Search Results for: open records requests

 

• Cobb:

Open records request (July 28, 2022) and response from Cobb County Sheriff Craig Owens for Horacio Joselito Lopez (Horacio Lopez-Vail, aka Horacio Lopez Joselito, aka Horacio Joselito Lopez) here.

Open records request and response (February 15, 2021) from Cobb County Sheriff Craig Owens for Rony Perez-Lucas here.

______

• Gwinnett

Open records request and response (February 16, 2021) from Gwinnett Sheriff Keybo Taylor for  Christian Noel Velasquez.

Open records request and response from Gwinnett Sheriff Keybo Taylor for Diana Maria Agudelo here.

Open records request and response from Gwinnett Sheriff Keybo Taylor for Andres Israel Pedro here.

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• Athens Clarke County 

Open records request (August 24, 2022) and response from ACC Sheriff John Q. Williams forAntonio Reyes Velazquez here.

Note: If I understand her email response correctly, the ACC open records clerk tells that their office does not enter the place of birth on the booking report but that Velazquez was born in Mexico.

“Hi D.A. King,

It would not be on the documents but we do collect that information. It says Mexico.

Thank you,

Melanie Burton

Open Records Clerk

Clarke County Sheriff’s Office…”

 

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• Fulton

Coming soon.

My follow up email:Ms. Hyde,

Please forgive me for a follow up email, but I want to be clear about my request. I am asking for the affidavit in use on Oct 4, 2022  by  Carroll County as required by OCGA 13-10-91. I have emphasized the relevant language in the law below. Please let me know if your response is intended to fit my request – I want to exclude any possibility of misunderstanding or error on my part.

Thank you,

D.A. King

13-10-91. Verification of new employee eligibility; applicability; rules and regulations.

(a) Every public employer, including, but not limited to, every municipality and county, shall register and participate in the federal work authorization program to verify employment eligibility of all newly hired employees. Upon federal authorization, a public employer shall permanently post the employer’s federally issued user identification number and date of authorization, as established by the agreement for authorization, on the employer’s website; provided, however, that if a local public employer does not maintain a website, then the local government shall submit such information to the Carl Vinson Institute of Government of the University of Georgia to be posted by the institute on the website created for local government audit and budget reporting. The Carl Vinson Institute of Government of the University of Georgia shall maintain the information submitted and provide instructions and submission guidelines for local governments. State departments, agencies, or instrumentalities may satisfy the requirement of this Code section by posting information required by this Code section on one website maintained and operated by the state.

(b)

(1) A public employer shall not enter into a contract for the physical performance of services unless the contractor registers and participates in the federal work authorization program. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor attesting to the following:

(A) The affiant has registered with, is authorized to use, and uses the federal work authorization program;

(B) The user identification number and date of authorization for the affiant;

(C) The affiant will continue to use the federal work authorization program throughout the contract period; and

(D) The affiant will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information required by subparagraphs (A), (B), and (C) of this paragraph.

An affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for physical performance of services; provided, however, that any information protected from public disclosure by federal law or by Article 4 of Chapter 18 of Title 50 shall be redacted. Affidavits shall be maintained by the public employer for five years from the date of receipt.

(2) A contractor shall not enter into any contract with a public employer for the physical performance of services unless the contractor registers and participates in the federal work authorization program.

(3) A subcontractor shall not enter into any contract with a contractor unless such subcontractor registers and participates in the federal work authorization program. A subcontractor shall submit, at the time of such contract, an affidavit to the contractor in the same manner and with the same information required in paragraph (1) of this subsection. It shall be the duty of any subcontractor receiving an affidavit from a sub-subcontractor to forward notice to the contractor of the receipt, within five business days of receipt, of such affidavit. It shall be the duty of a subcontractor receiving notice of receipt of an affidavit from any sub-subcontractor that has contracted with a sub-subcontractor to forward, within five business days of receipt, a copy of such notice to the contractor.

(4) A sub-subcontractor shall not enter into any contract with a subcontractor or sub-subcontractor unless such sub-subcontractor registers and participates in the federal work authorization program. A sub-subcontractor shall submit, at the time of such contract, an affidavit to the subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract, in the same manner and with the same information required in paragraph (1) of this subsection. It shall be the duty of any sub-subcontractor to forward notice of receipt of any affidavit from a sub-subcontractor to the subcontractor or sub-subcontractor with whom such receiving sub-subcontractor has privity of contract.

(5) In lieu of the affidavit required by this subsection, a contractor, subcontractor, or sub-subcontractor who has no employees and does not hire or intend to hire employees for purposes of satisfying or completing the terms and conditions of any part or all of the original contract with the public employer shall instead provide a copy of the state issued driver’s license or state issued identification card of such contracting party and a copy of the state issued driver’s license or identification card of each independent contractor utilized in the satisfaction of part or all of the original contract with a public employer. A driver’s license or identification card shall only be accepted in lieu of an affidavit if it is issued by a state within the United States and such state verifies lawful immigration status prior to issuing a driver’s license or identification card. For purposes of satisfying the requirements of this subsection, copies of such driver’s license or identification card shall be forwarded to the public employer, contractor, subcontractor, or sub-subcontractor in the same manner as an affidavit and notice of receipt of an affidavit as required by paragraphs (1), (3), and (4) of this subsection. Not later than July 1, 2011, the Attorney General shall provide a list of the states that verify immigration status prior to the issuance of a driver’s license or identification card and that only issue licenses or identification cards to persons lawfully present in the United States. The list of verified state drivers’ licenses and identification cards shall be posted on the website of the State Law Department and updated annually thereafter. In the event that a contractor, subcontractor, or sub-subcontractor later determines that he or she will need to hire employees to satisfy or complete the physical performance of services under an applicable contract, then he or she shall first be required to comply with the affidavit requirements of this subsection.

