January 1, 2019

Gwinnett IERB letter, December 5, 2018

Posted by D.A. King at 4:34 pm - Email the author   Print This Post Print This Post  




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

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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.

Georgia’s Kangaroo Court (IERB) on illegal immigration law enforcement to hold a telephone meeting – with agenda to be determined. To hear it, you need to go downtown through security: James Balli, Chairman

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Email received from Audits and Accounts, December 31, 2018 at 3:38 PM:

Good Afternoon,


The Immigration Enforcement Review Board has scheduled a Special Called Meeting for Tuesday, January 8, 2019 at 10:00.  The members will be holding this meeting via conference call.  A conference call line will be set up in Room 1-151 at the Georgia Department of Audits and Accounts if you wish to hear the meeting in person.  The address for the Georgia Department of Audits and Accounts is listed on the agenda.  The building is located at the corner of Trinity Avenue and Washington Street.  Please enter the building on the Trinity Avenue side.  You will need to go through security and show a valid ID to enter the building.  I have attached a tentative agenda, but will resend.


Thank you,

Carol Schwinne

Good Afternoon,







Carol G. Schwinne| Director

Administrative Division

Georgia Department of Audits and Accounts

270 Washington Street, S.W., Suite 1-156

Atlanta, GA 30334

Office: 404.463-2670 | schwinne@audits.ga. gov




mail.audits.ga.gov made the following annotations on 12/31/18:

NOTICE: This e-mail (including attachments) may contain information that is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you have received this in error, please notify us immediately and delete the message.

Thank you for your cooperation.


***Note: More on the IERB here and here.



Agenda -January 8, 2019

December 29, 2018

Georgia’s Immigration Enforcement Review Board – timeline of term overstays of board members IERB

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Immigration Enforcement Review Board (IERB) established in OCGA 50-36-3 (2011, HB87)

The seven original IERB members were appointed between July and Sept. 2, 2011.

State law is clear that members are limited to two terms of two years per term.

OCGA 50-36-3 (b) The Immigration Enforcement Review Board is established and shall consist of seven members. Three members shall be appointed by the Governor, two members shall be appointed by the Lieutenant Governor, and two members shall be appointed by the Speaker of the House of Representatives. A chairperson shall be selected by a majority vote of the members. All matters before the board shall be determined by a majority vote of qualified board members. Members shall be appointed for terms of two years and shall continue to hold such position until their successors are duly appointed and qualified. A member may be reappointed to an additional term. If a vacancy occurs in the membership of the board, the appropriate appointing party shall appoint a successor for the remainder of the unexpired term and until a successor is appointed and qualified.

Appointed by Gov. Deal: Phil Kent, Shawn Hanley and Ben Vinson
Appointed by Lt. Gov Cagle: Boyd Austin, Mike Yeager
Appointed by Speaker Ralston: Robert Mumford, Terry Clark.

With the end of the first term, original members still on the IERB should have been reappointed in July and Sept. 2013 – with the end of that term being July/Sept. 2015. With the exception of the Speaker’s office on the reappointment of Terry Clark, it appears that none of the three offices that made the original appointments can produce any paperwork reflecting any reappointments. After a request for public records, Cagle’s office claimed exclusion from open records laws due to being part of the legislature.

Lt. Governor is an executive branch office under the state constitution.

Without being legally reappointed and without authority, members Kent, Hanley, Vinson, Yeager and Clark served well beyond the end of the four year limitation. As of December 29, 2018 Clark is still serving.

Ben Vinson resigned IERB sometime in June of July, 2017 after being appointed to the State Board of worker’s Compensation by Gov. Deal. In violation of state law, Vinson was active as IERB Chair from Sept. 2015 to the date of his resignation.

Shawn Hanley and Phil Kent both resigned in August 2018 when the term limit violation was made public.

In the same report linked above, it looks like the AG is staying far away from the entire matter.

IERB member John Kennedy was appointed in January 2013 after Robert Mumford resigned to become a judge. Kennedy won election to the state senate and James Balli was appointed to replace him by Speaker Ralston in Feb. 2014. The appointment letter specifically states Balli’s appointment would end in July 2015 or “until a successor is duly appointed.”

That would mean Balli’s two term limit would end in July 2017 – if he was duly reappointed. Public records of any such reappointment have not been produced.

* It could be that Balli will claim he was appointed to finish Kennedy’s term and could lawfully serve two terms of his own. I assert that argument is contrary to the language and intent of OCGA 50-36-3.

With this line of thinking: Mumford’s first term ended in Sept. 2013, Kennedy would have finished that term in 2015, but was replaced by Balli who was appointed in Feb 2014. Again, the Balli appointment letter states his term ends in 2015 or until a lawful reappointment or a successor appointment.

Reappointment of Balli would expire in 2017 – if he was duly reappointed.

Regardless of the question on Balli’s reappointment or his merely finishing another member’s term, because of the fact that that members Kent, Vinson, Hanley and Clark served and voted without authority after Sept. 2015, it is my position that any actions taken after Sept. 2015, including sanctions, complaint dismissals and board votes were done in violation of state law and are thereby null and void.

IERB Kennedy appointment

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IERB Mumford and Clark appointments

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July 2011 appointments

December 10, 2018

Appointment – IERB, James Balli

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August 7, 2018

Following Decatur attorney’s inquiry, two members of immigration board resign #IERB

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Following Decatur attorney’s inquiry, two members of immigration board resign



July 31, 2018

Lawyer: State’s immigration board members serving on expired terms #IERB

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July 30, 2018

Lawyer: State’s immigration board members serving on expired terms

By Chris Joyner, The Atlanta Journal-Constitution

The Decatur city attorney has asked the Attorney General’s office to look into whether members of the Georgia Immigration Enforcement Review Board have overstayed their term in office and should be removed.

In his letter, Brian Downs said five of the seven members have served since the board’s creation in 2011, despite a state law that limits members to two terms of two years each.

“If these board members are not supposed to be serving under the law, then they need to step aside,” Downs said in an interview Monday.

It is the latest development in the city’s fight against Lt. Gov. Casey Cagle’s accusation that Decatur is violating state laws outlawing “sanctuary” cities.

The letter singles out Chairman Shawn Hanley and board member Phil Kent, both outspoken activists for tighter immigration controls, for replacement. Hanley and Kent were appointed by Gov. Nathan Deal.

But Downs also notes Cagle appointees Boyd Austin and Coweta County Sheriff Mike Yeager, along with Moultrie farmer Terry Clark, who was appointed by House Speaker David Ralston, have also served since 2011 without ever being reappointed.

“Expedited action on this situation is critical,” Downs said. “The IERB has multiple pending cases in which each of these individuals have no legal right to participate.”

Cagle filed a complaint against Decatur in November claiming that by prohibiting police from holding suspected illegal immigrants solely on a request from U.S. Immigration and Customs Enforcement the city broke a state law forbidding “sanctuary cities.” Cagle filed the complaint from the lieutenant governor’s office, but it came amid his campaign against Secretary of State Brian Kemp for the Republican nomination for governor.

Both Cagle and Kemp sparred over who could be toughest on immigration, among other issues. Kemp defeated Cagle in a primary runoff July 24.

Decatur has denied its policy violates the state law. Downs has repeatedly said Decatur is not a sanctuary city in sometimes heated exchanges with immigration board members…. More here.

July 26, 2018

Decaturish: Following runoff defeat, will Casey Cagle’s complaint against Decatur lose momentum? #IERB

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