Letter to UC Davis Chancellor Legal Counsel Melinda Guzman

Dear Ms. Guzman,

It has come to my attention that you are representing UC Davis Chancellor Linda Katehi in her dispute with the University of California. As we both know, UC President Janet Napolitano recently removed Chancellor Katehi from her position at UC Davis and placed her on administrative leave due to allegations of misconduct and violations of UC policies and procedures.

Because of the ongoing events with Ms. Katehi’s removal from the UC Davis Chancellor position, I have quite a clear picture of what is driving the Regents of the University of California and the corrupt UC Office of the President (UCOP) administration in their recent attacks against the Greek-born Chancellor Linda Katehi and her family

I clearly see similarities between my own situation and the way university administration is attacking Chancellor Katehi, removing her from the chancellor position, and placing her on administrative leave. This is almost a copy of the ill-crafted attacks against me, which began in 2007 and continued with over a year of administrative leave (in 2011-2012) until the Regents, by the UC General Counsel’s order terminated my employment in December 2012.

The difference is that Ms. Katehi is a chancellor, whereas I worked for the UC Davis Medical Center for 13 years (and a subordinate of Chancellor Katehi from 2009 to 2012).

I don’t know all the details about how Chancellor Katehi was able to keep her job despite the November 18, 2011, pepper-spray attack against protesters, which was orchestrated by UC Davis Campus Counsel Steven Drown, UC General Counsel Charles Robinson, UC Davis Medical Center HR Executive Director Stephen Chilcott, Lt. Matt Carmichael, and most likely Lt. James Barbour, among others.

I also don’t know the name of the person who, in November 2011, was on standby to replace Ms. Katehi as interim chancellor after the pepper-spray incident or who orchestrated the massive, warlike hysteria that the mass media launched against Chancellor Katehi, UC Davis Chief of Police Annette Spicuzza, and Lt. Pike .

In November 2011, UCOP used the students’ protest as the first attempt to remove Katehi from the UC Davis Chancellor position. Many from the old UC Davis establishment applauded this attempt. She was a stranger to them. However, that was not the primary reason she was targeted in November 2011.

In 2011, Chancellor Katehi had only held chancellor position for two years, and, as she was too new, she was not trusted to be willing to participate (as the head of UC Davis) in the unlawful deal to sell power from the 27-MW UC Davis Medical Center (UCDMC) cogeneration facility.

I was the main obstruction to the regents’ unlawful power sale, and in 2007, I became a target to be erased from the UCDMC’s landscape and payroll. Since 2003, the University of California had lost approximately half a billion dollars in revenue that should have been generated from selling power from the aforementioned 27-MW UCDMC cogeneration facility.

The orchestrated November 18, 2011, pepper-spray attack carried out by Lt. Pike resulted in a settlement in the amount of $1 million for the affected protesters (plus $250,000 in legal fees). This was a small amount in comparison to the approximately half-billion dollars in revenue that the university had lost since 2003 because of unsold power from the UCDMC plant.

The turmoil caused by the protesting students in 2011 was the perfect opportunity to remove Chancellor Katehi and me from UC Davis.

The $ 1 million settlement paid to the protesters who were pepper-sprayed by Lt. John Pike was a drop in the bucket relative to the enormous multi-million-dollar fraud related to the operation of the 27-MW UCDMC cogeneration power plant, which the UC Regents deliberately built at UC Davis Medical Center in 1998 with the clear intention of making millions of dollars through the unlawful generation and sale of power.

These millions of dollars were frozen in the UCDMC cogeneration power plant, which was named the “Central Plant” and which, in 2011, produced at least 10 MW during the day—and 15-17 MW of power to export was a big stake. The losses from the pepper-spray incident would quickly have been recovered through selling power (in three months or less in the summer).

In 2007, I was able to have my dismissal repealed; I survived as Chancellor Katehi survived the 2011 image of Lt. Pike’s attack with the M-9 pepper-spray can, which UC Davis Campus Counsel Steven Drown, UC General Counsel Charles Robinson, UCDMC HR Director Stephen Chilcott, Lt. Matt Carmichael, and a few other perpetrators and collaborators created especially for her.

In 2011, and for many years thereafter, I viewed Chancellor Katehi as my enemy, especially after, in 2012, I received (through the Public Record Act) a copy of a document called “Confidential Summary on Waszczuk,” which Chancellor Katehi supposedly requested from UC Davis Medical Center in November 2011.

Today, I see that the November 2011 “Confidential Summary on Waszczuk” document was meant to cause Chancellor Katehi to give the OK for terminating my employment prior to the November 18, 2011, pepper-spray incident and that, thereafter, Chancellor Katehi would be blamed for attack and dismissed as well, thus opening the door to the new and unlawful power sale worth millions.

The replacement of Annette Spicuzza and Lt. Pike was the easy part, and this was decided prior to November 18, 2011. I also think that Porter/Scott attorneys were involved as advisors regarding how to pursue the elimination of Chancellor Katehi, Annette Spicuzza, and Lt. Pike prior to November 18, 2011. Porter/Scott resurfaced later as Chancellor Katehi’s defense counsel in the lawsuit filed in Federal Court.

