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Open records request Carroll County OCGA 13-10-91 *Updated with follow up, and response documents

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Updated.

The below open records request was sent Oct. 4, 2020 to Janet Hyde at Carroll County government.

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Ms. Hyde,

Please send me a copy of the Contractor’s Affidavit currently used (as of today’s date) by Carroll County as required by OCGA 13-10-91.
Please send me the same for the Subcontractor Affidavit and the Sub-subcontractor affidavit.
Thank you,
D.A. King
_______
Reminder sent Oct. 21, 2022:

Ms. Hyde,

I have not received any response to the open records request I sent on Oct. 4, 2022. I assume this is an oversight at your office.
Please send me the copies requested using the documents in place as of the Oct. 4? I there are/were no documents that fit my description and date, please reply with that message?
Thank you,
D.A. King
________

Response received October 21, 2022, along with an attachment that contained the two documents pasted below.

On Oct 21, 2022, at 12:24 PM, Janet Hyde <jhyde@carrollcount> wrote:
This was indeed an oversight.  I was out of the office the remainder of that week and overlooked it when I returned to the office.  The documents you requested are attached to this email.  You may also copy Taffeny Johnson, our office manager, at tjohnson@carrollcountyga. com for future open records requests.
Sincerely,
Janet Hyde, County Planner
Carroll County Community Development
423 College Street
Carrollton, GA 30117
(770)830-5861 Ext 2051
<image001.jpg>
NOTE: Zoning and variance cases are not guaranteed. A development discussion is not an assurance of issuance of a building permit, business license (OTC), or assurance of possible zoning change. The plan review process requires review and acceptance by multiple reviewers before approval.
_________
Follow up email from my office (I pasted in relevant text from OCGA 13-10-91 for clarity, not pasted here) – the response and copies of documents I received was not related to OCGA 13-10-91:

Ms. Hyde,

Please forgive me for a follow up email, but I want to be clear about my request. I am asking for the affidavit in use on Oct 4, 2022  by  Carroll County as required by OCGA 13-10-91. I have emphasized the relevant language in the law below. Please let me know if your response is intended to fit my request – I want to exclude any possibility of misunderstanding or error on my part.
Thank you,
D.A. King
________
Documents sent in response to my request:

 

Carroll Co. government in violation of state laws aimed at illegal immigration

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Carroll County officials ignored notice of violations from here for more than six months

Compliant and request for GBI action filed with Carroll Co. Sheriff

D.A. King

As readers may have heard, more than 2 million illegal aliens crossed the U.S. borders in the fiscal year (Oct. 1- Sept. 30); an estimated 3.5 million have crossed since President Biden took office. Because it is easy to get a job here illegally, Georgia is a very popular destination for illegal “migrants.” It cannot be said too many times: we host more illegals than Arizona.

The news from the southern border leads us to the below bit of local information you likely will not see on “the news.”

Despite more than six months of “heads up” notifications from here, as I write on September 29 and 30, Carroll County government is in violation of at least three longstanding state laws put in place to make Georgia a difficult place to live for illegal aliens – and for the employers who want to hire them. This is not a “maybe” – the responses to August open records requests sent to the county from my office clearly show that many Carroll County officials are in long term violation.

It does not require a law degree to understand what is going on in Carroll County – and our state.

Anyone involved in an honest effort to deter the organized crime of illegal immigration knows that the main driver of this ongoing catastrophe is illegal employment and the hope of the illegals to take advantage of the long list of taxpayer-funded public benefits available in the U.S. – including in Georgia. Absent fulfillment of the constitutional duty of the Washington Democrats who are running the Biden Regime’s open border scheme to increase the future far-left voter base, it falls to the states to create a hostile environment for the hordes of illegals who are being bussed around the nation – including to Georgia.

I have been involved in creating and passing legislation aimed at illegal immigration under the Gold Dome since 2005.

A massive bill (“The Georgia Security and Immigration Compliance Act” – SB 529) was passed in 2006 over the vocal objections of a long list of business interests and corporate-funded far-left anti-borders groups. The legislation began a process of making it more difficult for illegal aliens to access jobs, benefits, and services here.

The President of Mexico at the time opposed the bill too. “Implementation potentially effects human and civil rights of Mexicans who live in or visit Georgia” he said in a press release.

