Image, Georgia Department of Transportation

COMPLAINT FILED WITH COBB COUNTY DISTRICT ATTORNEY, MR. PAT HEAD, AGAINST THE COMMISSIONER OF THE GEORGIA DEPARTMENT OF TRANSPORTATION (GDOT) WITH THE REQUEST THAT IT BE FORWARDED TO THE GBI AND/OR THE STATE ATTORNEY GENERAL (Added 6 September: See related compliant HERE)

(Georgia law says that a citizen cannot file a compliant with GBI or AG – it is a law that is enforced)

I hand delivered this about 10:30 this morning.

3 September 2010

Mr. Patrick H. Head, District Attorney
Cobb County, Georgia
10 East Park Square
Marietta, GA 30090
(770) 528-3080 Hand and electronically delivered

GDOT CONTRACTOR POLICY: VIOLATION OF PUBLIC WORKS LAW – OCGA 13-10-91

Mr. Head,

I write to request that your office forward the below complaint of multiple violations of Georgia law to the Georgia Bureau of Investigation for examination and/or to the Georgia Attorney General for prosecution.

I am aware that an ordinary citizen is prohibited by law from lodging a compliant with either office.

This is a complaint against and request for an investigation of the Commissioner of the Georgia Department of Transportation (GDOT) and his staff for clear and publicly admitted violations of OCGA 13-10-91.

The intent of this legislation was to protect and preserve public works jobs for eligible workers in Georgia and to encourage state and local government agency compliance with long-standing U.S. immigration and employment law. The law has been treated as ‘compliance optional’ by the good ole’ boys at GDOT.

The violations have cost American citizens – as well as real, legal, non-citizen immigrants – in Georgia not only jobs, but personal dignity. Because I am quite familiar with the consequences of illegal immigration and illegal employment, it is difficult to fully express my outrage at the current state of affairs at GDOT and the illegal, immoral and defiant method with which this official agency hires labor paid with tax dollars.

OCGA 13-10-91 clearly requires that when hiring contractors, all public employers – including GDOT – collect a sworn, notarized affidavit attesting to use of the no-cost federal employment verification system (currently known as ‘E-Verify’, formerly as ‘Basic Pilot’ and ‘EEV’) from prospective contractors before a bid may be considered.

Further, the law is clear that the aforementioned affidavit must reflect the federal E-verify ‘user number’ as well as the date of the agreement with the federal government authorizing use and a declaration that the contractor will continue to use the verification system throughout the contract period.

GDOT is in violation in that it has not only failed to use the correct affidavit or to collect the proper information but also is and has been processing bids without ever collecting an affidavit. GDOT is requiring contractors to submit an affidavit only after notifying the contractor of a successful bid on the millions of dollars worth of public works contracts it administrates.

To illustrate this fact, I submit one such affidavit attached to this letter from Bromell Manicured Lawns Inc; which will receive about $500,000 of taxpayer funds from a contract with GDOT. I also attach news reports and links to video in which the GDOT public spokesman has admitted the violations described above.

Additionally, attached is a screen print taken from a page on the official GDOT Website on 23 August, 2010 on which the policy of requiring “successful low bidders” for public works jobs to execute the mandated affidavit only after being awarded contracts is stated.

The law above was created in the Georgia Security and Immigration Compliance Act of 2006 with the intent of protecting jobs, discouraging use of illegal labor and to create a level playing field for honest public works contractors. Although opposed by powerful lobbying interests, legislation to clarify the law was passed in 2009 with considerable publicity and again in 2010.

As I am sure you know, on the state contractor level, E-Verify is used to verify newly hired employees only and cannot be used to check employees hired before authorization and a user number is assigned by the federal government.

One result of GDOT’s refusal to adhere to the rule of law by which we are all supposed to be governed is that any integrity-free contractor has only to hire his illegal laborers before he makes a bid to GDOT which can be based on a much lower wage level to be paid to illegal labor than to an American… or legal immigrant worker. Then, having won the contract administered by GDOT, the contractor can obtain E-Verify authority which would be needless… as he already has his work force.

Recent news reports have put the black-market replacement workforce above 6% in Georgia. GDOT has admitted to a local investigative reporter with CBS Atlanta TV that at least one of its contractors’ workers may have been in the USA in violation of our very liberal immigration laws.

Another result is the ongoing defiance and contempt for the law while we suffer about 10% unemployment. We will never know how many Americans were swindled out of a job or how many illegal aliens decided to remain in Georgia because of GDOT’s violations.

I realize there is no legislated penalty for any local government, official agency or department head for violation of this law. Nevertheless, I am determined to see an inquiry and public notice of its findings.

I believe I am well within my rights and responsibilities as a citizen to respectfully but firmly request this matter be checked by the proper enforcement authorities.

Please feel free to contact me with any questions or need for additional information.

Respectfully submitted,

D.A. King
American citizen

Marietta, Ga.

Please find attached:

A copy of an affidavit dated 16 June, 2010 from Bromell Manicured Lawns to GDOT. (click image to enlarge)

A copy of a screen print from the GDOT Website detailing that agency’s policy on submission of affidavits from “successful bidders.” (also HERE from the WAYBACK MACHINE)

A page of hyperlinks to CBS Atlanta TV Website pages containing at least four (as I write I anticipate an additional news story to appear) news stories on the matter. In at least one segment, the official spokesman for GDOT admits the violations.

