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September 24, 2020Open records request: Response from City of Dalton on Cherokee Brewing & Pizza Co. (Cherokee Brewing LLC) – Occupational Tax Certificate (Business License) * Kasey Carpenter Photo: City of Dalton Original open records request here. Click on Page to View Full Document
September 21, 2020September 18, 2020Open records request sent to Paulding County Occupational Tax Certificate office today Image: Paulding County website
Below sent this AM. D.A. KING 18 SEPT 2020 OPEN RECORDS REQUEST Paulding County Occupational Tax Certificate office To whom it may concern, Please send me copies of any application for issue and annual renewal of any occupational tax certificate including copies of the completed Verification of Lawful Presence Affidavit as required by OCGA 50-36-1 for the business listed below. Please also include copies of the Secure and Verifiable Documents collected as required by OCGA 50-36-1. I understand these copies can be redacted. Please also include the Private Employer Affidavit as required by OCGA 36-60-6 and all documents that record the information required for each annual renewal by OCGA 36-60-6 for the same business. Please also include copies of the compliance reports sent to the Dept. of Audits and Accounts as required by OCGA 36-60-6 pursuant to Code Section 50-36-4. Please use the time frame of July 1, 2012 to today’s date. I am happy to pay any reasonable and lawfully charged research and/or copy fees that are presented to me before such work is begun. Please contact me via email with any questions. Please provide requested documents via email. Interroll Atlanta LLC Thank you, D.A. King Compliance reports obtained from Hall County Business Licnese Division – – open records request Image: Hall Co. Georgia website.
Many thanks to DIS board member and our friend, Maria Silvia Montoya for helping me with posting. Click on Page to View Full Document:
September 17, 2020Open records request – Hiram, GA. sent today *UPDATED with response Image: City of Hiram, GA.
D.A. KING OPEN RECORDS REQUEST, OCCUPATIONAL TAX CERTIFICATE RELATED Please send me copies of any application for issue and annual renewal of any occupational tax certificate including copies of the completed Verification of Lawful Presence Affidavit as required by OCGA 50-36-1 for the business listed below. Please also include copies of the Secure and Verifiable Documents presented as required by OCGA 50-36-1. I understand these copies can be redacted. Please also include the Private Employer Affidavit as required by OCGA 36-60-6 and all documents that record the information required for each annual renewal by OCGA 36-60-6 for the same business. Please also include copies of the compliance reports sent to the Dept. of Audits and Accounts as required by OCGA 36-60-6 pursuant to Code Section 50-36-4. Please use the time frame of July 1, 2012 to today’s date. I am happy to pay any reasonable and lawfully charged research and/or copy fees that are presented to me before such work is begun. Please contact me via email with any questions. Please provide requested documents via email. Interroll Atlanta LLC Thank you, D.A. King Marietta, GA. 30066 ______ *Update received 17 Sept. 2020 That business is not in our jurisdiction. Contact Paulding County for this information. Sincerely, Melissa Chosewood City Clerk 217 Main Street Hiram, GA 30141 Open Monday thru Friday, 8a-5p; closed daily for lunch, 12:30p-1:30p AT THIS TIME PLEASE CONSIDER DOING BUSINESS WITH US OVER THE PHONE OR ONLINE *Closed major Holidays phone: 770-943-3 726, ext. 2025 cell: 678-794-9 110 fax: 770-439-2 372
September 16, 2020Open records request – Dept of Audits and Accounts *UPDATED with response Image: Dept of Audits and Accounts Ms. Schwinne,
As discussed on the phone today, please send me copies of any/all reports or memorandums the Dept. of Audits and Accounts created and or sent to the Dept. of Community Affairs or any other agency or official related to or listing agencies that did not file an annual compliance report with Audits and Accounts or that were/are not in compliance with requirements under OCGA 36-60-6 and OCGA 5-36-4.
Please use the time frame 2012 to and including 2019.
Thanks for your help. I will be in touch soon.
D.A. King
Marietta
*Updated with response, 18 Sept 2020: Good Morning Mr. King, On September 16, 2020, you filed an open records request for reports or memorandums created by the Department of Audits and Accounts which listed agencies that did not file an annual compliance report or that were/are not in compliance with requirements under OCGA 36-60-6 and OCGA 50-36-4. When we were speaking on the phone about this, I referenced a report we issue to the Department of Community Affairs. However, we only issue reports/memorandums specific to the reporting requirements relating to OCGA §13-10-91 and OCGA §36-80-23 (d).  We are not required to notify DCA or any other agency of governments who did not comply with the reporting requirements applicable to OCGA §36-60-6. I did run reports for the years 2013 – 2019 of all local governments that had not complied with one or more of the reporting requirements, and have attached the files. There is a file for cities and consolidated governments and a separate file for counties. We did all of this work manually prior to 2013 and do not have any electronic reporting for it. Additionally, that is beyond our retention period. So, we would not have the records. You will receive subsequent emails that will include the reports we have sent to DCA and to other agencies regarding nonresponding governments. Kind Regards, Carol Schwinne NON RESPONDING REPORTS BELOW. View – Nonresponse Report – Cities & Consolidated Governments View – Nonresponse Report – Counties
September 15, 2020Complaint Hall County Government, Business License Division – UPDATEDImage: Hall Co. Georgia website.