We note here that then State Senator Brian Kemp was the Chairman of the Senate Public Safety Committee that passed out SB 529. Kemp also voted “YEA” on final passage. He told Atlanta media in 2011 that many Georgians are “fed up” with illegal immigration. It’s a “burning issue” he said then. He doesn’t talk about illegal immigration in Georgia now. Neither do most state legislators.

After a ferocious fight with the same opponents, in 2011 another piece of legislation (“The Illegal Immigration Reform and Enforcement Act of 2011” – HB 87) went into law. It increased public safety while adding penalties for government officials who would refuse to comply with the laws aimed at preserving jobs, benefits and services for legal residents.

The goal was to make Georgia less hospitable to illegal immigration. Business licenses/ occupational tax licenses are public benefits under state law.

Georgia’s “Verification of Lawful Presence Within the United States” law requires that an applicant for public benefits swear on a notarized affidavit that he is either a U.S. citizen or a “lawfully present” and eligible foreign national. The applicant is required to present a “Secure and Verifiable” ID. The foreign national’s ‘lawful presence’ is then supposed to be verified using a federal database known as ‘SAVE.’ It is the responsibility of the government agency that issues these benefits to offer and collect these documents which have been standardized by law.

It is amazing how far outside the clearly written state statutes the Carrol County Board of Commissioners et al have been allowed to operate since the original effective date of July 1, 2012. The response to my open records request shows that department has likely illegally issued 4746 occupational tax licenses (business licenses) since then.

  • Related: Complaint and evidence sent to Carroll County Sheriff Terry Langley – Re: Carroll county government illegally administering public benefits

Like county officials, I have no idea how many of these mistakes served to welcome illegals to Carroll County. For readers with a curiosity for detail, the two laws in question here are OCGA 50-36-1 and OCGA 50-36-2.

Be warned up front that enforcement of these laws is not on the priority list of the people who run “the number one state for business.”

Related update: Additional information, Carroll County in violation of state public benefits laws

Gov. Brian Kemp

There are stiff penalties for violation

Government officials ignoring this law should know that offense is “a violation of the code of ethics for government service…and subject such agency head to…penalties…including removal from office and a fine not to exceed $10,000.00; and a…a high and aggravated misdemeanor offense where such agency head acts to willfully violate the provisions of this Code section…”

There is more:

Carrol County government is also in violation of the state law that requires private employers with ten or more employees to swear they are using the no-cost federal online work eligibility verification system called “E-Verify.” The goal of this law (OCGA 36-60-6) is to keep illegal aliens from working illegally in Georgia.

Another law, (OCGA 13-10-91) requires government agencies (“Public Employers) and most contractors paid with tax dollars to use the E-Verify system.

The state does not enforce these laws either. I challenge anyone, including Gov. Kemp, to present any example of prosecution in court of these hard-fought-for laws.

Solution: Fund the state enforcement tools already in the laws

These laws, hated by the people who profit from illegal immigration and intentionally ignored by state officials charged with enforcement, have wording that was put in place to make monitoring and prosecution seem certain in a then future version of Georgia. One that had money for investigation and enforcement.

  • An example from 2011: “Subject to available funding, the state auditor shall conduct annual compliance audits on a minimum of at least one-half of the reporting agencies and publish the results of such audits annually on the department’s website on or before September 30.”
  • And: “Subject to funding, the Department of Audits and Accounts shall annually conduct an audit of no fewer than 20 percent of such reporting agencies.”
  • More: “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 or may conduct such an audit upon reasonable grounds to suspect a violation of this subsection.”

None of the built-in audits or monitoring are being done. There has been no appropriation of funding. Not many legislators in today’s state Capitol are educated on any of this. Even fewer want to hear about it. That goes double for the “journalists” who decide what’s in “the news.” But the liberal Atlanta Journal Constitution ran a Sept. 24 headline that unintentionally tells us where to find funding for state level enforcement: “Georgia’s fiscal tax surplus hits $6.57 billion.”

Readers who have an interest in fewer illegal aliens migrating to Georgia should hound their state legislators and the governor on this until our illegal immigration laws are as enthusiastically enforced as seat belt, no smoking and touching cell phones-while-driving statutes.

 I have filed a complaint with the Carroll County Sheriff against the county officials who ignored repeated warnings on this and are operating an illegal occupational license issuing system. You can read much more on ImmigrationPoliticsGA.com – put “Carroll County” into the search bar.