(6) It shall be the duty of the contractor to submit copies of all affidavits, drivers’ licenses, and identification cards required pursuant to this subsection to the public employer within five business days of receipt. No later than August 1, 2011, the Departments of Audits and Accounts shall create and post on its website form affidavits for the federal work authorization program. The affidavits shall require fields for the following information: the name of the project, the name of the contractor, subcontractor, or sub-subcontractor, the name of the public employer, and the employment eligibility information required pursuant to this subsection.

(7)

(A) Public employers subject to the requirements of this subsection shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this subsection. Subject to available funding, the state auditor shall conduct annual compliance audits on a minimum of at least one-half of the reporting agencies and publish the results of such audits annually on the Department of Audits and Accounts’ website on or before September 30.

(B) If the state auditor finds a political subdivision to be in violation of this subsection, such political subdivision shall be provided 30 days to demonstrate to the state auditor that such political subdivision has corrected all deficiencies and is in compliance with this subsection. If, after 30 days, the political subdivision has failed to correct all deficiencies, such political subdivision shall be excluded from the list of qualified local governments under Chapter 8 of Title 50 until such time as the political subdivision demonstrates to the state auditor that such political subdivision has corrected all deficiencies and is in compliance with this subsection.

(C)

(i) At any time after the state auditor finds a political subdivision to be in violation of this subsection, such political subdivision may seek administrative relief through the Office of State Administrative Hearings. If a political subdivision seeks administrative relief, the time for correcting deficiencies shall be tolled, and any action to exclude the political subdivision from the list of qualified governments under Chapter 8 of Title 50 shall be suspended until such time as a final ruling upholding the findings of the state auditor is issued.

(ii) A new compliance report submitted to the state auditor by the political subdivision shall be deemed satisfactory and shall correct the prior deficient compliance report so long as the new report fully complies with this subsection.

(iii) No political subdivision of this state shall be found to be in violation of this subsection by the state auditor as a result of any actions of a county constitutional officer.

(D) If the state auditor finds any political subdivision which is a state department or agency to be in violation of the provisions of this subsection twice in a five-year period, the funds appropriated to such state department or agency for the fiscal year following the year in which the agency was found to be in violation for the second time shall be not greater than 90 percent of the amount so appropriated in the second year of such noncompliance. Any political subdivision found to be in violation of the provisions of this subsection shall be listed on www.open.georgia.gov or another official state website with an indication and explanation of each violation.

(8) Contingent upon appropriation or approval of necessary funding and in order to verify compliance with the provisions of this subsection, each year the Commissioner shall conduct no fewer than 100 random audits of public employers and contractors or may conduct such an audit upon reasonable grounds to suspect a violation of this subsection. The results of the audits shall be published on the www.open.georgia.gov website and on the Georgia Department of Labor’s website no later than December 31 of each year. The Georgia Department of Labor shall seek funding from the United States Secretary of Labor to the extent such funding is available.

(9) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement in an affidavit submitted pursuant to this subsection shall be guilty of a violation of Code Section 16-10-20 and, upon conviction, shall be punished as provided in such Code section. Contractors, subcontractors, sub-subcontractors, and any person convicted for false statements based on a violation of this subsection shall be prohibited from bidding on or entering into any public contract for 12 months following such conviction. A contractor, subcontractor, or sub-subcontractor that has been found by the Commissioner to have violated this subsection shall be listed by the Department of Labor on www.open.georgia.gov or other official website of the state with public information regarding such violation, including the identity of the violator, the nature of the contract, and the date of conviction. A public employee, contractor, subcontractor, or sub-subcontractor shall not be held civilly liable or criminally responsible for unknowingly or unintentionally accepting a bid from or contracting with a contractor, subcontractor, or sub-subcontractor acting in violation of this subsection. Any contractor, subcontractor, or sub-subcontractor found by the Commissioner to have violated this subsection shall, on a second or subsequent violations, be prohibited from bidding on or entering into any public contract for 12 months following the date of such finding.

(10) There shall be a rebuttable presumption that a public employer, contractor, subcontractor, or sub-subcontractor receiving and acting upon an affidavit conforming to the content requirements of this subsection does so in good faith, and such public employer, contractor, subcontractor, or sub-subcontractor may rely upon such affidavit as being true and correct. The affidavit shall be admissible in any court of law for the purpose of establishing such presumption.

(11) Documents required by this Code section may be submitted electronically, provided the submission complies with Chapter 12 of Title 10.

(c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

(d) Except as provided in subsection (e) of this Code section, the Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the Georgia Department of Labor’s website.

(e) The commissioner of the Georgia Department of Transportation shall prescribe all forms and promulgate rules and regulations deemed necessary for the application of this Code section to any contract or agreement relating to public transportation and shall publish such rules and regulations on the Georgia Department of Transportation’s website.

