Open records request: Fulton County Sheriff - Re: Compliance OCGA 42-4-14

Photo: Fulton County Government.

The below email was sent (forwarded return mail rejected because of bad address on website) to the Fulton County Sheriff Feb 16, 2021 at 12:04 PM, Feb 16, 2021 after phone conversation with staffer. Sent to Pat.labat@ fulto. Also to Fulton Co. Attorney.

Note: We also sent open records requests to Gwinnett Sheriff and Cobb Sheriff.

Begin forwarded message:

From: “D.A. King” <D

Subject: open records request Re; OCGA 42-4-14

Date: February 16, 2021 at 11:25:23 AM EST

To: Patrick.Labat@ ful

Cc: steven.rosenbev, Dexter.Jenkin, Adam.Le, Derrick.Single

Fulton Co. Sheriff Patrick Labat. Photo: Ballotopedia

Sheriff Labat,

Please regard this email as my official request for copies of public records.

Please send me copies of any and all documents, emails, phone logs or any record, including ~~electrons~~ (electronic) records in your office pertaining to and or associated with any arrest, custody or incarceration of one Jesus Alvarez De La Rosa who the Atlanta Journal Constitution newspaper reports was booked into the Fulton Co. jail on (or about) Feb 15, 2021.

Please send me copies of any and all documents, emails, records, including electronic records, or phone logs pertaining to and or associated with any communication with federal immigration authorities in the U.S. Department of Homeland Security, including Immigration and Customs Enforcement (ICE) dealing with or associated with the arrest, booking and confinement of the subject named above. My request includes all records in your office relating to the state law (OCGA 42-4-14) that requires your office to use reasonable effort to determine the inmate’s nationality and verify immigration status and to report the inmate to U.S. DHS if he is determined to be an illegal alien.

Please include copies of any and all documents, queries, records, including electronic records, and logs related to communication between your office and the Law Enforcement Support Center (LESC) dealing with the arrest process and or confinement of the above named subject.

I expect my request to be expanded.

Thank you in advance for a timely and relevant response.

As an informative courtesy, I paste below the entire code section OCGA 42-4-14.

D.A. King

Marietta, GA. 30066

O.C.G.A. § 42-4-14

Copy Citation

Current through the 2020 Regular Session of the General Assembly

GA – Official Code of Georgia Annotated
TITLE 42. PENAL INSTITUTIONS
CHAPTER 4. JAILS
ARTICLE 1. GENERAL PROVISIONS

42-4-14. “Illegal alien” defined; determination of nationality of person charged with felony and confined in a jail facility

(a) As used in this Code section, the term “illegal alien” means a person who is verified by the federal government to be present in the United States in violation of federal immigration law.

(b) When any person is confined, for any period, in the jail of a county or municipality or a jail operated by a regional jail authority in compliance with Article 36 of the Vienna Convention on Consular Relations, a reasonable effort shall be made to determine the nationality of the person so confined.

(c) When any foreign national is confined, for any period, in a county or municipal jail, a reasonable effort shall be made to verify that such foreign national has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the foreign national, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated by the federal government. If the foreign national is determined to be an illegal alien, the keeper of the jail or other officer shall notify the United States Department of Homeland Security, or other office or agency designated for notification by the federal government.

(d) Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release; provided, however, that upon verification that any person confined in a jail is an illegal alien, such person may be detained, arrested, and transported as authorized by state and federal law.

(e) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures used to comply with the provisions of this Code section.

History

Code 1981, § 42-4-14, enacted by Ga. L. 2006, p. 105, § 5/SB 529; Ga. L. 2008, p. 1137, § 4/SB 350; Ga. L. 2009, p. 8, § 42/SB 46; Ga. L. 2009, p. 970, § 2/HB 2; Ga. L. 2011, p. 794, § 13/HB 87.

___

I received the below response at 1:28 PM same day.

Dear D.A. King:

Thank you for submitting an Open Records Request to Fulton County, Georgia.

The County received your Open Records Act request dated February 16, 2021 and has assigned the reference number R001016-021621 for tracking purposes.

