Image: Hall Co. Georgia website.

From Brandi Smith (Business License) August 27, 2020 12:14PM

Mr. King,

We only require an E-Verify number one time when any new application is made. During our renewal process, we only send out a bill to the business owner and they are not required to send their E-verify number again. I hope this helps.

Have a Blessed Day!

Brandi Smith
Hall County Business License
Licensing Specialist
2875 Browns Bridge Rd.
Gainesville, GA 30504
770-531-6815

From: Brittany Walker (Planning)
Sent: Thursday, August 27, 2020 11:52 AM
To: Brandi Smith (Business License)
Subject: FW: Restated and separate open records request. PD-ORR-8-18-2020-Vital Foods-D.A.King Hall County

Brandi,

I believe he wants all correspondence in writing. Would you like to email him?

Thank you,

Brittany Walker
Administrative Secretary
Planning and Development
Hall County Government
2875 Browns Bridge Road, Gainesville, GA 30504
770-531-6809 | www.hallcounty.org
cid:image001.jpg@01D593BA.777D7B10

https://www.hallcounty.org/FormCenter/Public-Information-57/Citizen-Comment-Card-133

From: D.A. King <>
Sent: Thursday, August 27, 2020 11:50 AM
To: Brittany Walker (Planning) ; Susan Rector (Business License)
Subject: Re: Restated and separate open records request. PD-ORR-8-18-2020-Vital Foods-D.A.King Hall County

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

My sincere apologies. I cited the wrong law on business license renewals. I meant the E-Verify law. OCGA 36-60-6. Please let me know if you need a new request.

Our communication will be via email (in writing).

I am asking for copies of the documents required in OCGA 36-60-6 (E-Verify) for applicants to submit and issuing agencies to collect for all annual renewals of business licenses from original issue ( I assume that was 2017 from your first response) to and including 2020 or the last year Vital Foods business license was renewed.

I copy the law below.

Thank you, and agin, my apologies for my confusing typo.
D.A. King

O.C.G.A. § 36-60-6

Copy Citation
Current through the 2019 Regular Session of the General Assembly and HB 276 and HB 444 of the 2020 Regular Session of the General Assembly
· GA – Official Code of Georgia Annotated
· TITLE 36. LOCAL GOVERNMENT
· PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS
· CHAPTER 60. GENERAL PROVISIONS

§ 36-60-6. Utilization of federal work authorization program; “employee” defined; issuance of license; evidence of state licensure; annual reporting; standardized form affidavit; violation; investigations
(a) Every private employer with more than ten employees shall register with and utilize the federal work authorization program, as defined by Code Section 13-10-90. 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.
(b) For purposes of this Code section, the term “employee” shall have the same meaning as set forth in subparagraph (A) of paragraph (1.1) of Code Section 48-13-5, provided that such person is also employed to work not less than 35 hours per week.
(c) Before any county or municipal corporation issues a business license, occupational tax certificate, or other document required to operate a business to any person engaged in a profession or business required to be licensed by the state under Title 43, the person shall provide evidence of such licensure to the appropriate agency of the county or municipal corporation that issues business licenses. No business license, occupational tax certificate, or other document required to operate a business shall be issued to any person subject to licensure under Title 43 without evidence of such licensure being presented.
(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.
(e) Counties and municipal corporations subject to the requirements of this Code section shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this Code section. Subject to funding, the Department of Audits and Accounts shall annually conduct an audit of no fewer than 20 percent of such reporting agencies.
(f) In order to assist private businesses and counties and municipal corporations in complying with the provisions of this Code section, the Attorney General shall provide a standardized form affidavit which shall be used as acceptable evidence demonstrating use of the federal employment eligibility verification system or that the provisions of subsection (b) of this Code section do not apply to the applicant. The form affidavit shall be posted by the Attorney General on the Department of Law’s official website no later than January 1, 2012.
(g) Once an applicant for a business license, occupational tax certificate, or other document required to operate a business has submitted an affidavit with a federally assigned employment eligibility verification system user number, he or she shall not be authorized to submit a renewal application using a new or different federally assigned employment eligibility verification system user number, unless accompanied by a sworn document explaining the reason such applicant obtained a new or different federally assigned employment eligibility verification system user number.
(h) Any person presenting false or misleading evidence of state licensure shall be guilty of a misdemeanor. Any government official or employee knowingly acting in violation of this Code section shall be guilty of a misdemeanor; provided, however, that any person who knowingly submits a false or misleading affidavit pursuant to this Code section shall be guilty of submitting a false document in violation of Code Section 16-10-20. It shall be a defense to a violation of this Code section that such person acted in good faith and made a reasonable attempt to comply with the requirements of this Code section.
(i) Documents required by this Code section may be submitted electronically, provided the submission complies with Chapter 12 of Title 10.
(j) The Attorney General shall be authorized to conduct an investigation and bring any criminal or civil action he or she deems necessary to ensure compliance with the provisions of this Code section. The Attorney General shall provide an employer who is found to have committed a good faith violation of this Code section 30 days to demonstrate to the Attorney General that such employer has come into compliance with this Code section. During the course of any investigation of violations of this Code section, the Attorney General shall also investigate potential violations of Code Section 16-9-121.1 by employees that may have led to violations of this Code section.

