January 1, 2019

Letter to IERB appealing December 5, 2018 decision Re; Gwinnett County School District

Posted by D.A. King at 3:30 pm - Email the author   Print This Post Print This Post  


Photo: Bensbiltong.com

Also sent for Whitfield schools, Bibb County Schools, Hall County Schools, Glynn County Schools, DeKalb County Schools and Bulloch County Schools.


January 1, 2018

To: Immigration Enforcement Review Board

Re; Appeal of board’s final decision on complaint 2017-01 (Gwinnett County School District) made on December 5, 2018

I am filing this appeal to the board’s decision despite the Chairman’s statement that no appeal would be allowed in the letter I received on December 22, 2018 memorializing the board’s action.

Chairman Balli claims the decision was made by the full board and as such is exempt from the appeal process under the IERB’s rules. I dispute that claim. By law, the IERB consists of seven members.

The official Meeting Summary (marked “A”) posted on the Audits and Accounts website for this meeting shows lists only six members and shows that three members were present at the meeting and one member called in via telephone.

I also note that the Meeting Agenda (marked “B”) posted on the Audits and Accounts website for the December 5, 2018 meeting excluded any notice of any planned consideration of the many complaints I had pending. For this reason, I did not attend. When Balli convened the meeting and saw I was not in attendance and could not present evidence or address the partial board, Balli offered a motion to amend his agenda, got it passed by members who know nothing of the issue surrounding the complaints and then was successful in convincing the members who were in attendance to dismiss the complaints based on far-fetched and easily proven false concepts of immigration law, both state and federal.

I have documentation that clearly disproves Balli’s argument that was the basis for dismissal and have sent those points to the board at least twice in the past. I am appealing for an opportunity to present the facts that prove Balli’s reasoning presented to the other members to be inaccurate.

I note that by law (OCGA 50-36-3), IERB members are permitted to serve two terms of two years per term. Member Terry Clark, was originally appointed to the board in July, 2011. I contend that Clark has served and voted on the IERB without authority and in violation of state law since July, 2015. I further contend that this alone is grounds for invalidation of all decisions Clark voted on since July 2015.

I also note that originally being appointed to the IERB by the Speaker of the House in 2014 with specific language that Balli was to serve until “July 2015 or until successor is duly appointed” that Balli is serving as a IERB member and Chairman without authority and in violation of state law (OCGA 50-36-3). I also note that having used Georgia open records law to request a copy of any document that show any reappointment of Chairman Balli, no such document has been produced. Indeed, if such document exists, it could not lawfully reappoint Balli to serve beyond July, 2017. I contend that any decisions made by the board in which Balli voted or Chaired after that date are invalid and unlawful.

I also note that as of this writing, on December 31, 2018, Balli has called for a special meeting of the IERB for January 8, 2019 but not divulged any agenda saying in the announcement that the agenda (marked “C”) is to be determined.

Along with noting the board has dismissed valid complaints in the past without allowing me to present evidence or even speak when I did attend the hearing, I note the January 8, 2019 special meeting to illustrate the unprofessional and illegal habits of the board.

D.A. King

Note: Here is a timeline of most IERB members appointments.