We like page 45 and the topic that begins on line 25.

hearing-4-11-17-FULL

photo Cobb County Schools

September 20, 2017

Mr. King,

I am responding to your email received September 15, 2017 under the Georgia Open Records Act, O.C.G.A. § 50- 18-70 et. seq. Your original request is also included below.

Of those records that can be produced, the records first must be redacted of confidential information. See, O.C.G.A. § 50-18-72(b). Redaction may include the following:
· Portions of the documents contain personally identifiably student information pursuant to the Family Educational Rights and Privacy Act 20 U.S.C. § 1232g. (“FERPA”), as detailed in O.C.G.A. §50-18-72(a)(37).

There is a cost associated with the production of these records. The district charges for the production of records at the hourly salary of the lowest-paid full-time employee who has the necessary skill and training to search for, retrieve, copy, review, and redact the documents, less the first quarter hour. See O.C.G.A. § 50-18-71(c)(1). The labor time for the production of these records is estimated to be 333 hours. Therefore, the total cost to produce these records is estimated to be $11,045.61. Additionally, it will take approximately four to six (4-6) weeks to produce these records. (emphasis mine)

Pursuant to O.C.G.A. § 50-18-71(d), the district is providing you a cost estimate to produce these records and will defer retrieval of the records until such time as you pay in full the estimated cost of record production. Please let me know if you wish for the District to proceed. If no response is received within thirty (30) days, the District will consider the request withdrawn and the cost estimate null and void. You may respond by email to openrecords@cobbk12.org.

Thanks,

Kelly Moore
Open Records Clerk
Policy, Planning & Student Support
Cobb County School District
Phone 770-514-3870
Fax 678-594-7778
openrecords@cobbk12.org
cid:image001.png@01D2EAA1.ED3C1E20
This e-mail may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any unauthorized dissemination, distribution or copying of any information from this e-mail is strictly prohibited. If you receive this e-mail in error, please notify us immediately by collect telephone call at (770-514-3870) or electronic mail (e-mail).

Initial responses to open records requests and any applicable exemptions are based upon general knowledge of documentation types and the relationship of the requestor to the record(s). Noted exemptions may or may not be applicable to the records upon production. Additional exemption may also be identified upon the actual review of the records if they were not available at the time of the response. The final list of redactions that apply to any record produced will be identified in the final response in accordance with O.C.G.A. § 50-18-72(b). To the extent that the open records request is related to any pending litigation matters involving the school district, please be advised the Georgia Open Records Act, O.C.G.A. § 50-18-71(e), requires that you send a copy of your request to counsel for the school district: Gregory, Doyle, Calhoun & Rogers at 49 Atlanta Street, Marietta, GA 30066.

______

From: D.A. KING [mailto:]
Sent: Thursday, September 14, 2017 6:38 PM
To: OpenRecords <OpenRecords@ cobbk12.org>
Subject: Re: Open records request

Very sorry. You are correct. My oversight. Please send me copies from dates July 1, 2012 to 15 Sept., 2017.

dak
On Sep 14, 2017, at 5:00 PM, OpenRecords <OpenRecords@cobbk12.org> wrote:

Mr. King,

I am responding to your email submitted under the Georgia Open Records Act, O.C.G.A. § 50- 18-70 et. seq. Your request is included below.

In reviewing the responsive documents to your request, I realized that you did not specify a timeframe for which you are seeking this documentation. Also, I wanted to make sure that I have interpreted your request correctly.

To confirm your request, I have attached a sample set of documentation in which we believe to be responsive to the request below. Please review and confirm that these are documents you are seeking. Additionally, please confirm for which school years you would like to receive the documents. Once you have confirmed this information, we will be able to provide an accurate time and cost estimate for the full production of documents.

Thanks,

Kelly Moore
Open Records Clerk
Policy, Planning & Student Support
Cobb County School District
Phone 770-514-3870
Fax 678-594-7778
openrecords@cobbk12.org
<image001.png>
This e-mail may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any unauthorized dissemination, distribution or copying of any information from this e-mail is strictly prohibited. If you receive this e-mail in error, please notify us immediately by collect telephone call at (770-514-3870) or electronic mail (e-mail).