(f) No employer or agency or political subdivision, as such term is defined in Code Section 50-36-1, shall be subject to lawsuit or liability arising from any act to comply with the requirements of this Code section.

_________

Response: (the attached affidavits are not related to OCGA 13-10-91. I have them pasted on the below)

On Oct 21, 2022, at 12:24 PM, Janet Hyde <jhyde@carrollcountyga. com> wrote:

This was indeed an oversight.  I was out of the office the remainder of that week and overlooked it when I returned to the office.  The documents you requested are attached to this email.  You may also copy Taffeny Johnson, our office manager, at tjohnson@carrollcountyga. com for future open records requests.

 

Sincerely,

 

Janet Hyde, County Planner

Carroll County Community Development

423 College Street
Carrollton, GA 30117

(770)830-5861 Ext 2051

http://www.carrollcountyga.com/158/Community-Development-Department

<image001.jpg>

NOTE: Zoning and variance cases are not guaranteed. A development discussion is not an assurance of issuance of a building permit, business license (OTC), or assurance of possible zoning change. The plan review process requires review and acceptance by multiple reviewers before approval.

 

 

October 21, noon-ish

Ms. Hyde,

 

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

 

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:

 

 

I support the police.
All lives matter.

 

Open records request Re; OCGA 42-4-14

—> Booking info here 

RESPONSE HERE.

 

The below email was sent Feb 15, 2021 at 11:36 AM

Sheriff Taylor,

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 Christian Noel Velasquez who news reports (original link expired, replaced 30July 2022) say was arrested on Feb 7, 2021 and is confined in the Gwinnett County jail.

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 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

2984 Lowe Trail

Marietta, GA. 30066

404-316-6712

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 support the police.
All lives matter.

__________

Response received Feb 16, 2021 at 10:33 A

Your Open Records Request has been added to the online Gwinnett County Open Records Center. For future requests, you may access the online portal at the link below. This portal will allow you to create and track your requests, make payments, communicate with County staff, and view responsive files. Thank you and have a great day.

Gwinnett County Open Records Center

 

” src=”blob:https://newdustininmansociety.org/eb6381ae-cdc4-4488-91df-4df47212211a” alt=”https://www.gwinnettcounty.com/static/images/OutlookSignatureGCLogoSlogan.png” border=”0″ class=”Apple-web-attachment Singleton” style=”width: 1.6166in; height: 0.525in;”>

Meagean Diaz | Open Records Officer, Law Department | Gwinnett County Government 770.822.8712 | 75 Langley Drive, Lawrenceville, GA 30046 | www.gwinnettcounty.com

 

 

“Per O.C.G.A. 16-11-66, you can record a telephone conversation in Georgia if you are a party to the conversation (on the phone). The recording will typically be admissible evidence at any hearing or trial.” Here.

_____

 

On October 24, 2022 around 10:15 AM I took a surprise phone call from Mr. Avery Jackson (a Carroll County attorney) and staffers who wanted to explain changes that had been made in their business license issuing system and to get my acknowledgement that they were now in compliance with state law. I was busy when they called and quickly asked them to call back in five minutes. The below is audio of the return call. That call was about 34 minutes total. Below that is a professional transcription.

Carroll County call to me Re: Changes in system Oct 24, 2022 1043 AM

 

Part 1

Part 2

Transcription by Rev.com – cost to me: $74.00

Begin call:

“D.A. King:

“D.A…”

Avery Jackson:

Hi Mr. King. It’s Avery Jackson. Is now a good time?

D.A. King:

It, it, it is. I’m sorry. I w- I was not in my office, and, or organized. So yes, sir, I am here now. How can I help you?

Avery Jackson:

Oh, okay, good. I’m, I’m gonna conference in, uh… me, me and you have talked before. I’m the, uh, county attorney for, uh, Carroll County. Or, one of the two. I think you’ve also talked to my law partner, Stacey Blackman. But I wanted to connect, uh, you with, uh, Ben Skipper and Janet Hyde at the community development department, so we could just talk through… I know you have some open records requests. And there’s some other issues, and I just want us all to be on the same page and see how we can get these things resolved.

D.A. King:

Okay, uh… are, are you the same attorney I spoke to one time, uh, in, in the winter about checking with Cobb County to make sure you, you had an example of how to get the affidavits correct?

Avery Jackson:

Uh, we did talk about Cobb County-

D.A. King:

Okay.

Avery Jackson:

… when we spoke before. Um, and, uh, I understand that, uh, that they were doing it, uh, one, one way, and we were… but that there, there may be another way to do it too. Um, and, uh… so Mr. King, I got, uh, I just connected us to Ben Skipper and Janet Hyde so that they could be a part of the conversation and we can kind of see where we need to go from here. Ben and Janet, are y’all on the phone?

Ben Skipper:

We’re here.

Janet Hyde:

We’re here. Hello.

Avery Jackson:

Okay. Um-

Ben Skipper:

Good morning, Mr. King.

D.A. King:

Good morning, everybody.

Ben Skipper:

Good morning. Yeah, let’s, let’s make sure we got this right.

Avery Jackson:

Um, so, I think, uh, and Janet, you correct me if I’m wrong, but Janet has gotten the affidavit from the, uh, the form that the Attorney General’s office has, and has replaced the affidavit that Carroll County was using with the form that the Attorney General office, uh, has prepared. Is that correct, Janet?