History

Code 1981, § 36-60-6, enacted by Ga. L. 1992, p. 1553, § 1; Ga. L. 2011, p. 794, § 12/HB 87; Ga. L. 2013, p. 111, § 4/SB 160.

I support the police.
All lives matter.

On Aug 27, 2020, at 11:18 AM, Brittany Walker (Planning) wrote:

Good Morning,

I spoke with Brandi from Business License regarding your request and she has some questions pertaining to your request. We are a little unclear about it. We want to get you what you need. She called and left you a message at 404-316-6712. If there is a better contact number please let me know.

Thank you,

Brittany Walker
Administrative Secretary
Planning and Development
Hall County Government
2875 Browns Bridge Road, Gainesville, GA 30504
770-531-6809 | www.hallcounty.org

https://www.hallcounty.org/FormCenter/Public-Information-57/Citizen-Comment-Card-133

From: D.A. King
Sent: Thursday, August 27, 2020 11:00 AM
To: Brittany Walker (Planning) ; Susan Rector (Business License)
Cc: Randy Travis ; Brad Stone Subject: Re: Restated and separate open records request. PD-ORR-8-18-2020-Vital Foods-D.A.King Hall County

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

To be clear. Again. I am making a second request for copies of the documents required under OCGA 50-36-1 for all annual renewal of business license since original issue. The original copies you sent are here and here.
D.A. King

I support the police.
All lives matter.

On Aug 27, 2020, at 9:56 AM, Brittany Walker (Planning) wrote:

Good Morning,

Business License had sent everything in the previous Open Records Request that they have regarding this business license that was requested. The application was included (there is no application each year to be submitted), the Citizenship form was included on the owner/office of the business, the driver’s license copy was included and as for the E-Verify affidavit, they only require a number to be submitted to our office upon submitting the application and that number was on the application that was submitted in the open records request. I attached the Business License documents again to this email.

Attached are the documents from Hall County Building Inspections.

This case is now closed.

Thank you,

Brittany Walker
Administrative Secretary
Planning and Development
Hall County Government
2875 Browns Bridge Road, Gainesville, GA 30504
770-531-6809 | www.hallcounty.org

https://www.hallcounty.org/FormCenter/Public-Information-57/Citizen-Comment-Card-133

From: D.A. King
Sent: Monday, August 24, 2020 1:40 PM
To: Brittany Walker (Planning)
Subject: Restated and separate open records request. PD-ORR-8-18-2020-Vital Foods-D.A.King Hall County

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Ms. Walker, (pls forgive the italics, my keyboard has gone crazy. Sorry)

As I did not word my original open records request clearly, please consider this a separate and additional open records request. I hope to see copies of the documents listed below from the first year Vital Foods LLC applied for and was issued a business license and the same docs from each year that license was renewed. I am assuming that 2017 was the first year of application, but if not, please send me the first year’s documents listed below.

Please send me copies of the business license application, E-Verify affidavit, verification of lawful presence affidavit and secure ID affidavit if applicable for original issue and for renewal of business license for Vital Foods.

I mailed the check to pay for the research on my first request last week.

Thank you,

D.A. King

I support the police.
All lives matter.

On Aug 21, 2020, at 4:11 PM, D.A. King wrote:

I support the police.
All lives matter.

Begin forwarded message:

From: “Brittany Walker (Planning)”
Subject: RE: PD-ORR-8-18-2020-Vital Foods-D.A.King
Date: August 19, 2020 at 3:28:44 PM EDT
To: “D.A. King”

Good Afternoon,

Attached are the documents from Hall County. I have also attached an invoice with instructions for payment.

This request is now closed.