  • Update: October 5, 2022. I had the above ready to post Sept. 30 but held it because of my space in the Carroll County Star News. I already had a Sept. 29 phone and email conversation with the County Attorney informing her that my patience was gone and that I was going to write this county caper up for her local paper (Star News) to see if we could finally create some interest. A little research today shows me that the Board of Commissioners canceled the scheduled Sept 29 work session and did not meet until the regularly scheduled time/date yesterday (Oct. 4). I see no mention of any of this in the agenda. I do see that some of the incorrect affidavits have been replaced on the county occupational tax page. But not all of them. They are still in violation. Sigh.

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Complaint sent to Carroll County Sheriff Terry Langley: Carroll County government illegally administering public benefits

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The below compliant was emailed to Carroll County Sheriff Terry Langley today about 1:00 PM.

* Update to compliant here.

3 October 2022

To:

Carroll County Sheriff Terry Langley

1000 Newnan Rd.

Carrollton, GA. 30116

770-830-5942

Re: Complaint and request for investigation – Carroll County government officials’ violations of OCGA 50-36-1, OCGA 50-36-2, OCGA 36-60-6

Dear Sheriff Langley,

Please regard this letter as my official request for an investigation by your office into my well-researched and educated allegation that multiple elected and appointed officials in Carroll County government are and have been knowingly violating various state laws intended to address illegal immigration in Georgia. Separately, I also request that you forward my complaint to the Georgia Bureau of Investigation for action.

Using open records requests and viewing the documents made available to the public on the official Carroll County website for the purpose of the administration of “occupational tax licenses” aka business licenses. By either or both labels these county registrations are “public benefits” under state law and are included in detailed and clear mandates for processing and issuance.

Early this year I determined that Carroll County government is operating an illegal system in that function of county government. After notifying a County Commissioner of the non-compliance by phone and later taking a call from a man who said he was county legaI employee, I saw no correction in the system several months later. I then emailed a “heads up” letter to the entire county commission and several other Carroll County officials. Days later I received a lengthy reply that included a pledge to have someone get in touch with me again. That reply was copied to the same officials to whom I sent my original letter. I am of the opinion that I have done all I can as a private citizen to urge compliance with the law on this matter.

The system of administrating public benefits is admittedly rather dry and boring but was put in place over the course of several years of committee hearings and vetting by the General Assembly and then signed into law by Georgia’s governor. Those of us who worked to create these laws like to think they will see as much enforcement as our no-smoking laws.

The system of applications, affidavits, ID presentation and processing for public benefits – including occupational tax/business licenses required by state is readily accessed by a careful reading of the laws. The system in place and the forms and affidavits used by Carroll County are available on the county website. I have taken a great deal of my own time to post all of this on my own website as well as the email correspondence I describe.

To assist the requested investigation by your office and the GBI, I insert below links to this evidence and I am emailing the August response to my open records request to you from Carroll County separately with the subject line “additional evidence, Carroll County government complaint.”

  • My emailed letter and response from a Carrol County commissioner (please note all recipients and note the timeline order is inverted) HERE.
  • Carroll County SAVE affidavit (OCGA 50-36-1 & OCGA 50-36-2) in use as compared to the legally required documents HERE.
  • Carroll County E-Verify affidavit (OCGA 36-60-6)as compared to the legally required documents HERE
  • My original open records request HERE.
  • Response from Carroll County to my follow up request for additional information HERE.

Again, please see my separate email for the response to my original open records request with attachments showing copies of forms and affidavits in use in Carroll County.

I do not envy the investigator charged with learning these laws or this system Please feel free to contact me with any questions or directions. I was heavily involved with the drafting and passage of all of these laws.

A personal note: My maternal grandfather was a Detroit Police Academy graduate, class of 1928 and served as a Detroit police officer for nearly thirty years. I admire and respect all that you and your deputies and staff do and am grateful for your service to the community.

