Open records request - Cobb County Sheriff - Feb 15, 2021, Rony Osvaldo Perez Re; OCGA 42-4-14

Cobb Sheriff Craig Owens Jr. Photo: CCSO/WABE/Twitter

Open records request Re; Compliance with OCGA 42-4-14 Email traffic.

Email sent 11:21 AM – FEB 15, 2021

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Sheriff Owens,

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 Rony Perez-Lucas who at least one local news report claims was arrested on Feb 9, 2021 and is or was confined in the Cobb 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

Marietta, GA. 30066

O.C.G.A. § 42-4-14

Current through the 2020 Regular Session of the General Assembly

§ 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.

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Response received from Sheriff Owens address at 11:43 AM:

Good morning Mr. King,

Please send all Open Records request for the Cobb Sheriff’s Office to Ms. Robin Clements our Custodian of Records she handles all Open records request for Cobb Sheriff’s Office.

Thank you and have a great day!

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I forwarded the original email to Robin Clements a few minutes later and was sent this response.

On Feb 15, 2021, at 12:31 PM, Clements, Robin <Robin.Clements@cobbcounty.org> wrote:

Good Morning Mr. King,

I have attached the arrest/booking report along with a color mugshot. All charges were obtained by the Cobb County Police Department, not our agency. In order to retrieve an incident report please contact Cobb County Police at policeopenrecordsofficer@cobbcounty.org. Their case number is 21009562. For information regarding the immigration status of Rony Perez please contact the Department of Homeland Security/ICE. I am only the custodian of records for the Cobb County Sheriff’s Office. Have a great rest of the day and stay safe!

Very Respectfully,

<image001.gif>

Robin E. Clements

Executive Asst. to Chief Deputy R. W. Anderson

Public Safety Services Coordinator

185 Roswell Street

Marietta, GA 30090-9650

770.499.4748 Office

Robin.Clements@cobbcounty.org

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I then sent this (1:05 PM) in an effort to be sure my original request was clear to all concerned at the CCSO.

Ms.Clements,

Thank you. To be clear, my request included records that would exist if the Cobb County Sheriff office is in compliance with OCGA 42-4-14. I want to be sure there is no confusion and that these are the only records your office can produce for my request on the booking and incarceration of this individual, including any records that would exist due to compliance with the above state law.

I strive for accuracy.

dak

I support the police.
All lives matter.

__________

Then I received this response:

Then I received this response (February 18, 2021, 3:20 PM)

Good Afternoon Mr. King,

I have attached the arrest/booking report. There is detainer that has been placed on Mr. Perez for Homeland Security. The booking that I sent you on Monday stated there was a detainer placed per 287g. This was entered in error on the booking sheet and has since been corrected. All charges were obtained by the Cobb County Police Department. In order to retrieve an incident report please contact Cobb County Police at policeopenrecordsofficer@cvobbcounty.org. Their case number is 21009562. For information regarding the immigration status of Rony Perez please contact the Department of Homeland Security/ICE. Have a great rest of the day and stay safe!

______________

Here is the (corrected) booking report from the Cobb jail

“It is testament to the tenacity, funding and power of the school choice advocates that including illegals in a proposed new state benefit program is even being discussed.”

A battle is coming between the Georgia Republicans who are pushing “school choice” at any cost and pro-enforcement conservatives who refuse to reward and encourage more illegal immigration into Georgia. Expanding benefits for illegal aliens does exactly that. The lobbying money is on the “include the illegals” side. All too often, the truth isn’t.

Despite what Georgians may be told, the 1982 Plyer V Doe Supreme Court decision only requires states to provide public school tuition to K-12 students regardless of immigration status.

A word of experienced advice to readers who may favor “putting parents in charge of education…” but take the pro-enforcement view of the debate: You can save yourself a lot of attacks as being “anti-school choice” if you make clear your opposition to rewarding illegal immigration early in any discussion on the topic.

We don’t allow illegal aliens to access the Hope Scholarship, the Zell Miller Scholarship, or instate tuition in our taxpayer-funded public colleges. Why do some Republicans want to welcome illegal alien families with discretionary, taxpayer-funded K-12 private school benefits? It is testament to the tenacity, funding and power of the school choice advocates that including illegals in a proposed new state benefit program is even being discussed.

This writer attended a seminar on school choice last fall in Marietta and got the “whole enchilada” presentation and was surprised to see several well-known Georgia Republicans -including former U.S. Senator Kelly Loeffler – featured as presenters. I still don’t know the answer to the above question. But I can report that the ongoing illegal immigration catastrophe was completely avoided in the program and there was no Q&A session. I did hear it said that “we are all Americans.”

Related: School choice legislation is likely from Georgia lawmakers this session

We are not aware of any position the new leadership under the Gold Dome has taken on delivering state funds to illegal alien families for use as K-12 tuition payments to private schools. A great deal of time and trouble could be saved if Georgians could get a signal on this from the new Speaker or the new Lt. Governor – or Gov. Kemp.

Influential national radio show host Erick Erickson predicted a win for commonsense: “I’m fairly certain the Republicans aren’t going to fund illegal aliens going to private school…” was part of the response from Erickson last year to an on-air alert from this writer about the absence of language to exclude illegals in then-pending state legislation.

Soon after that public forecast from Erickson, there were various versions of poorly written and unworkable language purporting to exclude illegal aliens from the proposed “school choice” legislation offered in three separate bills in 2021-2022 General Assembly. So, it’s clear that most members of both chambers are aware of the concern.

Readers who have not heard one of the school choice sales programs for what is also known as “educational freedom” and “fund students, not systems” may want to consider attending an Americans for Prosperity event on the matter this evening in Alpharetta. It looks like presenters will include lobbyist and former GOP state Rep Buzz Brockway and Forsyth County school board member Mike Valdes.

If you go: I’ll wash your car if you let us know if there is any mention of illegal immigration or that according to the U.S. Dept. of Homeland Security, there are only six states with a higher illegal population than Georgia.

One online advertisement for the AFP event includes a reminder of a January proclamation of “School Choice Week” (Jan 22-28) from Gov. Kemp. The proclamation does not say if the governor would sign a bill that provides state funds for future “undocumented workers” to pay K-12 private school tuition.

Neither does it say if a law that excluded illegal aliens from any state-funded school choice benefit would be enforced. Many state laws aimed at illegal immigration aren’t.