Two former City of Tifton, Georgia accounting employees, have retained the Law Offices of Nicks & Associates, L.L.C., regarding allegations of misappropriation and theft of city funds. They are both seeking indemnification and justice based on perceived violations of their state and federal constitutional rights.

The former employees, one, a high-ranking Accounting official, was abruptly suspended and terminated shortly after blowing the whistle on the City Official alleged to have misappropriated city funds. Attorneys for the former employees are unsure of whether there is an investigation pending into the City Official misconduct as per the city of Tifton Charter; however, the firms are both diligent in seeking justice for the two former employees.

In the case that involved the high ranking accounting official, Attorney Nicks of The Law Offices of Nicks & Associates, L.L.C. has sent an ante litem notice to the City of Tifton officials and City Attorney to notify them that her firm has been retained in pursuit of justice, and to indemnify their clients for violations of their state and federal constitutional rights. The letter also doubled as a notification of the state tort law and state constitutional law claims that her clients may have against the City of Tifton officials.

According to the ante litem notice sent on behalf of the high ranking accounting official; “We contend that our client who has a property interest in her continued employment, was unawfuly retaliated against for engaging in conduct protected under O.C.G.A. § 45-1-4, The Georgia Whistleblower Act and other relevant claims as a whistleblower, which makes it unlawful to retaliate against a public employee for disclosing a violation of or the noncompliance with a law, rule, or regulation of a governmental agency. Our client complained with regard to the misapplication of public funds, and since she complained, she has been subjected to numerous acts of retaliation to include a suspension.” The high-ranking accounting official was abruptly terminated shortly after being suspended. The city is refusing to give the high-ranking accounting official an employment hearing as mandated by the City of Tifton’s Personnel Policy claiming that their employment was “at-will”.

In the case of the other accounting employee, Law Offices of Nicks & Associates states that there is strong evidence they have in their possession, including audio recordings and correspondence to and from City Officials, which makes them conclude that she was unjustly terminated for conditions related to being a woman i.e. pregnancy and miscarriage issue, in addition to complaints of being terminated for blowing the whistle about unethical processes and procedures taking place in the Cities Accounting Department.

 According to the firm, “During this time, and at all times prior to our client experiencing pregnancy-related issues, the accounting department was experiencing significant internal systems issues due to inadequate and inefficient accounting systems. Furthermore, while she was out on medical leave, work was allowed to pile up. On 3-5-2019, our client was placed on a 60-day probation. She was expected to perform duties that were impossible to perform with the deficient accounting system in addition to performing tasks that was contrary to the 'Yellow Book.' The 'Yellow Book' is used by government accounting officials, auditors of government entities, entities that receive government awards, and other audit organizations performing Yellow Book audits. It outlines the requirements for audit reports, professional qualifications for auditors, and audit organization quality control. Auditors of federal, and state and local government programs use these standards to perform their audits and produce their reports."

Law Offices of Nicks & Associates is confident that with the facts presented, the victims will finally get the justice they deserve. Attorney Nicks states that “it is time for our government to be transparent and accountable. It does not matter if $1.00 was stolen or 100k, the people of the City of Tifton need to be aware of how taxpayer funds are being used and trust that the processes and people that are in charge are doing the right thing, are accountable regarding the Cities purse and finances, and that their leaders interest is genuinely and truly for the people.” Mayor Julie Smith and City Council member have yet to respond to these allegations but thus far, their conduct indicates that they are siding with the City Official who have stolen funds. Some of the evidence in the firm’s possession was recently sent to the City implicating the City Official. No word yet on the Cities response.

For more information about Law Offices of Nicks & Associates, please go to www.lrnicks.com.