Janet Hyde:

That is correct, yes.

Avery Jackson:

Okay. Um, and I guess, and Mr, King, I’m looking… I wanna know if that… if you think that, at least on that particular issue of the affidavit, uh, resolves that if we’re using that form that the Attorney General’s office has provided?

D.A. King:

Okay. The AG’s office was directed by law to create the affidavit for E-Verify, I, I have, I designed it myself. So is that the affidavit you’re talking about? So that the applicant swears to use of the E-Verify system, provides their unique user number and their date that they, um, had the agreement effective? It… are you talking about the E-Verify affidavit?

Janet Hyde:

Um, hang on one second let me go get it.

Avery Jackson:

Uh, so, so you’re the expert then. You created the form so you know exactly what it’s gonna say, (laughs).

D.A. King:

Yeah. And well, believe me. I, I wish I wasn’t.

Avery Jackson:

(laughs). Uh, well Janet I guess is going to get a copy of that, so she can tell you exactly what it says, and which one we’re, we’re using. We can make sure we’re… we are using that correct form.

D.A. King:

Okay. Sometimes you guys, sometimes it helps to understand why things were done, to understand w- why, why the rules are there. What we, what we did originally, is we said, “Okay, we want everybody to swear on an affidavit X Y and Z.” And then a bunch of counties, including ACCG reps told us, “Well, we don’t understand exactly the law.” So we simplified it, we thought, and we standardized the affidavit so the… some little county in South Georgia wasn’t using a different affidavit, um, than a county in Metro Atlanta. invariably, they wouldn’t be the same and they would, they would get it wrong on what the required information was. So, there is a standardized affidavit for each of the three, um, benefits or, or parts of the benefits that people apply for to get a public benefit, uh, including the, the, uh, E-Verify benefit.

So, what we’re trying to do in, in simpler terms was to make sure that somebody in the country illegally has a much di- more difficult time getting a business license, beating on a job with a public employer, in example, Carroll County or, or even working for a contractor who’s working on a public job. Our goal was to simply try to make sure only legal residents have the benefit of all of those advancements in Georgia.

Avery Jackson:

Got it. And that makes perfect sense, uh-

D.A. King:

We thought.

Avery Jackson:

… and I think for-

D.A. King:

(laughs).

Avery Jackson:

Right, (laughs). And I, and I think that, uh, yeah, we wanna make sure we’re complying. I think we fall in that category where I guess we were using a… the non-standardized affidavit and, um, and so we’re… I think we’re moving to use the, the standard affidavit.

D.A. King:

Well that’s, that’s good news. Um, I w- I was curious, before I forget. And I won’t interrupt again, but I’m curious there were on the… when I first started checking on the system there were dates in there. Like, one of them was as off… or as off Ja- January 2013. And then the next time, I looked at a different place at the same time on, on the Carroll County website and there was an affidavit with an effective date where the applicant was swearing to X,Y or Z as of January 2020. Does anybody… is that just a fact that somebody put in a date by mistake and it never got changed? Does anybody know how that happened? And again, you don’t owe me an explanation I was just curious?

Avery Jackson:

I, I believe that the… yes, the, the date just… it was just, uh, ei- either a typo or just never got updated when the year rolled over to the next year.

D.A. King:

Okay, so-

Avery Jackson:

[inaudible 00:06:43].

D.A. King:

I, I, I… if… uh, I can’t tell you on the phone exactly what’s going on without seeing the website. So I’m trying to talk and get on your website at the same time, and I’m not sure I’m smart enough for that, but…

Avery Jackson:

But Jan- Janet, you have that affidavit that we’re now using?

Janet Hyde:

I, I do. I have it right in front of me. Uh, it talks of Private Employer Affidavit Pursuant to O.C.G.A 36-60-6 (d). And then it says, “By executing this affidavit under oath the undersigned private employer verifies one of the following with respect to its applications for a business license, occupational tax certificate, or other document required to operate a business as referenced in reference to the, uh, [inaudible 00:07:26] law. And then it’s got a section one, please check only one. On January 1st, of the below-signed year, the individual, firm, or occupa- or corporation employed more than 10 employees. Or, on January 1st of the below-signed year, the individual, firm, or corporation employed 10 or fewer employees.”

D.A. King:

Okay, a- a- and again-

Janet Hyde:

And it-

D.A. King:

Again, Ms. Hyde, I, I don’t wanna say, “Yeah that’s it,” without, without seeing it. Because I don’t honestly remember what the, what the… all the language in the, in the spaces are. But if, if… did you get it from the, did you get it from the Attorney General’s website?

Ben Skipper:

It’s on the site.

Janet Hyde:

This is the one that came from the Attorney General’s website, yes.

D.A. King:

Okay.

Avery Jackson:

And Janet can we, can we email that to Mr. King, so ho he can look at it and respond to us, or?

Janet Hyde:

Yes, I can do that.

Avery Jackson:

Okay. Perfect. So we’ll… Uh, Mr. King we’ll email you a copy of that so you can look at it and let us know if… make sure we’re… we are using the correct form that we’re, we’re supposed to.

D.A. King:

Okay.

Avery Jackson:

Yeah.

D.A. King:

Are you, are you… like, are you… I say, I say email it now while we’re speaking?

Avery Jackson:

Um, uh, can, can you do that, Janet?

Ben Skipper:

Yeah.

