An investigation into the financial dealings of College Park's development authority has resulted in the public censure of its former chairman, Tracey Wyatt, over more than $548,000 in questionable payments made to a real estate company. The probe, conducted by the authority's legal counsel, found that Wyatt executed unlawful agreements without board approval.
Wyatt, who stepped down as vice chairman in August but remains on the board of the Business & Industrial Development Authority (BIDA), has been scrutinized for his role in authorizing the payments to a Keller Williams brokerage. The fallout from the investigation has also entangled former city officials and raised questions about political interference in a subsequent criminal probe.
Key Takeaways
- Former BIDA Chairman Tracey Wyatt was publicly censured for executing unauthorized agreements with a real estate firm.
- An internal investigation identified over $548,000 in questionable commission payments to a Keller Williams brokerage.
- A legal report described Wyatt's actions as a "deliberate disregard" for procedure and a "misuse of public funds."
- The former College Park police chief, who initiated a criminal investigation into the matter, alleged retaliation and political interference before her resignation.
Unauthorized Agreements Spark Investigation
The controversy centers on a series of agreements Tracey Wyatt signed while serving as chairman of BIDA. An investigation led by the authority's lawyer, LaTonya Wiley Nix, concluded that Wyatt acted without the required approval from the board. These agreements established a 10% commission for Keller Williams on various land transactions.
The arrangements were unusual because they included commissions on property swaps and land acquisitions through eminent domain, where a traditional sale did not occur. According to the investigation, commissions were calculated based on the appraised value of the properties rather than a sale price.
In a summary of her findings, Wiley Nix wrote that Wyatt acted outside of his authority. The agreements were described as "exclusive representation" contracts that were executed without the board's knowledge or consent.
What is BIDA?
The Business & Industrial Development Authority (BIDA) is a public corporation in College Park tasked with promoting economic development. It has the authority to contract, acquire property, and facilitate projects to attract business and investment to the city.
A Pattern of Disregarded Procedures
The lawyer's report, obtained by Crezzio, paints a picture of a systematic breakdown in oversight. Wiley Nix's report stated Wyatt's conduct was not an isolated error but showed a "pattern of deliberate disregard for the governing framework" of BIDA.
"This was a misuse of public funds," the report concluded, detailing how the agreements were structured to benefit the real estate entity without proper public procedure.
One of the largest single transactions involved a payment of $471,960. This commission was for a quitclaim deed transfer of five land parcels from the city of College Park to BIDA itself. Essentially, one government-related entity was transferring land to another.
Records show the initial invoice for this commission was rejected by the city's interim economic development director at the time, Brian Hooker. In a statement, Hooker said paying a commission for an internal land transfer "made no sense." However, a revised invoice was later submitted and approved by the then-City Manager, Emmanuel Adediran, who was fired in May and has declined to comment.
By the Numbers: The Payments
- $548,000+: Total questionable payments identified.
- $471,960: The single largest commission, paid for a land transfer between the city and BIDA.
- 10%: The commission rate set in the unauthorized agreements.
Wyatt Responds, Citing 'Good Faith'
During a BIDA meeting where he was censured, Wyatt expressed regret for the trouble his actions caused. He has maintained that he did not personally benefit from the transactions.
"I have not had one penny," Wyatt stated, denying any personal gain from the contracts he signed. He testified during the investigation that he signed the documents in "good faith," assuming they had already been properly approved.
Despite his resignation as vice chairman, Wyatt remains a voting member of the BIDA board. The situation has created tension within the city's leadership, with some officials calling for the full recovery of the funds.
"We want our money returned," City Councilman Jamelle McKenzie said, emphasizing the financial loss to the city. "Half a million dollars is gone."
Allegations of Political Interference
The issue escalated beyond an internal review when former College Park Police Chief Connie Rogers launched a criminal investigation. This probe led to an arrest warrant for a Keller Williams broker, Nichole Minter Menzies, on a felony charge of theft by deception.
However, the Fulton County District Attorney's office later declined to prosecute the case, citing insufficient evidence. A spokesperson for the DA's office did not provide further comment.
Shortly after the investigation began, Rogers resigned from her position in December. In a letter, she cited "political interference" and "retaliation" for pursuing the investigation into the BIDA payments. She claimed she faced pressure and unethical directives related to the case.
The city is now working to recover the funds. BIDA's lawyer has sent a formal demand letter to Keller Williams for the return of the money. A spokesperson for Keller Williams noted that its brokerages are independently owned and operated. It remains unclear what further legal action, if any, will be taken by the city or BIDA if the funds are not returned.
