Good evening D.A.,
looking for a better life • news and pro-enforcement opinion
By D.A. King
Good evening D.A.,
By D.A. King
From: “D.A. King” <Dking***>
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. King404-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.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.__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._______-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.
By D.A. King
“A lot of big companies, even outside the tech sector, are announcing the elimination of executive positions.”
The below is taken from today’s National Review “Morning Jolt” – Jim Geraghty.
On the menu today: Remember how, at the end of July, President Biden and his team insisted that two consecutive quarters of shrinking GDP didn’t mean the country was in a recession? Well, companies big and small are announcing layoffs more frequently these days, indicating that we’re in a period of not-so-subtle belt-tightening. Meanwhile, the projections for energy costs ahead of this coming winter are increasingly ominous, the decline in unleaded-gasoline prices has stopped, and a long-simmering national housing shortage may be catching up with us. But hey, apparently Biden intends to tout his economic record as the midterm elections approach.
The Quiet Recession
About two weeks ago, a smart friend of mine who works on supply-chain issues observed that, “Based on what I’m hearing throughout all the industries that I work with, this month’s job report might be brutal. People are getting skinny everywhere they can, so that they don’t lose their [butts]. Unfortunately, that means huge groups of people getting fired.” (“Getting skinny” means cutting operating costs.)
And, like everything else, once you start looking for something, you start seeing signs of it everywhere.
Meta — you know, Facebook — plans “to cut expenses by at least 10 percent in the coming months, in part through staff reductions.” Google is eyeing similar cuts, with CEO Sundar Pichai characterizing it as “being a bit more responsible through one of the toughest macroeconomic conditions underway in the past decade.” Twilio has announced plans to lay off 11 percent if its workforce, and Snap has announced plans to lay off 20 percent of its workforce.
A lot of big companies, even outside the tech sector, are announcing the elimination of executive positions. The Gap is eliminating 500 corporate jobs. Boeing has announced that it will eliminate about 150 positions in finance and accountingin October. Last month, Walmart announced that it would eliminate 200 corporate jobs.
FedEx is enacting a hiring freeze and closing more than 90 FedEx Office locations.
It’s not just big brand companies: It’s also an ice-cream plant in New York; it’s also a slew of hospitals nationwide. God help you if you work in real estate: “Some of the biggest players in the real estate industry, including RE/MAX, Redfin and Wells Fargo, have announced layoffs in recent months totaling thousands of jobs. Industry analysts are projecting the cuts could eventually be on par with what was seen during the housing crash of 2008.”
None of these individual company moves, by themselves, are likely to make a big difference in the national jobs numbers, and you can find companies announcing layoffs in any month. But cumulatively, these announcements suggest that we’re in a period of not-so-subtle belt-tightening. Businesses doesn’t know what to expect in the coming months, except higher costs to heat their facilities this winter. The stock markets are jittery. Sooner or later, those rising interest rates will reduce customer demand — which should reduce inflation, but will also lower sales, profits, and eventually, jobs.
Of course, in some people’s minds, the economy can’t be sputtering, because the guy they like is in the White House, and the party they prefer controls Congress. And the pressure to align an assessment of the economy with partisan needs is never stronger than in the final months and weeks before Election Day.
Last week, President Biden attended a Democratic National Committee event held at National Education Association headquarters — yet another sign of how those two organizations are now so symbiotic that they’re becoming indistinguishable — and took a victory lap about how well the economy is doing:
We passed the American Rescue Plan, which lifted this nation from economic crisis to economic recovery. And every single Republican voted for it. [Note: Biden meant every single Republican voted against it.] Nearly 10 million more jobs have been created since I’ve been President — the highest number of jobs in that period of time of any President of the United States of America. We have a 3.7 percent unemployment rate, the lowest in 50 — more than 50 years; a record number of new — record number of new small businesses created; and over 668,000 new manufacturing jobs in America.