I don’t know what saved Chancellor Katehi in 2011 after the publicity surrounding the outrageous image of Lt. Pike spraying protestors without any hesitation like he was on some kind of parade. Lt. Pike did this in front of hundreds of phones video cameras, reporters, and TV crews, and the protesters did not show any resistance or movement. This image of Lt. Pike was created to dispose of Chancellor Katehi, and it was so blunt that my eyebrows rose when I watched it over and over.

In 2011 I did not pay enough attention, and I did not analyze the pepper-spray incident. I had a similar opinion to those of millions of other viewers. I was also preoccupied with fighting against the same folks who set up Chancellor Katehi to terminate her. Also, in the aftermath, I did not have the time or interest to read about Reynoso’s or Kroll’s reports.

However, as early as in my September 30, 2012, letter entitled OPEN LETTER IN RE: NOTICE INTENT TO DISMISS AND THE UC DAVIS POLICE “MOST UNWANTED” BULLETIN, which I addressed to UC Davis Chief of Police Matt Carmichael (whom Chancellor Katehi had newly appointed), I wrote:
Also, I view the “Most Unwanted” bulletin as a complete failure of the University of California Office of the President, the UC Davis Chancellor’s Office and the UCDMC leadership to resolve the conflict in a professional way.
My case relates to the leadership’s failure such as the failure of the UC leadership in the pepper spray and brutal UC Police actions against protesting students and UC Campus Staff. Lt. Pike and UC Davis Chief of Police Annette Spicuzza became sacrificial scapegoats for the UC Regents and UC Office of the President Mark Yudof’s leadership.

UCDPD Lt. Matt Carmichael was assigned to the UCDMC in Sacramento, 25 miles from the UC Davis Campus.
In 2011, Lt. Matt Carmichael (along with another crooked UCDPD cop, Lt. James Barbour) should investigate the suicide of a UCDMC Central Plant operator caused by the hostile working environment there, a blackmail petition for a 12% pay raise that a few individuals from the Central Plant had submitted to management, locker burglaries, the illegal activities of a twice-convicted child pornography felon in the UCDMC HVAC shop, credit card embezzlement at the UCDMC Office of Students and Resident Diversity (led by Dr. Darin Latimore), fraud at the UCDMC Parking Services Department (led by Duane Hicks), illegal neurosurgical experiments at the UCDM School of Medicine that resulted in several patient deaths (led by UC Davis Vice Chancellor Claire Pomeroy), HVAC Shop Supervisor Dorin Daniluc’s notorious use of the university’s time to run his own private HVAC business and church, and HVAC Shop Manager Patrick Putney’s trafficking and sale of animals from the HVAC shop. Instead of Lt. Matt Carmichael were plotting UC Davis Campus Counsel Steven Drown and UC Davis Medical Center HR Director Stephen Chilcott in the fall of 2011 to remove UCDP Chief of Police Annette Spicuzza and Lt. John Pike, to whom I was providing information about corruption and the misuse of university resources.
Today, I think that California Assembly Speaker John Perez’s involvement in November 2011 saved Chancellor Katehi from being dismissed. He and Chancellor Katehi requested an investigation of the orchestrated pepper-spray attack against protesters and gave the OK to replace Chief Annette Spicuzza and to fire Lt. Pike.
Chancellor Katehi did not realize in 2012 that, four years later, she and her family would become scapegoats for the same reason that she was attacked in 2011 but that this time, even more powerful forces would be involved, including former U.S. Homeland Security Chief Janet Napolitano, former U.S. Attorney for Northern California Melinda Haag, Deputy Chief for California Governor Jacob Appelsmith, and five California legislators. This warlike hysteria was launched against the chancellor and her family by the mass media and by social media nationwide, leading to a scenario very similar to my own in November 2011.

In 2007, and even in November 2011, I had no clue about the UC Regents’ fraud related to the power sale, but the UC General Counsel, UC Davis Campus Counsel Steven Drown, UCDMC HR Executive Director Stephen Chilcott, and the UC Regents themselves all knew what was at stake if I found out about it. They knew that I could find out because I disclosed a similar $100,000,000 fraud that my previous employer committed against the Pacific Gas and Electric Company’s customers.

I found about the regents’ fraud in June 2015 through litigation against the regents, so I decide to create a Second Amended Complaint in my wrongful termination lawsuit. I wrote a 295-page complaint, which I provided to the regents’ counsel from the Porter/Scott law firm.

My attempt to file an amended complaint was blocked by the university’s motion for an automatic stay due to a pending anti-SLAPP motion appeal in the Court of Appeal’s Third District.

Aside from the anti-SLAPP motion appeal, I have a pending appeal against the California Unemployment Insurance Appeal Board (CUIAB), with the UC Regents as a real party in interest

After my Third Amended Complaint was blocked due to the regents’ motion, I informed the university counsel that I would file a complaint with the California State Bar against UC’s army of lawyers, who have been terrorizing me since December 2006 because of the power-sale fraud (of which I was not aware at the time, as it never crossed my mind to deal with any of the regents’ fraud).