O.C.G.A. § 50-18-72(a)(20) Social security numbers, mother’s birth name, credit card, debit card, bank account,
account or utility account passwords and numbers, financial data, insurance and
medical records, unlisted telephone numbers, personal e-mail address or cellular
telephone number, day and month of birth, and information regarding public utility,
television, internet, or telephone accounts held by private customers

Thank you,

Brittany Walker
Administrative Secretary
Planning and Development
Hall County Government
2875 Browns Bridge Road, Gainesville, GA 30504
770-531-6809 | www.hallcounty.org

From: D.A. King
Sent: Wednesday, August 19, 2020 10:39 AM
To: Brittany Walker (Planning)
Subject: Re: PD-ORR-8-18-2020-Vital Foods-D.A.King

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Yes, pls proceed.
dak

I support the police.
All lives matter.

On Aug 19, 2020, at 10:37 AM, Brittany Walker (Planning) wrote:

Good Morning,

The approximate cost to complete your request from Hall County Business License is $21.96. I am estimating 1 hour at $21.96 per hour. These documents can be sent to you in an email.

An invoice of the actual cost will be sent when the request is complete. It will take approximately 5 business days to get this information back to you assuming you would like to proceed.

Please let me know how you would like to proceed.

Thank you,

Brittany Walker
Administrative Secretary
Planning and Development
Hall County Government
2875 Browns Bridge Road, Gainesville, GA 30504
770-531-6809 | www.hallcounty.org

Image DIS

Dustin Inman Society friends and board members are very visible in pro-enforcement movement 

Angel Mom Mary Ann Mendoza

Photo Onenewsnow.com

Mary Ann Mendoza is a scheduled speaker at the Republican Convention tonight (Tuesday, August 25). Mary Ann is an Angel Mom and will be speaking on behalf of all American families that have lost loved ones to illegal immigration and honoring her son, Brandon, a police officer who was killed in 2014 by a drunk illegal alien.

Mary Ann can be seen here giving a preview of tonight’s convention speech.

We were extremely proud that Mary Ann traveled from her home in Arizona to be a featured speaker at the Dustin Inman Society’s immigration forum in Atlanta, “Honoring Immigrants: An Expert, Pro-Enforcement Discussion on Immigration” in Atlanta, February 7, 2020.

Former Acting ICE Director Tom Homan was our featured speaker. Atlanta media did not cover our event. Neither did the discredited SPLC.

Mary Ann gave a heartbreaking account of her son’s death and pointed out the national changes needed to save future deaths at the hands of illegal aliens and the fact that all illegal alien crime is preventable. Mary Ann has been a faithful friend and incredible help to Billy and Kathy Inman, Dustin Inman’s parents. Billy passed away in 2019. See “Who was Dustin Inman.”

Angel Mom Sabine Durden-Coulter

Photo: Twitter

We also note that one of our board members, Sabine Durden-Coulter, was a speaker at the 2016 Republican Convention that nominated Donald Trump for President. Sabine’s son, Dominic, was a 30-year-old sheriff’s office dispatcher, hit and killed by an illegal alien driver in 2012. Dominic was on his his motorcycle. Sabine is also an Angel Mom and offered her opinion on illegal immigration and American families and the Democrat convention that took lace last week on Fox News.

“They want to flood our country with illegals and non-citizens and us Americans, who paid into the system, we’re supposed to pay for that. That’s wrong, it can’t happen, and it won’t happen,” Durden-Coulter told “Fox & Friends First” last Friday.

“They are telling us that is more important to them and every American needs to wake up because what happened to myself and thousands of other Americans who suffered the same tragedy like myself they need to wake up,” Durden-Coulter said.

Georgia state Rep Vernon Jones

Vernon Jones (L), D.A. King at a 2007 DIS Atlanta rally against immigration amnesty.

We were overjoyed to see our old friend Georgia state Rep Vernon Jones give a rousing and moving speech at last night’s (Monday) GOP gathering. Rep Jones has been a friend of DIS since 2007 when he attended one of our Atlanta rallies against a repeat of the failed 1986 “one-time” amnesty for illegal aliens and illegal employers.

Rep Jones, a Democrat, was a leading co-sponsor of anti-sanctuary city legislation, HB1083, introduced in the Georgia General Assembly in the 2020 session. After a hard but successful fight against  the discredited and disgraced SPLC and the anti-borders GALEO, to see the bill pass out of committee, the Republican Speaker did not allow a floor vote of the lifesaving bill.

Additional photos of then-Commissioner Jones at our lunch-time pro-enforcement rally outside the offices of then-U.S. Senator Saxby Chambliss can be seen here (page 2). You can see and hear Rep Jones’ entire speech last night below.

