Attachment to complaint                    #5                                                                              30 January 2017

Immigration Enforcement Review Board
Complaint against
Marietta City Schools Superintendent /Dr. Grant Rivera
and
Marietta City Schools / board members
Alan Levine, Jason Waters, Randy Weiner, Allison Gruehn, Jeriene Grimes, Irene Berens

Re; OCGA 13-10-91 and OCGA 50-36-1

Please regard this as my official complaint and request for action.

To protect jobs for eligible workers, state law put in place in 2006 requires all public employers to verify that all of their contractors sign a notarized affidavit swearing that the contractor is using the federal E-Verify system. The “Contractor Affidavit and Agreement” is standardized by law to avoid confusion and the official model affidavit form is posted on the official website of the office of the Georgia Department of Audits and Accounts.

On the affidavit, the contractor – paid with tax dollars – is required to enter their unique federal E-Verify user number and date of authorization to use E-Verify from the USCIS so that there is a reduced chance of falsely claiming E-Verify user authority to obtain public contract work.

Violations:
*The contractor affidavit contained in a public records response to me on another matter clearly shows that there is no entry for the E-Verify user number.

*The affidavit has no entry for the date of E-Verify user authorization.

*The affidavit has been illegally presented and accepted without the required notarization.

*Marietta schools illegally accepted the improper contractor affidavit and then at a cost to city taxpayers of $10,000, illegally hired LaAmistad Inc. to conduct Adult education classes on public property for Marietta Schools. I note that this is also a violation of OCGA 50-36-1, as Adult Education is a public benefit under state law and that law is clear on documents to verify eligibility of recipients of public benefits. Marietta Schools cannot produce these documents. If needed, I will file separate complaint on that violation.

*Marietta Schools is using an illegal affidavit, as the form they are using is not the official model.

* Marietta Schools is administering public benefits in violation of two stat elaws. I request the IERB use its power to reveal the number total violations and the exact start date.

I respectfully note that according to the Marietta City Schools website, “BOARD OF EDUCATION DUTIES Enact policies that guide the operation of the system; Adopt programs of study and evaluate program effectiveness.” It’s the first one listed.

Below, I attach a small section of OCGA 13-10-91. Please see also OCGA 50-36-1.

OCGA 13-10-91 “(9) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement in an affidavit submitted pursuant to this subsection shall be guilty of a violation of Code Section 16-10-20 and, upon conviction, shall be punished as provided in such Code section. Contractors, subcontractors, sub-subcontractors, and any person 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. A contractor, subcontractor, or sub-subcontractor that has been found by the Commissioner to have violated this subsection shall be listed by the Department of Labor on www.open.georgia.gov or other official website of the state with public information regarding such violation, including the identity of the violator, the nature of the contract, and the date of conviction. A public employee, contractor, subcontractor, or sub-subcontractor shall not be held civilly liable or criminally responsible for unknowingly or unintentionally accepting a bid from or contracting with a contractor, subcontractor, or sub-subcontractor acting in violation of this subsection. Any contractor, subcontractor, or sub-subcontractor found by the Commissioner to have violated this subsection shall, on a second or subsequent violations, be prohibited from bidding on or entering into any public contract for 12 months following the date of such finding.”

Respectfully submitted,

D.A. King

Marietta, Ga. 30066

January 27, 2017

“Messier, Laura” ,

To: “D.A. KING”

Yes, Ex Officios may vote

From: D.A. KING [mailto:DKi]
Sent: Thursday, January 26, 2017 5:44 PM
To: Messier, Laura
Subject: question, pls. Rule on Ex-officio committee members voting in committee

Hi, Laura

Sorry to bother you, but I am literally asking for a friend.

We can see Rule 2-3.2 on Ex-officio members of committees. To insure there is no confusion for people who do not study the senate:

Are E-officio members of the standing Rules Committee allowed by this rule to vote on matters at hand – like SR 24 that was heard on Monday, January 23, 2017?

Thank you for your constant patience.

