
position.
No
one
at
the
USG
has
ever
responded.
Tricoli
currently
remains
unemployable
in
his
chosen
field.
the
criminal
conduct
from
which
Tricolis
claims
arise.
Upon
challenge
by
the
Attorney
General
to
make
Open
Records
requests
and
present
evidence
supporting
his
claims
(ironically,
a
duty
that
does
not
fall
to
Plaintiff
Tricoli
at
the
motion
to
dismiss
stage),
Plaintiff
has
obtained
and
filed
overwhelming
evidence,
supported
and
verified
by
his
Affidavit
and
Defendants
admissions,
that
Defendants
both
knowingly
breached
Tricolis
employment
contract
and
violated
USG
policy
in
ousting
him
from
the
presidency
of
Georgia
Perimeter
College
(GPC).
Moreover,
the
Attorney
General
has
admitted
to
a
pattern
of
criminal
acts
by
University
System
of
Georgia
(USG)
Defendants,
for
which
the
10
11
Similarly, the position taken by the USG and the Attorney General
is
that,
on
the
one
hand,
the
information
showing
a
$16
million
deficit
was
readily
and
publicly
available
for
a
period
of
two
to
three
years.
Defendants
Response
to
Request
No.
20.
On
the
other
hand,
these
same
state
officials
claim
they
were
not
aware
of
it
until
they
used
that
information
to
oust
Tricoli
in
April
and
May
of
2012.
Plaintiffs
Supp.,
p.
9,
Exh
6
(Regents
Chairman
Tarbutton
claims
the
USG
had
not
previously
known
of
the
state
audits
and
financial
statements
contradicting
the
official
budget
reports
made
to
Tricoli
by
GPC
and
USG
budget
officials).
That,
obviously,
is
so
patently
self-contradictory
that
it
cannot
be
given
any
credence
as
a
defense.
In
fact,
these
self-
contradictory
claims
are
themselves
knowing
misrepresentations
in
violation
of
OCGA
16-10-20
(knowingly
false
report
on
matter
under
state
jurisdiction),
and
therefore
Georgia
RICO
predicate
acts.
themselves
(Tricoli
Affidavit,
Exh.
5),
the
Attorney
General
abdicated
his
responsibilities
and
ceded
investigation
and
oversight
to
the
USG,
which
was
allowed
to
conduct
a
self-audit
to
clear
itself
of
wrongdoing,
even
12
though
the
Report
admits
that
it
cannot
account
for
over
$9
million
in
GPC
spending
of
state
and
federal
funds
during
fiscal
year
2012.
That
Report
is
also
truly
special
in
that
it
holds
Tricoli
accountable
for
the
sudden
$16
million
budget
deficitthat
appeared
in
April
2012,
a
month
after
the
chief
GPC
budget
officer,
Defendant
Ron
Carruth,
reported
a
$3.6
million
surplus
and
a
normal
budget
process
in
March
of
2012,
and
after
Defendants
Rob
Watts
and
Hank
Huckaby
both
failed
to
mention
anything
about
deficit
spending
in
USG
budget
hearings
or
Tricolis
annual
performance
evaluation
required
by
USG
Policies
2.3
and
2.4.2
prior
to
April
each
year.
Plaintiffs
Supp.,
Exh.
11.
The
budget
reporting
discrepancies
were
not
accidental
or
even
attributable
to
incompetence
in
light
of
the
Special
Reports
admission
that
system
budget
officials
were
frantically
emailing
each
other
back
and
forth
about
the
impending
budgetary
train
wreck
as
early
as
January
2012,
while
excluding
Tricoli
from
these
communications.
Tricoli
Aff.,
Exhs.
1
&
5.
This
use
of
the
USG
computer
network
to
effect
this
fraudulent
scheme
to
deceive
Tricoli
on
the
actual
state
of
the
GPC
budget
is
also
a
Georgia
RICO
predicate
act.
