September 29, 2016

September 15, 2016 complaint sent to Georgia AG, City of Atlanta violation of OCGA 50-36-1 and 36-60-6

Posted by D.A. King at 9:07 am - Email the author   Print This Post Print This Post  

September 15, 2016
via email. 1 of 2

Re; citizen complaint, City of Atlanta violation of OCGA 50-36-1 and 36-60-6

Dear Attorney General Olens,

The City of Atlanta has admitted that it cannot produce and does not possess affidavits (and other documents) which are required to be collected when renewing business licenses for the Coca Cola Co. and the Georgia Association of Latino Elected Officials Inc., both of which are licensed to do business in Atlanta and have renewed business licenses each year since applicable laws went into effect.

Using Georgia’s Open Records Act I have requested copies of the required affidavits from the City of Atlanta and eventually (well beyond the three-day time period) received a response that did not include most of the requested documents. I can see an internal note on one of the documents that indicates the City of Atlanta is aware of the missing affidavits.

Included in my request were the SAVE (relative to GALEO) and E-Verify (Coca Cola & GALEO) affidavits for the years 2013, 2014, 2015 and 2016 mandated in OCGA 50-36-1 and 36-60-6. I am including my request and the entire City of Atlanta response for your education and possible investigation.

Please note, I have also asked for copies of the above documents for “the Georgia Power Co.” but have not received any mention of that entity in Atlanta’s response. That may be because I was incorrect in the proper/business name of a well-known Georgia energy corporation that is doing business in Atlanta. I hope that can be cleared up in any investigation.

* If this initial request for action is directed to your office in error, please direct me to the proper authority.

* OCGA 36-60-6
“(j) The Attorney General shall be authorized to conduct an investigation and bring any criminal or civil action he or she deems necessary to ensure compliance with the provisions of this Code section. The Attorney General shall provide an employer who is found to have committed a good faith violation of this Code section 30 days to demonstrate to the Attorney General that such employer has come into compliance with this Code section. During the course of any investigation of violations of this Code section, the Attorney General shall also investigate potential violations of Code Section 16-9-121.1 by employees that may have led to violations of this Code section.”

* OCGA 50-36-1
“(p) 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 am also forwarding my electronic request and the response from the City of Atlanta in an email to follow marked ‘2/2.’

I look forward to a response from your office.


D.A. King
Marietta, Ga.