D.A. King
Marietta

Official complaint                                                                                                                                                                                                     26 January 2017

Complaint against
Marietta City Schools Superintendent, Dr. Grant Rivera

and

Marietta City Schools board members
Alan Levine, Jason Waters, Randy Weiner, Allison Gruehn, Jeriene Grimes, Irene Berens

and

Cat (Catrina) Decosta Mcafee, Executive Director, and Shirley Anne Cruz, Assistant Director (signer for), LaAmistad Inc. and the leadership of LaAmistad listed on the corporate website.

Re; OCGA 13-10-91

Mr. Morgan,

Please regard this as my official complaint and request for action.

To protect jobs for eligible workers, state law put in place in 2006 requires all public employers to verify that all of their contractors sign a notarized affidavit swearing that the contractor is using the federal E-Verify system. The “Contractor Affidavit and Agreement” is standardized by law to avoid confusion and the official model affidavit form is posted on the official website of the office of the Georgia Department of Audits and Accounts.

On the affidavit, the contractor – paid with tax dollars – is required to enter their unique federal E-Verify user number and date of authorization to use E-Verify from the USCIS so that there is a reduced chance of falsely claiming E-Verify user authority to obtain public contract work.

Violations:
*The contractor affidavit contained in a public records response to me on another matter clearly shows that there is no entry for the E-Verify user number.

*The affidavit has no entry for the date of E-Verify user authorization.

*The affidavit has been illegally presented and accepted without the required notarization.

*Marietta schools illegally accepted the improper contractor affidavit and then at a cost to city taxpayers of $10,000, illegally hired LaAmistad Inc. to conduct Adult education classes on public property for Marietta Schools. I note that this is also a violation of OCGA 50-36-1, as Adult Education is a public benefit under state law and that law is clear on documents to verify eligibility of recipients of public benefits. Marietta Schools cannot produce these documents. If needed, I will file separate complaint on that violation.

*Marietta Schools is using an illegal affidavit, as the form they are using is not the official model.

*It is very possible, even likely that LaAmistad is not actually authorized to use the E-Verify system. That can be easily checked through USCIS. If so, the seriousness of my complaint greatly increases. Please see OCGA 16-10-20, false swearing.

I respectfully note that according to the Marietta City Schools website, “BOARD OF EDUCATION DUTIES Enact policies that guide the operation of the system; Adopt programs of study and evaluate program effectiveness.” It’s the first one listed.

I am grateful for your consideration on this matter and I hope you will take action and forward information as needed to the Commissioner of Labor, the Cobb District Attorney, the Georgia Attorney General or any other office you know to be relevant in defending the law put in place to safeguard jobs, benefits, services and the rule of law in Georgia.

Below, I attach a small section of OCGA 13-10-91. Please see also OCGA 13-10-91.

OCGA 13-10-91 “(9) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement in an affidavit submitted pursuant to this subsection shall be guilty of a violation of Code Section 16-10-20 and, upon conviction, shall be punished as provided in such Code section. Contractors, subcontractors, sub-subcontractors, and any person 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. A contractor, subcontractor, or sub-subcontractor that has been found by the Commissioner to have violated this subsection shall be listed by the Department of Labor on www.open.georgia.gov or other official website of the state with public information regarding such violation, including the identity of the violator, the nature of the contract, and the date of conviction. A public employee, contractor, subcontractor, or sub-subcontractor shall not be held civilly liable or criminally responsible for unknowingly or unintentionally accepting a bid from or contracting with a contractor, subcontractor, or sub-subcontractor acting in violation of this subsection. Any contractor, subcontractor, or sub-subcontractor found by the Commissioner to have violated this subsection shall, on a second or subsequent violations, be prohibited from bidding on or entering into any public contract for 12 months following the date of such finding.”

Respectfully submitted,

D.A. King

Marietta, Ga. 30066

Photo: Sen. Josh McKoon

Atlanta Journal Constitution

January 26, 2017

AJC Watchdog: Ga. Senate rejects more transparency on votes

Every citizen knows the baseline measure of political accountability is the vote.

How you vote says something about your values, priorities and perspectives on society. And how our elected officials vote says the same about them, which is why over the years voters have demanded a greater ability to track their leaders’ moves.