OCGA
16-9-90
et
seq.,
the
Georgia
Computer
Systems
Protection
Act
(GCSPA),
OCGA
16-14-
13
responsible
for
that
$19.6
million
point
swing
between
a
$3.6
million
surplus
and
a
$16
million
deficit
(sometimes
reported
as
a
$25
million
deficit
and
a
28.4
million
point
swing),
within
a
months
time,
by
citing
USG
policies
and
procedures
that
were
not
in
place
at
the
time,
but
which
the
USG
changed
after
the
fact
in
an
attempt
to
hold
Tricoli
accountable.
E.g.,
Plaintiffs
Supp.
pp
10-11
&
Exh.
7
(reference
to
USG
policies
removed
from
USG
president
contracts).
audited
itself
and
absolved
itself
of
all
blame,
faulted
President
Tricoli
the
same
President
Tricoli
who
by
all
accounts
led
GPC
out
of
the
budget
crisis
he
inherited
when
he
took
the
job
in
2006
and
built
up
a
$20
million
reserve
fund
by
2008--for
wasteful,
uncontrolled
spending.
One
example
of
wasteful
spending
cited
is
quite
revealing.
It
was
the
$1.5
million
a
year
paid
to
Skybridge,
consultants
hired
by
Defendants
Rob
Watts
and
Ron
Carruth
prior
to
Tricolis
arrival
at
GPC.
Tricoli
Aff.,
Exh.
5.
The
existence
of
this
contract
was
withheld
from
Tricoli
for
the
first
several
years
of
his
presidency.
When
Tricoli
discovered
it
through
14
which
the
USG
attempted
to
cover
its
tracks
by
changing
USG
policies
15
after
the
fact.
See
Defendants
Response
to
Request
No.
10.
The
USG
changed
policies
after
the
fact
to
place
Tricoli
in
non-compliance
for
purposes
of
the
attempts
to
lay
all
blame
on
him
in
the
Special
Report.
Defendants
also
altered
USG
policy
after
the
fact
to
camouflage
its
own
violation
of
policies
in
place
at
the
time
of
Tricolis
illegal
ouster.
Thus
stands
the
corruption-ridden
milieu
in
which
Tricoli
was
ousted,
and
the
grounds
on
which
he
seeks
immediate
re-instatement.
Defendant
Admissions
and
Self-contradictions
in
Public
Statements
on
Matters
under
State
Jurisdiction
The
scenario
described
above,
demonstrating
a
pattern
of
racketeering
activity
pursuant
to
OCGA
16-14-1
et
seq.,
is
based
largely
on
admissions
by
the
Attorney
General
in
Defendants
Response
to
Plaintiffs
Request
for
Admissions
(Defendants
Responses).
In
other
instances,
Defendants
purported
denials,
in
response
to
Plaintiffs
Requests
for
Admissions,
are
directly
contradicted
by
Defendants
own
records.
for
example,
the
Huckaby
letter
of
May
10,
2012
conclusively
shows
that
Defendants
purported
to
give
notice
of
non-renewal
of
Tricolis
16
Defendants admit that the relevant policy in place at the time, USG
2.4.2,
called
for
notice
of
non-renewal
in
April,
and
was
changed
after
the
fact
and
during
the
pendency
of
this
litigation
to
conform
to
Defendants
actions
by
re-setting
the
deadline
for
May.
Response
to
Request
No.
10.
Defendants admit that the USG is a state entity within the meaning
The Attorney Generals denials that (1) Tricoli was made a firm
offer
to
reassign
to
the
USG
central
office,
which
(2)
Tricoli
accepted
in
writing,
and
that
(3)
Defendants
subsequently
ousted
him
after
17
18
did
not
perform
the
necessary
financial
due
diligence
associated
with
his
responsibilities
as
President,
while
at
the
same
time
admitting
that-
-contrary
to
the
knowingly
false
budget
reports
made
to
Tricoli--
Defendants
Watts,
Huckaby,
Wrigley,
Fuchko,
and
Tarbutton
all
had
ready
access
to
Annual
Financial
Reports,basis
and
Budgetary
Compliance
reports,
operating
results,
cash
flow
statements,
and
audit
issues
giving
them
ample
notice
of
budget
shortfalls
for
fiscal
years
19
2009,
2010,
and
2011.
Response
to
Request
No.
20.