Janet Hyde:

Yeah, let me get it done.

Avery Jackson:

Okay. Yeah, she can do that. Uh, and I guess while she’s doing that, um, is there anything else that if we’re… a- assuming we’re using the correct affidavit now, which hopefully you’ll be able to let us know, uh, is there anything else that we… you think we need to do or other issues that you have concerns about?

D.A. King:

Um, I- I’m trying to remember, just, just so you’ll know I personally have nearly 40 hours in this little self-appointed audit of the Carroll County system, be- because it took me a great deal of time to check and re-check. So, I d- I did that so that I would be accurate, and I don’t wanna tell you something wrong while I’m just scrolling through here. I can tell you how it looks or I can tell you tomorrow but I don’t wanna give you a definitive answer right now on the-

Avery Jackson:

Sure.

D.A. King:

… phone because-

Avery Jackson:

Yep.

D.A. King:

… I don’t.

Avery Jackson:

Yeah. No, no, I’m… I don’t mean to put you on the spot and tell you out of the blue to do that. So no, uh, a- absolutely. I just wanted to make the connection with you and, and see if we can, with Ben and Janet, and see if we can just all put our heads together. And since you are the expert, you can let us know the issues or concerns as you see them and then we can try to, uh, try to address, address those. [inaudible 00:10:02].

D.A. King:

Okay, let’s, let’s do this before I forget. Because well, on the phone last winter I, I, I remember the phone call vividly because I couldn’t keep straight in my head Carrollton City of and Carroll County, um, ’cause I had spoke to people-

Avery Jackson:

Yeah.

D.A. King:

… to, to… in multiple places. And, and I [inaudible 00:10:21]. But I remember the phone call when I was taking a walk with my wife and I suggested, “Take a look at Cobb County and do it the way they do it.” And what you- what you’re remembering is I told you that they are going over and above what the law requires but the- they’re, they’re diligence insures that they will not ever get it wrong. And it, and it goes like this. The law is a, is a minimum statement. The law doesn’t say, “You cant’ do more to ensure that people in the country illegally don’t get X,Y or Z.” But the law says, “Here’s the minimum.” What Cobb County does is they require… Every time I, for example r- renew my business license, I have to check the affidavit box that I’m eligible for that particular public benefit.

Even though I’m a US citizen. So, people get kind of upset when they have to do that but quite frankly i- it takes any, any possibility of violation off of your office. Because the law says that once I have proven to my business license department that I am a US citizen I don’t have to continually prove that every year upon renewal, because the chances of me losing my citizenship are very, very slim. In my case they are zero, but if I was a naturalized American, it is possible to lose that naturalization, um, status. You, you… are you with me?

Avery Jackson:

I, I think so, Ben are you?

Ben Skipper:

Yeah, we’re, we’re listening.

D.A. King:

Oh, oh, okay. So, if you do it the way Cobb County’s doing it, you would require the, the applicant for renewal, for example on this benefit of a, of a business license, to fill out the affidavit, every year. That is not required by the law. The law says, once I… once the applicant has proven to you or sworn to you that he is a US citizen, when he comes back next year he does not have to do that again. It doesn’t mean you can’t ask him to do it again, but it, it removes that variable from d- do we have to do this paperwork and can we keep track of Joe Smith status from last year?

Now, you, you have a relatively small amount of, of business licenses compared to Cobb County so, you know, it makes it easier on both ends. But that’s up to you. I just wanted you to know what I… why I was mentioning Cobb County, uh, last year and that was what I just described. And I know it’s confusing, honest.

Avery Jackson:

Yeah no I, I think I understand that and I think what, what a- at least, uh, my understanding is that, like you said, some people do get upset when like they are a US citizen and they have to fill out that every year and they don’t understand why they have to, to do that. Um, a- and that can make them mad. So I think our, our thoughts were that we wanted to comply with the law, uh, but not, uh, necessarily go as far as Cobb County does, unless we felt that we were missing people where there would be an issue but as you said, we, we have such a small amount of business license compared to Cobb County. Our thought was that we could track, uh, if anybody was, uh, uh… i- if there were a potential issue where they needed to renew or sign that every year that would attract those particular cases or instances.

D.A. King:

Well, that- that’s up to you. As long as I made… as long as I explained that again, you know. Again, your… certainly, your choice.

Avery Jackson:

Yeah.

D.A. King:

But by, by doing it the Cobb County way there’s never going to be a, a possibility of going out of compliance, so.

Avery Jackson:

Yes. And, and it may be that we need to do that, you know in the future we can look at it again and see, uh, because you’re… I mean, you are right that’s the way to ensure that you don’t miss anybody, uh.

D.A. King:

Okay, so right now I’m, I’m talking to you and I’m trying to go online and find… I guess I can get onto my own website. (laughs). I’m trying to find the AG-

Ben Skipper:

[inaudible 00:14:56].

D.A. King:

I’m sorry?

Ben Skipper:

We, we, we emailed you the… what we’re using.

D.A. King:

Ye- yes sir, I- I’m looking at it.

Ben Skipper:

Yeah.

D.A. King:

But you see, I need to compare it to what I see on the website to get-

Ben Skipper:

Oh, you’re-

D.A. King:

On the AG website to give you an-

Ben Skipper:

[inaudible 00:15:07].

D.A. King:

… to give you an answer.