Initial responses to open records requests and any applicable exemptions are based upon general knowledge of documentation types and the relationship of the requestor to the record(s). Noted exemptions may or may not be applicable to the records upon production. Additional exemption may also be identified upon the actual review of the records if they were not available at the time of the response. The final list of redactions that apply to any record produced will be identified in the final response in accordance with O.C.G.A. § 50-18-72(b). To the extent that the open records request is related to any pending litigation matters involving the school district, please be advised the Georgia Open Records Act, O.C.G.A. § 50-18-71(e), requires that you send a copy of your request to counsel for the school district: Gregory, Doyle, Calhoun & Rogers at 49 Atlanta Street, Marietta, GA 30060.

From: D.A. KING [mailto:D]
Sent: Thursday, September 07, 2017 3:38 PM
To: Kelly Moore <Kelly.Moore @cobbk12.org>; OpenRecords <OpenRecords@cobbk12.org>
Subject: Open records request

On Sep 7, 2017, at 2:43 PM, Kelly Moore <Kelly.Moore@ cobbk12.org> wrote:

Mr. King,

In order to process your open records request, we will need you to submit it directly to openrecords@cobbk12.org as indicated on our website and in accordance with OCGA § 50-18-70 et al.

Thanks,

Kelly Moore
Open Records Clerk
Policy, Planning & Student Support
Cobb County School District
Phone 770-514-3870
Fax 678-594-7778

photo: DIS – added October 20 – 1:12 PM

Below are the contents of an email received from AJC immigration reporter Jeremy Redmon yesterday, October 18, 2017 at 3:43 PM along with my written responses to the questions he asked me for a coming AJC news item. I am sending Redmon a link to this post as my reply. *I don’t know how to attach the spreadsheet he sent but most of the complaints are posted on our badly out-dated website HERE.

Note: This is the same AJC immigration reporter who has blocked me on Twitter and who refers to Soros-funded radicals who protest and work to stop enforcement of American immigration laws as “civil rights activists.” I received this list of questions from the AJC later in the same day that I posted and distributed this revealing criticism of that struggling, liberal newspaper to which I subscribe.

—

From Jeremy Redmon

Subject: AJC reporting on HB87/Immigration Enforcement Review Board 

Greetings Mr. King,

I’m writing about the Immigration Enforcement Review Board and seeking comments from you for my article. Could you be available for a phone interview this week? My questions:

1. Since the board was created in 2011 it has received 20 complaints. All but one have come from you. (*See the attached spreadsheet I obtained from the board through the Open Records Act.) What do you think about this development?

Response: The IERB was a creation of the Association County Commissioners of Georgia and the Georgia Municipal Association’s lawyers and lobbyists in an attempt to insure that those group’s members were not sanctioned for violating state laws focused on immigration and protecting jobs, benefits and services from the crime of illegal immigration. There would be far more complaints if everyday Georgians understood the law or that that compliance with those laws is widely regarded as optional. Most Georgians have no idea the IERB even exists. Built into the board’s regulations is the ability to give any official or entity found to be in violation thirty days to correct those violations so as escape punishment. Common Georgia citizens should be so lucky as to have that privilege in their daily lives.

The General assembly should look into changing the constraints on the IERB – but because of a dedicated lack of media coverage, even many legislators are unaware of its existence. And ACCG/GMA has a very powerful lobbying presence under the Gold Dome, which ironically is funded with taxpayer money. Your readers may have an interest in the dues paid by their counties and municipal governments’ to ACCG/GMA which are then used to fund lobbyists who work  against illegal immigration bills in the Georgia Capitol.

2. Only one of the 20 complaints the board has received has resulted in a sanction: Atlanta paid the board a $1,000 fine in August. Two other complaints resulted in Atlanta and DeKalb County taking corrective action. Four complaints have either been dismissed or were withdrawn. Thirteen – most of them deal with access to adult education and date back to January and February of this year – are still pending. What’s your reaction to these results and the amount of time it is taking the board to resolve complaints?