Very Respectfully,

D.A. King

Marietta, GA. 30066

Illegal Aliens Who Apply for Asylum Are Still Illegal Aliens

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Center for Immigration Studies

Illegal Migrants Who Apply for Asylum Are Still Here Illegally

Parsing the nonsense on ‘Biden’s Border Fiasco

By Andrew R. Arthur on September 28, 2022
Andrew (Art) Arthur is a retired immigration judge

 

One of the tropes making its way through the media is that aliens who have entered the United States illegally and who have been placed into removal proceedings are in some sort of “legal” status. Like many media factualizations associated with immigration, it’s a myth. Nonetheless, I will parse the latest nonsense associated with what the editorial board at Bloomberg Opinion has termed “Biden’s Border Fiasco”.

The Said, and the Unsaid. In a September 25 opinion piece in the Los Angeles Times, columnist Michael Hiltzik stated:

GOP governors Ron DeSantis of Florida, Greg Abbott of Texas, and Doug Ducey of Arizona have been sponsoring bus and plane transfers of migrants from their states to northern jurisdictions including New York, Washington, D.C., and the island of Martha’s Vineyard, Mass.

The right-wing press has called the passengers “illegal immigrants,” but in many if not most cases they’re asylum-seekers who have completed the initial step in their processing by scheduling a hearing, getting fingerprinted, and undergoing background checks. While awaiting their hearings, they are in the U.S. legally.

Perhaps not trusting his own bona fides, three paragraphs later Hiltzik quoted an immigration attorney who asserted: “They’re not illegal aliens. … They’ve been processed, they’re in the system, they have upcoming court dates.”

There is a lot in both passage that is said, but much more that is unsaid, reflecting both the somewhat complicated nature of immigration law and the level of modern discourse.

The biggest unsaid is that “illegal immigrants” and “illegal aliens” aren’t legally defined terms. They’re shorthand to describe aliens who are removable from the United States, generally but not exclusively because they entered the United States illegally. I could correctly describe a nonimmigrant who has overstayed an authorized period of admission as an “illegal alien”, but in legal parlance would describe that individual as a “nonimmigrant overstay”.

Every alien who has entered the United States illegally is removable from the United States, at least until the moment that the alien is granted some sort of status here. To understand that point requires some background on the removal process.

Removability Based on Illegal Entry. Unless an alien apprehended by Border Patrol is allowed to voluntarily return back across the border, the alien should be issued a Form I-862 Notice to Appear (NTA). An NTA is the charging document in removal proceedings, which is similar to an indictment in a criminal case.

Aliens in removal proceedings are known as “respondents”, and blank Forms I-862 contain three boxes, one of which an immigration officer must first check to denote the respondent’s current status in the United States:

You are an arriving alien.

You are an alien present in the United States who has not been admitted or paroled.

You have been admitted to the United States, but are deportable for the reasons stated below.

Aliens who have entered the United States illegally and who are apprehended at entry are both “arriving aliens” and “applicants for admission” under section 235 of the Immigration and Nationality Act (INA), and at the time they are apprehended at least they have not been admitted or paroled —“parole” in this context is a concept I will explain further below.

After the immigration officer checks one of those boxes, the officer will then set forth on the NTA the allegations supporting the charges of inadmissibility. In the case of an illegal entrant, they generally read as follows:

  1. You are not a citizen or national of the United States.
  2. You are a native and citizen of Country X.
  3. You entered the United States at or near Location Y in the United States on or about Date Z.
  4. You were not then inspected or admitted.

Unlike criminal proceedings, where the government bears the burden of proving the defendant’s guilt, section 240(c)(2) of the INAprovides that applicants for admission — not DHS — bear the burden in removal proceedings to prove “clearly and beyond doubt” that they are “entitled to be admitted” and are not inadmissible under any of the grounds of inadmissibility in section 212(a) of the INA.   Read the entire post here at CIS.

 

 

Carroll County and the “SAVE affidavit” – Comparing the required version to the illegal Carroll Co. version currently in use

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In issuing public benefits Carrol County uses an illegal “SAVE affidavit” which omits the “Secure and Verifiable document” collection process as required by state law.

The state law (OCGA 50-36-1) aimed at preventing illegal aliens from accessing public benefits says applicants for those benefits must “execute a signed and sworn affidavit verifying the applicant’s lawful presence in the United States under federal immigration law; 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.”

Translation: If you want to receive a public benefit covered under this law (see here and scroll down top paragraph (4) for a list of those benefits), you must swear that you are either a U.S. citizens or are in the U.S.A legally. And agencies that administer these benefits are required to follow the law on applications and standardized forms. Even shorter: We are trying not to give these public benefits to illegal aliens and government officials are supposed to follow directions in the law. Part of that law dictates the exact format of these documents and forms, including the “SAVE affidavit.”