The same day, White House press secretary Karine Jean-Pierre offered this remark:
This is one of the strongest job markets that we have seen on record. And, and so, what we are seeing – and I’ve said this before; you’ve heard this from Brian Deese — is a transition to a more steady and stable growth. And that’s what we’re currently seeing and in the process of moving the economy into.
That “steady and stable growth” she’s referring to is two consecutive quarters of declining GDP. The White House message is, “You’ve never had it so good.
By D.A. King
The below is reposted here from the St. Simons Island/Brunswick “The Islander” newspaper, Sept 19, 2022 edition
D.A. King
With the “Brian Kemp Track and Deport Plan,” then candidate for governor, Brian Kemp made a detailed 2018 promise to go after what he called “criminal illegals” in Georgia if he was elected. He went so far as to post detailed language of promised legislation on his campaign website that he said would create a public registry of the criminal aliens and end “sanctuary cities” in Georgia.
You can see an example of this pledge in a short video blurb from a May, 2018 Fox & Friends interview on the ImmigrationPolitcsGA.com website. There was no such legislation in Kemp’s first term.
* Related: 2018 candidate for GA governor Brian Kemp’s first TV campaign ad
In an October 2021 news report (“Kemp’s immigration policy could complicate bid for second term”), even the uber liberal Atlanta Journal Constitution took note of the Kemp’s betrayal with “Gov. Brian Kemp promised to enact sweeping crackdowns on illegal immigration on the 2018 campaign trail, boasting that he would “round up criminal illegals” himself as he pledged to “track and immediately deport” unauthorized immigrants with criminal records. Those unfulfilled vows now complicate Kemp’s campaign for a second term.” Indeed.
This writer is brilliantly aware of the fact that pointing out Gov Brian Kemp’s defiance on the many 2018 campaign promises he made regarding “undocumented workers” makes Republican voters uncomfortable. I have been told more than once to remain silent on the matter lest too many GOP voters remember too much from four years ago. I can’t count the times I have heard various versions of “we don’t want Stacey to win, D.A. – lay off Kemp until after the election!”
No.
For the record, I watched Stacey Abrams in the state legislature up close for many years and certainly don’t want her to be governor either. But the fact is that the “criminal illegals” Brian Kemp ran on in 2018 are still killing, raping, and molesting innocents in Georgia while he remains silent and boasts of Georgia being “number one for business.”
Other pro-enforcement Americans have taken note of Kemp’s “big truck trick.”
Tom Homan, former acting director of U.S. Immigration and Customs Enforcement (ICE) in the Trump administration, on Fox News in February, 2020: ”I’m in Georgia today, I’m giving a speech in Atlanta. Governor Kemp, who ran on tough immigration enforcement, now he’s in office, he’s missing in action. Sanctuary jurisdictions are growing in Georgia. So, you know, again, it’s the politicians who aren’t living up to their word.” Homan was in Georgia to be the keynote speaker at a forum on immigration this writer organized.
Closer to home for The Islander readers, we point out a letter to the editor published in the Brunswick News in March which read in part “by order of the powerful special interests that profit from black-market labor, the entire topic of the organized crime of illegal immigration has been carefully set aside here in the Peach State where we host more illegals than Arizona” wrote Mr. Robert Trent.
A resident of St. Mary’s, Trent is a proud former immigration enforcement officer and former Border Patrol agent. Now retired, his final assignment was serving as the as Assistant Director, Enforcement Training, at the Federal Law Enforcement Training Center in Glynn County.
“I am one of the many pro-enforcement voters who can remember all the way back to 2018 when then candidate for Governor Brian Kemp made a long list of promises concerning “criminal illegals,” his “big truck” and detailed legislation aimed at sanctuary cities and counties in Georgia. I am also old enough to see his arrogant refusal to so much as mention those promises since then” wrote Mr. Trent.
Solution
The solution to the Kemp betrayal on illegal immigration in Georgia does not involve ignoring it. In politics, silence is consent. Georgia Republicans should join Tom Homan and Bob Trent in making their voices heard by 2022 candidate for governor Brian Kemp about illegal immigration in Georgia.