Links (4) to CBS Atlanta TV reports on GDOT policy regarding public works laws VIDEO

GDOT Didn’t Know About The Illegal Immigrant Labor Law
GDOT Didn’t Know About The Illegal Immigrant Labor Law. GDOT spokesman David Spear admitted that his agency didn’t know it was violating a law that cracks down on hiring illegal immigrants until a CBS Atlanta…
Article: http://www.cbsatlanta.com/news/24675220/detail.html

Is GDOT Complying With Immigration Law?
Is GDOT Complying With Immigration Law?. A CBS Atlanta investigation is raising Tough Questions about whether the Georgia Department of Transportation is following a law designed to keep illegal immigrants…
Article: http://www.cbsatlanta.com/news/24788665/detail.html

GDOT: Worker May Have Been Illegal
GDOT: Worker May Have Been Illegal. The Georgia Department of Transportation said Wednesday that one of its subcontractors may have been in the country illegally. The admission came after a CBS Atlanta…
Article: http://www.cbsatlanta.com/news/24771803/detail.html

CBS Atlanta Asks If GDOT Contractor Is Hiring Illegal Workers
CBS Atlanta Asks If GDOT Contractor Is Hiring Illegal Workers. A Georgia Department of Transportation contractor who is earning hundreds of thousands of taxpayer dollars refused to reveal whether a deceased…
Article: http://www.cbsatlanta.com/news/24654353/detail.html

ADDED TO ONLINE VERSION 15 September 2010:

Federal Document Shows GDOT Contractor Lied On AffidavitFederal Document Shows GDOT Contractor Lied On Affidavit. A Department of Homeland Security document obtained exclusively by CBS Atlanta shows a Georgia Department of Transportation contractor lied on a…
Article: http://www.cbsatlanta.com/news/24940373/detail.html

ADDED TO ONLINE VERSION 18 September 2010

GDOT Admits Mistake For Breaking Immigration Law
GDOT Admits Mistake For Breaking Immigration Law. A Georgia Department of Transportation spokesman admitted Thursday that his agency made a mistake in failing to comply with a state immigration law. The…
Article: http://www.cbsatlanta.com/news/25042362/detail.html

O.C.G.A. § 13-10-91
Pages: 3

O.C.G.A. § 13-10-91

GEORGIA CODE
Copyright 2010 by The State of Georgia
All rights reserved.

*** Current through the 2010 Regular Session ***

TITLE 13. CONTRACTS
CHAPTER 10. CONTRACTS FOR PUBLIC WORKS
ARTICLE 3. SECURITY AND IMMIGRATION COMPLIANCE

Go to the Georgia Code Archive Directory

O.C.G.A. § 13-10-91 (2010)

§ 13-10-91. Verification of new employee eligibility; applicability; rules and regulations

(a) Every public employer, including, but not limited to, every municipality and county, shall register and participate in the federal work authorization program to verify employment eligibility of all newly hired employees. Upon federal authorization, a public employer shall permanently post the employer’s federally issued user identification number and date of authorization, as established by the agreement for authorization, on the employer’s website; provided, however, that if a local public employer does not maintain a website, the identification number and date of authorization shall be published annually in the official legal organ for the county. State departments, agencies, or instrumentalities may satisfy the requirement of this Code section by posting information required by this Code section on one website maintained and operated by the state.

(b) (1) No public employer shall enter into a contract pursuant to this chapter for the physical performance of services within this state unless the contractor registers and participates in the federal work authorization program to verify information of all newly hired employees or subcontractors. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor attesting to the following:

(A) The affiant has registered with and is authorized to use the federal work authorization program;

(B) The user identification number and date of authorization for the affiant; and

(C) The affiant is using and will continue to use the federal work authorization program throughout the contract period.

An affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for physical performance of services; provided, however, that any information protected from public disclosure by federal law or by Article 4 of Chapter 18 of Title 50 shall be redacted. Affidavits shall be maintained by the public employer for five years from the date of receipt.

(2) No contractor or subcontractor who enters a contract pursuant to this chapter with a public employer or a contractor of a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all newly hired employees. Any employee, contractor, or subcontractor of such contractor or subcontractor shall also be required to satisfy the requirements of this paragraph.

(3) Upon contracting with a new subcontractor, a contractor or subcontractor shall, as a condition of any contract or subcontract entered into pursuant to this chapter, provide a public employer with notice of the identity of any and all subsequent subcontractors hired or contracted by that contractor or subcontractor. Such notice shall be provided within five business days of entering into a contract or agreement for hire with any subcontractor. Such notice shall include an affidavit from each subsequent contractor attesting to the subcontractor’s name, address, user identification number, and date of authorization to use the federal work authorization program.

(4) Contingent upon appropriation or approval of necessary funding and in order to verify compliance with the provisions of this subsection, each year the Commissioner shall conduct no fewer than 100 random audits of public employers and contractors. The results of the audits shall be published on the www.open.georgia.gov website and on the Georgia Department of Labor’s website no later than December 31 of each year. The Georgia Department of Labor shall seek funding from the United States Secretary of Labor to the extent such funding is available.

(5) 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 and subcontractors 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.

(c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

(d) Except as provided in subsection (e) of this Code section, the Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the Georgia Department of Labor’s website.

(e) The commissioner of the Georgia Department of Transportation shall prescribe all forms and promulgate rules and regulations deemed necessary for the application of this Code section to any contract or agreement relating to public transportation and shall publish such rules and regulations on the Georgia Department of Transportation’s website.

(f) No employer or agency or political subdivision, as such term is defined in Code Section 50-36-1, shall be subject to lawsuit or liability arising from any act to comply with the requirements of this Code section.

HISTORY: Code 1981, § 13-10-91, enacted by Ga. L. 2006, p. 105, § 2/SB 529; Ga. L. 2009, p. 970, § 1/HB 2; Ga. L. 2010, p. 308, § 2.A/SB 447.