 

Dustin Inman Society Board of Advisors
D.A. King (President)

Billy Inman (Deceased, 2019)

Kathy Inman

Inger Eberhart

Fred Elbel

Francisco Jorge

Lupe Moreno

Everett Robinson

John Litland

Maria Silvia Montoya

Mary Grabar

Catherine Davis

Maria Litland

Sabine Durden-Coulter

 

From: “Brittany Walker (Planning)” <bawalker@hallcou>

Subject: RE: PD-ORR-8-18-2020-Vital Foods-D.A.King

Date: August 19, 2020 at 3:28:44 PM EDT

To: “D.A. King” <Dking>

 

Good Afternoon,

 

Attached are the documents from Hall County. I have also attached an invoice with instructions for payment.

 

This request is now closed.

 

O.C.G.A. § 50-18-72(a)(20) Social security numbers, mother’s birth name, credit card, debit card, bank account,

account or utility account passwords and numbers, financial data, insurance and

medical records, unlisted telephone numbers, personal e-mail address or cellular

telephone number, day and month of birth, and information regarding public utility,

television, internet, or telephone accounts held by private customers

 

Thank you,

 

Brittany Walker

Administrative Secretary

Planning and Development

Hall County Government

2875 Browns Bridge Road, Gainesville, GA 30504

770-531-6809 |  www.hallcounty.org

Click to Open Document

Click to Open Document

Image GA DOL

The below open records request was sent via email on August 18, 2020 at 11:26 AM. The initial response is posted here.

_

Mr. Mitchell,

Please regard this email as my official request for copies of Georgia Department of Labor (GDOL) documents and records under state public records law.

I note that GDOL has an entry on its website (FAQs) informing readers that GDOL uses the Georgia Department of Drivers Services (DDS) to verify the lawful presence required by state law (OCGA 50-36-1) for aliens to qualify for public benefits.

“What is the Applicant Status Affidavit?

Georgia law requires that all applicants for UI benefits who are 18 years of age or older attest they are:

• a United States citizen, or
• a legal permanent resident, or
• a non-citizen legally present in the United States.

The GDOL performs electronic verification of your lawful presence in the United States with the Georgia Department of Driver Services (DDS). The DDS validates the identity of individuals who indicate they have a Georgia-issued driver’s license or identification card.”

State law (OCGA 50-36-1) passed in 2006 and amended in 2009, 2011, 2012, 2013 mandates that this verification process for lawful presence be done using the federal SAVE program operated by the United States Citizenship and Immigration Services (USCIS).

1) Please send me a copy of any authorization or replacement law that would alter the GDOL requirement for SAVE verification and/or change verification source to DDS – including bill number, year passed into law and code section.

2) Please send me copies of any and all GDOL documents, emails, memorandums or policy files that pertain to or mention GDOL requesting or discussing a change in state law regarding GDOL’s direct use of the SAVE program and transferring the lawful presence verification to DDS with a time frame of from 1 January 2013 to 15 August 2020.

3) Please send me a copy of any agreement, MOU/MOA between USCIS and GDOL authorizing GDOL to use the SAVE program including original agreement and all renewals from July 1, 2006 to 15 August, 2020.

4) Please send me a copy of any official agreement between GDOL and DDS pertaining to DDS being the source and authority of verification of lawful presence of non-citizen applicants who apply for public benefits at GDOL – including any email, memorandums or proposals for GDOL to use DDS to verify lawful presence of GDOL applicants for public benefits.

5) Please send me a copy of any document that may illustrate the most recent date of a GDOL query to the SAVE program for verification of lawful presence of an applicant for the public benefit of unemployment insurance or other public benefit administered by GDOL.

6) Please send me copies of any/all internal GDOL email or memorandums or policy discussions that mention ‘Permanent Residence Under Color of Law’ (PRUCOL) including GDOL policy on PRUCOL creating eligibility for lawful presence or unemployment insurance and any correspondence between GDOL and DDS pertaining to PRUCOL.

7) Please send me a copies of any document or electronic form that serves as a transmittal of information from GDOL to DDS of information gathered from GDOL collected applications for unemployment insurance benefits.

8) Please send me copies of any and all internal email, memorandums, policy statement or records or correspondence pertaining to or mentioning federal deferred action on deportation or the Obama-invented DACA program for illegal aliens with a time frame of 1 July, 2012 to 15 August, 2020.

9) Please send me copies of any emails, memorandums or inquiries that ask for information on GDOL administering and or issuing unemployment insurance benefits for illegal aliens who have DACA status or other deferred action on deportation status.

10) Please send me copies of any/all GDOL emails, memorandums or internal correspondence pertaining to or mentioning the March 6, 2019 Eleventh Circuit Court of Appeals finding that DACA recipients do not have lawful presence or legal status and are inadmissible and removable under the Immigration and Nationality Act (INA). For clarity, I link to that finding here.

