IERB Attachment to complaint of 18 August, 2016 – City of Atlanta

I have reason to believe that the city of Atlanta is and has been in violation of OCGA 50-36-1 since 2013 by not verifying eligibility for the issuance and renewal of business licenses, which are public benefits in Georgia.

On July 25, 2016 I made a lawful request for public records from the City of Atlanta’s business license department for multiple affidavits from an Atlanta-operated business that are required to be collected before a business license is issued. The business entity in question is the Atlanta Historical Society, which operates the Atlanta History Center.

My request was for copies of the E-Verify and SAVE affidavits pertaining to Atlanta Historical Society business license renewal applications for the years 2013, 2014, 2015 and 2016 as well as other documents required by state law. Please see my original request via email and some of the various responses from the City of Atlanta representatives attached.

The SAVE affidavit requirement falls under the authority of the IERB as it is mandated in OCGA 50-36-1.

(5) “SAVE program” means the federal Systematic Alien Verification for Entitlements program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security for the same purpose.

(b) Except as provided in subsection (d) of this Code section or where exempted by federal law, every agency or political subdivision shall verify the lawful presence in the United States under federal immigration law of any applicant for public benefits.

As of today’s date, I have not received any of the requested copies of the documents in question, including the notarized SAVE affidavit. I suspect that the reason Atlanta officials have not forwarded the requested copies to me is that the original documents which are required by law do not exist.

To be clear: My complaint does not involve public records laws but only the requirement that all agencies that administer public benefits collect the SAVE affidavit before processing applications for or issuing such benefits, including business licenses.

Being that Atlanta city officials refuse to comply with my open records request, perhaps the IERB will consider use of its subpoena power to discover the existence – or absence – of the requested SAVE affidavit.

Because of past experience with the IERB, I feel obligated to add that I have little expectation of enthusiastic or effective oversight, investigation or meaningful sanctions if my suspicions of violation of state law were ever proven valid.

D.A. King – citizen
Marietta, Ga.
404-316-6712

Sent to City of Atlanta, Information Management (via email)

25 July, 2016

To whom it may concern,

Please consider this email my official request for public records as designated under Georgia’s Open Records Act.

Please send me copies of the following documents for the years 2013, 2014, 2015 and 2016 as filed by the Atlanta Historical Society
* Notarized E-Verify Affidavit

* Notarized SAVE Affidavit

* Copy of government issued ID filed by applicant

* Business license issued for Atlanta Historical Society

I am happy to pay any lawfully accessed copy fees, but would prefer an electronic response.

Please contact me with any questions. I look forward to your timely reply.

Thank you,

D.A. King
2984 Lowe Trail
Marietta, Ga. 30066
404-316-6712
__
Greetings,

We are in receipt of your email and evaluating your request. We will follow-up with you regarding our findings by Friday, August 11, 2016.

Thanks,

Lolita R. Ferrell, MBA | Management Analyst
City of Atlanta | Department of Finance | Office of the CFO
68 Mitchell Street SW, Suite 11100 | Atlanta, GA 30303
t: 404.330.6901 | m: 404.323.6273 | f: 404.589.2782
e: lrferrell@atlantaga.gov | w: www.atlantaga.gov
__

On Aug 12, 2016, at 1:34 PM, DOFBusinessOffice wrote:

Greetings,

Attached you will find the final response to your Open Records Request.

Thanks,
DOF Business Office Team

Department of Finance | Business Office
City of Atlanta | City Hall Tower | Office of the Chief Financial Officer
68 Mitchell Street SW, Suite 11100 | Atlanta, GA 30303
p: 404.330.6430 | e: dofbusinessoffice@atlantaga.gov | w: www.atlantaga.gov

From: D.A. KING [mailto:Dking1952@comcast.net] 
Sent: Friday, August 12, 2016 2:50 PM
To: DOFBusinessOffice
Cc: Phil Kent
Subject: Re: Open Records request

Ms. Ferrell,

Thank you for a response. However, this reply in no way matches the lawful open records request I made On July 25.
I am now working on the assumption that because you have not forwarded copies of the documents I have requested, they do not exist.

If the City of Atlanta has indeed issued and renewed a business license for the Atlanta Historical Society without soliciting and receiving the affidavits I requested, there is a serious violation of state law ( OCGA 50-36-1, OCGA 50-36-2 as examples) to be addressed in addition to the fact that the open records request saw no action in the three-day period clearly required by separate state law.

D.A. King

Cc;
Mr. Phil Kent, Publisher, Insider Advantage Georgia
Member, Georgia Immigration Enforcement Review Board