The affidavit required for use by state law in posted on the state auditor’s website.

The SAVE affidavit used by Carroll County is not the SAVE affidavit designed by the Dept. of Audits and Accounts – the State Auditor. And in Carroll County there is no requirement for foreigners to complete the affidavit for renewals…

The law also says agencies administering public benefits must require applicants to submit an ID document from a list created by the Attorney General’s office deemed to be “secure and verifiable.”

“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: provide at least one secure and verifiable document, as defined in Code Section 50-36-2, or a copy or facsimile of such document.”

Related post: Carroll County E-Verify affidavit(s) compared to the version from the AG office required by state law

This required ID verification process is not even mentioned on the Carroll County affidavit. It looks like Carrol County has simply skipped over the part of the law that says applicants must present “Secure and Verifiable ID” to access taxpayer-funded public benefits:

Missing from Carrol County’ free-form version of the affidavit is “The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A §50-36-1 (f) (1), with this affidavit.”

Below are images of both affidavits. The affidavit on top is the one required by law. The one under it is what Carrol County is using. I have links and screen shots.

 

 

 

 

Carroll County; Response to my follow up question on number of business licenses/occupational tax certificates issued since July 1, 2012 – it’s 4,746

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The below includes the note from Carroll County that obtaining this information cost me $124.00

“Issued“ includes every business, either new or renewed, from 2012 until now, but each business is counted only once.  So if a business was in business in 2012 and renewed every year since then, it would still only be counted once.  Our software limits us being able to tell how many renewals a business has had.  Each year, a renewal is counted as a new license (for that business) in our software so it is hard to differentiate between what is new and what is a renewal in our system.  I must mention, however, (and it is obvious from the numbers) that many home businesses start one year and go out of business and never renew.

Sincerely,

 

Janet Hyde, County Planner

Carroll County Community Development

423 College Street
Carrollton, GA 30117

(770)830-5861 Ext 2051

http://www.carrollcountyga.com/158/Community-Development-Department

” src=”blob:https://immigrationpoliticsga.com/e7c58852-1f9b-4232-83f4-cfbdd6968403″ alt=”Logo” border=”0″ class=”Apple-web-attachment Singleton” style=”width: 1.9479in; height: 1.4375in; opacity: 1;”>

NOTE: Zoning and variance cases are not guaranteed. A development discussion is not an assurance of issuance of a building permit, business license (OTC), or assurance of possible zoning change. The plan review process requires review and acceptance by multiple reviewers before approval.

From: D. A. King <dking1952@comcast.net>
Sent: Tuesday, August 9, 2022 4:30 PM
To: Janet Hyde <jhyde@carrollcountyga.com>
Subject: Re: Open Records Request

CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Thanks. Does “issued” include all renewals, pls? Will send check tomorrow.

dak

I support police.

All lives matter.

Sent from my iPhone

 

On Aug 9, 2022, at 3:59 PM, Janet Hyde <jhyde@carrollcountyga.com> wrote:

 

D.A. King,

I have attached the documents that you requested.  applications.  At this time, we have 1,119 active businesses.  The charge for this information is $124.  You may call the office and make a payment over the phone or send a check made out to “Carroll County Community Development.”  Please let me know if you need additional information.

 

Sincerely,

 

Janet Hyde, County Planner

Carroll County Community Development

423 College Street
Carrollton, GA 30117

(770)830-5861 Ext 2051

http://www.carrollcountyga.com/158/Community-Development-Department

Carroll County E-Verify affidavit(s) compared to the version from the AG office required by state law

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I have been trying to convince Carroll County (GA) government to comply with state law (2006, 2009, 2011) aimed at deterring illegal aliens from accessing public benefits (OCGA 50-36-1, OCGA 50-36-2 & OCGA 36-60-6) in Georgia since last winter. So far they are not taking it seriously. I have over 30 hours in my effort and have spent $124.00 on open records fulfillment charges. I note that this is job for law enforcement and that Gov. Kemp is the ultimate head of law enforcement in Georgia. There is much more coming. If you think this is a “small detail” try publicly violating the state laws on seat belts, cell phones while driving, vehicle registration – or income taxes.

Carroll County is just one of many counties and city governments and other agencies in violation of state law related to illegal immigration.

Related post: Carroll County and the “SAVE affidavit” – Comparing the required version to the illegal Carroll Co. version in currently in use

Top: The E-Verify affidavit form required by law as accessed on the Attorney General’s official website.

Below: Two versions of E-Verify affidavits in Carroll County – the first one is posted on the county website on the “Occupational Tax (Business license)” page and was also was sent to me in an August, 2022  Carroll County response to my open records request for copies of forms currently in use. The second (on the bottom) was accessed Sept. 28, 2022 on the county website here. I have dated screenshots of all of this.

Response to my April, 2022 email to Carroll County Board of Commissioners Re: OCGA 50-36-1 & OCGA 36-60-6 from Commissioner Clint Chance

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Good evening D.A.,

My apologies for writing so late this evening in response to your correspondence but I have been in all day budget meetings and then the normal catch up on emails, voicemails, etc following Easter.
I was somewhat perplexed after deciphering your email and feel maybe I should transcribe my memory on this topic to the best of my recollection to ensure we are all on the same page.  I remember you reaching out a couple of months back and you brought to my attention what you described as an unintentional violation of  State Law in Carroll County with regards to the application process for any and all matters relating to public assistance, namely inferring on the matter of national residency identification.  I remember being somewhat confused initially on exactly the specifics you were detailing in our phone conversation.  However, after an in-depth dialogue I responded through what I believed to be a rhetorical  question meant for clarity stating that you were essentially describing that our online application process was invalid for only requiring proof of citizenship or the admittance of Non-Citizen and/or Alien Status on the initial application process but not for renewals.  As I recall, you stated unequivocally that was exactly what you were referring to, that both initial applications AND ALL FUTURE renewals MUST require verification documentation relating to the afore-mentioned.
Understanding your specific purpose in alerting me on behalf of Carroll County, I initiated a phone conversation with a member of our legal counsel, Mr Avery Jackson and our Community Development Director, Mr Ben Skipper.  Both County representatives were very professional and astute in listening to what I was relaying on your behalf.  Mr Jackson stated he would be reaching out to you for further clarification, in which he did verify occurred along with specifics from your conversations.  Mr Skipper had a supervisor familiar with the application process and administrative upkeep within his department to contact me so that I could discuss the matter further in relaying your concerns.
I am happy to state that as your email headline identifies, I agree you were very respectful, friendly and did spend a considerable amount of time explaining the process of the error you believe Carroll County was in violation of initially.  However, there is some irony surrounding your comment hereto that, “laws are not suggestions.”  After Mr Jackson followed up with me on the matter he confirmed that you did in fact agree that the State Law cited does not require the fore-mentioned documentation be provided on renewals IF the original application proved the applicant was already an actual U.S. Citizen.  (Only if the original application proved the applicant to be a Non-Citizen and/or Alien would the necessary verification documentation be required for renewals). Mr Jackson further explained that you agreed to that general interpretation but that you additionally “suggested” that Carroll County mirror what some other Counties are doing which is requiring the verification process each and every time regardless of verification credentials at any given interval.  I would submit that you are hopefully able to decipher the irony of your email in the actual “law” as you related to me originally versus the portion of implementation enhancements that are merely, “suggestions”.
I would conclude that myself and Carroll County representatives have also been attentive, courteous and likewise spent a considerable amount of time researching the item at hand as well.
In closing, it’s my understanding that there may still be the need to tweak some language slightly on our application as it refers to State Statute but the original crux of what was brought to my attention may not exactly have been verbatim as you relayed it to me originally.
D.A., please know that I understand you are very well versed and respected in the field on all matters of Immigration and Illegal Immigration.  In addition, please know that I genuinely appreciate your watch-dog approach to these issues and I certainly commend you on the effort you place in helping to ensure the laws of this State are upheld.  As an elected official, I too personally take a vested interest in ensuring that Carroll County is compliant in all areas of law, most especially as it relates to any matters that involve illegal alien status and immigration in which you are a subject matter expert.
While I understand that Government generally never moves as fast as we would like, I hope you will also consider that short staffing, the need for research initiated internally and multiple department coordination efforts does not always allow for a rapid turn around time for completing such tasks.
Please note that my main issue with your email correspondence here is that from a layman’s evaluation you expressed about being helpful and considerate (which I agree) but that Carroll County could be viewed as recalcitrant and negligent in responding to your subject matter alert (which I would respectfully disagree).
Should you feel I have inaccurately described any of the preceding statements or context thereof please feel free to let me know.  Otherwise, please note I will have a member of the Carroll County Administrative team follow up with you on this matter as may the Madam Chair who runs day-to-day operations.  Since you copied members of the media on your original correspondence and referenced County representative interactions, I have copied Carroll County Communications Director, Ms Ashley Hulsey and legal counsel Mr Avery Jackson on this reply hereto.
With sincerest acknowledgement, I appreciate your interaction with professional knowledge on the benefits application process and please know that Carroll County will continue to explore and execute any exaction steps needed for full compliance.
Best,
Clint
Clint M. Chance

Commissioner – District 2
Carroll County Board of Commissioners
Office of the Commission – Historic Courthouse
323 Newnan Street
Carrollton, GA 30117
Office: (770) 830-5800
Cellular: (404) 313-4990

My April 2022 email to Carroll County, GA Board of Commissioners Re: Violations OCGA 36-60-6 & OCGA 50-36-1

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From: “D.A. King” <Dking***>

Subject: NEWS TIP -Despite multiple previous “heads up” notices, Carroll County government appears to be in violation of state E-Verify law and public benefit law designed to prevent benefits & jobs from going to illegal aliens while illegal immigration is at all time records levels – and during campaign season.
Date: April 14, 2022 at 3:06:08 PM EDT

On Apr 14, 2022, at 3:07 PM, D.A. King <Dking1952@comcast.net> wrote:

We have spent significant time in a respectful and friendly manner pointing out and explaining the below. Each time I have been told it is “news to us” and will be remedied.
 Which of these is not like the other? The laws are not suggestions.
D.A. King
404-
E-Verify:

Georgia E-Verify law for private employers: OCGA 36-60-6 requires use of a specific affidavit prescribed by the Attorney General’s office.

 
“(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.”
 
Here is the affidavit required by state law.
Here is the (renewal) affidavit used by Carroll County.
Note: There is a different affidavit (actually, two affidavits, apparently one for fewer than ten employees and another for more than ten employees) used for new applications  and has a date of “January 1, 2020″ in the top paragraph on number of workers. I am informed that the business license is renewed annually.
 
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Public benefits:
 
Georgia public benefits law OCGA 50-36-1 “VERIFICATION OF LAWFUL PRESENCE” (originally passed into law 2006, SB529) requires that applicants for public benefits (including occupational tax certificates/business licenses) complete an affidavit attesting to eligibility due to U.S. citizenship, “green card” status or qualified alien or nonimmigrant under federal law. The required affidavit format for use is here. 
 
The Carroll County occupational tax certificate / business license webpage does not provide the SAVE affidavit for renewals or require it to be collected on the link with forms used with “Application to renew occupational tax.” 
 
 
The below process is supposed to apply to every time a benefit is administered (including new and renewals). As I have explained at length to several officials in Carrol County government, the renewal procedure for business licenses does not include the requirement applicant submit the affidavit of secure and verifiable documents described below. NOTE: As highlighted below there is an exclusion in the renewal process for U.S. citizens who have already proven that status in the same issuing office. That does not exclude foreign nationals from the process at renewal.
 
 
 

(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.
(3) Documents and copies of documents required by this subsection may be submitted in person, by mail, or electronically, provided the submission complies with Chapter 12 of Title 10. Copies of documents submitted in person, by mail, or electronically shall satisfy the requirements of this Code section. For purposes of this paragraph, electronic submission shall include a submission via facsimile, Internet, electronic texting, or any other electronically assisted transmitted method approved by the agency or political subdivision.
(4) The requirements of this subsection shall not apply to any applicant applying for or renewing an application for a public benefit within the same agency or political subdivision if the applicant has previously complied with the requirements of this subsection by submission of a secure and verifiable document, as defined in Code Section 50-36-2, and a signed and sworn affidavit affirming that such applicant is a United States citizen.
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NOTE for all concerned:
(q) No employer, agency, or political subdivision shall be subject to lawsuit or liability arising from any act to comply with the requirements of this chapter; provided, however, that the 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.