August 30, 2020

Hall County Business License office does not require verification of E-Verify use/authority when administering renewals Response to OPEN RECORDS REQUEST

Posted by D.A. King at 1:25 pm - Email the author   Print This Post Print This Post  

Image: Hall Co. Georgia website.

From Brandi Smith (Business License) August 27, 2020 12:14PM

Mr. King,

We only require an E-Verify number one time when any new application is made. During our renewal process, we only send out a bill to the business owner and they are not required to send their E-verify number again. I hope this helps.

Have a Blessed Day!

Brandi Smith
Hall County Business License
Licensing Specialist
2875 Browns Bridge Rd.
Gainesville, GA 30504
770-531-6815

From: Brittany Walker (Planning)
Sent: Thursday, August 27, 2020 11:52 AM
To: Brandi Smith (Business License)
Subject: FW: Restated and separate open records request. PD-ORR-8-18-2020-Vital Foods-D.A.King Hall County

Brandi,

I believe he wants all correspondence in writing. Would you like to email him?

Thank you,

Brittany Walker
Administrative Secretary
Planning and Development
Hall County Government
2875 Browns Bridge Road, Gainesville, GA 30504
770-531-6809 | www.hallcounty.org
cid:image001.jpg@01D593BA.777D7B10

https://www.hallcounty.org/FormCenter/Public-Information-57/Citizen-Comment-Card-133

From: D.A. King <>
Sent: Thursday, August 27, 2020 11:50 AM
To: Brittany Walker (Planning) ; Susan Rector (Business License)
Subject: Re: Restated and separate open records request. PD-ORR-8-18-2020-Vital Foods-D.A.King Hall County

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

My sincere apologies. I cited the wrong law on business license renewals. I meant the E-Verify law. OCGA 36-60-6. Please let me know if you need a new request.

Our communication will be via email (in writing).

I am asking for copies of the documents required in OCGA 36-60-6 (E-Verify) for applicants to submit and issuing agencies to collect for all annual renewals of business licenses from original issue ( I assume that was 2017 from your first response) to and including 2020 or the last year Vital Foods business license was renewed.

I copy the law below.

Thank you, and agin, my apologies for my confusing typo.
D.A. King

O.C.G.A. § 36-60-6

Copy Citation
Current through the 2019 Regular Session of the General Assembly and HB 276 and HB 444 of the 2020 Regular Session of the General Assembly
· GA – Official Code of Georgia Annotated
· TITLE 36. LOCAL GOVERNMENT
· PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS
· CHAPTER 60. GENERAL PROVISIONS