This week, the Senate Rules Committee declined to shed a little more sunshine on that process by voting down a proposal that would have made recorded votes on floor amendments more common. It’s a fine point of parliamentary procedure, but an important one to the conservative activists who packed a committee room Monday to show their support for Senate Resolution 24.

Under current rules, amendments to a bill offered from the Senate floor are voted on by a show of hands, rather than an electronically recorded vote. This happens all the time as important or controversial bills often attract amendments seeking to water them down or stiffen them up. Frequently senators try to attach their own bills that are stuck in committee to bills on the floor.

Senators vote on these amendments by raising their hands. The tally is announced, but how individual senators voted is not recorded.

The resolution, offered by Sen. Joshua McKoon, R-Columbus, would have forced a recorded vote if just one senator asked for it. Currently, it takes five Senators objecting to require a recorded vote.

The proposed change isn’t revolutionary. A partial survey of states around the country found that 19 state senates require fewer than five senators to trigger a roll call vote. Georgia would join Alaska, Hawaii, Iowa, Minnesota, Mississippi, Nebraska and Vermont as states where one senator could require a recorded vote, he said.

Opponents: rule change would lead to delays

But McKoon’s Republican colleagues were unmoved.

Majority Leader Bill Cowsert, R-Athens, said the rule change would “slow our process down,” since recorded votes take a full minute to tally. The current Senate rule already is more forgiving than the state constitution requires, he said.

Moreover, Cowsert said, voters already have a way to see how their senators vote, thanks to live internet streaming of the legislative session.

“We have such transparency,” he said. “We are videotaped and broadcast live, streamed live while the votes are occurring, and if you are curious how your representative or your senator may vote, watch the film.”

Video coverage of such votes is imprecise, at best. Hand votes are over in a few seconds, barely enough time for the chamber’s cameras to make a quick pass over the floor where senators are often out of their seats and sometimes in the distant background of such shots.

D.A. King, an advocate for tougher laws on immigrants and a regular annoyance for some at the Capitol, said he watches the unrecorded votes carefully.

“I count the hands. I’ve seen senators go under the gallery so you can’t see them vote,” he said.

Had Republicans been forced to make their votes public on floor amendments, King said a floor amendment in 2015 to prohibit undocumented immigrants from receiving driver’s licenses “would have passed with flying colors” because senators would not have wanted to return their districts otherwise.

While Republicans balked, McKoon and the conservative activists did have support on the committee. It came from the Democrats.

Minority Leader Steve Henson, D-Stone Mountain, said the the five-senator rule is hard to overcome because it often requires a break with party discipline. Senators fear reprisals from leadership when asking for a roll call vote on a controversial topic, he said.

“Why don’t we pass this, allow openness and fairness and allow people to see how people vote on amendments?” he said, drawing incongruent applause from conservatives in the audience.

Why cede ‘to people who … disagree with us?’

But Sen. Hunter Hill, R-Atlanta, said allowing a single senator to trigger a roll call vote would give Democrats a weapon they could use to block the passage of bills in the final hours of a legislative session.

“What this will do is allow the minority of the people in the Senate to drive the clock and drive the agenda,” Hill told McKoon. “If you and I agree that being Republican and conservative is a good thing, which I think we do, then why would we want to cede the process to people who … disagree with us?”

McKoon didn’t bite. First, Democrats — there are 18 in the Senate — already could slow the process by requiring an extra minute to vote on floor amendments, if that’s what they want.

“It would only take five of their caucus if they wanted to demand a roll call vote of every item. That certainly has not been my experience,” he said.

More to the point, McKoon said if leadership is worried that a minority of senators could use the rule to slow the legislative process, then they should not “funnel all of our legislative activity in the final two or three days.”

State Sen. Jeff Mullis, chair of the Senate Rules Committee, opposed the move to have more votes be recorded electronically, rather … Read More
‘They don’t care what the public desires’

The concern expressed about the precious time recorded votes could cost over a 40-day session did not sit well with activists who waited 45 minutes for Chairman Jeff Mullis, R-Chickamauga. to arrive and convene the meeting. You could feel the indignation rising as the minutes ticked by.

“These groups are such insular bodies, they don’t care what the public desires,” said Steve Brown, a Fayette County commissioner and tea party activist. “They make us sit here for 45 minutes for their meeting and then complain they don’t have enough time to do anything. And the chairman is sitting behind the door the entire time. I saw him when I came in.”

“It’s like living in a bizarro world,” added Cherokee County tea partier Jack Staver.

By the time Mullis loudly gaveled the meeting to order, many in the room were aching to speak. That’s probably why Mullis began by telling them they couldn’t.

“Since this is a Senate Rules resolution, we’ll take testimony only from senators regarding the Senate rules,” he said.

That’s part of what the debate is really about — the power of an established majority versus the shrill voice of a minorities from within and without seeking redress. Red meat Republican activists and Democrats both want to creep their ideas onto the public stage, but the GOP leadership sees no upside in that so the rule change went down in defeat.

For the rest of us, that means there will continue to be unrecorded votes with senators raising their hands just out of camera range. McKoon said he was not surprised by the vote. These things take time, he said.

“People out in the real world would never do business like we do business here,” he said. “This isn’t just me that is concerned about this. The public needs to see how this process works.”

As AJC Watchdog, I’ll be writing about public officials, good governance and the way your tax dollars are spent. Help me out. What needs exposing in your community? Contact me at cjoyner@ajc.com.  REPORT HERE.

Executive Order: Border Security and Immigration Enforcement Improvements
EXECUTIVE ORDER

– – – – – – –

BORDER SECURITY AND IMMIGRATION ENFORCEMENT IMPROVEMENTS

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (INA), the Secure Fence Act of 2006 (Public Law 109 367) (Secure Fence Act), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104 208 Div. C) (IIRIRA), and in order to ensure the safety and territorial integrity of the United States as well as to ensure that the Nation’s immigration laws are faithfully executed, I hereby order as follows:

Section 1. Purpose. Border security is critically important to the national security of the United States. Aliens who illegally enter the United States without inspection or admission present a significant threat to national security and public safety. Such aliens have not been identified or inspected by Federal immigration officers to determine their admissibility to the United States. The recent surge of illegal immigration at the southern border with Mexico has placed a significant strain on Federal resources and overwhelmed agencies charged with border security and immigration enforcement, as well as the local communities into which many of the aliens are placed.

Transnational criminal organizations operate sophisticated drug- and human-trafficking networks and smuggling operations on both sides of the southern border, contributing to a significant increase in violent crime and United States deaths from dangerous drugs. Among those who illegally enter are those who seek to harm Americans through acts of terror or criminal conduct. Continued illegal immigration presents a clear and present danger to the interests of the United States.

Federal immigration law both imposes the responsibility and provides the means for the Federal Government, in cooperation with border States, to secure the Nation’s southern border. Although Federal immigration law provides a robust framework for Federal-State partnership in enforcing our immigration laws and the Congress has authorized and provided appropriations to secure our borders the Federal Government has failed to discharge this basic sovereign responsibility. The purpose of this order is to direct executive departments and agencies (agencies) to deploy all lawful means to secure the Nation’s southern border, to prevent further illegal immigration into the United States, and to repatriate illegal aliens swiftly, consistently, and humanely.

Sec. 2. Policy. It is the policy of the executive branch to:

(a) secure the southern border of the United States through the immediate construction of a physical wall on the southern border, monitored and supported by adequate personnel so as to prevent illegal immigration, drug and human trafficking, and acts of terrorism;

(b) detain individuals apprehended on suspicion of violating Federal or State law, including Federal immigration law, pending further proceedings regarding those violations;

(c) expedite determinations of apprehended individuals’ claims of eligibility to remain in the United States;

(d) remove promptly those individuals whose legal claims to remain in the United States have been lawfully rejected, after any appropriate civil or criminal sanctions have been imposed; and

(e) cooperate fully with States and local law enforcement in enacting Federal-State partnerships to enforce Federal immigration priorities, as well as State monitoring and detention programs that are consistent with Federal law and do not undermine Federal immigration priorities.

Sec. 3. Definitions. (a) “Asylum officer” has the meaning given the term in section 235(b)(1)(E) of the INA (8 U.S.C. 1225(b)(1)).

(b) “Southern border” shall mean the contiguous land border between the United States and Mexico, including all points of entry.

(c) “Border States” shall mean the States of the United States immediately adjacent to the contiguous land border between the United States and Mexico.

(d) Except as otherwise noted, “the Secretary” shall refer to the Secretary of Homeland Security.

(e) “Wall” shall mean a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier.

(f) “Executive department” shall have the meaning given in section 101 of title 5, United States Code.

(g) “Regulations” shall mean any and all Federal rules, regulations, and directives lawfully promulgated by agencies.

(h) “Operational control” shall mean the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.

Sec. 4. Physical Security of the Southern Border of the United States. The Secretary shall immediately take the following steps to obtain complete operational control, as determined by the Secretary, of the southern border:

(a) In accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border;

(b) Identify and, to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of a physical wall along the southern border;

(c) Project and develop long-term funding requirements for the wall, including preparing Congressional budget requests for the current and upcoming fiscal years; and

(d) Produce a comprehensive study of the security of the southern border, to be completed within 180 days of this order, that shall include the current state of southern border security, all geophysical and topographical aspects of the southern border, the availability of Federal and State resources necessary to achieve complete operational control of the southern border, and a strategy to obtain and maintain complete operational control of the southern border.

Sec. 5. Detention Facilities. (a) The Secretary shall take all appropriate action and allocate all legally available resources to immediately construct, operate, control, or establish contracts to construct, operate, or control facilities to detain aliens at or near the land border with Mexico.

(b) The Secretary shall take all appropriate action and allocate all legally available resources to immediately assign asylum officers to immigration detention facilities for the purpose of accepting asylum referrals and conducting credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1225(b)(1)) and applicable regulations and reasonable fear determinations pursuant to applicable regulations.

(c) The Attorney General shall take all appropriate action and allocate all legally available resources to immediately assign immigration judges to immigration detention facilities operated or controlled by the Secretary, or operated or controlled pursuant to contract by the Secretary, for the purpose of conducting proceedings authorized under title 8, chapter 12, subchapter II, United States Code.

Sec. 6. Detention for Illegal Entry. The Secretary shall immediately take all appropriate actions to ensure the detention of aliens apprehended for violations of immigration law pending the outcome of their removal proceedings or their removal from the country to the extent permitted by law. The Secretary shall issue new policy guidance to all Department of Homeland Security personnel regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as “catch and release,” whereby aliens are routinely released in the United States shortly after their apprehension for violations of immigration law.

Sec. 7. Return to Territory. The Secretary shall take appropriate action, consistent with the requirements of section 1232 of title 8, United States Code, to ensure that aliens described in section 235(b)(2)(C) of the INA (8 U.S.C. 1225(b)(2)(C)) are returned to the territory from which they came pending a formal removal proceeding.

Sec. 8. Additional Border Patrol Agents. Subject to available appropriations, the Secretary, through the Commissioner of U.S. Customs and Border Protection, shall take all appropriate action to hire 5,000 additional Border Patrol agents, and all appropriate action to ensure that such agents enter on duty and are assigned to duty stations as soon as is practicable.

Sec. 9. Foreign Aid Reporting Requirements. The head of each executive department and agency shall identify and quantify all sources of direct and indirect Federal aid or assistance to the Government of Mexico on an annual basis over the past five years, including all bilateral and multilateral development aid, economic assistance, humanitarian aid, and military aid. Within 30 days of the date of this order, the head of each executive department and agency shall submit this information to the Secretary of State. Within 60 days of the date of this order, the Secretary shall submit to the President a consolidated report reflecting the levels of such aid and assistance that has been provided annually, over each of the past five years.

Sec. 10. Federal-State Agreements. It is the policy of the executive branch to empower State and local law enforcement agencies across the country to perform the functions of an immigration officer in the interior of the United States to the maximum extent permitted by law.

(a) In furtherance of this policy, the Secretary shall immediately take appropriate action to engage with the Governors of the States, as well as local officials, for the purpose of preparing to enter into agreements under section 287(g) of the INA (8 U.S.C. 1357(g)).

(b) To the extent permitted by law, and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary. Such authorization shall be in addition to, rather than in place of, Federal performance of these duties.

(c) To the extent permitted by law, the Secretary may structure each agreement under section 287(g) of the INA in the manner that provides the most effective model for enforcing Federal immigration laws and obtaining operational control over the border for that jurisdiction.

Sec. 11. Parole, Asylum, and Removal. It is the policy of the executive branch to end the abuse of parole and asylum provisions currently used to prevent the lawful removal of removable aliens.

(a) The Secretary shall immediately take all appropriate action to ensure that the parole and asylum provisions of Federal immigration law are not illegally exploited to prevent the removal of otherwise removable aliens.

(b) The Secretary shall take all appropriate action, including by promulgating any appropriate regulations, to ensure that asylum referrals and credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1125(b)(1)) and 8 CFR 208.30, and reasonable fear determinations pursuant to 8 CFR 208.31, are conducted in a manner consistent with the plain language of those provisions.

(c) Pursuant to section 235(b)(1)(A)(iii)(I) of the INA, the Secretary shall take appropriate action to apply, in his sole and unreviewable discretion, the provisions of section 235(b)(1)(A)(i) and (ii) of the INA to the aliens designated under section 235(b)(1)(A)(iii)(II).

(d) The Secretary shall take appropriate action to ensure that parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.

(e) The Secretary shall take appropriate action to require that all Department of Homeland Security personnel are properly trained on the proper application of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), to ensure that unaccompanied alien children are properly processed, receive appropriate care and placement while in the custody of the Department of Homeland Security, and, when appropriate, are safely repatriated in accordance with law.

Sec. 12. Authorization to Enter Federal Lands. The Secretary, in conjunction with the Secretary of the Interior and any other heads of agencies as necessary, shall take all appropriate action to:

(a) permit all officers and employees of the United States, as well as all State and local officers as authorized by the Secretary, to have access to all Federal lands as necessary and appropriate to implement this order; and

(b) enable those officers and employees of the United States, as well as all State and local officers as authorized by the Secretary, to perform such actions on Federal lands as the Secretary deems necessary and appropriate to implement this order.

Sec. 13. Priority Enforcement. The Attorney General shall take all appropriate steps to establish prosecution guidelines and allocate appropriate resources to ensure that Federal prosecutors accord a high priority to prosecutions of offenses having a nexus to the southern border.

Sec. 14. Government Transparency. The Secretary shall, on a monthly basis and in a publicly available way, report statistical data on aliens apprehended at or near the southern border using a uniform method of reporting by all Department of Homeland Security components, in a format that is easily understandable by the public.

Sec. 15. Reporting. Except as otherwise provided in this order, the Secretary, within 90 days of the date of this order, and the Attorney General, within 180 days, shall each submit to the President a report on the progress of the directives contained in this order.

Sec. 16. Hiring. The Office of Personnel Management shall take appropriate action as may be necessary to facilitate hiring personnel to implement this order.

Sec. 17. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
January 25, 2017.

GLYNN COUNTY SCHOOLS

IERB COMPLAINT Attachment to official complaint, 25 January, 2017                                                                            #4

Violation (s) of OCGA 50-36-1
Glynn County School System
Under Georgia law Public Benefits may only be administered to eligible applicants.

OCGA 50-36-1
“(f) (1) Except as provided in subsection (g) of this Code section, an agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to:

(A) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2, or a copy or facsimile of such document. Any document required by this subparagraph may be submitted by or on behalf of the applicant at any time within nine months prior to the date of application so long as the document remains valid through the licensing or approval period or such other period for which the applicant is applying to receive a public benefit; and

(B) Execute a signed and sworn affidavit verifying the applicant’s lawful presence in the United States under federal immigration law; provided, however, that if the applicant is younger than 18 years of age at the time of the application, he or she shall execute the affidavit required by this subparagraph within 30 days after his or her eighteenth birthday. Such affidavit shall affirm that:

(i) The applicant is a United States citizen or legal permanent resident 18 years of age or older; or

(ii) The applicant is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act, Title 8 U.S.C., 18 years of age or older lawfully present in the United States and provide the applicant’s alien number issued by the Department of Homeland Security or other federal immigration agency.

(2) The state auditor shall create affidavits for use under this subsection and shall keep a current version of such affidavits on the Department of Audits and Accounts’ official website.”

Adult education is listed in the law as a Public Benefit in Georgia law.

According to various printed information and solicitation from Glynn County Schools, including one HERE, the Glynn County School System has in place an ongoing program of adult education for parents of K-12 students.

I filed an open records request on January 18, 2017 ( HERE ) seeking the required affidavits and Secure ID documents that should be offered and collected from applicants for these adult education classes. I received a response on January 25, 2017, which I attach here:

“Mr. King,

The Glynn County School System does not offer Adult Education courses as referenced in your request. In compliance with federal guidelines, parents of enrolled students can attend classes designed to help them improve their English skills. The goal is to improve communication between the home and school and enable parents to effectively engage in their child’s education. As these classes do not meet the criteria of an Adult Education course, there is no documentation to provide regarding your request.

Sincerely,

***********************
Jim Weidhaas, APR
Public Relations Director
Glynn County Schools
P.O. Box 1677
Brunswick, GA 31521
(912) 280-1070
jweidhaas@glynn.k12.ga.us

A 1982 SCOTUS decision, Plyler v Doe established the policy that K-12 education must be provided to students regardless of immigration status. The position that educating adults in any public schools system with federal grant money administered by state and local governments is not “adult education” defies reason.

I note that federal law is clear on Public Benefits and is referenced in OCGA 50-36-1. The list of Georgia’s public benefits was taken directly from the U.S. DHS SAVE website for users. Georgia and its local governments have authority to use the SAVE system to verify immigration status for accessing public benefits. Including Adult Education.

The very purpose of OCGA 50-36-1 is to insure that tax dollars and public benefits do not go to ineligible recipients. It is no secret that because of their status as illegal aliens, many of the parents of K-12 students in Georgia, including Glynn County, are not eligible for most public benefits – including Adult Education – regardless of the reasoning behind providing such benefits.

In my educated opinion, the Glynn County School System is in violation of state law regulated by the IERB and – separately and additionally – by the Georgia Attorney General. Again.

Please begin the process of investigation and enforcement.

D.A. King
Marietta
I am a registered voter

Cobb County School District

25 January 2017

Open records request
Whitfield County Schools

Compliance with state Public Benefits law
Re; OCGA 50-36-1

Mr. Eric Beavers
Communications Specialist
Whitfield County Schools
P.O. Box 2167
Dalton, GA 30722-2167
communications@whitfield.k12.ga.us
Phone: (706) 217-6724

Mr. Beavers,

Please regard this as my official request for public records under Georgia’s open records law.

Please send me copies of any and all state required verification documents, including applications, affidavits and Secure and Verifiable ID associated with the calendar years 2015 and 2016 administration of the adult education for English language classes conducted by Whitfield County Schools, including the Adult English Class for ESOL Parents conducted at Varnell, Antioch, Pleasant Grove and Dug Gap schools.

Please also include any document that illustrates the original start date of these adult education classes.

Please contact me with any questions. I hope for an electronic response.

Thank you,

D.A. King

Marietta, Ga. 30066

• UPDATED January 26, 2017 

To: D.A. King

Re; OPEN RECORDS REQUEST       January 26, 2017  1:38 PM

“Dear Mr. King,

To the extent we understand the records you have described, the District has no records responsive to your request. To the extent that you seek records that may be related to the program that you reference those records would be exempt from production pursuant to O.C.G.A. section 50-18-72(a)(37).

2017-01-25 0:28 GMT-05:00 D.A. KING <DKing1952@comcast.net>:

—
Eric Beavers – Communications Specialist
Whitfield County Schools
w: (706) 217-6724 • c: (706) 980-7447”

Email from Anna Bello :

Good morning ****

I was told that you needed the times and places where I offer Adult English Class for ESOL Parents. The following is my schedule:

Monday = Varnell 9-11am
Tuesday = Antioch 8-10 am
Wednesday = Pleasant Grove 10-12 am
Friday = Dug Gap 12:30-2:30 pm

Please call me if you have any questions.
Thank you
Ana M. Bello
T III Parent Involvement Coordinator
Cell: 706-980-1702
ana.bello@wcsga.net