Ben Skipper:

Oh yeah, well. Well, I, I think all parties here we’re interested in doing it correct, (laughs).

D.A. King:

Um, so again you just have to excuse me until I find this. And I don’t-

Avery Jackson:

Yeah, no, that’s fine. [inaudible 00:15:24]. Take your time.

D.A. King:

I don’t do… I don’t know why I’m having such a difficult time finding it right now, but… Georgia AG affidavit. Hmm.

Avery Jackson:

And sorry to call you up out of the blue, we were just all looking at this, this morning and trying to make sure that we had the right one and that we’re getting in compliance and we said, “Well, why don’t we just call up Mr. King today, (laughs)? He’s the, he’s the expert and he can, uh, let us know so we can make sure, (laughs).”

D.A. King:

You guys know that you’re supposed to file a report ever year, uh, affectively saying “We’re in compliance with the law”, right?

Avery Jackson:

The [inaudible 00:00:17] verify law?

D.A. King:

Um… the, uh… 531, the- the- the save, the public benefits part of it. I know we have that in there.

Avery Jackson:

Okay. I did-

D.A. King:

But-

Avery Jackson:

… I did, but [inaudible 00:00:34]-

D.A. King:

Ple- ple- please remember that I- I- I worked with this for years and years and years, but I have not worked with it in years and years and years. So I don’t like giving definitive answers to questions unless I can see exactly what we did. Um…

Avery Jackson:

Sure. I guess what-… so what we do is that every year HR sends out a request, uh, because there- there is a, um… uh… a report that they send out every year about being verified and stuff and, uh, Ben, your office sends in that information to HR who then reports it, is that correct?

Ben Skipper:

Right.

Avery Jackson:

So we believe that we are taking that correct step every year.

D.A. King:

Hmm. Okay, I’m looking at an affidavit on the attorney general’s website. And it doesn’t fit my memory, and it doesn’t fit what you just sent me, I don’t think.

Speaker 4:

Avery, this is what Stacey sent me and she said it was from the AG’s website, so…

D.A. King:

Yes ma’am. Yes ma’am. Right- right now… I just clicked on the same link twice and got a different… this is really wild y’all. You-… I- I hate that you guys have to listen to me talk to myself. But, um… I’m gonna mail this back to Miss Hide.

Speaker 4:

Yes.

D.A. King:

I’m- I’m just gonna put here A-

Speaker 4:

I’m sorry, that was [inaudible 00:02:16].

D.A. King:

… A G, so I- I- I think we’re- I think we’re looking at the same affidavit. But just so you’ll know, I clicked on the link a minute ago and I got an unfamiliar affidavit. I clicked on it a third time, unless I am crazier than I thought this morning, I’m getting something different.

Avery Jackson:

(laughs)

D.A. King:

I’m not kidding. So anyway, the affidavit that popped up just now, I- I think, is the same affidavit that you sent me via email.

Avery Jackson:

Okay.

D.A. King:

I just sent it to Miss Hide so… it- it looks the same to me, yes.

Avery Jackson:

Okay. And so, uh… Janet’s gonna put that or has put that on the website already, so that’s the affidavit that we’re using and will be using going forward. Um… let’s see. And, uh, is there any other issues or concerns? And again, I- I don’t wanna put you on the spot. So if you think of anything, uh… you know, we can have another call later this week or- or something if we need to. Uh, but I just wanted to see if there’s any other issues or concerns, um, that, uh, that you had or- or…

D.A. King:

Uh, I- I-

Avery Jackson:

I appreciate the- the information about Cobb County and-… but if there’s any other [inaudible 00:03:43]-

D.A. King:

Okay, no, all right, I understand. So here-… I- I don’t- I don’t remember, again, you can’t believe the amount of scrutiny I- I’ve put into this, ’cause I don’t wanna put my name on a- a- a 1200 word article in your paper and be wrong. And I-… it-… there’s not a sent-… there’s not a word in there that is not accurate, and I’m very proud of that.

Avery Jackson:

Right.

D.A. King:

So…

Avery Jackson:

Right.

D.A. King:

I don’t wanna- I don’t wanna start now with a- with a phone call. But I wanna be sure-

Avery Jackson:

No.

D.A. King:

… I don’t remember if you’re collecting the secure and verifiable ID documents?

Avery Jackson:

Okay.

D.A. King:

Are you?

Avery Jackson:

Ben?

Ben Skipper:

What- what [inaudible 00:04:22] when you say that, that we’re collecting the-

D.A. King:

Okay.

Ben Skipper:

Are you talking about their driver’s license?

D.A. King:

Well, it could be a driver’s license. Yes. There’s a whole list. We- we- we- we decided-

Ben Skipper:

Well yes, we get- we get that-

D.A. King:

You are- you are doing it?

Ben Skipper:

… [inaudible 00:04:39] every business. Yes.

D.A. King:

Okay.

Ben Skipper:

I just didn’t understand the terminology [inaudible 00:04:48], so…

D.A. King:

Okay.

Ben Skipper:

Yeah.

Avery Jackson:

I guess because… and the reason it is is because the thing that we ask for is the driver’s license and that’s what everybody mostly has, right?

D.A. King:

Well, yeah. It’s-… that gets into a gray area. I’m not gonna confuse you with that right now. I’ll wait a minute for that. But I guess that, um… to [inaudible 00:05:08] address, secure and verifiable ID. Um… what did I send?