11) Please send me any record or document that shows the response code received from the SAVE program to a query from GDOL on immigration status of an applicant with DACA status for unemployment insurance.

12) Please send any document, record, table or index that shows all possible responses and codes used by the SAVE program to answer GDOL queries on immigration status for applicants for public benefits including unemployment insurance benefits.

Please contact me at any time with questions on my request. Please expect this request to be one of several with a goal of gaining a clear and accurate understanding of GDOL policy and operations on administering public benefits/unemployment insurance.

Thank you for a timely reply. I look forward to your itemized estimate of research costs for my request.

Respectfully,

D.A. King

Marietta, GA.

A reply to questions on illegal aliens with DACA ability to qualify for a Georgia Weapons Carry License (WCL) from a Probate Judge in a Metro-Atlanta area county

“A person who is a non-immigrant alien – like someone who is here on some type of temporary status, be it for school or work – can qualify for Weapons Carry License provided they are in good standing with ICE and can show they meet one of the exceptions found at 18 U.S.C. §922(y)(2), one of which would be a person holding a valid hunting license. I’m not sure what a person who is a DACA recipient is categorized as, but if it’s a non-immigrant alien then I would assume they could receive a WCL (provided the exception is shown).”

And

“For us, it all depends on what information we are provided by ICE. When a person comes in to apply for a WCL and they are NOT a U.S. citizen (such as a permanent resident or a non-immigrant alien), we are required to run a check through ICE to determine that person’s status. If ICE says they are not here legally or they are subject to deportation proceedings, they are not issued a WCL because they are not able to possess or ship a weapon in interstate commerce and are, thus, prohibited from receiving a WCL pursuant to O.C.G.A. §16-11-129(b)(2)(E) . If ICE says they are a non-resident alien validly here, then we don’t issue them a WCL unless they show that they meet one of the exceptions under 18 U.S.C. §922(y)(2) – which would realistically only be a person possessing a valid hunting license. I don’t know how ICE categorizes DACA cases in terms of these searches – I only know the information they give me on whether their status is as far as ICE is concerned.

I should add that I look at every application of a person who is not a U.S. citizen and can say that, in my 11 + years as judge, I can count on one hand the number of non-resident aliens that have applied for and received a WCL. In fact, I think there have only been two – one guy from the UK and one guy from Italy. There may have been others who have applied but either did not qualify because ICE said they weren’t here legally or they did qualify but have never shown they have met one of the exceptions (such as providing a hunting license).”

Illegal aliens protest in Atlanta for in-state tuition in Georgia’s public universities. Photo: Education Writers Assoc.

The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

GUNS

 –

“Dreamer” Dreams of the Right to Own a Gun

Dream on, says a federal district court.

EUGENE VOLOKH |THE VOLOKH CONSPIRACY | 6.28.2018

Kevin Ugurit Fierro-Morales is being prosecuted for possessing a short-barreled shotgun, and for possessing a firearm while “being an alien” “illegally or unlawfully in the United States” (in violation of 18 U.S.C. § 922(g)(5)(A)). But when he was arrested, he was covered by the Defered Action for Childhood Arrivals program—should that lead him to be treated as lawfully present, and as entitled to Second Amendment rights? (Set aside the separate charge short-barreled shotgun charge for now.)

No and no, a federal district court in San Diego held Tuesday. First, DACA made clear that President Obama’s action didn’t itself confer legal status: “[T]he provisions of DACA promising to defer removal and to authorize work did not confer lawful immigration status or create ambiguity as to the prohibitions of § 922(g)(5)(A).”

Second, the Second Amendment applies only to the responsible and law-abiding, whether just “responsible, law-abiding citizens” or also responsible, law-abiding permanent residents or even responsible, law-abiding temporary visitors. (The court doesn’t decide on the rights of legal aliens.) Congress may ban “possession of firearms by an alien in the United States with no legal status,” and DACA recipients don’t have legal status. (I’m oversimplifying the court’s Second Amendment discussion a bit, but that’s the gist.) Here.

“In this case, the Court concludes that Defendant’s acceptance into DACA announced by the Department of Homeland Security did not alter his immigration status or materially impact the determination whether he is “illegally or unlawfully in the United States” pursuant to § 922(g)(5)(A).

As in Abramski, there is nothing suggesting that Congress intended to exclude aliens “illegally or unlawfully in the United States” accepted in the DACA Program from the statutory provision in § 922(g)(5)(A). See Latu, 479 F.3d at 1159 (“absent a statute preventing Latu’s removability upon the filing of his application for adjustment status, we can envision no interpretation that renders Latu’s presence anything other than ‘illegal[] or unlawful[].’”).

HERE.

photo; Kingman Daily Miner