Response: The Immigration Enforcement Review Board has a new chairman and I hope and expect that fact will produce more focused and timely hearings and action on valid complaints. Early in its history, the former IERB chair dismissed out-of-hand one valid complaint while saying the board lacked the resources or time to handle the volume of violations it contained. He could have easily been referred to as the “establishment’s firewall chairman.” In the past, I have been critical of the board’s operation, but applaud the majority of members who strive for timely service to the Georgia taxpayers and I am encouraged by recent changes. But there is *still a need for remedial legislative work on the entire process. (*I corrected ‘stipend’ here to “still a need” – 12:12 Oct 20)

A double-digit page complaint was dismissed when I was told six months after filing that the list of complaints against each agency on which I had clear evidence of violation taken from state records had to be filed separately. I lack the time and resources for doing the job of investigating and revealing all the violations of the state law that official law enforcement agencies are charged with enforcing on immigration related matters.

I once withdrew a complaint from the board after being told by the AG’s office that they would take no action while it was pending at the board. The withdrawal maneuver produced no action from the AG’s office that I was ever made aware of.

HB 87 explicitly states that the board’s action or lack of action has no effect on the AG’s office carrying out their enforcement duties. I will soon be filing separate complaints with enforcement agencies outside the IERB to be forwarded to the AG. It remains to be seen what will happen, if anything, to school districts that are providing adult education without any effort to obey state law in place to insure non-mandated tax dollars and public benefits do not go to illegal aliens.

3. You have been quoted as saying you helped write House Bill 87, which created the Immigration Enforcement Review Board:
https://patch.com/georgia/kennesaw/voices-cobbs-da-king-applauds-hb-87 Could you confirm what role you had with HB 87?

Response: The heart of HB 87 was the E-Verify component. It clearly needs to be improved, but that fact is is ignored by virtually all candidates for state office, including governor. I was proud to have been consulted when HB 87 was being drafted and to have been invited to testify as an expert witness several times in its committee process. The IERB is nothing close to what I would have asked for if I had that ability.

Although operating on a shoestring budget, in an effort to counter the daily falsehoods cranked out by the usual well-funded anti-enforcement suspects which included the Georgia and Metro Atlanta Chambers of Commerce, the Ag industry lobbyists and the corporate-funded ethnic hustlers like GALEO, the Dustin Inman Society provided a basic education to lawmakers and members of the public and press who asked for information and references to federal law. I have been told that educational input we provided was helpful on HB 87. We pray that it soon sees actual enforcement and that it helps prevent other families from going through the hell-on-Earth that the parents of Dustin Inman  have endured since 2000 when an illegal aliens killed their only child.

4. You are president of the Dustin Inman Society. The Southern Poverty Law Center has labeled the Dustin Inman Society a “nativist extremist group.” 
https://www.splcenter.org/fighting-hate/intelligence-report/2017/once-again-number-nativist-extremist-groups-falls
What is your response to the SPLC’s statement?

Response: Yes, and they also able Christian groups who advocate for biblical marriage as hate groups. The discredited and agenda-driven SPLC has millions stashed in tax-haven off-shore accounts and seen by many as a far-left, hate mongering gang of hucksters whose real business is fundraising and shutting down free speech. In many conservative’s opinion, including my own, the entire SPLC enterprise is no better than the morals of its co-founder, Morris Dees. On Dees and the SPLC, we agree with one of Dees’ former partners, celebrated anti-death penalty lawyer Millard Farmer. “He’s the Jim and Tammy Faye Bakker of the civil rights movement, though I don’t mean to malign Jim and Tammy Faye” said Farmer.

With the SPLC’s anti-enforcement agenda on immigration, along with the immigrant and minority members of the DIS board of advisors, I take any criticism from the SPLC as an indicator that our pro-enforcement efforts are having an effect. I understand that the hate spewed from the SPLC says much more about them than it does about our work on sustainable, reasonable and legal immigration. We also note that vindictive liberal newspapers often use the discredited SPLC when on a mission to smear stubborn political enemies and critics. And we note the AJC’s past supportive editorial position on open borders seems to match up with the SPLC agenda.

5. The Dustin Inman Society is soliciting donations through U.S. Inc.
http://www.thedustininmansociety.org/info/donate.html U.S. Inc was founded by John Tanton. The SPLC has called him the “racist architect of the modern anti-immigrant movement.” https://www.splcenter.org/fighting-hate/extremist-files/individual/john-tanton What’s your response to the SPLC’s statement?