Speaker 4:

I don’t [inaudible 00:05:17] this, so I’m not sure what the documents say Ben.

Ben Skipper:

Yeah. No [inaudible 00:05:20]-

D.A. King:

Okay, that’s- that’s what I’m trying to tell you. People can send you a- a variety-… copies of a variety of documents that the-… we gave the AG a lot of leeway in saying which documents were acceptable. And what we were trying to do is more be exclusive, like we did not want, um, people in the country illegally to send you an ID card they obtained from their home nations council. They called a matricula consular card. So we just excluded some documents. The AG is telling you what documents you can accept.

Avery Jackson:

Got it.

D.A. King:

So I- I- I can’t remember… I don’t think you-… I don’t- I don’t remember that I- that I noticed that you were collecting those documents previously. Find my way back to your website. So, if I- if I apply for… if I send in a request for open records for all the documents that X, Y, Z business filed for their business license last year, it would entail you sending back to me or anybody who asked, all of the documents would include their affidavit and a copy of their secure and verifiable ID. In your case, you’re using a driver’s license, that’s fine. Um… but you would- you would have to send me a- a redacted copy of their driver’s license. I’ve- I’ve done it in- in multiple places. Some people do it, some people don’t, but the law requires it.

Avery Jackson:

Right. Yeah.

D.A. King:

So-

Avery Jackson:

And- and Ben you-… and- and Ben, you think we are doing this? If- if somebody made that request we would have those driver’s license with the affidavit in the file?

Ben Skipper:

Uh…

Speaker 4:

[inaudible 00:07:37] you. Now you would-

Ben Skipper:

Okay, the new ones we always done this, and this is back to where what D.A.’s talking about on renewals. And I’m sitting here with Tina, one of the business license clerks, and she’s tell us that we are now requiring it on renewals too.

D.A. King:

Tha- that is-… that-

Ben Skipper:

[inaudible 00:07:58]. Where before, Avery, we-… what- what D.A.’s saying is what we did, was- was the state law. You come in, you fill it out one time, and you come back to renew, if there’s no changes we didn’t get anything. But Tina’s now telling me, now even on renewals we’re- we’re getting your driver’s license again. Or a passport or-

D.A. King:

Okay, yeah, that- that- that-

Ben Skipper:

… your- your, uh-

D.A. King:

… that- that- that sounds right. So the- the- the- the- the variable here, and I’m sorry to, uh, it’s hard for me to be very eloquent this morning. But you-… if I- if I qualify for a business license because I am here with a green card. I’m not a US citizen, but I’m here legally, okay? I-… you- you are supposed to ask me to prove that status with that affidavit and that ID every year. Because I can lose that- that lawful presence, quote unquote, that legal status. That can go away from one year to the other.

Ben Skipper:

And Tina’s shaking her head yes, she knows exactly what you’re talking about.

D.A. King:

All right, so-

Ben Skipper:

She’s saying that’s what she’s doing.

D.A. King:

You- you- you only required to make a US citizen prove that status one time in the same office for the same benefit. You know? But if somebody goes to, I don’t know if you have like a-… if you have the housing department, for example. A- anything out of the Carroll County Department of Community Development, if that same person goes and applies for a- a- a- a home loan or whatever’s outside of your-… you-… your office, then they have to start all over and- and prove their status again. It’s not the-… it’s not a county thing, it’s an office thing.

Ben Skipper:

Right.

D.A. King:

All right.

Ben Skipper:

Okay.

D.A. King:

Again, le- let me- let me say, I feel sorry for people who have to learn this. Uh, but… you know, it’s- it’s all done for a reason. It- it ma- it makes sense to us and we fought like tigers to get it through. Don’t care who else is listening, but ACCG and GMA, A, fought us every step of the way, and B, I think they’ve done an abysmal job of ensuring compliance and explaining this to people in- in a periodic, uh, format so that the n-… the- the new guy in- in whatever desk at whatever department has to- has to re-learn this all- all by themselves, without any guidance. So… you welcome to pass that on to those guys if you want to.

Avery Jackson:

(laughs). All right. Uh… so it sounds like we are using the- the Cobb County method now. Um… so, um… is there-… I’m just trying to think of through, is there anything, uh… and again, I’m not putting you on the spot. But, uh, and I wanted to, while we were talking about it this morning, just ask you and then if- if you think of anything later this week or reviewing your- your notes and information, uh, you know, we would be glad to- to talk with you a- again and see what we can get, uh, resolved. Um… but it, uh, hopefully… I guess if we’re using the correct affidavit now and we’re going above and beyond what the law-… the minimum law states and we’re getting the secure and verifiable, uh, documents and affidavit at renewal, um… is there anything else that you can think of off the top of your head today that, uh, that you think-

D.A. King:

I- I- I- I- I- I can’t, and I- I’m gonna use the caveat that just because I can’t right now doesn’t mean there isn’t one. But it doesn’t sound like it to me, no sir. So… when I asked for these open records requests in the last six weeks, however long it’s been, I never got anything have to do with secure and verifiable ID. So when you say “That’s what we’re doing”, are you saying you started collecting the secure and verifiable ID just very recently or that I didn’t get sent those- those copies?

Ben Skipper:

Very recently, is what Tina’s saying.