I’ll wash your car if you call his Capitol office in Atlanta and speak up. The phone number is 404-656-1776.
#
By D.A. King
For Islander readers: Spoiler: He never even mentioned his campaign promises on “criminal illegals” after he was elected.
“This ad is drawing attention to my commitment to keeping our families safe” –@BrianKempGA defends his politically incorrect ad pic.twitter.com/XIMN06sGhF
— FOX & friends (@foxandfriends) May 12, 2018
By D.A. King
There they go again. Today’s AJC “Jolt” run by editor Patricia Murphy leaps of the screen with a headline telling readers about “outrage after GOP warns Stacey Abrams is crossing ‘border’ for visit.” As you can see below the Patricia Murphy scare takes us back to 1912 – when the Democrats ran Georgia and Forsyth County. She failed to mention that in today’s race baiting “racial cleansing” plug for the 2018 runner-up for Georgia governor. So we did.
Top storyline on today’s “The Jolt” –
“Democrats are venturing deep into Republican-friendly territory they might have once avoided. And in Forsyth County, local Republicans aren’t reacting kindly to that prospect.
After the Forsyth County Democratic Committee announced plans to welcome Stacey Abrams to a Sunday night barbecue dinner, the local GOP announced plans for protests with loaded language.
“This is a call to save and protect our neighborhoods, our communities and our county! The moment is at hand,” said a Forsyth County GOP flyer. “The designers of destructive radicalism and socialism are crossing over our county border and into Cumming this Sunday.”
Melissa Clink, who chairs the local Democratic party, blasted the “dangerous and embarrassing rhetoric” from their GOP counterparts and singled out the line noting Abrams is “crossing our border.”
“Forsyth County’s history of racial cleansing and being a documented sundown town make this line especially incendiary, disgusting and shameful.”
She’s referring to the racial cleansing in 1912 that forced the Black population of roughly 1,100 to flee Forsyth County.
Clink added: “You will not silence us. If anything, your actions will make us louder.”
We reached out to the Forsyth GOP but didn’t hear back.”
________
By D.A. King
We will save this post until January, 2023 when the GA legislature begins session
Breitbart News and several other outlets ran a story “Stacey Abrams: Illegal Migrants Should Get Cheap College Slots” last week on the fact that Georgia gubernatorial candidate Stacey Abrams has advanced the “we want instate tuition for illegal aliens in public colleges” campaign ploy for the “progressive” voters.
From Breitbart:
“My first belief is that if you finish high school, you should be able to attend any college to which you are qualified to attend, no matter what your documentation says .. [because] we are growing the next generation of leaders,” Abrams told an audience Wednesday at Valdosta State University.”
Most pro-enforcement Americans recognize that offering any sort of reward or encouragement to any form of illegal immigration serves to encourage more illegal immigration. Pro-enforcement Americans should fight everything that encourages illegal immigration.
A video of the 2018 runner-up in the race for Georgia governor spouting her support for instate tuition for illegals featured in the Breitbart piece tagged as being a product of the “GOP War Room.” I can’t be sure who exactly runs the GOP War Room but it looks like somebody from the Republican side who “stalks” the Abrams campaign made it in an effort to illustrate her willingness to reward illegal aliens and put them in front of Americans in America.