Since November 2015, I have been preparing complaints against the regents, including a complaint with the Internal Revenue Services (IRS) regarding the enormous, multi-million-dollar fraud related to the unlawful sale of power from 1999-2003 and 2012-2013.
I filed my other complaint against the university’s army of lawyers, who had subjected me to psychological terror for six years, with the California State Bar. This complaint was over 200 pages long and included 177 exhibits.

In addition, I filed a complaint with the State of California Commission on Judicial Performance against Sacramento County Superior Court Judge Shelleyanne Chang, who prior to serving on the bench was a Deputy Chief for California Governor Grey Davis. Governor Davis’ administration was involved in fraud related to the regents’ unlawful power sale. Gov. Davis toured the 27-MW UCDMC cogeneration facility in February 2011, when the plant was unlawfully selling power, and a fraud case was pending against the regents with the U.S. Federal Energy Regulatory Commission. Two former California Attorneys General, Bill Lockyer and Edmund Brown, covered up this fraud in 2007.

When I was ready submit all these complaints in March 2016, UC Davis again became like it had been in November 2011, with student protests including the occupation of Chancellor Katehi’s headquarters in Mrak Hall. Both mass media and social media, just as in 2011, launched into warlike hysteria in a nasty campaign against Chancellor Katehi that involved many allegations.

At first, I was monitoring the situation; as I stated previously, I had viewed Chancellor Katehi as my enemy—as a superior who contributed to my suffering and who did not react to my inquiry about the psychological terror I was experiencing.

I expressed my feelings in my complaint, which I submitted to the previously mentioned law enforcement agencies, with copies to the U.S. Federal Bureau of Investigation (FBI) offices in Sacramento and San Francisco. I also expressed my negative feelings about Chancellor Katehi on social media.

Shortly after I submitted my complaints, I received responses from the IRS and FBI. The IRS assigned the case a number and took my complaint under consideration to investigate.
The FBI’s Sacramento office sent me a letter informing me that they did not want to deal with my complaint, but the letter noted that they will keep the huge number of files I provided them on a flash drive.
The FBI advised me to submit my complaint against the regents to the U.S. Inspector General, which I did immediately after.

On April 14, 2016, I also submitted my complaint to the U.S. Attorney General’s Sacramento office in the hopes of bringing criminal charges against the regents and the many individuals who committed enormous tax fraud and who covered up violations of employees’ civil and human rights, including my own.
When the mass media started rumbling that Chancellor Katehi’s family had become the focus of nasty attacks, I started looking back to the 2011 attack, when UC thugs attacked my psychologist, my physician, and members of the family member in Janet Keyzer’s wrongful termination case against regents became regents target of retaliation

As I mentioned previously, the FBI did not want to deal with my complaints against the regents, but on April 29, 2016, an FBI agent called me and questioned me for about half an hour about the regents’ unlawful power sale.

What caught my attention in the conversation with the FBI agent was that he was trying to refocus me on the regents’ unlawful contract with SMUD in 2012 and 2013, a copy of which I provided to the FBI on the flash drive. They wanted to know where from I got the copies. They did not want to talk about the fraud from 1999-2003, which was covered up in 2007 UC attorneys , California two Attorney General , Bill Lockyer and Edmund Brown and CAISO General Counsel Charles Robinson.

After the interview, I was thinking about why the 2012-2013 fraud interested the FBI but not the 1999-2003 fraud.
A few days after the FBI call, UC President Janet Napolitano hired former U.S. Attorney Melinda Haag to investigate whether Chancellor Katehi violated UC policies and procedures. I don’t think she did. I can review and determine whether a UC employee violates UC policies. I have successfully represented many UC Davis employees who were wrongfully accused of violating the university’s policies and procedures. UC does not need Haag for such a task

I got suspicious after my conversation with the FBI agent; perhaps by hiring Melinda Haag, Janet Napolitano was attempting to intimidate Chancellor Katehi and her family with Haag’s U.S. Attorney’s title. This may be an attempt to frame Chancellor Katehi for power-sale fraud decisions because Ms. Katehi was chancellor in 2012 and 2013. The unlawful power sale ceased seven days after I filed my wrongful termination lawsuit in December 2013. I have all the available information about who is responsible for the cover-up of the fraud and for the decision to unlawfully sell the power. The allegations and accusations against Chancellor Katehi are a smokescreen to hide something bigger, and Ms. Katehi is a scapegoat.

In conclusion, I don’t think that university will let Ms. Katehi come back to her post unless, perhaps, Janet Napolitano is fired from her own post (for which she never should have been hired).

I am hoping that that you will successfully prosecute the university and Janet Napolitano for destroying Chancellor Katehi and her family. The lawsuit should be for at least $10,000,000 to compensate Ms. Katehi for what she is going through.

If you have any questions or if you need any documents, I am willing to provide you with all the files on my flash drive; hopefully, that will be helpful for Ms. Katehi and her family.

Regards,

Jerry Waszczuk

Categories:

Tags: