Roswell December 19 & 20, 2019.

Re: Open Records Request #CC2019-1118 is complete    (Note, I hope I corrected all typos here in email to Ms. Press)

Ms. Press,

Thank you very much for your quick response. I understand that the documents do not exist. And it is correct that the law was changed in SB 160 in 2013. But the collection of the essential information is still part of the law. The original application (8 January 2018) for an occupational tax certificate reflects that Super Mercado employed ten or less employees. But is also appears to have included an E-Verify user number, which is redacted.

It is true that an entire affidavit is not mandated by state law for renewals, but the law does require submission of either the E-Verify user number or assertion from the business owner that he is exempt from the requiremnt to register and use the federal E-Verify system in the renewal process. The goal of the law is the ability to insure exemption or continuous usage of E-Verify by comparison on the E-Verify user number from one year to the next. The documents sent to me do not show any information submitted from the business owner that reflects the E-Verify user number for the 2019 renewal – or the assertion that he is exempt from the E-Verify requirement due to number of employees as required by OCGA 36-60-6 (d) 2. FYI, some authorities collect the entire affidavit each year to insure compliance. The state law is the minimum required.

The 2019 occupational tax renewal form sent to me for Super Mercado Jalisco Inc #6 is blank except for the business name and address boxes. There is no entry – or designated space – for entry of the E-Veify user number or business owner’s assertion that he is still employing ten or less workers and is thereby exempt from the E-Verify requirement. I paste the relevant part ( (d) – 2) of the law below:

(d)
(1) Before any county or municipal corporation issues a business license, occupational tax certificate, or other document required to operate a business to any person, the person shall provide evidence that he or she is authorized to use the federal work authorization program or evidence that the provisions of this Code section do not apply. Evidence of such use shall be in the form of an affidavit as provided by the Attorney General in subsection (f) of this Code section attesting that he or she utilizes the federal work authorization program in accordance with federal regulations or that he or she employs fewer than 11 employees or otherwise does not fall within the requirements of this Code section. Whether an employer is exempt from using the federal work authorization program as required by this Code section shall be determined by the number of employees employed by such employer on January 1 of the year during which the affidavit is submitted. The affidavit shall include the employer’s federally assigned employment eligibility verification system user number and the date of authority for use. The requirements of this subsection shall be effective on January 1, 2012, as to employers with 500 or more employees, on July 1, 2012, as to employers with 100 or more employees but fewer than 500 employees, and on July 1, 2013, as to employers with more than ten employees but fewer than 100 employees.

(2) Upon satisfying the requirements of paragraph (1) of this subsection, for all subsequent renewals of a business license, occupation tax certificate, or other document, the person shall submit to the county or municipality his or her federal work authorization user number or assert that he or she is exempt from this requirement, provided that the federal work authorization user number provided for the renewal is the same federal work authorization user number as provided in the affidavit under paragraph (1) of this subsection. If the federal work authorization user number is different than the federal work authorization user number provided in the affidavit under paragraph (1) of this subsection, then the person shall be subject to the requirements of subsection (g) of this Code section.

Again, thank you for your quick response.

D.A. King
Cc: Melanie Foresburg

On Dec 19, 2019, at 10:13 AM, Marlee Press (Roswell, GA) wrote:

Mr. King:

Your open records request is complete. I sent your request back to the Business Registration office.

Here is the exact response from them – “The documents provided on the original request is all that we are required to collect. The affidavits are not needed to be collected annually per law; this change took effect in 2013. We have not received any additional documentation regarding change of ownership which would require us to collect new, updated affidavits.”

I did leave you a voicemail yesterday and mentioned that if you have any questions regarding business licensing, the renewal or the affidavits, please contact the Business Registration directly – BusinessRegistration@roswellgov.com or call directly to Melanie Forsberg in the Business Registration office at 770-641-3703.

Therefore, per the referenced documents in this request, no such records exist.

For questions related to open records, please contact us at cityclerkoffice@roswellgov.com.

Thank you,

Marlee Press, City Clerk
City of Roswell

__________________________________________________________________

Link to Public Records Request Tracking Portal: Request Number: CC2019-1118

Your Security Key

The request was forwarded to the appropriate departments but no records were found. : 705484