Likewise,
the
USGs
Office
of
Internal
Audit
and
Compliance
(OIAC)
had
access
to
the
same
information.
Response
to
Request
19.
20
6(c),
which
provides
that
any
person
injured
by
reason
of
any
[RICO]
violationshall
have
a
cause
of
action.
Such
action
is
authorized
against
any
person
conducting
a
RICO
enterprise,
which
includes
any
association
including
governmental
entities
such
as
GPC,
the
USG,
and
the
Attorney
Generals
office.
OCGA
16-14-3(6).
In
particular,
Georgia
RICO
makes
it
unlawful
for
any
personthrough
a
pattern
of
racketeering
activity,
such
as
the
systematic
violations
of
OCGA
16-10-
20
admitted
by
Defendants
in
this
action--to
maintain
control
of
such
a
governmental
entity
enterprise.
OCGA
16-14-4(a).
It
is
also
unlawful
for
any
person
employed
by
or
associated
with
any
[such
governmental
entity]
enterprise
to
conduct
or
participate
in,
directly
or
indirectly,
such
enterprise
through
a
pattern
of
racketeering
activity,
such
as
the
admitted
OCGA
16-10-20
and
18
USC
1343
violations.
OCGA
16-14-
4(b).
Moreover,
Georgia
RICO
prohibits
government
employees
in
a
governmental
entity
RICO
enterprise
from
conspiring
or
endeavoring
to
violate
any
provisions
of
the
statute,
OCGA
16-14-4(c),
such
as
by
the
admitted
misrepresentation
and
withholding
of
information
from
Tricoli
in
violation
of
OCGA
16-10-20.
21
22
for
interlocutory
injunctive
relief
to
restore
the
status
quo
and
prevent
further
harm.
Bishop v. Patton, 288 Ga. 600, 706 S.E.2d 634, 638 (Ga.,
2011). Such interlocutory relief may be awarded in the discretion of the
court upon
consideration
of
the
following
factors:
likelihood
of
success
on
the
merits,
the
balancing
of
the
equities
between
the
parties,
avoidance
of
irreparable
harm,
and
promotion
of
the
public
interest.
Id.
at
638-39.
Likelihood
of
success
on
the
merits
budget
disaster
starting
in
January,
were
reporting
to
Tricoli
that
all
was
well
with
the
GPC
budget,
establish
prima
facie
violations
of
OCGA
16-
10-20.
Defendants
are
estopped
from
defending
these
admissions
of
criminal
conduct
in
a
civil
suit.
OCGA
16-14-6(e).
USG
policies.
It
is
undisputed
that
this
contract
was
breached
and
these
USG
policies
were
first
violated
by
Defendants,
then
changed
after
the
fact
by
the
USG
to
cover
their
tracks.
23
outweighs
any
harm
to
the
Defendants
that
might
flow
from
granting
the
injunction.
Defendants
are
admitted
wrongdoers,
not
innocent
persons
under
OCGA
16-14-6(a).
The
best
face
the
Attorney
General
can
put
on
it
is
that
they
have
sovereign
immunity
for
their
reprehensible,
criminal
actions.
They
diverted
all
responsibility
for
their
actions
to
Tricoli,
under
carefully
contrived
circumstances.
Meanwhile,
they
maneuvered
to
deprive
Tricoli
of
all
due
process
concerning
his
removal,
first
by
tricking
him
into
resigning
with
a
false
promise,
then
illegally
purporting
not
to
renew
his
contract
as
president.
24
25
was
destroyed
by
the
USGs
near
diabolical
portrayal
of
him
in
the
press,
after
sandwiching
him
between
the
deceptions
of
Carruth
and
Watts
in
order
to
sandbag
him
out
of
his
position
as
GPC
president.
Through
a
series
of
criminal
misrepresentations,
he
was
painted
as
totally
incompetent
for
believing
GPC
and
USG
budget
officials.
Defendants
who
knew
better
claimed
Tricoli
dipped
into
the
reserves,
per
the
Atlanta
Journal-Constitution.
Defendants
also
pilloried
Tricoli
in
the
press
with
false
claims,
since
abandoned,
that
Tricoli
hired
friends
with
criminal
records,
per
WSB-TV.