§ 36-60-6. Utilization of federal work authorization program; “employee” defined; issuance of license; evidence of state licensure; annual reporting; standardized form affidavit; violation; investigations
(a) Every private employer with more than ten employees shall register with and utilize the federal work authorization program, as defined by Code Section 13-10-90. The requirements of this subsection shall be effective on January 1, 2012, as to employers with 500 or more employees, on July 1, 2012, as to employers with 100 or more employees but fewer than 500 employees, and on July 1, 2013, as to employers with more than ten employees but fewer than 100 employees.
(b) For purposes of this Code section, the term “employee” shall have the same meaning as set forth in subparagraph (A) of paragraph (1.1) of Code Section 48-13-5, provided that such person is also employed to work not less than 35 hours per week.
(c) Before any county or municipal corporation issues a business license, occupational tax certificate, or other document required to operate a business to any person engaged in a profession or business required to be licensed by the state under Title 43, the person shall provide evidence of such licensure to the appropriate agency of the county or municipal corporation that issues business licenses. No business license, occupational tax certificate, or other document required to operate a business shall be issued to any person subject to licensure under Title 43 without evidence of such licensure being presented.
(d)
(1) Before any county or municipal corporation issues a business license, occupational tax certificate, or other document required to operate a business to any person, the person shall provide evidence that he or she is authorized to use the federal work authorization program or evidence that the provisions of this Code section do not apply. Evidence of such use shall be in the form of an affidavit as provided by the Attorney General in subsection (f) of this Code section attesting that he or she utilizes the federal work authorization program in accordance with federal regulations or that he or she employs fewer than 11 employees or otherwise does not fall within the requirements of this Code section. Whether an employer is exempt from using the federal work authorization program as required by this Code section shall be determined by the number of employees employed by such employer on January 1 of the year during which the affidavit is submitted. The affidavit shall include the employer’s federally assigned employment eligibility verification system user number and the date of authority for use. The requirements of this subsection shall be effective on January 1, 2012, as to employers with 500 or more employees, on July 1, 2012, as to employers with 100 or more employees but fewer than 500 employees, and on July 1, 2013, as to employers with more than ten employees but fewer than 100 employees.
(2) Upon satisfying the requirements of paragraph (1) of this subsection, for all subsequent renewals of a business license, occupation tax certificate, or other document, the person shall submit to the county or municipality his or her federal work authorization user number or assert that he or she is exempt from this requirement, provided that the federal work authorization user number provided for the renewal is the same federal work authorization user number as provided in the affidavit under paragraph (1) of this subsection. If the federal work authorization user number is different than the federal work authorization user number provided in the affidavit under paragraph (1) of this subsection, then the person shall be subject to the requirements of subsection (g) of this Code section.
(e) Counties and municipal corporations subject to the requirements of this Code section shall provide an annual report to the Department of Audits and Accounts pursuant to Code Section 50-36-4 as proof of compliance with this Code section. Subject to funding, the Department of Audits and Accounts shall annually conduct an audit of no fewer than 20 percent of such reporting agencies.
(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.
(g) Once an applicant for a business license, occupational tax certificate, or other document required to operate a business has submitted an affidavit with a federally assigned employment eligibility verification system user number, he or she shall not be authorized to submit a renewal application using a new or different federally assigned employment eligibility verification system user number, unless accompanied by a sworn document explaining the reason such applicant obtained a new or different federally assigned employment eligibility verification system user number.
(h) Any person presenting false or misleading evidence of state licensure shall be guilty of a misdemeanor. Any government official or employee knowingly acting in violation of this Code section shall be guilty of a misdemeanor; provided, however, that any person who knowingly submits a false or misleading affidavit pursuant to this Code section shall be guilty of submitting a false document in violation of Code Section 16-10-20. It shall be a defense to a violation of this Code section that such person acted in good faith and made a reasonable attempt to comply with the requirements of this Code section.
(i) Documents required by this Code section may be submitted electronically, provided the submission complies with Chapter 12 of Title 10.
(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.

History

Code 1981, § 36-60-6, enacted by Ga. L. 1992, p. 1553, § 1; Ga. L. 2011, p. 794, § 12/HB 87; Ga. L. 2013, p. 111, § 4/SB 160.

I support the police.
All lives matter.

On Aug 27, 2020, at 11:18 AM, Brittany Walker (Planning) wrote:

Good Morning,

I spoke with Brandi from Business License regarding your request and she has some questions pertaining to your request. We are a little unclear about it. We want to get you what you need. She called and left you a message at 404-316-6712. If there is a better contact number please let me know.

Thank you,

Brittany Walker
Administrative Secretary
Planning and Development
Hall County Government
2875 Browns Bridge Road, Gainesville, GA 30504
770-531-6809 | www.hallcounty.org

https://www.hallcounty.org/FormCenter/Public-Information-57/Citizen-Comment-Card-133

From: D.A. King
Sent: Thursday, August 27, 2020 11:00 AM
To: Brittany Walker (Planning) ; Susan Rector (Business License)
Cc: Randy Travis ; Brad Stone Subject: Re: Restated and separate open records request. PD-ORR-8-18-2020-Vital Foods-D.A.King Hall County

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

To be clear. Again. I am making a second request for copies of the documents required under OCGA 50-36-1 for all annual renewal of business license since original issue. The original copies you sent are here and here.
D.A. King

I support the police.
All lives matter.

