*Update: Mr. Jorge Gomez (really nice guy!) replied this morning to my open records request mentioned below:

Mr. King,

Thank you for our conversation the other day. I have looked into this
matter for your requested documents and there are no documents responsive
to your request (affidavits and/or secure IDs).

If I can be of any further assistance please do not hesitate to contact me.

Jorge Gomez
Executive Director of Administration and Policy
Office of the CEO/Superintendent
Gwinnett County Public Schools
J. Alvin Wilbanks Instructional Support Center
437 Old Peachtree Road, NW
Suwanee, GA 30024-2978

Phone: 678 301-6005
Fax: 678 301-6007

—

January 18, 2017

Official complaint and request for investigation and prosecution

Sent electronically via email

Sheriff Conway,

Please regard this letter as my complaint and request for enforcement action on the violations described and documented below.

Violation of OCGA 50-36-1
Gwinnett County Board of Education, Gwinnett County Public Schools/ International Newcomer Center et al

Under Georgia law Public Benefits may only be administered to eligible applicants.

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.

(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.”

Adult education is listed in the law as a Public Benefit in Georgia law.

According to various news reports, including one HERE and conversations with staffers at Gwinnett County Public Schools, the Gwinnett County Board of Education, is conducting Adult Education classes at an official entity known as the ‘International Newcomer Center.’ Apparently, there is no system in place to comply with state law that requires verification of eligibility for this public benefit.

In my educated opinion, the leadership of Gwinnett County Board of Education, Gwinnett County Public Schools and the International Newcomer Center are in violation of state law.

I am confident that your office will begin the process of investigation and enforcement and forward the results to the Attorney General’s office and any other office that may have an obligation to enforce or adjudicate state law.

Please note that I have sent similar complaints and documentation to the AG’s office in the past and have not received a reply and am not aware of any action taken.

Please know that I am among the majority of Georgians who value the work you and your officers and staff do every day and that I express my utmost gratitude for your attention to duty and the rule of law.

Very Respectfully submitted,

D.A. King

Marietta, Ga. 30066