The
traps
sprung
on
Tricoli
were
planned
and
premeditated
to
produce
the
maximum
harm.
26
27
tenure.
Defendants
made
sure
he
did
not
get
a
second
chance
to
repeat
that
performance.
Defendants
even
actually
used
as
examples
of
Tricolis
supposed
wasteful
spending,
to
misrepresent
the
facts
to
justify
his
illegal
ouster
and
the
breach
of
his
contract,
wasteful
spending
initiated
by
Defendants
that
Tricoli
eliminated.
GPC
entered
a
consulting
contract
with
Skybridge
Consultants
before
Tricoli
became
president.
Watts
and
Carruth
knew
of
this
contract
and
kept
it
from
Tricoli.
When
he
discovered
it
in
the
course
of
his
governance
of
the
institution
and
could
not
discern
any
benefit
from
the
mystery
consulting
contract,
he
ordered
it
terminated,
according
to
his
stewardship
responsibilities
as
president.
In
fact,
he
did
the
due
diligence
Defendants
accused
him
of
not
performing.
It
was
not
long
after
the
elimination
of
this
phantom,
28
pet
consulting
contract
that
the
plan
to
eliminate
Tricoli
leapt
into
full
swing.
projects
and
pork
barrel
spending
were
the
principal
motivation
for
Tricolis
ouster,
and
he
has
requested
appointment
of
a
special
attorney
general
to
investigate
for
that
purpose.
Over
$9
million
of
the
alleged
budget
overspending
remains
unaccounted
forin
short,
there
is
no
indication
Defendants
stewardship
has
served
the
public
interest.
In
fact,
300
positions
were
lost
and
GPC
suffered
a
7000
drop
in
enrollment
due
to
the
contrived
budget
crisisvirtually
erasing
Tricolis
accomplishments.
harm
to
the
state,
its
institutions,
and
its
economy.
OCGA
16-14-2.
Defendants,
on
the
other
hand,
did
not
hesitate
to
harm
the
school
through
their
manipulative
actions.
They
showed
no
compunction
about
violating
the
Criminal
Code
of
Georgia.
That
is
the
very
reason
for
the
RICO
statute,
to
prevent
governmental
entities
from
being
co-opted
by
a
pattern
of
criminal
activity.
OCGA
16-14-2,
16-14-3(6)
&
16-14-4.
The Attorney General and the USG need not wring their hands
29
budget
reports
and
relay
more
false
reports
to
the
AJC
in
order
to
oust
a
president
who
cut
a
phantom
consulting
contract
out
of
the
budget.
Contrary
to
what
Sam
Olens
says,
the
sky
wont
fall
if
state
employees
cannot
commit
criminal
acts
with
sovereign
impunity.
The
USG
will
just
have
to
be
staffed
with
people
focused
on
creating
the
best
educational
system
in
the
countrythe
one
that
students
and
taxpayers
deserve.
The
USG
and
AG
are
fighting
it
hard,
but
what
is
so
wrong
with
that?
All
they
will
have
to
do
is
stop
committing
RICO
predicate
acts
and
focus
on
education.
Wherefore,
premises
considered,
Plaintiff
prays
for
the
Court
to
enter
an
Order
requiring
the
reinstatement
of
Tricoli
as
GPC
president
pursuant
to
OCGA
16-14-6(a);
removal
of
Watts
pursuant
to
OCGA
16-14-
6(a)(1),
barring
further
retaliation
by
defendants
pursuant
to
OCGA
16-14-6(a)(2)
before
a
final
determination
on
the
merits
pursuant
to
OCGA
16-14-6(b).
30
31
CERTIFICATE OF SERVICE
Undersigned counsel hereby certifies that all Defendants in this action have
been served this Motion for Interlocutory Injunction via US mail, this 19th
day of November, 2014, as follows:
Samuel S. Olens
Dennis R. Dunn
Kathleen M. Pacious
Annette M. Cowart
Loretta L. Pinkston
Christopher A. McGraw
C. McLaurin Sitton
Office of the Attorney General
40 Capitol Square, SW
Atlanta, Georgia 30334-1300
32