On Aug 27, 2020, at 9:56 AM, Brittany Walker (Planning) wrote:

Good Morning,

Business License had sent everything in the previous Open Records Request that they have regarding this business license that was requested. The application was included (there is no application each year to be submitted), the Citizenship form was included on the owner/office of the business, the driver’s license copy was included and as for the E-Verify affidavit, they only require a number to be submitted to our office upon submitting the application and that number was on the application that was submitted in the open records request. I attached the Business License documents again to this email.

Attached are the documents from Hall County Building Inspections.

This case is now closed.

Thank you,

Brittany Walker
Administrative Secretary
Planning and Development
Hall County Government
2875 Browns Bridge Road, Gainesville, GA 30504
770-531-6809 | www.hallcounty.org

https://www.hallcounty.org/FormCenter/Public-Information-57/Citizen-Comment-Card-133

From: D.A. King
Sent: Monday, August 24, 2020 1:40 PM
To: Brittany Walker (Planning)
Subject: Restated and separate open records request. PD-ORR-8-18-2020-Vital Foods-D.A.King Hall County

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Ms. Walker, (pls forgive the italics, my keyboard has gone crazy. Sorry)

As I did not word my original open records request clearly, please consider this a separate and additional open records request. I hope to see copies of the documents listed below from the first year Vital Foods LLC applied for and was issued a business license and the same docs from each year that license was renewed. I am assuming that 2017 was the first year of application, but if not, please send me the first year’s documents listed below.

Please send me copies of the business license application, E-Verify affidavit, verification of lawful presence affidavit and secure ID affidavit if applicable for original issue and for renewal of business license for Vital Foods.

I mailed the check to pay for the research on my first request last week.

Thank you,

D.A. King

I support the police.
All lives matter.

On Aug 21, 2020, at 4:11 PM, D.A. King wrote:

I support the police.
All lives matter.

Begin forwarded message:

From: “Brittany Walker (Planning)”
Subject: RE: PD-ORR-8-18-2020-Vital Foods-D.A.King
Date: August 19, 2020 at 3:28:44 PM EDT
To: “D.A. King”

Good Afternoon,

Attached are the documents from Hall County. I have also attached an invoice with instructions for payment.

This request is now closed.

O.C.G.A. § 50-18-72(a)(20) Social security numbers, mother’s birth name, credit card, debit card, bank account,
account or utility account passwords and numbers, financial data, insurance and
medical records, unlisted telephone numbers, personal e-mail address or cellular
telephone number, day and month of birth, and information regarding public utility,
television, internet, or telephone accounts held by private customers

Thank you,

Brittany Walker
Administrative Secretary
Planning and Development
Hall County Government
2875 Browns Bridge Road, Gainesville, GA 30504
770-531-6809 | www.hallcounty.org

From: D.A. King
Sent: Wednesday, August 19, 2020 10:39 AM
To: Brittany Walker (Planning)
Subject: Re: PD-ORR-8-18-2020-Vital Foods-D.A.King

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Yes, pls proceed.
dak

I support the police.
All lives matter.

On Aug 19, 2020, at 10:37 AM, Brittany Walker (Planning) wrote:

Good Morning,

The approximate cost to complete your request from Hall County Business License is $21.96. I am estimating 1 hour at $21.96 per hour. These documents can be sent to you in an email.

An invoice of the actual cost will be sent when the request is complete. It will take approximately 5 business days to get this information back to you assuming you would like to proceed.

Please let me know how you would like to proceed.

Thank you,

Brittany Walker
Administrative Secretary
Planning and Development
Hall County Government
2875 Browns Bridge Road, Gainesville, GA 30504
770-531-6809 | www.hallcounty.org