Image: USCIS

The below complaint was hand delivered to Mr. Pat Head, Cobb County District Attorney, with the request that it be sent to the GBI and/or the AG

See related but separate complaint HERE

6 September 2010

Mr. Patrick H. Head, District Attorney
Cobb County, Georgia
10 East Park Square
Marietta, GA 30090
(770) 528-3080 Hand and electronically delivered

Complaint: Bromell Manicured Lawns falsified Public Works contractor affidavit
Violation of OCGA 13-10-91 & 16-10-20

Mr. Head,

I write – again – to request that your office forward the below complaint of multiple violations of Georgia law to the Georgia Bureau of Investigation for examination and/or to the Georgia Attorney General for prosecution.

I am aware that an ordinary citizen is prohibited by law from lodging a compliant with either office.

This is a complaint against – and request for an investigation of – Bromell Manicured Lawns of 1350 Farmer Rd., Lithonia Georgia 30012 for multiple violations of Georgia’s Public works law, OCGA 13-10-91. In addition, I believe it is clear that Mr. Michael S. Bromell, president of Bromell Manicured Lawns is in violation of OCGA 16-10-20 for false swearing on an official notarized affidavit submitted to the Georgia Department of Transportation (GDOT) regarding his company’s authority to use the federal E-Verify program.

State law requires that all public works contractors attest to use of the E-Verify database to verify work eligibility of newly hired employees and provide their E-Verify users number as well as the date of their Memorandum of Understanding (MOU) which is authority to use the no cost system.

According to documents provided to me by GDOT through Georgia’s open records laws, Michael Bromell, Bromell Manicured Lawns president, signed an affidavit dated 16 June 2010 attesting to use of E-Verify as a condition of obtaining a work contract for his company with GDOT. This is not Bromell’s first contract with GDOT.

According to documents obtained from the United States Department of Homeland Security, Bromelll Manicured Lawns did not obtain an MOU with E-Verify until 26 August, 2010. This date is well after GDOT and Bromell became aware of a local news organization’s investigation of their use of illegal labor.

I ask that an official investigation be launched and that the penalties for violation of Georgia law be implemented as a deterrent to other contractors for whom the law apparently is a joke. This would include the penalties added to Georgia code under SB 447 in the 2010 legislative session: “Contractors and subcontractors 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.”

I am respectfully confident of a full and complete investigation and that in creating some semblance of fear of legal sanctions for dishonest public works contractors and the official agencies that hire them, American workers will benefit from enthusiastic enforcement of the laws designed to protect us in Georgia.

Please find attached a copy of the affidavit in question (click to enlarge) and a page from a 607 page printout of Georgia E-Verify users provided by the U.S. DHS showing Bromell’s MOU date of August 26, 2010.

Respectfully,

D.A. King

Marietta, Ga. 30066

ADDED TO ONLINE VERSION 15 September 2010:

Federal Document Shows GDOT Contractor Lied On Affidavit
Federal Document Shows GDOT Contractor Lied On Affidavit. A Department of Homeland Security document obtained exclusively by CBS Atlanta shows a Georgia Department of Transportation contractor lied on a…
Article: http://www.cbsatlanta.com/news/24940373/detail.html