Record(s) Requested: Please regard this email as my official request for copies of public records. Please send me copies of any and all documents, emails, phone logs or any record, including electrons records in your office pertaining to and or associated with any arrest, custody or incarceration of one Jesus Alvarez De La Rosa who the Atlanta Journal Constitution newspaper reports was booked into the Fulton Co. jail on (or about) Feb 15, 2021. Please send me copies of any and all documents, emails, records, including electronic records, or phone logs pertaining to and or associated with any communication with federal immigration authorities in the U.S. Department of Homeland Security, including Immigration and Customs Enforcement (ICE) dealing with or associated with the arrest, booking and confinement of the subject named above. My request includes all records in your office relating to the state law (OCGA 42-4-14) that requires your office to use reasonable effort to determine the inmate’s nationality and verify immigration status and to report the inmate to U.S. DHS if he is determined to be an illegal alien. Please include copies of any and all documents, queries, records, including electronic records, and logs related to communication between your office and the Law Enforcement Support Center (LESC) dealing with the arrest process and or confinement of the above named subject. I expect my request to be expanded. Thank you in advance for a timely and relevant response.

We will send out the request to the appropriate department(s). If you should have any questions or concerns about the requested documents, please feel free to contact the Fulton County Open Records team. If there should be a cost associated with the Open Records Request we will contact you in a timely manner.

Fulton County has a new Open Records Center that allows you to submit and track Open Records Act requests. Please visit the link below to monitor request progress and submit future requests.

Open Records Center

Fulton County Open Records

I support the police.
All lives matter.

The below open records request to TCSG is pasted in reverse order – my original ORR is on the bottom., most recent reply on top.

D.A. King,

Thank you for your patience, D.A., and for taking the time to submit your Open Records Request. Pursuant to subparagraph (b)(I)(A) of O.C.G.A. 50-18-71, we are responding in a reasonable timeframe. You have requested copies of SAVE affidavits, applications, and Secure and Verifiable ID documents collected from specified employer participants in the apprenticeship program.

At this time, the requested records do not exist. The awarded companies were recently announced, and we are in the initial stages of the contracting process. This process includes the hiring of apprentices, submission of required documentation, and the verification of information prior to contracts to be drafted and executed.

It is anticipated that the requested records may become available by late February or early March. It would be best to submit a new request at that time to obtain the information.

Should you have any additional questions or require further clarification, please do not hesitate to contact our office.

When submitting future requests, use our ORR portal: Legal Services – TCSG | Technical College System of Georgia

Kind regards,

Leigh Keever

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Leigh Keever, M.A.

Policy Coordinator

Office of Legal Services

Technical College System of Georgia

1800 Century Place, NE, Ste. 400

Atlanta, GA 30345

404-679-4971–office

lkeever@tcsg.edu |www.TCSG.edu

_________________

From: D. A. King <dk
Sent: Tuesday, December 3, 2024 11:32 AM
To: Keever, Leigh <lkeever@tcsg.edu>
Subject: Re: ORR

CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Thank you.

dak

Sent from my iPhone

_________

On Dec 3, 2024, at 11:28 AM, Keever, Leigh <lkeever@tcsg.edu> wrote:

Mr. King,

Thank you for contacting the TCSG with your Open Records Act request. Pursuant to subparagraph (b)(I)(A) of O.C.G.A. 50-18-71 we wanted to notify you that the breadth of acquiring the requested data will take longer than the 3-day period. We anticipate having the documents you are requesting to you no later than Friday the 13^th of December.

We appreciate your patience and understanding.

Kind regards,

Leigh Keever

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Leigh Keever, M.A.

Policy Coordinator

Office of Legal Services

Technical College System of Georgia

1800 Century Place, NE, Ste. 400

Atlanta, GA 30345

404-679-4971–office

lkeever@tcsg.edu |www.TCSG.edu

___________________

From: D.A. King <>
Sent: Monday, December 2, 2024 10:15 AM
To: Keever, Leigh <lkeever@tcsg.edu>; D’Alessio, Mark <MDAlessio@tcsg.edu>
Subject: ORR

Please regard this email as my official open record request for copies of documents pertaining to compliance with OCGA 50-36-1 in the HDAP Apprenticeship Program.

Please send me copies of SAVE affidavits, applications, and Secure and Verifiable ID collected from the below employer participants in the apprenticeship program. I understand that there may be some redaction.

5 Points Electrical

Ace Electric Inc.

All & Everything LLC

Ascendum Machinery Inc

B & W Mechanical Contractors, Inc.

Bargeron Electric Company LLC

Caterpillar BCP, Inc.

Croy Electrical Inc.

Silver Sheet Metal

Delta Plumbing Inc.

Thank you,

D.A. King.