D.A. King:

All right. So you- you- you weren’t collec-

Ben Skipper:

[inaudible 00:12:18]-

D.A. King:

… you weren’t doing-

Ben Skipper:

… [inaudible 00:12:20] I guess what I’m saying, it is-… we’ve made a lot of changes since these things-… since we’ve been in communication, Mr. King, is that… we- we- we’ve made a lot of changes, we’ve changed the website, we’re changing what we’re doing upfront, trying to be in the law. So…

D.A. King:

We- we- well that’s good. Believe me, there’s- there’s-… I have other things to do. I’m 70 years old, I don’t want anybody to think I’m sitting around trying to put somebody, you know, on the spot. But I- I- I worked about 12 years of my life to get these laws into place and, um, I’m- I’m now trying to get them, you know, get some compliance. So I-… there’s- there’s no animosity on my end, but there is a lot of determination.

Avery Jackson:

Absolutely. And there’s none on our end either. We just wanna make sure we’re-… we- we make the appropriate changes and- and start, uh, uh, operating like, uh, like we should.

D.A. King:

All right. So has- has-… can I ask you? Has- has someb-… have you had an application process yet in which you are using the correct affidavits and collecting the secure and verifiable ID?

Ben Skipper:

Yes.

D.A. King:

All right. So I’m gonna do an open records request. That way I can- I can-… I’ve done my due diligence before and after. So I’ll do that and- and that’ll be great to get that information. Um… I’ll have to figure out what business to ask for or the la-… I’ll just ask for like the last five affidavits, try to make it easy on your end. But that will-… for me, that will close the book on this and I’ll- I’ll make sure I say as much.

Avery Jackson:

Okay. Uh… that sounds good sir. You’re gonna submit the open records request and then Ben will get the last five, uh, that we’ve done, um, and-

Ben Skipper:

[inaudible 00:14:11] all the new paperwork.

Avery Jackson:

Yeah.

D.A. King:

Yeah. So you can see what I’m looking for. I’m- I’m looking for, okay, I’ve seen ’em do it wrong and now I’ve seen ’em do it, um, in- in- in a way that complies with the law.

Ben Skipper:

I understand.

D.A. King:

Okay. So, are you going- are you going-

Ben Skipper:

[inaudible 00:14:27] all parties-

D.A. King:

I’m sorry?

Ben Skipper:

We- we- we can go ahead and do that Avery, you don’t have to-

Avery Jackson:

Yes.

Ben Skipper:

… send an email. We’re standing here talking so you don’t need to send me an email. So what I’m gonna do is- is when we get off the phone, I’ll have staff pull the last five and then we will send them to you.

D.A. King:

Okay, well-

Ben Skipper:

[inaudible 00:14:45]-

D.A. King:

… as long as you- you-

Ben Skipper:

[inaudible 00:14:46] you get something wrong, you just give us a call back on the phone and we’ll fix that.

D.A. King:

Okie dokie. Um… I was go- gonna say something, I forgot. Sorry. All right, well I’ll- I’ll- I’ll-… if it’s the last- if it’s the last [inaudible 00:15:00]-

Ben Skipper:

[inaudible 00:15:00] expert. (laughs)

D.A. King:

I’m sorry?

Ben Skipper:

Uh, like you said, you are an expert on this, so-… and we’re just trying to make sure we get it right.

D.A. King:

Okay. Um, if- if- if the last five entails, um, the business license and it has… well you-… okay, yeah, that’ll work.

Ben Skipper:

Yeah, we gonna send you the last five and we-… and- and we want you to… if something’s wrong, let us know, and then Avery, we will work on fixing that.

D.A. King:

Okay. Well I-… well- well I’m gonna-

Ben Skipper:

All we want is to be in compliance.

D.A. King:

I understand. But I’m gonna feel better if I send an open records request, and I can say I- I-… you-… send it- it-… you-… sent it to me, but just… what- what we wanna see is, as if I sent an open records request, please send me all of the documents collected for the last-

Ben Skipper:

For the last-

D.A. King:

… five applications for, uh, occupational tax license, yadda, yadda.

Ben Skipper:

Yadda, yadda. All right. Well, send us the email and we’ll start working on it.

D.A. King:

All right. So you do want the email?

Ben Skipper:

Well I thought you said you was gonna send one anyways.

D.A. King:

(laughs). Well, I- I- I-

Ben Skipper:

[inaudible 00:16:11] but I can-

D.A. King:

… I will if you want, yeah. It’s probably better if I send it so I’ll-… I will send it, and I’m sorry to talk over you.

Ben Skipper:

[inaudible 00:16:16] the last five-… you’re- you’re gonna get a email with the last five. Me, Janet, Avery and D.A. and Stacey are gonna be copied with our last five. So…

D.A. King:

Okay. All right. That- that- that’s a big help. So I- I- I hope that I have- that I have helped and, again, I take no responsibility for anything I may have forgotten to say. But… um, I’m kidding.

Avery Jackson:

Yeah.

D.A. King:

I- I-

Avery Jackson:

If you think of anything, we’re-… the- the lines of communication are open, so feel free to give us a call and let us know.

D.A. King:

Okay. All right you guys. Thank you very much.

Avery Jackson:

Thank you.

Ben Skipper:

Thank you.

Avery Jackson:

We appreciate.

D.A. King:

Yes sir.

Avery Jackson:

Swell. Bye.