January, 20, 2016

Re; Official complaint, violation of Georgia Open Records Act – request for action

Dear Sheriff Warren,

Please regard this letter as my official complaint and request for enforcement action regarding violation of Georgia’s Open Records Act. It is my contention that Commissioner Rob Mikell , Georgia Department of Driver Services is, as head of that public agency, in violation due to the refusal of DDS to offer any response to me or produce documents I formally requested from DDS on January 11 of this year.

I requested public records or documents from DDS that show an image of the official state photo ID card known as the “Georgia ID” that is issued and administered by DDS on January 11, and have yet to receive any response or reply. My request was specific to the Georgia ID card issued to illegal aliens who have benefitted from President Obama’s mass deferred action on deportation program. My purpose is to learn if the state ID cards issued to illegal aliens have a different appearance than the same documents issued to Americans and aliens with legal status. I also requested documents showing am image of the drivers license currently issued to illegal aliens by DDS and asked for documents or records illustrating the total, final monetary cost of administrating issuance of both the Georgia ID card and drivers license.

Because of the failure of obtaining this public record in the past, I note that my request was sent through the office of state Senator Josh McKoon. DDS replied to Senator McKoon’s office that they had sent my request to their General Counsel for processing the same day the request was sent. I repeat: I have received no communication from DDS.

While there may be other code sections involved, I cite what I believe is the relevant section of the Open Records Act:

OCGA 50-18-74 “(b) A prosecution under this Code section may only be commenced by issuance of a citation in the same manner as an arrest warrant for a peace officer pursuant to Code Section 17-4-40; such citation shall be personally served upon the accused. The defendant shall not be arrested prior to the time of trial, except that a defendant who fails to appear for arraignment or trial may thereafter be arrested pursuant to a bench warrant and required to post a bond for his or her future appearance. “

I request action from your office. Following this page, I attach copies of the electronic mail showing the date of request and the response fro DDS to Senator McKoon’s office.

Thank you, please contact me with any questions. I look forward to your reply.

Respectfully,
D.A. King

Marietta, Ga. 30066

____

Attached: (Original open records request)

11 January 2016

Dear Senator McKoon,

I am in hopes that your office will forward this open records request to the Georgia Department of Drivers Services on my behalf.
Thank you, D.A. King

To whom it may concern at DDS,

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

Please send me a copy of any document your office has that illustrates the front and back image of the official Georgia ID card your office regulates and issues to illegal aliens who have benefited from the federal deferred action on deportation, part of which is known as “DACA.”

In addition, please provide me a copy of the drivers license, front and back that your office issues to the same group.

Also, please provide me with a copy of documents your office has that demonstrate the total cost of application, testing, processing, production and issuance of an individual Georgia drivers licenses and Georgia ID cards.

I look forward to a productive response within the legal time frame.

Thank you,

D.A. King

Marietta, Ga.

____

(Response from Senator McKoon’s office to my question asking if request had been sent to DDS )

On Jan 19, 2016, at 11:20 AM, Nealey, Donna wrote:

Below are the strings of emails between DDS and I for the request.

Donna Nealey – Senate Legislative Assistant
Legislative Assistant to Senator Fran Millar – Chairman Senate Higher Education
Legislative Assistant to Senator Josh McKoon – Chairman Senate Judiciary

Georgia State Senate
18 Capitol Square – 319 CLOB
Coverdell Legislative Office Building
Atlanta, GA 30334
404-656-7872 – direct dial
770-315-4060 – cell number
404-657-3217 – fax number
donna.nealey@

From: Mitchell, Michael [mailto:mbmitchell@dds.ga.gov]
Sent: Monday, January 11, 2016 4:37 PM
To: Nealey, Donna
Subject: Re: request for assistance in obtain open records DDS

Got it. I’ve forwarded to our General Counsel for processing.

Mike Mitchell, Director
Legislative and Governmental Affairs

Georgia Department of Driver Services
2206 Eastview Parkway
Conyers, Georgia 30013

(678) 413-8413 | Office
(770) 359-3432 | Facsimile

On Jan 11, 2016, at 4:23 PM, Nealey, Donna > wrote:
Please see the email below from Mr. King. I am just forwarding what was
sent to our office.

Thanks.

Donna Nealey – Senate Legislative Assistant
Legislative Assistant to Senator Fran Millar – Chairman Senate Higher Education
Legislative Assistant to Senator Josh McKoon – Chairman Senate Judiciary

Georgia State Senate
18 Capitol Square – 319 CLOB
Coverdell Legislative Office Building
Atlanta, GA 30334
404-656-7872 – direct dial
770-315-4060 – cell number
404-657-3217 – fax number
donna.nea.

From: D.A. KING [mailto:DKing]
Sent: Monday, January 11, 2016 11:18 AM
To: Nealey, Donna; Josh McKoon
Cc: D.A. KING
Subject: request for assistance in obtain open records DDS

11 January 2016

Dear Senator McKoon,

I am in hopes that your office will forward this open records request to the Georgia Department of Drivers Services on my behalf.

Thank you, D.A. King

To whom it may concern at DDS,

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

Please send me a copy of any document your office has that illustrates the front and back image of the official Georgia ID card your office regulates and issues to illegal aliens who have benefited from the federal deferred action on deportation, part of which is known as “DACA.”

In addition, please provide me a copy of the drivers license, front and back that your office issues to the same group.

Also, please provide me with a copy of documents your office has that demonstrate the total cost of application, testing, processing, production and issuance of an individual Georgia drivers licenses and Georgia ID cards.

I look forward to a productive response within the legal time frame.

Thank you,

D.A. King

Marietta, Ga.