Marietta Daily Journal

Cobb seeks fed probe of illegals

by Katy Ruth Camp
krcamp@mdjonline.
February 12, 2010

MARIETTA – Cobb Chairman Sam Olens has asked federal immigration officials to investigate whether anyone should be held criminally responsible for how illegal immigrants got work on the county’s new $63 million courthouse. And he insists that the county and its general contractor on the project, Turner Construction, followed the law – and could not legally do any more.

“We took action no one else has taken to make sure our contractors and subcontractors are following the law,” Olens said. “It is mind-boggling that we as the county could fully comply with this bill and yet illegal activity could still slip through and happen. Myself and the county absolutely did not know that any illegal activity was happening.”

Both Georgia and federal law require that companies and subcontractors doing work under a government contract verify that their employees are eligible to work in this country. But the laws do not require second-tier subcontractors, sometimes referred to as sub-subcontractors, be held to the same standard, and in fact do not allow the general contractor to check that status, Olens said.

“The county is thoroughly frustrated by this,” he said, and tempers flared Thursday morning when county executives and lawyers met with Turner representatives.

But the county apparently has no financial recourse against Turner, Olens said, because Turner did require its subcontractors to use the E-Verify database. Executives of New York-based Turner Construction responded to questions with a statement that they followed the law.

In response to questions, Turner issued this statement via a public relations manager: “Turner has complied with Georgia law with regard to the utilization of E-Verify on the Cobb County Superior Court project. … Turner was first notified on Wednesday morning of this week that Zebra’s sub-subcontractor, [Victor] Candelaria, had been terminated by Zebra due to the lack of utilization of the E-Verify program. Turner is actively investigating this incident to determine the appropriate action to take with regard to Zebra.”

But a lawyer for Zebra Construction said its sub-subcontractor and his approximate ten employees were “let go” on Friday, two full working days before Turner apparently learned of the termination.

Georgia Department of Labor spokesman Sam Hall said any unemployment insurance fines that could potentially be levied against a company would be sent to the employer that did not file taxes for the employees it was paying. This means those fines would be levied against Candelaria, as his company, which no one will disclaim the name of, was the last employer handing out pay for work and was entered into a independent contractor contract with Zebra and not an employer-employee contract.

Hall confirmed that an investigation has been ongoing since November into the matter of whether unemployment insurance fraud has been committed during the courthouse project.

Suwanee-based Zebra, which has a $3.8 million subcontract on the courthouse project, had hired Victor Candelaria, to manage the placement of concrete blocks at the courthouse.

“As soon as we found out that Candelaria was not registered with E-verify on Friday, his contract was terminated with the company and his employees were told to go home,” lawyer Victor Cerda said.

“Candelaria signed an affidavit with us saying he was registered with E-verify and would use E-verify, and if it was found that either of those was not true, his contract would be terminated,” Cerda said. “He no longer has a relationship with Zebra.”

Cerda did not know how much Zebra had paid Candelaria, whose workers had been on the jobsite since the project began last May. Candelaria has not been located for comment.

Cerda said the company has fully complied with the current Georgia and federal laws regarding illegal labor, and that it is illegal for a contractor to run E-verify on another contractor, even if that contractor will be doing work for the company. Therefore, Turner could not run E-verify on its subcontractors and Zebra could not run E-verify on Candelaria and his company. Cerda also said it is in violation of civil rights laws for a contractor or subcontractor to randomly approach a worker and ask for his or her proof of citizenship.

The company’s statement said: “We respectfully disagree with Chairman Olens’ inference that Zebra Construction violated Georgia law. Under the current Georgia law (SB 529), we complied by enrolling and using E-Verify for our employees as of July 1, 2008. As a subcontractor, Georgia law does not impose any additional legal or reporting requirements. While the Chairman may believe that perhaps the law should be improved in the future, this hope should in no way be translated to an actual violation of law as he insinuates.”

Zebra President Chip Kessler said Tuesday that Candelaria was not asked if he was enrolled in E-verify when he was hired, though Cerda said the affidavit Candelaria signed stating that he was registered and would comply with the E-verify regulations was sufficient proof for the company that he would be following the laws.

Said Olens: “Zebra has sent out a notice saying they did everything right, but when you’re not questioning someone you hire to make sure they’re also following the laws, you’re not doing everything right.”

HERE