A copy of the below compliant was delivered to Cobb Sheriff Neil Warren March 3, 2010. Note: Sheriff Warren is a great American. The first Georgia local law enforcement head to begin use of 287(g)… in 2007. HERE for more on Sheriff Warren.

To: Sheriff Neil Warren 3 March 2010
Cobb County
Marietta, Georgia

From: Citizen D.A. King
Marietta, Ga.
President, the Dustin Inman Society

OFFICIAL COMPLAINT Possible violation of OCGA 13-10-90

Sheriff Warren, I reluctantly ask that your office investigate possible violations of state law (OCGA13-10-90) in your jurisdiction regarding the verification of newly hired employees, contracts for public works and security and immigration compliance.

Also, I ask that any violations of rules and regulations put forth by the Georgia Department of Labor (DOL) be investigated. (Chapter 300-10-1)

I have no doubt that we all seek total transparency on how contractors on public works are, or are not, in enthusiastic compliance with the law to which the rest of us are held.

I am aware that there are limited penalties for violation of this particular law, but nevertheless, and very respectfully, I insist that the rule of law be served and that the citizens of Cobb County and Georgia have a clear understanding and official report of the situation surrounding the recent news reports on the employees used in construction of the new Cobb Courthouse.

According to recent news reports, Turner Construction Co. ignored Georgia law and the DOL regulations by creating its own forms to replace the model affidavit supplied by the DOL for use by its subcontractors. If accurate, this action would also be a violation of the code cited here. These forms were reportedly not dated, contained no oath and were not notarized as mandated by Georgia law.

Under the law, the contractor, regardless of its size or budget is required to obtain affidavits from its subcontractors. Here I must note that according to the law, the term “Subcontractor” includes any subcontractor, contract employee, staffing agency or any contractor regardless of its tier.

I ask that you office discover, obtain and make public as evidence any and all such documents as part of your investigation. According to the law, these documents are public records.

I also note that Cobb County government bears legal responsibility for insuring that these documents become part of the bidding process for work on public works projects. I insert germane section of existing law below.

(b) (1) No public employer shall enter into a contract pursuant to this chapter for the physical performance of services within this state unless the contractor registers and participates in the federal work authorization program to verify information of all newly hired employees or subcontractors. 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 and is authorized to use the federal work authorization program;

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

(C) The affiant is using and will continue to use the federal work authorization program throughout the contract period. An affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for services; provided, however, that any information protected from public disclosure by federal law shall be redacted.

(2) No contractor or subcontractor who enters a contract pursuant to this chapter with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all newly hired employees….”

I ask that your office investigate whether that responsibility has been fulfilled.

Further, various news reports and public comments from contractors working on the courthouse allude to an individual known as Victor Candelaria who apparently served as a “sub-contractor” on the project and was possibly employing illegal labor and who did not use the mandated no cost federal E-Verify employment verification system, or any of the documents and affidavits required by law.

I respectfully submit that to learn the entire story, Mr. Candelaria should be located, interrogated and brought to justice in Cobb County.

It is my understanding that Zebra Construction Co. was responsible for finding and hiring Candelaria and his workers. I believe that there is probable cause to believe officials with Zebra Construction are, or were in violation of Georgia law.

To my knowledge, all of the contractors involved, with the exception of Candelaria, remain employed by Cobb County and are paid with taxpayer dollars. Officials with those enterprises are a potential source of much information regarding violation of the law and perhaps represent a conspiracy to do so.

Sheriff Warren, I regard you and all of your deputies with great respect and gratitude for your diligent and tireless law enforcement work. In these desperate times while the American worker is threatened on every front, I repeat my request that a full investigation be conducted on the possible violation of Georgia law that has clearly cost lawful workers jobs, wages and justice in their own country.

Please feel free to contact me if I can be of any assistance or answer any questions.

Sincerely,

D.A. King
Marietta, Ga.