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McKinney v. Fuciarelli

The trial court properly dismissed the plaintiff's claims against government defendants in their individual capacities based on the plaintiff's failure to obtain the Attorney General's approval prior to bringing suit, because the plain language of O.C.G.A. § 23-3-122 requires the Attorney General to approve a taxpayer retaliation claim prior to filing suit.

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We granted a writ of certiorari to the Court of Appeals in Fuciarelli v. McKinney, 333 Ga. App. 577 773 SE2d 852 2015, to determine whether it correctly held that the Georgia Taxpayer Protection Against False Claims Act, OCGA § 23-3-120 et seq., does not require the Attorney General to approve taxpayer retaliation claims brought under subsection l of the Act. Because the plain language of the statute requires the Attorney General to approve a taxpayer retaliation claim prior to filing suit, we reverse the judgment of the Court of Appeals.

Plaintiff Alfred Fuciarelli is a tenured faculty member at Valdosta State University VSU. Fuciarelli was at one time also assistant vice president for research and a dean of the graduate school. After he complained, however, about VSU’s noncompliance with laws, rules and regulations, VSU terminated Fuciarelli’s contract to serve as an assistant vice president and dean. The termination brought Fuciarelli’s administrative duties to an end and, although Fuciarelli remained as a member of the faculty, his salary and benefits were reduced. Fuciarelli appealed his termination to the Board of Regents which affirmed VSU’s decision.

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