Related: The average tuition & fees for Colleges in Georgia is $4,739 for in-state and $17,008 for out-of-state #HB120 #HB 932
In the heat of the race for governor, Abrams position is rightly depicted as being too far out on the left for sensible Georgia voters. We agree. But we note (along with Breitbart writer Neil Munro in the above report) that the fact it was Republicans who advanced legislation under Georgia’s Capitol Gold Dome in the last several years to change state law in order to reward illegal aliens with instate tuition while American and legal immigrant students from other states would still be forced to pay the much higher tuition rates. Last year’s edition of this tuition sell out was HB 120 from Dalton Rep Kasey Carpenter. And Republicans – including Rome Rep Katie Dempsey – who voted to advance HB 120 out of the House Higher Education Committee. Only the spread of too much information from the Dustin Inman Society stopped the bill from going to the floor. It was a Republican who introduced HB 932 that would have changed state law so that refugees, Special Visa Immigrants and some other foreigners could bypass the existing one year wait on accessing instate tuition in our public colleges after they had “migrated” to Georgia. Americans who move to Georgia would still be required to wait for a year to get the much cheaper rates.
We write this up merely to illustrate that for Republicans in September of 2022 the concept that a radical, far-left Democrat advocating that instate tuition be given to illegal aliens is viewed as a very bad idea to be rejected by voters.
We’ll save this for January, 2023 when the Georgia Chamber of Commerce and the far left again push their demand that the Republican-controlled legislature give instate tuition to illegal aliens.
By D.A. King
Photo: NBC4 Washington
(a)Criminal penalties
(1)
(A)Any person who—
(i)
knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii)
knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii)
knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv)
encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(v)
(I)
engages in any conspiracy to commit any of the preceding acts, or
(II)
aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).
(B)A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs—
(i)
in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;
(ii)
in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;
(iii)
in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and
(iv)
in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.
(C)
It is not a violation of clauses [1] (ii) or (iii) of subparagraph (A), or of clause (iv) of subparagraph (A) except where a person encourages or induces analien to come to or enter the United States, for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year.
(2)Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each alien in respect to whom a violation of this paragraph occurs—
(A)
be fined in accordance with title 18 or imprisoned not more than one year, or both; or
(B)in the case of—
(i)
an offense committed with the intent or with reason to believe that the alien unlawfully brought into the United States will commit an offense against the United States or any State punishable by imprisonment for more than 1 year,
(ii)
an offense done for the purpose of commercial advantage or private financial gain, or
(iii)
an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry,
be fined under title 18 and shall be imprisoned, in the case of a first or second violation of subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years.
(3)
(A)
Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18 or imprisoned for not more than 5 years, or both.
(B)An alien described in this subparagraph is an alien who—
(i)
is an unauthorized alien (as defined in section 1324a(h)(3) of this title), and
(ii)
has been brought into the United States in violation of this subsection.
(4)In the case of a person who has brought aliens into the United States in violation of this subsection, the sentence otherwise provided for may be increased by up to 10 years if—
(A)
the offense was part of an ongoing commercial organization or enterprise;
(B)
aliens were transported in groups of 10 or more; and
(C)
(i)
aliens were transported in a manner that endangered their lives; or
(ii)
the aliens presented a life-threatening health risk to people in the United States.
(b)Seizure and forfeiture
(1)In general
Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of subsection (a), the gross proceeds of such violation, and any property traceable to such conveyance or proceeds, shall be seized and subject to forfeiture.
(2)Applicable procedures
Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18 relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Attorney General.
(3)Prima facie evidence in determinations of violationsIn determining whether a violation of subsection (a) has occurred, any of the following shall be prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law:
(A)
Records of any judicial or administrative proceeding in which that alien’s status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United Statesin violation of law.
(B)
Official records of the Service or of the Department of State showing that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
(C)
Testimony, by an immigration officer having personal knowledge of the facts concerning that alien’s status, that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
(c)Authority to arrest
No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.
(d)Admissibility of videotaped witness testimony
Notwithstanding any provision of the Federal Rules of Evidence, the videotaped (or otherwise audiovisually preserved) deposition of a witness to a violation of subsection (a) who has been deported or otherwise expelled from the United States, or is otherwise unable to testify, may be admitted into evidence in an action brought for that violation if the witness was available for cross examination and the deposition otherwise complies with the Federal Rules of Evidence.
(e)Outreach program
The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall develop and implement an outreach program to educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section.
(June 27, 1952, ch. 477, title II, ch. 8, § 274, 66 Stat. 228; Pub. L. 95–582, § 2, Nov. 2, 1978, 92 Stat. 2479; Pub. L. 97–116, § 12, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 99–603, title I, § 112, Nov. 6, 1986, 100 Stat. 3381; Pub. L. 100–525, § 2(d), Oct. 24, 1988, 102 Stat. 2610; Pub. L. 103–322, title VI, § 60024, Sept. 13, 1994, 108 Stat. 1981; Pub. L. 104–208, div. C, title II, §§ 203(a)–(d), 219, title VI, § 671(a)(1), Sept. 30, 1996, 110 Stat. 3009–565, 3009–566, 3009–574, 3009–720; Pub. L. 106–185, § 18(a), Apr. 25, 2000, 114 Stat. 222; Pub. L. 108–458, title V, § 5401, Dec. 17, 2004, 118 Stat. 3737; Pub. L. 109–97, title VII, § 796, Nov. 10, 2005, 119 Stat. 2165.)
By D.A. King
The original story on the complaints is here and the OIG initial response along with my reply and request for reconsideration is here. I added links to the OIG’s response in an effort to make it easier to digest.
The below was received via email on Sept. 12, 2022. I am grateful to Mr. McAfee for his reply.
_____
Good afternoon Mr. King,
I appreciate your consideration of our office for your complaint. To be clear, declining an investigation does not mean we’ve taken any position on the merits or thoroughness of your concerns. We must simply “stay in our lane” and only execute the powers delineated to us by executive order. In my mind, that executive order is clear. OIG does not police all executive powers, constitutionally created or otherwise, only the “agencies of state government” and “state agencies within the executive branch.” I’ve attached a copy of our founding executive order for your convenience.
While county sheriffs may perform state and executive branch functions as your cited AG opinion points out, the fact remains that county sheriffs are not state agencies but rather instrumentalities of county government. See, e.g., O.C.G.A. § 15-16-1 (a) (“the sheriff is the basic law enforcement officer of the several counties of this state”); Veit v. State, 182 Ga. App. 753, 756 (1987). OIG has not been granted jurisdiction to investigate anything considered executive in function. Only “state agencies.”
Feel free to call me anytime at the number below. I’m happy to talk through your concerns and explain our position in greater detail. And disregard any previous reference to DOC, as I agree that DOC would not be the appropriate venue for your complaint.
Scott McAfee
Inspector General Office of the State Inspector General State of Georgia
Mobile: 404- Email: scott.mcafee@oig.ga.
2 Martin Luther King Jr. Dr. SW Suite 1102 | West Tower Atlanta, Georgia 30334 |
By D.A. King
On Sept. 7, we received three emailed responses from the OIG on the complaints we filed the day before. Two of them, presumably for the two sheriffs (the responses did not include complaint numbers), told me to contact the Georgia Dept. of Corrections for an investigation of the violation of state law by the the sheriffs. It is my understanding that Georgia sheriffs hold independent, constitutional, executive branch offices.
The third reply, apparently to the complaint against Kemp, says he may see an investigation.
I paste the OIG responses to the Kemp complaint below and below that the OIG response letter to the sheriff-related complaints then the letter I sent back to them today asking for reconsideration on the response regarding the sheriffs:
Response from OIG to the complaint against Kemp (I assume):
“Thank you for contacting the Office of the State Inspector General (OIG). This email acknowledges receipt of your complaint sent on September 6, 2022. Pursuant to Executive Order 01.13.03.02, the duties of the OIG include the investigation of fraud, waste, abuse, and corruption in the executive branch. Allegations involving county government matters, private industry concerns, personnel/management issues, and local law enforcement agencies typically fall outside our jurisdiction.
OIG will review your complaint to determine whether sufficient grounds exist to open an investigation. If so, we will contact you. Thank you.
Office of the State Inspector General
State of Georgia”
_
OIG response to complaints against the sheriffs:
“Thank you for contacting the Office of the State Inspector General (OIG). This email acknowledges receipt of your complaint sent on September 6, 2022. Pursuant to Executive Order 01.13.03.02, the duties of the OIG include the investigation of fraud, waste, abuse, and corruption in the executive branch. Allegations involving county government matters, private industry concerns, personnel/management issues, and local law enforcement agencies typically fall outside our jurisdiction.
After reviewing your complaint, OIG does not believe this matter would fall under our jurisdiction. However, below is the website link to the Department of Corrections (DOC). DOC – Internal Affairs is the best agency to assist in this matter. Thank you.”
__
My reply:
______
September 9, 2022
The Honorable Mr. Scott McAfee
Inspector General, Georgia
2 Martin Luther King, Jr. Drive SW,
1102 West Tower
Atlanta, GA 30334Re; Sept. 7, 2022 response from your office to my complaints filed against two Georgia sheriffs
Complaint #ED7975F150 & Complaint #D06D828771
Dear Mr. McAfee,
After more than a year of collecting responses to public records requests, media coverage and verified information on the public admissions of two Georgia sheriffs to violation of state law (OCGA 42-4-14), I filed complaints with your office in hopes of an enthusiastic investigation. I was quite surprised to receive responses suggesting that my allegations somehow fall outside of your jurisdiction. I paste that reply in full below:
___
“Thank you for contacting the Office of the State Inspector General (OIG). This email acknowledges receipt of your complaint sent on September 6, 2022. Pursuant to Executive Order 01.13.03.02, the duties of the OIG include the investigation of fraud, waste, abuse, and corruption in the executive branch. Allegations involving county government matters, private industry concerns, personnel/management issues, and local law enforcement agencies typically fall outside our jurisdiction.
After reviewing your complaint, OIG does not believe this matter would fall under our jurisdiction. However, below is the website link to the Department of Corrections (DOC). DOC – Internal Affairs is the best agency to assist in this matter. Thank you.”
____
Gwinnett Sheriff Keybo Taylor and Cobb Sheriff Craig Owens operate within the executive branch of government. I respectfully submit an opinion (Unofficial Opinion U2018-3 OCTOBER 11, 2018) from the Attorney General’s office on that matter which reads in part: “A review of the statutory duties of a sheriff makes clear that both the sheriff and his or her deputies, which are authorized and appointed pursuant to O.C.G.A. § 15‑16‑23, are performing executive, and to some extent, judicial state functions.[1]…”
The explanation of your duties and jurisdiction (“what we do”) displayed on the official OIG website reads: “The State of Georgia Office of the Inspector General promotes transparency and accountability in state government. OIG diligently investigates fraud, waste, abuse, and corruption in the executive branch. We work to promote effective controls, improve agency policies and procedures, and identify opportunities for efficiency.”
“The office of the Sheriff in Georgia is considered to be both a constitutional and county office. The constitutionality of the office stems from the common law, from the constitutional provisions extended to certain offices in existence when the first Georgia constitution was ratified, and because the Sheriff is listed in the Georgia Constitution of 1983 as one of four independently elected county officers” (Hart County Sheriff’s Office).
I respectfully urge you to reconsider the premise presented in your reply to my request that I approach the Dept. of Corrections for an investigation or that DOC somehow has any jurisdiction over the sheriffs or power to investigate their violation of state law in this scenario.
I am in hopes the reply was sent without your input or direct knowledge by an inexperienced staffer.
Please regard this letter as my request for reconsideration of my original request for an investigation and a follow-up response from your office. I am posting all correspondence on this matter for public education.
Please feel free to contact me for any questions.
Thank you,
D.A. King
President, the Dustin Inman Society (NewDustinInmanSociety.org)
Proprietor, ImmigrationPolitcsGA.com
Marietta, GA. 30066
404-***-****
____-
Contact info for the Georgia delegation in Washington DC here. Just click on their name.