The below complaint was sent to the Hall County Sheriff this morning. I have received confirmation of receipt. Â Update, 17Sept: Amendment to complaint on bottom. __
15 September 2020 D.A. King
Complaint Re: Multiple violations  OCGA 36-60-6 & OCGA 50-36-4 & OCGA 50-36-1 To: Sheriff Gerald Couch, Hall County Georgia Headquarters Sheriff Couch, Please regard this as an official complaint against the following Hall County officials for repeated and ongoing violations of OCGA 36-60-1 (E-Verify requirement for private employers) and OCGA 50-36-4 (requiring agencies to submit annual immigration compliance reports) and OCGA 50-36-1 (verification of lawful status for public benefits). Richard Higgins, Commission Chairman Kathy Cooper, District 1 Commissioner Billy Powell, District 2 Commissioner Shelly Echols, District 3 Commissioner Jeff Stowe, District 4 Commissioner Susan Rector, Business License Division Director I ask that you conduct an official investigation and assuming your investigators agree with my own research and findings, forward my complaint to the state Attorney General for prosecution. *My curiosity and open records requests have produced what should be regarded as a confession and confirmation of the violations I outline below. The E-Verify law As part of HB 87, in 2011 language that is now OCGA 36-60-6 (posted here) went through a long and arduous committee process, was passed by the General Assembly and signed into law by then Governor Nathan Deal. The intent of the law is to protect lawful workers by reducing the possibility of illegal employment and the black market labor that costs Georgia taxpayers billions of dollars annually. In a general description of the measure, as a condition of issue of business licenses and under penalties of false swearing (OCGA 16-10-20), the law requires private employers applying for business licenses to report the number of their employees. Those with more than ten employees are required to swear on an affidavit they are authorized by the federal government to use the no-cost federal E-Verify system and that he or she utilizes this federal work authorization program in accordance with federal regulations. The law requires employers subject to the E-verify requirement to enter on the affidavit the date they were authorized to use E-Verify and the unique user/ID number for E-Verify assigned by the United States Citizenship and Immigration Services (USCIS) which is the federal agency inside DHS that operates E-Verify. The law mandates agencies that issue business licenses collect this affidavit before issuing the business license and to further collect information upon annual renewal/re-issue that reflects the employer’s current number of employees and to again collect the subject employer’s E-Verify user number. From the law: “(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.” This repeat process is to insure continuous authority to use E-Verify. The user number will change if the employer were to cancel his authorization with USCIS to use E-Verify after the original business license is issued and then obtain a separate and new E-Verify agreement. Issuing agencies, including Hall County Business License Division, are supposed to check the E-Verify user number at annual renewal/re-issue and if it is different than the number on the original affidavit, obtain a sworn explanation of why the user number had changed before renewing/re-issuing the license. “(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.” The drafters of the law foresaw the likelihood of different agencies inventing their own style and format of forms and affidavits and sought to eliminate confusion and baseless violation defense of “we didn’t know…we have our own way of doing things…” by requiring the Attorney General to create a standardized form which the law says “…shall be used…” I have posted that form here. Please note the area on the bottom for Notarization. As proof of compliance with the law, issuing agencies – such as the Hall County Business License Division – are required to provide an annual report validating compliance to the Department of Audits and Accounts pursuant to Code Section 50-36-4. Guidelines from Audits and Accounts can be seen here. “(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.” In addition to my involvement with the creation of this regulation in 2011, using public records laws I have recently spent considerable time and effort to establish that Hall County Government is in clear and ongoing violation of this state law. Obvious violations:  OCGA 36-60-6 * As you can see from one response to my request for open records (full response here, business license docs here), Hall County does not use the Private Employer Affidavit mandated by law and has invented their own form which is incorporated into the application for a business license and does not involve Notarization (as the AG affidavit requires) as far as I can see. It appears that Hall County has combined their business license application with an invented version of the affidavit required for an entirely different (but equally important) state law (OCGA 50-36-1) which pertains to verifying the legal immigration status of applicants for public benefits (which does have a space for a Notary) thereby violating the language of the verification of lawful status law while ignoring the requirements of the E-Verify law designed to deter illegal employment and illegal immigration. * Hall County government cannot produce copies of the required documents that are supposed to be collected before the annual re-issue/renewal of the business license. An August 27, 2020 email from the Business License Division explains why and contains an admission that the law is not followed on annual renewals/re-issue.  * “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” I respectfully trust this admission of non-compliance/guilt will reduce the time and effort involved in your investigation and the Attorney General’s prosecution. “(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.” OCGA 50-36-4  * I submit that filing a report that validates compliance with the E-Verify law when compliance is not happening is filing a false report. I have asked Hall County Business License Division for copies of the required compliance reports from 2012-2019 and am told to expect that information late this week. Your office should be able to access them from the Dept. of audits and Accounts. OCGA 50-36-1  The law requires that a standardized affidavit for verification of lawful presence be used for this purpose as well. OCGA 50-36-1: “(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.”  * The Hall County Business License Division is using an affidavit of their own concoction in place of the mandated affidavit created for use by the Dept. of Audits and Accounts, which can be seen here. This is yet another violation for each application taken since the language was effective. Apparently, these abuses have been going on since 2012 when OCGA 36-60-6 became effective. I have used an open records request to attempt to get an estimate of how many business licenses have been issued and renewed/re-issued in the violation of the law described here but am informed that Hall County does not have ready access to documents that would show total issues and re-issues from 2012 to and including 2019. I apologize for the length of this complaint, but intend to pursue this flagrant disregard for state law by Hall County and wanted to make the issue as clear as possible for those who do not spend their time fighting illegal employment, which is the main driver of illegal immigration. Official figures show that Georgia is home to more illegal aliens than is Arizona and more illegal aliens than green card holders. It is long proven that enforcement of the law works to reduce illegal immigration. I am confident that your office will handle this exposure of the likely thousands of violations of state law and malfeasance in Hall County government with the gravity it merits. On a personal note, as a USMC veteran who has dedicated his life to immigration enforcement for the last seventeen years and as the grandson of a 25-year veteran of the Detroit Police Dept. (Detroit Police Academy Class of 1928)  – please be advised of my admiration for your own dedication to public safety through your use of the lifesaving 287(g) tool. I am proud to actively advocate for 287(g) and to have assisted in the implementation of 287(g) in Cobb and Gwinnett counties. You have my entire family’s sincere gratitude and respect for your courage and the tireless protection you and your deputies provide to Hall County and our state. At our house, we are proud to actively and vocally support all law enforcement officers. Please contact me with any questions. I would be grateful for a response from your office so that I know this complaint has been received and is active in your investigations. Very respectfully submitted, D.A. King President, the Dustin Inman Society Proprietor, ImmigrationPoliticsGA.com Marietta, GA. 30066 New York Times profile here. ______ Amendment to complaint sent 17 Sept: 17 September 2020 Re: Complaint dated 15 September 2020 – Hall County Government Re: Multiple violations  OCGA 36-60-6 & OCGA 50-36-4 & OCGA 50-36-1 To: Sheriff Gerald Couch, Hall County Georgia Headquarters Sheriff Couch, I write to amend my complaint of 15 September and to save your office time and effort in your investigation. Please disregard the section of the complaint entailing OCGA 50-36-4 and the required compliance reports. After a triple-check review of the language of that law and the format for the compliance reports set up by the Dept. of Audits and Accounts (DOAA) and lengthy conversation with a senior staffer at DOAA I no longer am convinced that Hall County Business License Division is in violation of the that reporting requirement as the requirements are currently laid out by DOAA. The evidence I have sent to your office on violation of the other two state laws is overwhelming and concrete. Please know this amendment has no bearing on the admitted violations of OCGA 50-36-1 and OCGA 36-60-6. Kindly confirm your receipt of this note and amendment. Respectfully, D.A. King _ Sent Sept 26, 2020. I received conformation of receipt. 26 September 2020 Re: Complaint dated 15 September 2020 – Hall County Government Re: Multiple violations  OCGA 36-60-6 & OCGA 50-36-4 & OCGA 50-36-1
To: Sheriff Gerald Couch, Hall County Georgia Headquarters
Please forward my complaint to the G.B.I.
Sheriff Couch, I write to ask that you forward my complaint of 15 September 2020 against various members of Hall County government to Director Vic Reynolds of the Georgia Bureau of Investigation instead of the AG’s office. Please forgive my ignorance the system. Kindly confirm your receipt of this note. Respectfully, D.A. King Marietta
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