6. How much in donations has the Dustin Inman Society received from U.S. Inc. in all?

7. How would you describe the Dustin Inman Society’s relationship with U.S. Inc. today?

Response to questions 5,6 and 7: For the SPLC, pretty much everyone who opposes their political agenda is attacked as “racists” or “haters.” That smear campaign isn’t fooling many thinking Americans. The sanity-in-immigration patriots at U.S. Inc. have been kind enough to sometimes act as an administrative assistant of sorts in a small part of our limited efforts at fundraising. Given the facts, most Americans do not regard traditional levels of immigration that benefits the USA as “anti-immigrant.”

With our meager revenue, in accordance with federal law, the Dustin Inman Society files the IRS “postcard” form 990–N.

In addition to liberal media outlets, in our pro-American educational efforts, we stand up against race-baiting, anti-enforcement immigration groups that are openly funded by corporations such as Cox Enterprises, Coca-Cola, Georgia Power and State Farm Insurance Company. This is in addition to the various open-borders organizations funding received from many well-heeled immigration lawyers.

Much of our Barbara Jordan-inspired work is aimed at protecting American workers by fighting against a repeat of the immigration amnesty of 1986 and promoting official English, which is counter to the agenda of these business interests and we are grateful for the administrative help from U.S. Inc. All contributions received by U.S. Inc. designated for DIS are forwarded, on behalf of the donor, as a service to our pro-enforcement Society.

To battle the powerful anti-borders forces, we depend on donations from the mainstream public, most of which come in small amounts. In case your readers have a desire to donate to our cause, donations can also be accepted at GoFundMe and Paypal.

I guess I would consider taking the time to research and total up our meager contributions sometime in the future. Maybe after the AJC provides us a report of their revenues and salaries of all employees. And the amount of employee time and AJC money spent to act as Chair organization for the 2004 Atlanta MALDEF fundraiser that DIS protested – a rally that was covered by CNN but not by the AJC.

8. Could you email me a copy of the Dustin Inman Society’s most recent 990 Form or point me to where I could fine it online? I can’t find anything more recent than your 2008 990.

Response: The 2016 Form 990-N is posted HERE.

Could you respond by Friday morning? Please email me or call me at 770-627-3491.

Thank you,

Jeremy Redmon
Reporter
The Atlanta Journal-Constitution
Office:770-627-3491
Fax:404-526-5746
jredmon@ajc.com
Twitter: @jeremylredmon
Facebook: @journalistjeremyredmon
Skype: jredmonajc
www.myajc.com/staff/jeremy-redmon/

My complaint was filed in August of 2016 – Atlanta eventually admitted to over 6000 violations of state immigration law. More on IERB HERE  

A reminder that the state law in question was created in 2006, modified in 2009, 2011 and 2013. Each time, the media here made it a big deal (enforcement of the law is bad for illegal aliens) – now that it is clear that compliance and enforcement are sad jokes, no big deal. The law allows much heavier fines and also allows the IERB to fine the department head and the mayor, instead of the taxpayers. The board voted against that. AJC news ADDED : July 24: HERE 

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

A unit of the Technical College System of Georgia

Michelle Siniard
Vice President of Administrative Services

Administrative Financial Services Division

80 Cohen Walker Drive

Warner Robins, GA 31088

P: (478) 218-3330

C: (478) 542-4617

Correction from CGTC received today:

My apologies, the exception is OCGA 50-18-72 (a)(1) and (37).

__

From: D.A. KING [mailto:Dking1952@comcast.net]
Sent: Thursday, July 6, 2017 3:49 PM
To: Siniard, Michelle <msiniard@centralgatech.edu>
Cc: Benjamin Vinson <ben.vinson@dentons.com>; James Balli <jballi@slhb-law.com>; Boyd Austin <boydaustin@dallas-ga.gov>; Mike Yeager <myeager@coweta.ga.us>; Shawn Hanley <shawnhanley@icloud.com>; Terry Clark <tdlfarms@yahoo.com>; Phil Kent <philkent@philkent.com>
Subject: Citation you sent – pls help me find those paragraphs? Re: Open Records Request – Adult Education – also, Ga law makes a clear difference between Adult Education and postsecondary education which is covered in FERPA

Ms. Siniard,
Thank you for your response. I will ask the Immigration Enforcement Review Board to subpoena the requested records. In the meantime, can you pls highlight the paragraphs you cite in OCGA 50-18-71? ( I paste the text of that law below)
I am familiar with reading Ga code, but cannot seem to find either paragraph. I am sure I am overlooking it.
Thanks.

D.A. King

Original request HERE 

XLS Attachment:  6.30.17 Copy of ESL for 2015 2016 and 2017

Note: The FERPA mentioned in the below letter seems to apply to children’s education and “post secondary education”. Not Adult Education. See it HERE.

And I need help finding the cited sections/paragraphs in OCGA 50-18-71 cited in the letter.

Sent today to IERB and the Georgia AG office:

To the members of the Immigration Enforcement Review Board and the AG office,

I am requesting that the IERB and or the AG office subpoena copies of SAVE affidavits and verifiable ID that should have been collected by Central Georgia Technical College for the Adult Education classes that school has conducted.
I also point out that in OCGA 50-36-1, Post Secondary Education and Adult Education are two different public benefits. The FERPA Act cited in the reply from CGTC seems to apply to children and post secondary education. Also, I cannot see the two paragraphs CGTC cites in OCGA 50-18-71.

I believe that the SAVE records should be provided for inspection as I requested, now that we are told they exist.

Thank you,

D.A. King

Please click on page to view six-page document.

photo: Georgia Southern University

MARKED “C” and “D” in my July 12, 2017 complaint to IERB and the Georgia AG office.

–> *ADDED – July 5, 2017 – Response from Georgia Southern:records Records

July 3, 2017 AT 2:19 PM

<records@georgiasouthern.edu>, “D.A. KING” <DKing1952@comcast.net>

Your recent Open Records inquiry has been processed. The University maintains no documents responsive to your request.

2017-06-28 11:08 GMT-04:00

D.A. KING <DKing1952@comcast.net>:
Office of Legal Affairs
Georgia Southern University
P.O. Box 8020
Statesboro, GA 30460
(912) 478-7481 (phone)
(912) 478-7488 (fax)

Fax: (912) 478-7488

______

June 28, 2017

Open records request

Georgia Southern University
Office of Legal Affairs
1005 Marvin Pittman Bldg.
P.O. Box 8020
Statesboro, GA 30460
records@georgiasouthern.edu
Phone: (912) 478-7481

Or to whom it may concern at Georgia Southern University:

Please regard this as my official request for public records.

Please send me copies of the eligibility affidavits collected from the adult education students who attended any English learners classes including the classes detailed in this example as required in OCGA 50-36-1. Also please send me copies of the secure and verifiable ID presented at application or registration that were collected from the adult education students.

“(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.

(2) The state auditor shall create affidavits for use under this subsection and shall keep a current version of such affidavits on the Department of Audits and Accounts’ official website.”

Please send copies with dates of January 1, 2015 – June 28, 2017. Please include classes conducted on all campuses and copies of student applications, registration forms and/or sign-in sheets.

Also, please send me a copy of the SAVE MOA between Georgia Southern University and USCIS also required in OCGA 50-36-1.

Please contact me with any questions.

Thank you,

D.A. King

Marietta, Ga. 30066

Photo: Macon.com

* Added 6 July, 2017: Response HERE

June 28, 2017

Open records request

To: Brown, Brenda
VP for Adult Education
(478) 218-3288
bbrown@centralgatech.edu
Or, whom it may concern at Central Georgia Technical College:

Please regard this as my official request for public records.

Please send me copies of the eligibility affidavits collected from the adult education students who attended the English learners classes detailed in this Macon Telegraph news report as required in OCGA 50-36-1. Also please send me copies of the secure and verifiable ID presented at application or registration that were collected from the adult education students.

“(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.

(2) The state auditor shall create affidavits for use under this subsection and shall keep a current version of such affidavits on the Department of Audits and Accounts’ official website.”

Please send copies with dates of January 1, 2015 – June 28, 2017. Please include classes conducted on all campuses and copies of student applications, registration forms and/or sign-in sheets.

Also, please send me a copy of the SAVE MOA between Central Georgia Technical College and USCIS also required in OCGA 50-36-1.

Please contact me with any questions.

Thank you,

D.A. King

Marietta, Ga. 30066

Photo: Georgia Governor Nathan Deal signs HB 87 into law, My, 2011

June 22, 2017

An open letter to Georgia’s Immigration Enforcement Review Board

Re; City of Atlanta refuses mulligan gift from unproductive IERB – request IERB members recommend abolishment of the board

“And Deal spokesman Brian Robinson said Deal intended his appointees to the board to take a hard line on immigration. “Gov. Deal signed this piece of legislation (HB 87) into law not so that it could be neutered and used as window dressing,” Robinson said. “This immigration law is meant to have teeth. We want it to be enforced.” – 2011

Dear members of the IERB,

After no little trouble on my part, nearly a year ago I filed a valid complaint against the City of Atlanta because they refused to protect public benefits according to state law which received much national news coverage when it was created in 2006 and international media attention the last time it was modified (2011).

OCGA 50-36-1 clearly requires all agencies that administer public benefits – including business licenses/occupational tax certificates – to follow simple and standardized procedures to help insure that applicants are eligible and are not illegal aliens. The City of Atlanta acknowledged their Business License office was not following the state law, but defiantly defended themselves by saying they were in compliance with their own city ordinance on the process.

The IERB made a unanimous decision that my complaint is accurate and that City of Atlanta was in violation and sent me this letter to that effect. The IERB “requested” that Atlanta take remedial action to correct the estimated six thousand violations that occurred over the course of five years.

While I awaited a meaningful sanction from the board on which you serve, apparently a procedural error was discovered which caused the entire hearing process on my complaint to be repeated from the beginning.

The original finding of violation had zero effect on the defense from the City of Atlanta in the second version of your proceedings. Their lawyer brought in the same witness to make the same Ground Hog Day claim: ‘we are in compliance with city law…and since state law doesn’t mention non-profit businesses, we think the law is ambiguous and difficult to obey or understand…’

I have received a second letter from the IERB with the same finding of violation and the same ‘request’ that Atlanta obey the law. We should all be so lucky in our own business and daily responsibilities under the law. “Window dressing” indeed.

I write today to make it clear that it is my assumption that the current delay in further IERB action and a meaningful punishment is intended to allow the City of Atlanta time to now begin compliance and escape any sanctions by simply stating they have stopped their violations. State law allows the IERB to impose punishments that will deter other agencies from future violations.

Having had similar experience with the IERB since its inception, I offer the request that if there is no intention of real use of authority in investigation of further violations or any real sanctions for clear violations of the law over which you have authority, the board members admit there is no reason for the board to exist and to explain that premise to the General Assembly and the people of Georgia.

The pervasive official attitude across the state is that 2011’s HB 87 and all laws aimed at the crime of illegal immigration can easily be treated as optional in Georgia. The IERB and so far, the Attorney General’s office have done nothing to change that perception. I am aware that state law allows the AG’s office to prosecute violations of the three laws over which the IERB has preview totally separately and in addition to whatever action the board takes – or does not take.

As you know, I have more than ten additional complaints pending with the board. I have little confidence in fair resolution. I am now beginning the process of seeking assistance for a remedy in the court system, where adjudication of violations of state law have a better chance of seeing real, wholehearted attention and justice. I am not going to ignore the board’s inaction despite the fact that the governor, the legislature and Atlanta’s media does exactly that.

While I am aware some board members sincerely strive for an equal application of the law, I hope that you will all make recommendations to the General Assembly to disband the IERB and allow a workable, enthusiastic justice system that actually uses investigative authority to take over.

I also note here that I have a great deal of trouble recalling more than one meeting or hearing since the board’s creation in 2011 that saw attendance by the entire board membership.

Including in the “watch-dog media,” to my experienced knowledge, I am the only person in Georgia who pays attention to compliance on the illegal immigration legislation passed by the General assembly and signed into law by Governor Deal or investigates obvious violations.

D.A. King
Marietta