photo: Georgia Southern University

VIOLATION OCGA 50-36-1

(blank official compliant form HERE)

* Attachment to July 12, 2017 complaint – Jaimie Herbert & Amy Perry
Working at Georgia Southern University

As designated in OCGA 50-36-1, adult education is a public benefit and administration of all public benefits by official agencies requires verification of eligibility by applicants. This verification process entails the administering or providing agency to offer and collect a sworn affidavit of eligibility from the applicant as well as secure and verifiable ID.

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.

(k) It shall be unlawful for any agency or political subdivision to provide or administer any public benefit in violation of this Code section. Agencies and political subdivisions subject to the requirements of this subsection 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 subsection. Any agency or political subdivision failing to provide a report as required by this subsection shall not be entitled to any financial assistance, funds, or grants from the Department of Community Affairs.

Jaimie Herbert, as president of Georgia Southern University has apparently allowed Amy Perry as English language instructor to not only teach adult education classes in violation of state law but to solicit other public employees to send prospective adult students to the GSU adult education classes with the email assurance (marked “A”) that “it is open to all, regardless of level or visa status. Is there any way to share this with ESOL parents?”

To head off the sure-to-come argument that “there is no application for our adult education classes…” I attach a GSU continuing education, (“ESOL Lunch and Learn”) flyer (marked “B”) that I obtained using Georgia’s public records law making it clear that the adult education classes described here require registration, which should reasonably be considered application.

I also attach my open records request (marked “C”) and the short reply from GSU legal affairs stating that there are no affidavits or copies of secure and valid ID as required by state law (marked “D”) .

OCGA 50-36-1 also mandates an annual report proving compliance with the law. The law makes clear that failure of an agency head top comply is an offense.

(q)“…intentional and knowing failure of any agency head to abide by the provisions of this chapter shall:

(1) Be a violation of the code of ethics for government service established in Code Section 45-10-1 and subject such agency head to the penalties provided for in Code Section 45-10-28, including removal from office and a fine not to exceed $10,000.00; and

(2) Be a high and aggravated misdemeanor offense where such agency head acts to willfully violate the provisions of this Code section or acts so as to intentionally and deliberately interfere with the implementation of the requirements of this Code section.

The Attorney General shall have the authority to conduct a criminal and civil investigation of an alleged violation of this chapter by an agency or agency head and to bring a prosecution or civil action against an agency or agency head for all cases of violations under this chapter. In the event that an order is entered against an employer, the state shall be awarded attorney’s fees and expenses of litigation incurred in bringing such an action and investigating such violation.

I contend that either Georgia Southern president Jaimie Herbert has not submitted the required compliance reports for the years he has allowed illegal adult education classes to be conducted at GSU – or the reports submitted proving compliance contain false statements.

I respectfully insist that the failure to comply with state law here be treated as the violations they clearly are and that the IERB and the Attorney General’s office conduct parallel and simultaneous sanctioning procedures without delay.

D.A. King